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Terms and Conditions


PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of DGS Services. The collective work includes works that are licensed to DGS Services. Copyright 2001-2009, DGS Services ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with DGS Services or purchasing DGS Services products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with DGS Services or to purchase DGS Services products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by DGS Services. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks
All trademarks, service marks and trade names of DGS Services used in the site are trademarks or registered trademarks of DGS Services. All other trademarks, service marks and trade names are trademarks or registered trademarks of their respective owners.

Warranty Disclaimer
This site and the materials are provided "as is" and without warranties of any kind, whether express or implied, however, products on this site are provided with warranties. To the fullest extent permissible pursuant to applicable law, DGS Services disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. DGS Services does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. DGS Services does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability
DGS Services shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if DGS Services has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors
In the event that a DGS Services product is mistakenly listed at an incorrect price, DGS Services reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. DGS Services reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, DGS Services shall issue a credit to your credit card account in the amount of the incorrect price.

Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by DGS Services without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice
DGS Services may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to DGS Services.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a DGS Services or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer
DGS Services does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, DGS Services is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, DGS Services reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to DGS Services in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless DGS Services, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links
In an attempt to provide increased value to our visitors, DGS Services may link to sites operated by third parties. However, even if the third party is affiliated with DGS Services, DGS Services has no control over these linked sites, all of which have separate privacy and data collection practices, independent of DGS Services. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, DGS Services seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Additional Terms & Conditions

GENERAL CONDITIONS
HyperMac Europe

Present General Conditions are used by: 

HyperMac Europe
Weiland 2c
6666 MH Heteren

Registered in the company register with the Chamber of Commerce in Arnhem with number 09188399 The BTW-number (Dutch VAT) of HyperMac Europe is: NL8200.55.293B01
HyperMac Europe can be reached by phone at phone number +31 26 4720801 And moreover within reach by e-mail, by sending an e-mail to info@hyperdrive.nl

Article 1

Definitions In these General Conditions used words, singular or plural, that start with a capital letter, have the meaning of the italic words as defined underneath in this article.

 1.1 General Conditions: present general conditions.
 1.2 Order procedure: The procedure that the Customer goes through in an interactive way at the Website on ordering        Products.
 1.3 Customer: the other party of HyperMac Europe with whom HyperMac Europe enters into a Contract.  
 1.4 Contract: contract of which the General Conditions are an integral part of concerning the sale and 
       delivery of Products.
 1.5 Parties: HyperMac Europe and Customer together. 
 1.6 HyperMac Europe: the party that operates the General Conditions, also opposing party of Customer.
 1.7 Website: the website of HyperMac Europe, to be found under the URL www.hypermac.eu
 1.8 Products: products that HyperMac Europe offers on her Website, which Customer can order.. 

Article 2
Appropriateness

 2.1 The General Conditions are applicable to all Contracts, possible (e-mail) newsletters, the Website, the Order procedure as well as contacts and / or (juristic) acts between Parties, also when these (juristic) acts could not lead to a Contract.
 2.2 Appropriateness of general delivery or payment conditions and / or other general or special conditions of Customer are expressly exclusive. 

Article 3 
Realization Contract

 3.1 The Products as offered on the Website with accompanying prices as an offer without obligations, which can accepted by Customer by going through and completing the entire Order procedure.
 3.2 HyperMac Europe does not guarantee that the offer as referred to before is without mistakes and / or omissions. Misprints are expressly reserved and can be a foundation for not accepting the Contract. If HyperMac Europe decides so, she will immediately inform the Customer with this.
 3.3 If the Contract is not established or disbanded, for what reason so ever, under which is included the situation as referred to in the preceding subsection, HyperMac Europe (bears the responsibility for –when the Customer paid in advance, refunding the paid amounts to the Customer as soon as is possible for HyperMac Europe including the initial shipping costs. This refund will at least take place within 30 (Thirty) days.

Article 4
Prices and payment 

 4.1 Prices as stated on the Website are inclusive VAT, as well as inclusive other enforced levies as stipulated by the authorities. The prices are exclusive shipping costs. The Customer will be charged for these during the Order procedure.
 4.2 HyperMac Europe is authorized to adjust the prices at any time. With price changes, the latter has no consequences for current Contracts, which will be executed for the prices that were agreed upon..
 4.3 The due amounts can be paid by the Customer in three ways:
a. by means of electronic prepayment (Credit Card);
b. by means of prepayment with transfer (via Bank);
c. by Paypal

Article 5
Delivery period

 5.1 The delivery periods as stated on the Website as well as in confirmation e-mails are indicative.
 5.2 HyperMac Europe will make a supreme effort to achieve these indicative stated delivery periods.
 5.3 If and as far as HyperMac Europe cannot delivery the ordered Products to Customer within 30 (Thirty) days, the Customer has the right to cancel the Contract, after HyperMac Europe informed not being able to execute the Contract within the stated period. Then, Article 3.3 is in accordance application.


Article 6
Revocation right

 6.1 The Customer has the right to return the delivered Products to HyperMac Europe within seven (7) weekdays after receipt, without providing reasons (so without having to fill in the complaint form as stated in article 7.1) provided that:
a. the Products are in their original and unopened package and are not used;.
b. the Products are returned at the expense of the Customer, not sufficiently stamped packages will not be accepted by HyperMac Europe;
c. the Customer itself is responsible for the way of shipment and for the risk of the package –and this responsibility and the risk herewith is accepted by Customer- until HyperMac Europe received it.
 6.2 The revocation counts as disbanding value whereby the Customer has the right to refund of which is already paid. With revocation, article 3.3 is in accordance application. 

Article 7
Complaints 

 7.1 If and as far as the Customer believes the characteristics of the Products do not satisfy the Contract, the Customer will consult HyperMac Europe, after which Customer has the right to return the Products to HyperMac Europe provided that: 
a. Customer has inspected the delivered after receipt and reported possible defects in writing to HyperMac Europe within a qualified period;
b. the complaint form as delivered with the package is filled in completely, and with absence of it, can be downloaded from the Website and filled in completely afterwards;
c.  the Products are returned at the expense of the Customer, not sufficiently stamped packages will not be accepted by HyperMac Europe ; d. the Customer itself is responsible for the way of shipment and for the risk of the package –and this responsibility and the risk herewith is accepted by Customer- until HyperMac Europe received it. 

 7.2 If investigation carried out by HyperMac Europe proves that the Products do comply with the Contract, HyperMac Europe will consult with Customer.
 7.3 If investigation of HyperMac Europe indeed proves that the characteristics of the Products do not comply with the Contract, the Customer has the right to a substitute product, if still available, and refund of the shipping costs as stated under b of article 7.1. Might the substitute product not be available, the Customer has the right to:
a. the selecting of a substitute product of the same value as Product which did not turn out to be satisfactory, i the selected product is more expensive than Product which did not turn out to be satisfactory, the Customer will contribute the difference in price, if the selected product is cheaper than the Product that did not turn out to be satisfactory, the Customer will receive the difference in price, where the last sentence of article 3.3 is in accordance application;
b. refund of the value of the Product which counts as (partial) annulment of the Contract, where the last sentence  of article 3.3 is in accordance application.
 7.4 When speaking of the value of the Product in the preceding subsection, the price that is agreed upon in the Contract is referred to.
 7.5 During the period as stated in article 6.1, the Customer may also use the right as given in that article.  Nevertheless, with a filled-in complaint form the procedure as in this article is supposed.

Article 9
Applicable law, complaints and disputes 

 9.1 The Dutch legislation is applicable to the Contract and to Contracts resulting from this.
 9.2 If and as far as a complaint comes up, the Customer contacts HyperMac Europe , which contact can be executed by telephone, in writing and electronic. The contact data which can be used for this are given at the top of present General Conditions. HyperMac Europe will react to a complaint not later than within 30 (Thirty) days as stated for this.
 9.3 Customer can present the dispute –if and as far as Parties cannot solve the dispute themselves- to a competent judge in Arnhem, under which included the provisionary judge of this District Court, adjudicating in an interlocutory proceeding.

Article 10
Other stipulations 

 10.1 HyperMac Europe is authorized to adjust present General Conditions at all times. After change of the General conditions, current General Conditions will be executed with the old conditions that was agreed upon.
 10.2 If and as far as HyperMac Europe provided log in data for the Order procedure, the Customer himself bears the responsibility for these data. These data are strictly personal and may not be assigned under any circumstances. The Customer himself is responsible for the consequences of the careful handling of these data.

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