General Terms and Conditions DealBanana
Last update: 29 July 2017
Below are our Terms and Conditions. These are always applicable if you use or place an order through our Website, and contain important information for you as a buyer. Please read the Terms and Conditions carefully.
Article 1. Definitions
1.1 DealBanana: part of Colengo. Located at Reuver and registered at the Chamber of Commerce under registration number KvK 64158667, operating under name of DealBanana.
1.2 Environment: DealBanana.com, and any other application appointed by DealBanana.
1.3 Platform: the Environment for third-parties to offer their products to Users.
1.4 Website: the website of DealBanana, which can be consulted through www.DealBanana.com and all associated subdomains.
1.5 Users: every visitor of the Environment.
1.6 Client: every User of the Environment who purchases a product through the Platform.
1.7 Agreement: any appointment or agreement between Other Seller and Client, of which the General Terms and Conditions form an integral part.
1.8 General Terms: the present General Terms and Conditions.
1.9 Secret Box: a box whose content is a surprise to the Client.
1.10 Secret Box Action: the action by which Client, through the purchase of a Secret Box, has a chance to win a prize.
1.11 Other Seller(s): a third party, being a legal or natural person who offers products to Users through the Platform.
Article 2. Applicability General Terms and Conditions
2.1 All Terms, Agreements and Deliveries are subject to the General Terms, unless explicitly agreed otherwise in writing.
2.2 If Client includes the General Terms and Conditions in his order, confirmation or notice, that differ or can not be found in the General Terms, than the General Terms is binding only if and to the extent that it has been explicitly accepted by DealBanana in writing.
Article 3. Prices and information
3.1 All prices on the Website, and other material from DealBanana or Other Seller(s), include BTW (VAT) and, unless otherwise stated on the Website, other charges imposed by the government.
3.2 The prices shown are including shipping.
3.3 The content of the Website has been compiled with the utmost care. However, DealBanana can not guarantee that all information on the Website is accurate and complete at all times, as Other Sellers also have the opportunity to post information on the Platform. Therefore, all prices and other information on the Website and in other DealBanana or Other Seller derived materials are subject to manifest programming and typing errors.
3.4 DealBanana can not be held responsible for (color) deviations due to display quality.
Article 4. Services DealBanana
DealBanana's services only and exclusively apply to mediation in the establishment of the Agreement between Client and Other Seller.
Article 5. Establishment Agreement
5.1 The Agreement is reached at the moment of acceptance by the Client of the Other Seller’s offer through the Platform, and comply with the conditions attached thereto.
5.2 If Client accepts the offer, DealBanana immediately confirm electronically receipt of acceptance of the offer by Other Seller. As long as the receipt of this acceptance is not confirmed by the Other Seller, Client has the opportunity to dissolve the Agreement.
5.3 If it appears that upon acceptance or otherwise entering into the Agreement, the information provided by the Client is incorrect, Other Seller is entitled to fulfill its obligation only after the correct information has been received.
Article 6. Execution of Agreement
6.1 As soon as the order is received by DealBanana, Other Seller shall send the products as soon as possible in accordance with paragraph 3 of this Article.
6.2 Other Seller is entitled to engage third parties to perform the obligations under the Agreement.
6.3 The Website is clearly defined - in time for the conclusion of the Agreement - the manner in which delivery will take place and within which time the products will be delivered. If no delivery period has been agreed or stated, products will in any case be delivered within 30 days.
6.4 If Other Seller is unable to deliver the products within the agreed term, DealBanana will notify Client. Client may then agree on a new delivery date or, he or she gets the opportunity to terminate the Agreement without charge.
6.5 As soon as the products have been delivered to the specified address, the risk to which these products relate is transferred to Client.
6.6 Other Seller is entitled to supply a similar product of similar quality as the ordered product, if ordered is no longer available. Client is entitled to terminate the contract without charge and return the product free of charge.
Article 7. Right of withdrawal
7.1 This article applies only if Client is a natural person who does not act in the exercise of his profession or business. Business Clients are therefore not entitled to withdrawal.
7.2 Client has the right to dissolve the remotely agreed Agreement within 14 calendar days of receipt of a product without giving any reason. Only the direct costs for the return shipment will be borne by Client. The Client must therefore bear the return costs. Any shipping and payment costs paid by Client will be refunded to Client on return of the entire order.
7.3 Client may terminate the Agreement in accordance with paragraph 2 of this Article, by returning the product to DealBanana within the time limit specified in paragraph 2, or to notify DealBanana – within this term - of the waiver of the purchase and the product, and return the product as soon as possible. If Client wants to return the product, contact with our Customer Service is required to receive a form with instructions.
7.4 Amounts already paid by Client (in advance) will be repaid to Client as soon as possible, but not later than 30 days after the Agreement has been terminated.
7.5 On the Website is clearly stated - in time for the conclusion of the Agreement – the information on whether or not the right of withdrawal is applicable, and indicate a procedure in case the customer disagrees with this.
7.6 If the Secret Box with which Client participates in the Secret Box Action is opened, the right of withdrawal is in accordance with Art. 7: 46d paragraph 4 BW excluded.
Article 8. Payment
8.1 Client must pay payments to DealBanana according to the payment methods indicated in the order process and possibly displayed on the Website. DealBanana is free in the choice of offering payment methods, and these may change from time to time.
Article 9. Complaint procedure
9.1 If Client has a complaint about a product and/or other aspects of the DealBanana Service, or Other Seller, Client may submit a complaint to DealBanana by email or by post. See the contact details at the bottom of the Terms and Conditions.
9.2 DealBanana gives Client a response to the complaint as soon as possible, but in any case, within 5 days after receipt of the request. If it is not possible to give a substantive or final response, DealBanana will – within 5 days of receiving the complaint – confirm this and indicate the period within which it expects to give a substantive or final response to the complaint of the Client.
Article 10. Third party offerings
10.1 Client acknowledges that the purchase agreement is established between Client and Other Seller (the third party who offers the product(s) through the Environment for sale), and that DealBanana is not and / or becomes a party to this Agreement. The agreement will be established if and once the Other Seller has accepted the order.
10.2 For questions and/or complaints about Customer Sales of Other Sellers, Client must contact DealBanana’s Customer Service at any time. DealBanana has only a mediating role here. The Client acknowledges that he or she can not rely on DealBanana in these cases and that DealBanana is in no way liable, including but not limited to any inaccuracy of the purchased product.
10.3 Other Seller(s) offer their products through the Platform. DealBanana is under no circumstances responsible for checking or reviewing this offer by Other Seller. DealBanana accepts no responsibility or liability for the actions, products and content of all of these Other Seller(s).
10.4 DealBanana is in no case liable for the quality, safety or legality of the product offered or sold by Other Seller. Client indemnifies dealbBanana from all claims relating to the through the Platform offered or sold products, including but not limited to product liability as in Art. 6: 185 BW.
Article 11. Final Provisions
11.1 Dutch law is applicable to the Agreement.
11.2 Insofar as no compulsory law prescribes rules, all disputes that may arise pursuant to the Agreement shall be submitted to the competent Dutch court in Heerlen (the Netherlands).
11.3 Any liability of DealBanana will be limited to DealBanana's intention or gross negligence.
11.4 If a provision in these Terms and Conditions appears to be void, this does not affect the validity of the General Terms and Conditions. In that case, the parties will replace a new provision, which enforces the intention of the original provision as close as possible.
Should you have any questions, complaints or comments after reading these Terms and Conditions, please feel free to contact us in writing, by e-mail or via Facebook.
DealBanana, part of Colengo B.V.
Chamber of Commerce: 64158667
BTW (VAT): NL855547935B01