Article 1. Applicability of General Terms
1.1 These General Terms and conditions are applicable to all Enamora orders and agreements.
1.2 These General Terms apply to all agreements with Enamora. Accepting an offer or placing an order shall mean that you accept these General Terms.
1.3 The provisions in these General Terms may only be deviated from in writing, in which case the other provisions shall remain in full force.
1.4 All rights and claims stipulated in these General Terms and in any other agreements for Enamora benefits shall likewise be stipulated for the benefit of intermediaries and other third parties engaged by Enamora.
Article 2. Offers/agreements
2.1 All of Enamora’s offers shall be without obligation. Enamora expressly reserves the right to change prices.
2.2 An agreement shall only be in force after Enamora accepts your order. Enamora shall be entitled to refuse orders or attach certain conditions to delivery, unless expressly stated otherwise. If an order is not accepted, Enamora shall indicate this within 10 working days after receiving the order.
2.3 Enamora reserves the right to change the content of these General Terms.
Article 3. Prices and payment
3.2 Products are delivered upon receipt of payment, unless agreed otherwise. Special terms may apply.
3.3 If a payment is reversed for whatever reason after initial receipt by Enamora, and delivery has been made in the meantime, this shall never release the party placing the order from his payment obligation.
3.4 In case of exceeding the payment term, you are in default from the day that payment should have been submitted. The resulting late fee will be 1.5% per month or part of a month on the outstanding amount. If payment is made after a demand by Enamora, you are held responsible for administration costs. If Enamora has contracted for collection, you also pay the collection costs, which is at least fifteen percent (15%) of the outstanding amount, without prejudice to Enamora to claim. Extrajudicial collection costs actually incurred instead
3.5 If you fail to make any payment, Enamora shall be entitled to suspend or rescind the relevant agreement and all related agreements (or the performance there-of).
3.6 If the prices of the products and services increase in the period between the order and the execution thereof, you remain the right to cancel the order within ten (10) days after the resulting price changes by Enamora.
Article 4. Delivery / approval period
4.1 The delivery dates stated by Enamora shall merely be indicative. You shall not be entitled to any damages if a delivery date is exceeded, nor shall you be entitled to cancel the order or rescind the agreement.
4.2 The actual delivery is the place and time when the products are ready for shipping.
4.3 Orders may be shipped in different shipments. Extra costs involved are for count of Enamora, unless other is discussed. When this is the case you will receive a notification.
Article 5. Retention of title
5.1 If you already owe an amount to Enamora under any agreement, title to delivered products shall not be transferred until you have paid that amount. Responsibility regarding the products shall already be transferred to you at the time of delivery.
Article 6. Intellectual and industrial property right
6.1 You must respect all intellectual and industrial property rights attached to the products delivered by Enamora unconditionally and in full.
Article 7. Complaints and liability
7.1 Upon delivery, you are obliged to inspect the products to determine whether or not they comply with the agreement. If this is not the case, you must inform Enamora in writing, stating reasons, as soon as possible and, in any event, within 10 working days after delivery.
7.2 If it is demonstrated that the products do not comply with the agreement, Enamora shall have the option of replacing the products concerned with new products in exchange for return of the products or refunding the invoice amount of the products.
7.3 If you do not wish to take possession of a product for any reason, you shall be entitled to return the product to Enamora within 7 working days after receiving the package. Return shipments shall only be accepted in this case if the product and packaging are complete and have not been damaged, where the return shipment costs are for your account.
7.4 Return shipments with insufficient postage shall not be accepted.
7.5 The return shipments accepted by Enamora shall be replaced with a substitute product, or the original invoice amounts refunded excl. postage & handling costs, as soon as possible. Refunds shall be given within 30 days of receipt of the returned product.
7.6 Enamora shall not assume any liability whatsoever for damage claims or consequential damage in whatever capacity substantiated as a result of the use of its products by consumers or third parties.
Article 8. Orders/communication
8.1 Enamora shall not be liable for misunderstandings, mutilation, delays or improper transmission of orders and messages resulting from the use of the Internet or any other means of Enamora, or between Enamora and third parties, insofar as pertaining to the relation between you and Enamora, unless and insofar as there has been an intentional act/omission or gross negligence on Enamora’s part.
Article 9. Force Majeure
9.1 Without prejudice to its further rights, Enamora shall, in the case of force majeure, be entitled, at its own prerogative, to suspend execution of your order or rescind the agreement without court intervention, by informing you of this in writing and without Enamora being obliged to pay any damages, unless, in the given circumstances, this would be unacceptable according to the principles of reasonableness and fairness.
9.2 Force majeure shall mean any breach which cannot be attributed to Enamora, because it is not at fault, and for which it does not bear responsibility pursuant to law, acts intended to have legal effect or generally accepted standards.
Article 10. Miscellaneous
10.1 If you provide your address to Enamora in writing (digital), Enamora shall be entitled to send all orders to that address, unless you indicate in the written statement another address where your orders should be sent.
10.2 Even if deviations from these conditions have been permitted by Enamora, whether tacitly or not, for a short or long time period, this shall not affect its right to demand immediate and strict compliance with these conditions. You may never assert any right based on the fact that Enamora has applied these conditions in a lenient manner.
10.3 Should one or more of the provisions of these General Terms or any other agreement with Enamora be contrary to any applicable legal requirement, the provision concerned shall cease to have effect and shall be replaced with a new, similar provision permissible at law to be determined by Enamora.
10.4 Enamora shall be entitled to utilize third parties in executing your order(s).
Article 11. Applicable law and competent court
11.1 All rights, obligations, offers, orders and agreements to which these conditions apply, as well as these conditions themselves, shall be governed solely by Aruban law.
11.2 All disputes between the Parties shall exclusively be brought before the competent court in Aruba.
11.3 In case there is a dispute, the General Terms written in the Dutch language will prevail.