1.1. These General Terms and Conditions apply to all offers from Prime Resources International BV trading under the trade name Shutgun and to all agreements entered into with Prime Resources International BV.
1.2. The provisions of these General Terms and Conditions can only be deviated from if this has been expressly agreed in writing and in which case the other provisions of these terms and conditions remain in full force.
1.3. General Terms and Conditions used by the buyer do not apply unless expressly agreed to in writing by Prime Resources International BV.
1.4. “Buyer” means any natural person or legal entity associated with Prime Resources International BV. is or will be in a contractual relationship of any kind.
1.5. The internet sites of Prime Resources International BV focus exclusively on the European market and the Middle East.
1.6. Prime Resources International BV reserves the right to change or supplement the General Terms and Conditions from time to time.
1.7. By using the Prime Resources International BV internet sites and/or placing an order, the Buyer accepts these General Terms and Conditions as well as all other rights and obligations as stated on the internet site.
1.8. Prime Resources International BV is authorized to use third parties in the execution of an agreement with the Buyer.
2. Offers and conclusion of agreements
2.1. Offers or quotations should be regarded as an invitation to potential Buyers to make an offer. Prime Resources International BV is in no way bound by this, unless this is stated unambiguously in writing. The acceptance of the invitation to make an offer by the potential Buyer counts as an offer and only leads to the conclusion of an agreement if the other provisions of this article have been met.
2.2. Offers are valid while stocks last.
2.3. A personalized quotation is valid for two (2) weeks, unless a different period is stated in the quotation.
2.4. An offer from the potential Buyer as referred to in Article 2.1 is deemed to have been made in one of the following circumstances: a. the potential Buyer has entered the data on the appropriate input screen of the website and submitted the relevant data ("order form") Prime Resources International BV sent electronically. These were received by Prime Resources International BV. b. the potential Buyer has expressly indicated by telephone that he wishes to receive a specific product and/or service; c. a quotation has been signed by the Buyer and received by Prime Resources International BV if a personalized quotation has been issued by Prime Resources International BV.
2.5. An agreement is concluded when an order confirmation has been handed over to the Buyer or, if the offer has been made via the website, has been sent by e-mail to the e-mail address provided by the Buyer. This agreement can be revoked by Prime Resources International BV in the event that the Buyer does not meet the conditions or has not met them in the past. In that case, Prime Resources International BV will inform the Buyer of this within ten (10) days after receiving the order.
2.6. The buyer and Prime Resources International BV expressly agree that a valid agreement is concluded by using electronic forms of communication as soon as the conditions in articles 2.4 and 2.5 have been met. In particular, the absence of a normal signature does not affect the binding force of the offer and its acceptance. The electronic files of Prime Resources International BV apply, to the extent the law allows, as presumption of evidence.
2.7. Information, images, verbal communications, statements, etc. regarding all offers and the most important characteristics of the products provided by telephone or e-mail are presented or provided as accurately as possible. However, Prime Resources International BV does not guarantee that all offers and products are fully consistent with the information provided. In principle, deviations cannot give rise to compensation and/or dissolution.
3.1. All prices are expressed in Euros, in accordance with the relevant legal regulations, and are exclusive of sales tax.
3.2. Special offers are only valid while supplies last.
3.3. The Buyer owes the price that Prime Resources International BV has communicated to it in its confirmation in accordance with Article 2.5 of these conditions. Obvious (manipulation) errors in the quotation, such as obvious inaccuracies, can also be corrected by Prime Resources International BV after the conclusion of the agreement.
3.4. Delivery costs are not included in the price. Certain payment methods are subject to further conditions regarding the delivery method and the associated costs. This will be clearly communicated to the Buyer.
3.5. If the prices for the products and services offered increase in the period between the order and its execution, the Buyer can cancel the order or terminate the agreement within ten (10) days after notification of the price increase by Prime Resources International BV. Price increases imposed by legal provisions such as increases in the VAT rate may be implemented by definition. However, in all cases the Buyer will first be informed by Prime Resources International BV.
5. Delivery and delivery time
5.1 Orders are delivered as quickly as possible. In principle, Prime Resources International BV strives to ship orders placed before 5 p.m. on a working day that same day. The final delivery period is 30 days after receipt of the order, with the exception of advance payments, where the final delivery period is 30 days after receipt of payment. The consumer will be informed by Prime Resources International BV if the delivery time takes longer than 30 days. The consumer has the right to terminate the purchase agreement after 30 days (unless otherwise agreed). The purchase amount will be credited within 30 days. The stated delivery time is only an indication, therefore no rights can be derived from it. Prime Resources International BV can provide further information regarding delivery times on the website or otherwise make it known in writing. Such information is only indicative.
5.2 If the Buyer orders a product that is temporarily out of stock, it will be indicated when the product is available again. Prime Resources International BV strives to report delays to the Buyer by telephone or email within one working day.
5.3 Deliveries take place at the address specified by the Buyer during the conclusion of the agreement.
5.4 As soon as the products to be delivered have been delivered to the specified delivery address, the risk regarding these products passes to the Buyer.
5.5 Collection is possible on working days between 9:00 AM and 5:00 PM by telephone appointment.
6. Exchange and right of withdrawal
6.1 The Buyer is obliged to carefully inspect the products immediately upon receipt.
7. Satisfaction Guarantee
-1. When purchasing products, the consumer has the option to terminate the agreement without giving reasons for at least fourteen days. This period starts on the day after receipt of the product by or on behalf of the consumer. You will always receive a response from us within 5 working days.
-2. During this period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
7.2 Prime Resources International BV is never liable for any damage - including theft or loss - that occurs to the packaging or product upon return.
7.3 The costs for returning the product are borne by the consumer buyer.
7.4 If the consumer buyer has exercised the right of withdrawal as stated in the previous paragraph, Prime Resources International BV will ensure reimbursement of the amount paid by the consumer buyer to Prime Resources International BV within 30 days.
8. Retention of title
8.1 Notwithstanding actual delivery, ownership of products will only be transferred to the Buyer after he has fully paid all that he owes under any agreement with Prime Resources International BV, including reimbursement of interest and costs, including those of previous or subsequent deliveries and any work performed or to be performed with regard to the products.
8.2 The Buyer may not tax, sell, resell, alienate or otherwise encumber the products before ownership has been transferred.
9. Warranty and liability
9.1 If a product ordered from Shutgun becomes defective during the warranty period, you can return the product to Shutgun, or we will collect the product from you. Shutgun will take care of the further handling of the repair.
9.2 Prime Resources International BV is never obliged to pay any compensation to the Buyer or others, unless there is intent or gross negligence on its part. Prime Resources International BV has no liability whatsoever for consequential or business damage, indirect damage and loss of profit or turnover.
9.3 If Prime Resources International BV is obliged to compensate any damage for whatever reason, that compensation will never exceed an amount equal to the invoice value with regard to the product or service that caused the damage.
9.4 Without prejudice to the provisions of this article, there can be no warranty if the wear and tear can be considered normal and furthermore in the following cases: a. if changes have been made in or to the product, including repairs that have not been authorized from Prime Resources International BV. or the manufacturer have been carried out; b. if the original invoice cannot be submitted, has been changed or made illegible; c. if defects are the result of improper use or improper use; d. if damage has been caused by intent, gross negligence or negligent maintenance.
9.5 The Buyer is obliged to indemnify Prime Resources International BV against any claim that third parties may assert against Prime Resources International BV with regard to the execution of the agreement, insofar as the law does not prevent the relevant damage and costs from being incurred by must be borne by the Buyer.
9.6 Prime Resources International BV may include links on its website to other internet sites that may be interesting or informative for the visitor. Such links are purely informational. Prime Resources International BV is not responsible for the content of the website to which reference is made or the use that may be made of it.
10. Force majeure
10.1 In the event of force majeure, Prime Resources International BV is not obliged to fulfill its obligations towards the Buyer, or the obligation will be suspended for the duration of the force majeure.
10.2 Force majeure means any circumstance beyond its control that prevents the fulfillment of its obligations towards the Buyer in whole or in part. These circumstances include strikes, fire, business disruptions, energy disruptions, disruptions in a (telecommunications) network or connection or communication systems used and/or the unavailability of the internet site at any time, non-delivery or late delivery from suppliers or other third parties engaged and the lack of any permit to be obtained from the government.
11. Intellectual Property
11.1 The Buyer expressly acknowledges that all intellectual property rights to displayed information, communications or other expressions relating to the products and/or the website belong to Prime Resources International BV, its suppliers or other rights holders.
11.2 Intellectual property rights include patent, copyright, trademark, drawing and model rights and/or other (intellectual property) rights, including patentable or non-patentable technical and/or commercial know-how, methods and concepts.
11.3 The Buyer is prohibited from using or making changes to the intellectual property rights as described in this article, such as duplication without the express prior written permission of Prime Resources International BV, its suppliers or other rights holders, unless it purely concerns private use of the product itself.
12. Personal data
12.1 The information you enter on the websites of Prime Resources International BV will only be used to process your order or to send requested information. The information is not provided to third parties
12.2 You can request your data and have it corrected or deleted. To this end, you must send an email to info@Shutgun.eu
13. Applicable law and competent court
13.1 All offers and agreements are exclusively governed by Dutch law.
13.2 The applicability of the Vienna Sales Convention is expressly excluded.
14.1 Shutgun is located at 7533 BV Enschede, and registered with the Chamber of Commerce Veluwe and Twente under number 06076274. The VAT identification number is NL 804114572B01. Please send all correspondence regarding an agreement or these conditions to Shutgun at the above address or to the email address info@Shutgun.nl
14.2 The Shutgun helpdesk is available for information at the indicated times.
14.3 Shutgun strives to answer emails it receives within 8 hours.