General Terms and Conditions

General terms and conditions of Cosmic Dragon Club

  • Article 1 Agreements
    These general conditions apply to all agreements with Cosmic Dragon Club concerning the sale, delivery and payment of Cosmic Feng Shui articles, books, services and courses. A copy of these terms and conditions can be requested by telephone from Cosmic Dragon Club at any time. Cosmic Dragon Club reserves the right to change these terms and conditions.
  • Article 2 Quotations
    All quotations prepared by Cosmic Dragon Club are without obligation, non-binding and while supplies last, unless otherwise stated in the quotation. Price indications on the internet site of Cosmic Dragon Club, any leaflets and advertisements are no offer.
  • Article 3 Orders
    Agreements with Cosmic Dragon Club only come about when Cosmic Dragon Club has confirmed/accepted an order. Cosmic Dragon Club has the right, without giving reasons, not to accept orders or commissions or to accept them only under the conditions that the shipment is made cash on delivery, or after advance payment by the purchaser who is informed thereof.
  • Article 4 Illustrations
    All data and information regarding drawings, images, weights, dimensions and colors, information or other data on the Internet site of Cosmic Dragon Club and on its price lists, leaflets, brochures and advertisements are compiled with the utmost care. However, no rights can be derived from it.
  • Article 5 Payments
     Cosmic Dragon Club items are delivered at the prevailing prices on the day of shipment from Cosmic Dragon Club ‘s warehouse in Bussum. Prices are in euros, including VAT for the Netherlands, excluding shipping costs unless otherwise stated. Except in the case of cash sales or cash on delivery, payment for the items and/or services delivered by Cosmic Dragon Club must be made within 10 days of the invoice date, unless otherwise agreed in writing.
    After the expiration of 30 days from the invoice date, the customer who defaults on payment and is legally in default owes interest on the outstanding amount at the rate of 1.5% per month, with part of the month counting as a whole month, without notice of default being required. Furthermore Cosmic Dragon Club is entitled to increase the amount due by the customer with (extra) judicial collection costs, such as those incurred by lawyers, bailiffs, internal costs etc. If these costs are not paid on time, they will, in anticipation of the determination of the actual costs, provisionally be set at an amount of 15% of the unpaid invoice amount, with a minimum of € 25.00 and a maximum of € 250.00.
    Late payment gives Cosmic Dragon Club the right to suspend or dissolve its performance and/or other agreements with the customer without the customer being entitled to compensation in any way. Cosmic Dragon Club is at all times entitled, in any way, to demand that the customer provides sufficient security for the payment of the services to be provided by Cosmic Dragon Club .
    The customer is not allowed to apply set-off of invoices without permission of Cosmic Dragon Club . Complaints and/or warranty agreements accepted by Cosmic Dragon Club do not entitle the purchaser to defer payment or partial payment.Article 5.1 Payment methods
    Payment is made through our payment provider Rabobank Omni-kassa. This allows you to make your payment through the various payment methods in a secure environment. You can pay through your own bank using iDeal, Mastercard, Visa or Meastro.
  • Article 6 Shipment(s) and delivery(s)
    The goods ordered, if in stock, will be delivered within 3 to a maximum of 14 set working days and will be shipped from the Cosmic Dragon Club Webshop in Bussum via the Post.nl services. All orders are handled with caution. You can also choose gift wrapping if you want to surprise someone. In this case, the order is paid for by you but delivered to the recipient. Under normal circumstances, orders are shipped within 3 days of receiving your payment. Should there be multiple orders for one particular product resulting in that item being out of stock at that time, Cosmic Dragon Club will unfortunately be forced to make deliveries in parts.
  • Article 7 Retention of title
    Cosmic Dragon Club retains the right of ownership on all items delivered or to be delivered by it until the time of full payment. This also applies to the claims of Cosmic Dragon Club on the customer that relate to work performed or to be performed by Cosmic Dragon Club and/or services, related to goods already delivered. When the customer fails to comply with the conditions in a closed agreement, Cosmic Dragon Club reserves the right to payment by the customer of costs incurred or to be incurred, such as collection costs, interest and any penalties.
  • Article 8 Delivery times
    Indications of delivery times are approximate unless otherwise agreed.
    Cosmic Dragon Club cannot be held responsible for delays in mail and/or package delivery. If a delivery date is missed, the customer will not be entitled to any compensation, or to cancel the contract or any other action. This is excepted in the case of intentional / gross negligence of Cosmic Dragon Club or its management staff and in the case where the delivery date is exceeded by more than three months. In the latter case, the buyer has the right to terminate the agreement. Management reserves the right, by mutual agreement, to either refund the amount or send a replacement product in the value of the product(s) ordered.
  • Article 9 Complaints
    Complaints about faulty or incomplete delivery must be made by the purchaser within 8 days after receipt of the articles in writing, and with a clear description of the reasons, to Cosmic Dragon Club. After the expiry of this period, Cosmic Dragon Club is deemed to have fulfilled its obligations correctly and assumes that the customer has accepted the goods and/or services and invoices as correct. Claims never give the Customer the right to suspend its payments.
    If a claim is found to be justified by Cosmic Dragon Club , Cosmic Dragon Club can proceed as follows:

revise the invoice and change the invoice amount accordingly;

replace the delivered item with an item with the same specifications or repair it and return the replaced items or parts to Cosmic Dragon Club ;

to take back the delivered item and to dissolve the agreement, refunding the invoice amount paid by the customer, without being obliged to pay any form of compensation. In all cases, the customer must give Cosmic Dragon Club three opportunities to repair any defects.

  • Article 10 Warranty and Trademark
    Cosmic Dragon Club maintains a so-called “carry-in” warranty of 1 month with respect to the items it delivers. Items are always tested extensively first and in case of a misdiagnosis (defect), most items are exchanged for the same item, provided it is still available and in stock.

For individuals and companies, an exchange period of up to one (1) month from the invoice date applies, only upon presentation of invoice / receipt.

If items are not (or no longer) in stock or do not fall under this regulation, they will go to our supplier for repair, where Cosmic Dragon Club has become dependent on the repair time of that supplier.

For resellers, a warranty period of one (1) month shall also apply, unless the manufacturer applies a longer warranty period. The above only applies if the items are returned with the corresponding receipt or invoice. The customer must send or deliver the items eligible for replacement or repair at his own expense and risk to the address provided by Cosmic Dragon Club .

The customer cannot invoke warranty provisions:

  • If the buyer neglects the goods;
  • if the customer has made changes to the articles or has had them made by third parties. This includes repairs not made by or on behalf of Cosmic Dragon Club ;
  • in the event of improper or careless use, incorrect connections, incorrect mains voltage, lightning strike, damage due to the effects of moisture or other external causes or calamities;
  • If a device has not been maintained in the usual manner or as described in the instructions for use;
  • If the device is used with unsuitable or incorrect accessories;
  • If items are returned as being defective but Cosmic Dragon Club cannot detect a defect.

The manufacturer’s or trademarks, or the type, warranty or identification numbers or marks, affixed to the items supplied by Cosmic Dragon Club may not be removed, damaged or altered. This will irrevocably void the warranty.

Without a proof of payment showing the date of purchase.

  • Article 11 Liability
    The liability of Cosmic Dragon Club remains at all times limited to the amount of the invoice amount of the relevant deliveries. Cosmic Dragon Club will not be liable for any direct or indirect damage, for which Cosmic Dragon Club does not accept liability in these terms and conditions, except for damage caused by intent, gross negligence or fault on the part of Cosmic Dragon Club. The customer indemnifies Cosmic Dragon Club against all claims from third parties in this respect.
  • Article 12 Other provisions
    In the event that individual provisions contained in these general terms and conditions should lose their effect in whole or in part, this shall not affect the validity of the remaining provisions of these general terms and conditions.

C.S.H. Gerkens-Lim
Management of Cosmic Dragon Club

Eslaan 5 (V)
1404 EE Bussum (Gooise Meren)
Netherlands
Phone 00 31 (0) 35 6781838
or
Mobile + 31 (0)651285688