Article 1
1. OSR.org is referred to in the conditions as him and the contractor.
2. The purchaser is understood to mean the person who contracts OSR.org to register the star.
3. Buying, ordering and registering mean that the purchaser contracts OSR.org to register a star on behalf of the purchaser for the sum of £32.95.
Article 2
1. All transactions are subject to the following conditions.
2. Also, all transactions are subject to the general conditions of Book 6 of the Dutch Civil Code, Statute 5.
Article 3
The agreement between the purchaser and the contractor is concluded as soon as the order form is sent.
Article 4
Changes to the agreement will only be effective if they are agreed between the contractor and the purchaser in writing.
Article 5
An agreed delivery date is not an irrevocable deadline.
Article 6
1. Except as stated in articles 2 and 3, ownership of the goods will transfer to the purchaser on delivery.
2. The contractor retains ownership of all goods delivered by him to the purchaser until all obligations arising from the agreement have been met. Also, the retained ownership applies to the claims that the contractor may have to make for failure of the purchaser to fulfil one or more of his obligations towards the contractor. All costs relating to return of ownership are to be paid by the purchaser.
3. If the contractor has reasonable doubt about the ability of the purchaser to pay, then the contractor has the right to postpone delivery of the goods until the purchaser has provided security of payment. The purchaser is liable for any damages incurred by the contractor in relation to this delayed delivery.
4. The contractor reserves the industrial and intellectual property rights for the goods for himself.
5. The purchaser will become the owner of the delivered package, but will never be the owner of the star.
Article 7
During a period of force majeure the contractor’s delivery and other obligations are suspended. Should the period of force majeure, during which the contractor is unable to fulfil his obligations last longer than two weeks, both parties have the right to dissolve the agreement without legal intervention, without, in that case, there being an obligation to compensation.
Article 8
If, at the commencement of the force majeure, the contractor has already partly fulfilled his obligations or is only able to partly fulfil his obligations he has the right to separately invoice the customer for the part already delivered and/or the part to be delivered and the purchaser is obliged to pay this invoice as if it related to a separate contract.
Article 9
The contractor accepts responsibility for damage suffered by the purchaser that is the result of an attributable failure in his fulfilling the obligations of the contract, if, and in so far that, this liability is covered by our insurance, to the amount of the payment made by the insurer.
Article 10
If, for any reason, the insurer should decide against payment, the liability is limited to the amount of the invoice.
Article 11
1. The agreed price includes VAT and other government levies.
2. The purchaser is obliged to pay the invoice within 7 days of receipt, without the application of any non legal compensation.
3. In case of non-payment following the end of the stated default period, the purchaser is in default and is subject to late payment interest of 3% of the amount of the invoice per month.
Article 12
1. If the purchaser does not meet his obligations stemming from the agreement and neither does he act on a notice of default with a period of one week, the contractor has the right to dissolve the agreement without legal intervention. In that case the purchaser is responsible for any damage suffered by the contractor. Obligation to payment relating to work already carried out or deliveries made remain unchanged.
2. If the contractor takes (extra)judicial action as a result of attributable failure on behalf of the purchaser to meet his obligation then the costs are to paid by the purchaser.
Article 13
1. In deviation from the legal rules for the authority of the civil court, any dispute between parties, where the Court is authorised, will be decided in the District Court of Zutphen.
2. During one month after the contractor has made use of this condition the purchaser has the right to elect for the dispute to be settled by the civil court authorised under the law or applicable international treaty.