ChakaChuka – General Terms and Conditions
- General
- Identity of the company: ChakaChuka, E. Seda Agun-Gammer, Voorstraat 91 2611 JM Delft, Netherlands, E-mail address: info@chakachuka.com
Dutch chamber of commerce number: 71727043
Dutch tax identification number: NL405998302B01
- To place an order with ChakaChuka the buyer must be at least 18 years old.
- By placing an order with ChakaChuka the customer automatically agrees to all of our General Conditions. Unless otherwise agreed in writing terms and conditions of third parties will not be accepted.
- Order and Delivery
- Once an order has been placed, the consumer will directly receive an email to confirm the details of the order and the total costs associated with the order. All orders will be sent within 10 working days after receipt of payment by the consumer.
- The delivery time is indicative and is therefore not guaranteed. ChakaChuka cannot be held responsible if the post is unable to deliver the order to the customer in time.
- We strive to keep our website as current as possible. However, the possibility remains that a certain product is no longer available or out of stock. In such cases we will contact the customer within ten days after having received the order.
- The products have to be delivered to the customer within 30 days of the order placement and payment. If ChakaChuka fails to comply within that time, the customer may immediately terminate the order contract and ChakaChuka will return the paid purchase price. This is not possible, however, if the involved parties have agree to a different delivery term.
- ChakaChuka will keep the customer duly informed of the status of the order.
- The address given by the customer to ChakaChuka will count as place of delivery.
- Pricing
- All prices indicated on ChakaChuka’s webpage are in EUR and include value added tax (VAT).
- Customers can make payments electronically to ChakaChuka in many different ways. The different payment methods are indicated on the website.
- Shipping cost will be charged in addition. Additional charges are clearly displayed where applicable and are included in the total cost.
- Money back guarantee
- The customer has the right to return the delivered products or part of the delivered products within 5 days without giving any reason. This 5 days period starts at the moment the products are delivered.
- The customer must first inform ChakaChuka in writing via e-mail of their intention and follow all further return conditions and instructions of ChakaChuka.
- This guarantee does not comply if the article has been already used.
- Return articles will only be accepted if they are sent in the original, undamaged wrapping and the labels are still attached to the articles.
- Returning the delivered products is fully at the expense and risk of the customer.
- If the return instructions have been followed accurately ChakaChuka will reimburse the customer for the returned articles within thirty days after receiving it.
- The right of withdrawal does not apply for all products that have been made to meet customer’s specifications or which have been given a clear personalized character.
- Queries/ Complaints
- In the case of queries or complaints concerning any of our products or procedures, please inform us by email (info@chakachuka.com). You will receive a reply within three working days.
- Customer privacy
- If you place an order with ChakaChuka, your personal details will be kept in CHAKACHUKA’ customer database. ChakaChuka will not share your personal details with third parties except when the information is required for the delivery of the order
- When executing an order ChakaChuka requires the customers name, invoice and delivery address and payment details so that the order can be processed.
- ChakaChuka respects the privacy of the users of the website and will handle his/her personal details in confidentiality.
- ChakaChuka occasionally uses a mailing list. Every mailing includes instructions to delete yourself from this list.
- Records of website visits are kept for statistical purposes. Information concerning the amount of visitors frequency on our website will be used for internal research and website improvement. However this general information is anonymous and cannot be traced back to the individual visitor.
- Guarantee
- ChakaChuka guarantees that the delivered products are in correspondence with the requirements of function, reliability as agreed upon by both parties in the purchase agreement.
- The customer is obliged to check the products immediately after they have been delivered. If the delivered products appear to be incorrect, faulty or incomplete, the customer must report these defects to ChakaChuka in writing immediately (see item 4. Money back guarantee)
- The content of the website has been compiled with the greatest care. However, ChakaChuka cannot preclude the possibility of any error or incompletes in the information on this website. ChakaChuka cannot assume any liability for the consequences of incorrect or incomplete information on the website.
- ChakaChuka cannot be held responsible for any typing or misprinting errors that could communicate an incorrect selling price. In that case ChakaChuka will adjust the price as soon as possible.
- The actual color of the products can differ from the colors shown on the computer screens. ChakaChuka cannot be held responsible for variations in colors as a consequence of the quality of the computer screens.
- Special Offers
- The special offers are optional, unless otherwise mentioned in the offer.
- At acceptance of a special offer by a buyer, ChakaChuka reserves the right to withdraw or amend the offer within 3 working days after receiving the acceptance of the offer.
- Verbal agreements are only valid after these have been confirmed in writing.
- ChakaChuka cannot be obliged to offer a special offer, if a customer should have been able to understand that the special offer, or part of the offer, contained an obvious mistake or typographical error.
- Complements, modifications and/or further agreements are only valid, if agreed upon in writing.
- Copyright
- All information (photos, images, text) on ChakaChuka’s websites is protected by copyright.
- It is illegal to copy, use or distribute any information from ChakaChuka’s website without first acquiring written permission.
- All images; photos, drawings etc.; for example, details about weights, measurements, colors, images or labels, etc. on ChakaChuka website are an indication and cannot be a reason to claim compensation or cancel the agreement.
- Force majeure
- ChakaChuka cannot be held accountable for delays or cancellations of orders due to circumstances beyond ChakaChuka‘s control (e.g. non fulfilment of obligations by suppliers, strikes, government regulations, delays in supply, illness of employees, and shortcomings in means of transport) .
- ChakaChuka is entitled, at its own choice, in case of Force Majeure, to cancel your order, or cancel the purchase agreement without legal intervention, by informing the customer in writing. Client is not entitled to any damages, unless given the circumstances this would be unacceptable according to measures of reason and fairness.
- In case ChakaChuka cannot meet its obligations, or can only partially meet its obligations due to force majeure, ChakaChuka must invoice the available part of the order separately and the customer is obliged to pay the invoice as if it were a separate contract. This does not apply if the available part of the order does not have any independent value.
- In no case will ChakaChuka be obliged to pay a fine or compensation.
- Transfer of ownership
- Ownership of our articles will not be transferred until the associated obligations of purchaser have been fulfilled. At the point of transfer of ownership – which is at the point of delivery of the articles – product liability is transferred to the purchaser.
- Governing law and jurisdiction
- These terms and conditions are subject and in accordance with the laws of the Netherlands.
- Any dispute or claim arising from an agreement between ChakaChuka and a buyer, which cannot be solved in mutual agreement, shall be subject to the exclusive jurisdiction of the Dutch courts.
- In the case of translation or explanation of the contents of ChakaChuka’s website, the Dutch version of the text in this website and these General Terms and Conditions will remain determinate.