General Terms and Conditions
Article 1. Definitions
1. Space Express is a company that focuses on selling research chemicals to companies and consumers.
2. In these General Terms and Conditions, ‘Customer’ means: the natural person or legal entity that uses the Services of Space Express and instructs Space Express to provide Services as intended in Clause 4.
3. In these General Terms and Conditions, ‘Agreement’ means: the legal relationship between Space Express and the Customer, in the broadest sense.
4. In these General Terms and Conditions, ‘Services’ means: all products and services delivered to the Customer by Space Express and/or by third parties engaged by it, including, among other things, the sale of research chemicals, as well as all other activities carried out by Space Express for the Customer, of any nature whatsoever, carried out in the context of an assignment, including activities that are not performed at the express request of the Customer.
5. In these General Terms and Conditions, ‘Website’ means: the Website www.Space-Express.nl.
Article 2. Applicability of the General Terms and Conditions
1. The General Terms and Conditions apply to all Agreements concluded between the Customer and Space Express in which Space Express offers services or delivers products.
2. Deviations from the General Terms and Conditions are only valid if expressly and in writing agreed upon with Space Express.
3. The applicability of the Customer’s purchasing or other terms and conditions is explicitly rejected, unless expressly and in writing agreed upon otherwise.
4. The General Terms and Conditions also apply to additional or amended orders from the Customer.
5. Space Express reserves the right at all times to amend the General Terms and Conditions and to publish the new General Terms and Conditions immediately on the Website.
Article 3. The Agreement
1. All offers on the Website are entirely non-binding unless expressly stated otherwise.
2. The Customer can place orders on the Website. The Agreement is concluded by placing an order. The products are for the Dutch market, so:
– Products may not be transported abroad
– Products may not be shipped abroad.
3. If Space Express sends a confirmation of the order to the Customer, it is decisive for the content and interpretation of the Agreement, subject to obvious typographical errors. Space Express cannot be held to its offer if the Customer can reasonably understand that the offer, or any part thereof, contains an obvious mistake or clerical error.
4. An order by the Customer without a prior written quotation requires written acceptance by Space Express.
Article 4. Execution of the Agreement
1. Space Express will make every effort to execute the Services to the best of its insight and ability and in accordance with the requirements of good professional practice, as well as as much as possible in accordance with the agreements laid down in writing.
2. Space Express has the right to have certain work carried out by third parties.
3. When engaging third parties, Space Express will exercise due care and, as far as is reasonably possible and customary in relation to the Customer, consult with the Customer in the selection of these third parties. The costs of engaging these third parties are borne by the Customer and will be invoiced to the Customer by Space Express.
4. The Customer shall ensure that all data that Space Express indicates as necessary or that the Customer reasonably should understand are necessary for the execution of the Agreement are provided to Space Express in a timely manner. If the data necessary for the execution of the Agreement are not provided to Space Express in a timely manner, Space Express has the right to suspend the execution of the Agreement and/or to charge the Customer the additional costs resulting from the delay in accordance with the then applicable rates.
5. The Customer shall ensure that Space Express can carry out its Services in a timely and proper manner. If the Customer fails to fulfill its obligations in this regard, the Customer is obliged to compensate for the resulting damage.
6. If a term has been agreed upon or indicated for the execution of the Services, this is never a fatal term. In the event of exceeding a term, the Customer must give written notice of default to Space Express. A reasonable period must be provided to Space Express to still fulfill the Agreement.
7. Space Express reserves the right to refuse an order. This can occur, among other reasons, if there are problems with payment, delivery, or stock. This also applies if the Customer has not reached the minimum age of 21.
Article 5. Amendment of the Agreement
1. If it appears during the execution of the Agreement that it is necessary to change or supplement it for proper execution, Space Express and the Customer will make timely adjustments to the Agreement through mutual consultation.
2. Failure or delay in the implementation of the amended Agreement does not constitute a breach of contract by Space Express and is not a ground for the Customer to terminate or dissolve the Agreement.
3. Changes to the originally concluded Agreement between Space Express and the Customer are only valid from the moment these changes are accepted by both parties through an additional or modified Agreement. This change will be made in writing.
**Article 6. Suspension, Termination, and Interim Termination of the Agreement**
1. Space Express is authorized to suspend the fulfillment of obligations or to terminate the Agreement if the Customer fails, incompletely or untimely, to fulfill the obligations under the Agreement, or if Space Express has good reason to fear that the Customer will fail to meet these obligations.
2. Furthermore, Space Express is authorized to terminate the Agreement if circumstances arise that are of such a nature that the fulfillment of the Agreement is impossible or the unaltered continuation of the Agreement cannot reasonably be demanded.
3. If the Customer does not meet its
obligations arising from the Agreement and this non-fulfillment justifies termination, Space Express is entitled to immediately and with immediate effect terminate the Agreement without any obligation on its part to pay any damages or compensation, while the Customer, due to default, is obliged to pay damages or compensation.
Article 7. Cancellation
1. Cancellation of the Agreement after signing the quotation or placing the order is possible. However, it may happen that an order cannot be canceled because we send our orders multiple times a day. In that case, an unopened order can be returned.
2. Cancellation is no longer possible if fourteen (14) days have passed after the order.
Article 8. Costs, Fees, and Payment
1. All amounts mentioned in the quotation are in euros and inclusive of VAT unless stated otherwise.
2. The amounts in the Webshop include VAT and exclude shipping costs unless stated otherwise.
3. Space Express has the right to correct obvious clerical errors in the price quotation.
4. Payment is made via iDEAL, bank transfer, business Tikkie, or Credit card when placing the order in the webshop.
5. The Customer is obliged to immediately notify Space Express of any inaccuracies in the stated or provided payment details.
6. If the Customer defaults in the timely payment of an invoice, the Customer is in default by operation of law, without further notice of default being required. The Customer is then liable for statutory interest. The interest on the amount due will be calculated from the moment the Customer is in default until the full amount due is paid.
7. If Space Express decides to collect a claim for non-payment of one or more unpaid invoices through legal means, the Customer, in addition to the principal amount due and the interest, is also obliged to reimburse all reasonable legal and extrajudicial costs incurred. The reimbursement of legal and extrajudicial costs will be determined in accordance with the then applicable Decree on compensation for extrajudicial collection costs.
Article 9. Shipping and Delivery
1. Unless otherwise agreed in writing, shipment takes place from and within the Netherlands. For shipment, a minimum order value of fourteen (14) euros applies.
2. If an order is lost or received damaged, an appropriate solution will be sought through mutual agreement. If parcel post is chosen and after investigation it appears that the order has not been delivered, Space Express is responsible. If letterbox mail is chosen, the risk is on the customer; Space Express is not responsible for lost mail.
3. Space Express determines the method of transport and packaging. Space Express may choose to deliver the Products personally or via PostNL or another postal service.
4. Shipping costs are borne by the Customer.
The prices stated on the website are exclusive of shipping costs. The shipping costs are:
– €2.90 for orders within the Netherlands that fit through the letterbox without Track&Trace
– €4.50 for orders within the Netherlands that fit through the letterbox with Track&Trace
– €7.00 for orders within Belgium that fit through the letterbox with Track&Trace
– Free for orders from €100,-
5. Space Express’s delivery time depends on the order and is 1-2 business days. If letterbox mail is chosen, delivery does not take place on Sunday and Monday. The delivery time cannot be considered a fatal term. Orders outside the Netherlands take 3-5 working days. If letterbox mail is chosen, delivery does not take place on Sunday and Monday. We do our best to deliver the order as soon as possible. Orders placed on weekdays before 4:00 PM, we try to ship the same day. However, due to the high number of orders, your package may be delayed. We have a policy that ensures your package is delivered within 7 working days. If this is not the case, please contact us to find a suitable solution.
6. In case of delay in delivery, the Customer will be notified within fourteen (14) days.
Article 10. Returns
1. If the Customer is a consumer, Products can be returned within fourteen (14) days of receipt, without giving any reason. The entire amount paid by the Customer will be refunded within fourteen (14) days after receipt of the Product.
2. After this period, free returns are possible if the Customer can prove that damage occurred upon receipt of the order that was not caused by the Customer.
3. During this fourteen (14) day period, the Customer is obliged to handle the received product carefully. If the Customer decides to return the Products, the sealing or packaging must be unopened for your own safety.
4. The Customer can return the Product via a self-chosen postal company. The costs of returning are borne by the Customer.
5. The Customer is obliged to keep proof of shipment and show it if requested by Space Express.
Article 11. Liability
1. The Customer is responsible for providing correct and representative data and information necessary for the execution of the Agreement. Space Express is not liable for damages, based on, among others, an incorrect order if the Customer has provided incorrect, non-representative, or irrelevant data.
2. The delivery time as mentioned in Article 9, paragraph 4, can only be approximate. Although every effort will be made to comply with the delivery time, Space Express is never liable for the consequences of exceeding the mentioned term.
3. Space Express is not liable for errors or omissions of third parties engaged by it. By using the Services of Space Express, the Customer grants Space Express the authority to accept liability limitations on behalf of the Customer if a third party engaged by Space Express wishes to limit its liability.
4. Space Express is not liable for indirect damages, including but not limited to consequential damages.
5. Space Express is not liable for any typographical errors on the Website.
6. Space Express is not liable for failure or untimely fulfillment of obligations arising from the Agreement if this is caused by force majeure as referred to in Article 12.
7. The Customer indemnifies Space Express against claims from third parties of any kind whatsoever related to the Services or products sold.
8. Space Express products are explicitly not intended for consumption or use in any way other than for research purposes. The products must never be used in combination with alcohol, drugs, or other narcotics. Space Express is not liable if the Customer uses the products in a manner other than intended, resulting in damage.
9. If Space Express is held liable, it will only be liable for direct damages actually incurred, paid, or suffered by the Customer due to a demonstrable failure to meet Space Express’s obligations regarding its Services.
10. Space Express’s liability is limited to the amount covered and paid out by the insurer. If the insurer does not make a payment or if Space Express is not insured, liability is limited to the amount paid by the Customer.
11. The limitation of liability described in this article does not apply in case of intent or conscious recklessness on the part of Space Express.
12. This provision does not exclude liability insofar as liability cannot be limited or excluded by law.
Article 12. Force Majeure
1. Force majeure means all external causes, beyond the control or influence of Space Express, which make timely, complete, or correct fulfillment of the Agreement no longer possible.
2. Force majeure as referred to in the preceding paragraph also includes, but is not limited to: non-performance by a third party, illness of Space Express’s own or third-party personnel, abnormal weather conditions, disruptions in water and energy supplies, strikes, severe disruptions in Space Express’s systems, fire, floods, natural disasters, riots, pandemics, war, or other domestic unrest.
3. In case of force majeure, the fulfillment of the Agreement is suspended as long as the force majeure continues.
4. If force majeure lasts longer than one month, both parties are entitled to terminate the Agreement without the intervention of a court. In such a case, Space Express will refund any amounts paid, minus all costs incurred by Space Express regarding the Agreement.
Article 13. Complaints
1. The Customer is obliged to inspect or have the delivered Product inspected at the time of delivery or as soon as possible thereafter. The Customer must examine whether the quality and quantity of the delivered Product correspond to what was agreed upon in the Agreement.
2. Errors or inaccuracies that can be noticed upon initial inspection, taking into account the requirements of reasonableness and fairness, must be reported to Space Express in writing within fourteen (14) working days after receiving the Services, with submission of the purchase receipt, unless this is impossible or unreasonably burdensome.
3. Other complaints, including those that could not be noticed during an initial inspection, must be reported in writing to Space Express no later than within one (1) month according to the provisions in Clause 2.
Article 14. Confidentiality of Data
1. Each party guarantees that all data received from the other party, known or should be known to be of a confidential nature, remain confidential. The party receiving confidential data will only use them for the purpose for which they were provided. Data are considered confidential if either party has designated them as such. Space Express cannot be held to this if the disclosure of data to a third party is necessary pursuant to a court order, a legal provision, or for the correct execution of the agreement.
Article 15. Intellectual Property
1. Space Express reserves the rights and powers granted to it under the Copyright Act. This includes, among other things, the brand name, the logo, the concept, and the design of Space Express. All images and other graphics used on the Website belong to the intellectual property of Space Express.
2. The Customer guarantees that no rights of third parties oppose the provision of data to Space Express. The Customer will indemnify Space Express against any action based on the claim that such provision, use, editing, installation, or incorporation infringes any rights of third parties.
3. Space Express refers to the Disclaimer as stated on the Website.
Article 16. Complaints Procedure
1. If the Customer has a complaint, the Customer must send this in writing to info@Space-Express.nl or report it via WhatsApp using the current phone number found on the website.
Article 17. Applicable Law and Jurisdiction
1. Dutch law applies to the legal relationship between Space Express and its Customer.
2. All disputes that may arise between Space Express and the Customer will be settled by the competent court of the District of North Holland, sitting in Amsterdam.
