Article 1: Definitions

  • iGalaxy: Identified as the seller, iGalaxy operates from Amsterdam and is registered under number 85474134 at the Chamber of Commerce.
  • Applicability: These terms equally apply to Refreshed Apples B.V., highlighting a seamless alignment in service standards.
  • Buyer: Entities engaging with iGalaxy are recognized as buyers, establishing a clear relationship dynamic.
  • Parties: The term encapsulates both seller and buyer, simplifying contract references.
  • Agreement: Defined as the sales contract established between iGalaxy and the buyer, this term sets the foundation for transactional clarity.

Article 2: Applicability

  • These conditions govern all interactions, including offers, quotes, deliveries, services, and contracts with iGalaxy, ensuring a comprehensive coverage.
  • Any deviations from these terms require explicit, written consensus, maintaining contractual integrity.

Article 3: Payment

  • Payments for purchases are processed immediately via the webshop, with reservations potentially requiring a deposit, facilitating smooth transactions.
  • Late payments result in default, emphasizing the importance of timely financial adherence.
  • Collection costs for overdue payments are borne by the buyer, underscoring the consequences of delayed settlements.
  • In instances of bankruptcy or financial instability of the buyer, iGalaxy's claims become immediately enforceable, securing iGalaxy's financial interests.
  • Non-cooperation from the buyer does not exempt them from payment obligations, ensuring accountability.

Article 4: Offers, Quotes, and Prices

  • Offers from iGalaxy are non-binding unless a specific acceptance period is defined, providing flexibility.
  • Delivery times are indicative, preserving the right to adjustments without liability for delays, unless explicitly agreed upon.
  • Offers and quotes do not automatically apply to future orders, requiring new agreements for subsequent transactions, ensuring clarity for repeat business.
  • Prices include VAT and government levies, offering transparency on total costs.

Article 5: Right of Withdrawal

  • Consumers can dissolve the contract within 28 days of receipt without stating reasons, enhancing buyer confidence.
  • The product must be returned within 14 days after invoking the right of withdrawal, with iGalaxy refunding the full purchase amount and standard shipping costs within 14 days of return receipt.
  • Custom-made products or those susceptible to rapid deterioration are exempt from withdrawal, specifying limitations.
  • Consumers are expected to handle products and packaging carefully during the withdrawal period, with potential deductions for damage upon return, safeguarding product integrity.

Article 6: Modification of the Agreement

  • Adjustments or additions to the agreement will be made through mutual consent if necessary for proper execution, ensuring adaptability.
  • Changes may affect the completion timeline, with iGalaxy committed to informing the buyer promptly, maintaining open communication.
  • Financial or qualitative impacts of modifications will be disclosed in advance, ensuring transparency.
  • Adjustments leading to price changes will be specified, with iGalaxy indicating the extent of any price increase, ensuring financial clarity.
  • iGalaxy cannot charge additional costs for changes if the necessity for such changes is attributable to iGalaxy, emphasizing fairness.

Article 7: Delivery and Transfer of Risk

  • The risk of goods transfers to the buyer upon receipt, defining the point of accountability.
  • Delivery terms indicate that shipping costs are the buyer's responsibility, clarifying expense obligations.
  • The buyer's obligation to accept goods at the time of availability reinforces the commitment to complete transactions.

Article 8: Inspection, Complaints

  • Immediate inspection of goods upon delivery is mandated for the buyer, with a requirement to report any defects within a specified timeframe, ensuring quality assurance.
  • iGalaxy offers remedies for valid complaints within the bounds of repair, replacement, or partial contract dissolution, underscoring commitment to satisfaction.
  • Processed or forwarded goods are exempt from complaint acceptance, delineating the scope of liability.

Article 9: Samples and Models

  • Samples or models serve as indicative references unless explicitly agreed upon as the delivery standard, clarifying expectations.
  • This approach underscores the importance of explicit agreements in ensuring product satisfaction.

Article 10: Prices

  • Displayed prices include crossed-out original recommendations alongside iGalaxy's prices, enhancing transparency around savings.
  • This practice not only fosters trust but also highlights the value proposition offered by iGalaxy.

Article 11: Delivery

  • Delivery occurs 'ex factory/shop/warehouse', assigning shipping cost responsibility to the buyer, and stipulating logistical terms.
  • Buyer's duty to accept goods upon availability emphasizes the importance of readiness and cooperation in the delivery process.
  • In cases of non-compliance with acceptance obligations, iGalaxy has the right to store products at the buyer's expense and risk, ensuring protection for iGalaxy's interests.

Article 12: Force Majeure

  • iGalaxy is not obligated to fulfill any commitments to the buyer if hindered by circumstances beyond its control, not due to its fault, and not considered its responsibility under law, legal action, or generally accepted practices.
  • Force majeure includes external causes, foreseen or unforeseen, that iGalaxy cannot influence, preventing iGalaxy from meeting its obligations. This includes strikes in the company or among third parties.
  • iGalaxy may suspend obligations under the contract during force majeure. If this period extends beyond two months, either party may dissolve the contract without any obligation to compensate for damages.
  • If iGalaxy has partially met its obligations at the onset of force majeure or can partially meet them, it is entitled to invoice separately for the delivered or deliverable part as if it were a standalone contract.

Article 13: Transfer of Rights

  • Parties' rights under this agreement cannot be transferred to third parties without prior written consent from the other party, which will not be unreasonably withheld. This clause is intended as a stipulation with property law effects.

Article 14: Retention of Title

  • Goods delivered by iGalaxy remain iGalaxy's property until the buyer fulfills all obligations from the purchase agreements properly.
  • Goods under retention of title may not be resold or used as payment, and the buyer is not authorized to pledge or encumber them in any way.
  • The buyer must do everything reasonably expected to safeguard iGalaxy's property rights.
  • If third parties seize goods delivered under retention of title or wish to establish or assert rights on them, the buyer must notify iGalaxy immediately.

Article 15: Liability

  • iGalaxy's liability for defective goods is limited to the arrangements specified in the "Warranties" section.
  • Liability is restricted to replacing the product, repairing, or refunding the purchase price if the product's manufacturer is responsible for the damage.
  • iGalaxy is not liable for damages caused by intentional or gross negligence from third parties.
  • iGalaxy is not responsible for any damage suffered by the buyer due to the inability to use the purchased product immediately.

Article 16: Complaints Procedure

  • iGalaxy has a well-publicized complaints procedure and handles complaints according to this procedure.
  • Complaints about the performance of the contract must be described fully and clearly within 2 months after the consumer has noticed the defects.
  • iGalaxy will respond to complaints submitted within 14 days of receipt. If a complaint requires a foreseeably longer processing time, iGalaxy will respond within 14 days with an acknowledgment of receipt and an estimate of when the consumer can expect a more detailed answer.
  • If a complaint cannot be resolved mutually, it becomes a dispute eligible for the dispute resolution process.
  • In case of disputes, consumers should first contact iGalaxy. If the complaint cannot be resolved mutually, consumers may approach Stichting WebwinkelKeur for mediation. If still unresolved, the dispute may be submitted to an independent disputes committee appointed by Stichting WebwinkelKeur.

Article 17: Warranties

  • If warranties are included in the contract, they ensure the product conforms to the contract, functions without defects, and is suitable for the intended use by the buyer for a period of 24 months after purchase.
  • The warranty aims to distribute risks between the seller and buyer so that consequences of a breach of warranty are always the seller's responsibility, and the seller cannot invoke non-liability for known or unknown defects.
  • The warranty does not apply if defects arise due to improper use or if unauthorized changes have been made by the buyer or third parties.
  • If the warranty relates to a product made by a third party, the warranty is limited to the warranty provided by the manufacturer.

Article 18: Intellectual Property

  • iGalaxy and Refreshed Apples B.V. do not claim ownership, shareholding, or authorized resale status of Samsung Group products. All rights related to Samsung Group remain intact and are not infringed or misused by iGalaxy or its customers.
  • Customers may not copy, display, make available to third parties, or otherwise use intellectual properties related to iGalaxy without prior written permission.

Article 19: Amendment of Terms and Conditions

  • iGalaxy reserves the right to amend or supplement these terms and conditions.
  • Changes of minor importance can always be made.
  • iGalaxy aims to discuss significant material changes with customers in advance.
  • Consumers have the right to terminate the contract in the event of substantial changes to the terms and conditions.

Article 20: Applicable Law and Competent Court

  • All agreements between iGalaxy and the buyer are governed by Dutch law.
  • The Dutch court in the district where iGalaxy is located has exclusive jurisdiction over disputes, unless mandated otherwise by law.
  • The Vienna Sales Convention does not apply.
  • If a provision in these terms and conditions is considered unreasonably onerous by a court, the remaining provisions remain fully in effect.

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