Terms & Conditions

Introduction

These are our General Terms and Conditions. These General Terms and Conditions always apply when you use our Website or place an order through our Website, and they contain important information for you as a buyer. Please read them carefully. We also recommend that you save or print these General Terms and Conditions so that you can consult them at a later time.

• Definitions
  • The Struggling Scientists: based in Diemen and registered with the Chamber of Commerce under file number 85098825, trading as The Struggling Scientists.
  • Website: the Website of The Struggling Scientists, to be found on thestrugglingscientists.com and all of its subdomains.
  • Customer: the natural person or corporation who enters into an agreement with The Struggling Scientists and/or is registered on the Website.
  • Agreement: any arrangement or agreement between The Struggling Scientists and Customer of which the General Terms and Conditions are an integral part.
  • General Terms and Conditions: these General Terms and Conditions.
• Applicability of the General Terms and Conditions
  • The General Terms and Conditions apply to all offers, agreements and deliveries of The Struggling Scientists, unless explicitly agreed otherwise in writing.
  • If the Customer in his order, confirmation or any other communication alleging acceptance of the General Terms and Provisions includes any provisions that differ from, or are not included in the General Terms and Conditions, such provisions will only be binding upon The Struggling Scientists if and in so far as The Struggling Scientists has accepted them in writing.
  • In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the Customer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.
• Prices and information
  • All prices posted on the Website and in other materials originating from The Struggling Scientists include taxes and other levies imposed by the government, unless stated otherwise on the website.
  • If shipping costs are charged, these will be clearly stated in good time before the contract is concluded. These costs will also be displayed separately in the ordering process.
  • The content of the Website is composed with the greatest care. The Struggling Scientists cannot, however, guarantee that all information on the Website is correct and complete at all times. All prices and other information posted on the Website and in other materials originating from The Struggling Scientists is subject to obvious programming and typing errors.
  • The Struggling Scientists cannot be held responsible for deviations in colour that result from the quality of the colours displayed on the screen.
• Conclusion of the Agreement
  • The Agreement will be deemed to be concluded at the moment the Customer accepts the offer of The Struggling Scientists subject to the conditions laid down by The Struggling Scientists.
  • If the Customer has accepted the offer by electronic means, The Struggling Scientists will confirm receipt of acceptance of the offer by electronic means without delay. Until such receipt of acceptance is confirmed, the Customer will have the possibility to terminate the Agreement.
  • If it is found that, in accepting or otherwise entering into the Agreement, the Customer has provided incorrect data, The Struggling Scientists will have the right to postpone the Agreement until the correct data is received.
• Registration
  • To make optimal use of the Website, Customers can register using the registration form/the account sign-in option on the Website.
  • During the registration process, the Customer will be asked to choose a user name and password with which he can log on to the Website. The Customer alone is responsible for choosing a sufficiently reliable password.
  • Customers must keep their login credentials, user name and password strictly confidential. The Struggling Scientists cannot be held liable for any misuse of the login credentials and is always entitled to assume that the Customer who logs on to the Website is the party that it professes to be. The Customer is responsible for and bears the full risk of any and all actions and transactions performed via the Customer’s account.
  • If the Customer knows or has reason to suspect that its login details have become available to unauthorized parties, it will be required to change its password as soon as possible and/or to notify The Struggling Scientists accordingly so as to allow The Struggling Scientists to take appropriate measures.
• Execution of the Agreement
  • As soon as The Struggling Scientists has received the order, it will send the products to the Customer without delay and with due regard for the provisions of paragraph 3 of this article.
  • The Struggling Scientists is authorised to engage third parties in the fulfilment of its obligations under the Agreement.
  • In principle, the delivery term is between 5 and 30 business days. Delivery may be effected in various ways, at the discretion of The Struggling Scientists.
  • If The Struggling Scientists is unable to deliver the products within the agreed term, it will notify the Customer accordingly. In that case the Customer can decide either to agree to a new delivery date or to terminate the Agreement without incurring any costs.
  • The Struggling Scientists advises Customers to inspect the products upon delivery and to report any defects within an appropriate period, preferably in writing or by email. For further details, see the article about guarantee and conformity.
  • The risks associated with the products will transfer to the Customer as soon as the products are delivered at the agreed delivery address.
  • If the ordered product can no longer be supplied, The Struggling Scientists is entitled to deliver a product which is comparable in nature and quality to the ordered product. In that case, the Customer will have the right to terminate the Agreement without incurring any costs and to return the product free of charge.
• Right of withdrawal/return
  • This article only applies if the Customer is a natural person who is not acting in his or her professional or commercial capacity. Business Customers therefore have no right of withdrawal.
  • The customer will have the right to dissolve the distance Agreement with The Struggling Scientists within 14 days after receiving the product, free of charge and without stating reasons. Please check out our Returns and Refund policy for more information 
• Payment
  • The customer shall pay the amounts due to The Struggling Scientists in accordance with the ordering procedure and any payment methods indicated on the Website. The Struggling Scientists is free to offer any payment method of its choice and may change these methods at any time. In cases of payment after delivery Customer will be given a term of payment of 14 days entering on the day after delivery.
  • If the Customer does not complete his payment obligation, he will be indebted the legal interest over the belated payment. The Struggling Scientists needs to remind Customer of the belated payment and The Struggling Scientists has to give Customer a term of 14 days to complete the payment obligation. After failing this 14 days term The Struggling Scientists is allowed to recover any extrajudicial debt collection costs on the Customer. These debt collection costs are not higher than: 15% of the open payment with a maximum of € 2.500,-; 10% of the next € 2.500,- and 5% over the next € 5.000,- with a minimum of € 40,-. The Struggling Scientists is allowed to deviate from the named amounts and percentages in the advantages of the Customer.
• Warranty and conformity
  • This article only applies if the Customer is a natural person who is not acting in his or her professional or commercial capacity. If The Struggling Scientists gives a separate warranty on the products then, without prejudice to the aforesaid, this applies to all types of Customers.
  • The Struggling Scientists guarantees that the products are in conformity with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and with the existing statutory provisions and/or government regulations that are in force from the date of entering into the Agreement. If specifically agreed, The Struggling Scientists also guarantees that the product is suitable for other than normal use.
  • If the delivered product is not in conformity with the Agreement, the Customer must inform The Struggling Scientists within a reasonable period of time after he has discovered the defect.
  • If The Struggling Scientists deems the complaint to be correct, the faulty product(s) will be repaired, replaced or refunded in consultation with the Customer. The maximum amount of compensation is, having regard to the Article on liability, equal to the price paid by the Customer for the product.
• Complaints handling procedure
  • If the Customer has any grievances in connection with a product (in accordance with the article on warranties and conformity) and/or about other aspects of The Struggling Scientists’s service, they can submit a complaint by telephone, by email or by post. See the contact details at the bottom of the General Terms and Conditions.
  • The Struggling Scientists will respond to the complaint as soon as possible, and in any case within 2 days after having received it. If it is not yet possible for The Struggling Scientists to formulate a substantive reaction to the complaint by that time, The Struggling Scientists will confirm receipt of the complaint within 2 days after having received it and give an indication of the term within which it expects to be able to give a substantive or definitive reaction to Customer’s complaint.
  • If the Customer is a natural person who is not acting in his or her professional or commercial capacity, they can file a complaint through the European Online Dispute Resolution platform, available at: http://ec.europa.eu/odr/.
• Personal details
  • The Struggling Scientists will process the Customer’s personal details in accordance with the privacy statement, which can be found at Privacy Policy
• Final provisions
  • This agreement is governed by the laws of the country of establishment of the webshop.
  • Insofar as not dictated otherwise by mandatory law, any disputes ensuing from the Agreement will be submitted to the competent Dutch court in the district where The Struggling Scientists has its registered office.
  • If any provision set out in these General Terms and Conditions should prove to be void, this will not affect the validity of the General Terms and Conditions as a whole. In that case, the Parties will lay down one or more new provisions in replacement which will reflect the original provision as much as is possible under the law.
  • The term ‘written’ in these General Terms and Conditions also refers to communication by email and fax, provided that the sender’s identity and the integrity of the email message have been sufficiently established.

Contact details

Should you have any questions, complaints or comments after reading these General Terms and Conditions, please contact us by email or letter.

The Struggling Scientists
Email: thestrugglingscientists@hotmail.com

Chamber of Commerce: 85098825
VAT: NL863508091B01