Terms and Conditions
Last Updated Date, October 31, 2020
These terms and conditions (these “Terms”) govern your use of any website or mobile application owned or operated by Baktriana B.V. (“Baktriana”), its subsidiaries and affiliates, including Baktriana websites around the world (collectively, the “Site”) where these Terms appear or are linked. These Terms are subject to change by Baktriana, in its sole discretion, at any time, without prior written notice. Any changes to these Terms will be in effect as of the “Last Updated Date” referenced on the Site. Therefore, you should review these Terms prior to using the Site.
Additional terms and conditions may apply to some products or services offered by Baktriana and to the use of the Site and to specific portions or features on the Site, including, but not limited to, promotional offers, contests, or other similar features (“Additional Terms”) all of which terms are made a part of these Terms by this reference. The Additional Terms will control to the extent of any inconsistency between the Additional Terms and these Terms.
Please read these Terms carefully before using the Site. If at any time you do not agree with any of these Terms, you must immediately stop using the Site. By placing an order through our website, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “GOVERNING LAW AND JURISDICTION” SECTION BELOW, AND IF YOU DO NOT OPT-OUT AS SET FORTH IN THAT SAME SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND BAKTRIANA WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY, GENERAL ACTION OR ARBITRATION.
We, along with our affiliates and subsidiaries, are trading under the name:
Baktriana B.V. operating the websites baktriana.com & baktriana.luxe
Registration address is Zaagmolenstraat 8 2, 1052HC Amsterdam, The Netherlands
You can contact us by mail at the above address, by email [email protected]
KvK No: 80578721
VAT No: NL861723004B01
When you use the Site or our services, you agree to use the Site and our services only for purposes that are permitted by these Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. In addition, you agree that you are solely responsible for any breach of your obligations under these Terms and for the consequences (including any loss or damage which Baktriana may suffer) of any such breach. As a condition of your use of the Site and our services, you warrant to Baktriana that you will not use the Site or our services for any purpose that is unlawful or prohibited by these Terms. Whether on behalf of yourself or on behalf of any third-party, you agree not to:
Baktriana reserves the right to refuse service, in its sole discretion, at any time, for any lawful reason, without notice. Baktriana reserves the right to withdraw or amend the Site, and any service or material we provide on the Site, in its sole discretion, at any time, for any reason, without notice. BAKTRIANA WILL NOT BE LIABLE IF FOR ANY REASON ALL OR ANY PART OF THE SITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD. FROM TIME TO TIME, WE MAY RESTRICT ACCESS TO SOME PARTS OF THE SITE, OR THE SITE ENTIRELY, TO USERS, INCLUDING REGISTERED USERS.
3.1. Posting content on the Site
3.2. Right to use content
Unless we indicate otherwise, you grant Baktriana an irrevocable, perpetual, sublicensable, transferable, non-exclusive, and royalty-free worldwide right and license to use, copy, modify, adapt, publish, transmit, perform, and create derivative works, incorporate and imbed into other works, and distribute, and display such content throughout the world in any medium or form now existing or later created. You also agree to the following:
3.3. Right to monitor content
Baktriana has the right, but not the obligation, in its sole discretion, at any time, for any reason, to monitor, analyze, edit, move, remove, or refuse to make available any content made available through the Site. Baktriana takes no responsibility and assumes no liability for any content you post, upload, or otherwise make available through your use of the Site. You are solely responsible for any content you post, upload, or otherwise make available through your use of the Site.
3.4. Restrictions on content
Baktriana may, in its sole discretion, at any time, remove or deny content for any reason, including, but not limited to, when the content contains any of the following:
3.5. Prohibited content
You are prohibited from posting content on the Site that is:
To register for a Baktriana account, you must provide us with your personal information, including your name, email address, and password. It is a condition of your use of the Site that all the information you provide on the Site is accurate, current and complete. Your user name and password are for your personal use only. To ensure that your user name and password remain confidential, DO NOT share this information with anyone. You are responsible for maintaining the confidentiality of your account information and for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your account. Remember to choose a strong password, including numbers, capital letters, special characters, etc., and is not typically found in a dictionary. In the event your password is lost or stolen it is your responsibility to notify Baktriana at the address listed in the “Contact Us” section.
Baktriana may, in its sole discretion, at any time, for any reason, deactivate, block, or freeze your account.
Your order is an offer to Baktriana to buy the product(s) and services listed in your order along with a sales order number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, when you place an order to purchase a product and/or service from Baktriana, we will send you an email confirming receipt of your order and containing the details of your order (the “Order Confirmation”). Your receipt of the Order Confirmation only confirms that we have received your order; it does not constitute Baktriana’s acceptance of your order or Baktriana’s confirmation of our offer to sell. An order is not binding upon Baktriana until it is accepted; Baktriana must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Once payment is received and an order is accepted, Baktriana will issue an invoice to you and a contract will come into existence between you and us. Baktriana may, in its sole discretion, at any time after receiving your order, accept or decline your order for any reason. In addition, Baktriana may, in its sole discretion, cancel your order and limit order quantity. Where your order is declined, cancelled or limited, we will inform you of this by appropriate means and you will not be charged. If, however, your order is limited or cancelled after your credit card has been charged for the purchase, Baktriana will issue a credit to your credit card account in the amount of the charge.
We may process payment for and ship parts of your order separately.
You consent to receive sales invoices electronically. Electronic invoices will be made available in pdf format in the “your account” area of the Site.
Marketplace: For an order for an item that is listed on the Site as “Sold and Shipped by” a third-party seller through Baktriana’s Marketplace platform (“Marketplace Seller”) and not “Sold and Shipped by Baktriana” (“Marketplace Item”), Baktriana is the seller of record and the order processing is as set out at section “5.1.1. Orders” above and the contract is formed between you and Baktriana.
Click the Pre-order button in the item description and checkout as you normally would. A sales order number will be issued at the Order Confirmation screen just as if you were placing a conventional order, but your credit/debit card will not be charged until your pre-ordered item is in stock and ready to ship. If you purchase an in-stock item with a pre-order item, you will be charged accordingly for the available product and the difference when your pre-ordered item is in stock and ready for shipment. In this instance, two sales order numbers will be issued; one for the in-stock merchandise and one for the pre-ordered merchandise. You will be kept up-to-date via the Site and through standard Order Status emails to your account.
We will sometimes allow you to backorder an item that is out of stock. However, these items will be clearly marked with a Backorder button. Click the Backorder button in the item description and checkout as you normally would. A sales order number will be issued at the Order Confirmation screen just as if you were placing a conventional order, but your credit/debit card will not be charged until your backordered item is in stock and ready to ship. If you purchase an in-stock item with a backorder item, you will be charged accordingly for the available product and the difference when your backordered item is in stock and ready for shipment. In this instance, two sales order numbers will be issued; one for the in-stock merchandise and one for the backordered merchandise. You will be kept up-to-date via the Site and through standard Order Status emails to your account.
Marketplace: Backordering is not currently available for Marketplace Items.
In order to place an order with Baktriana, you must provide us with your name, shipping address, billing address, telephone number, and payment information, such as your credit card number, billing address, credit card expiration date, and credit card security code. You represent and warrant to Baktriana that the credit card information or other payment method information you provide to Baktriana is accurate and complete; and you are authorized to use such credit card or payment method for the purchase.
Terms of payment are within our sole discretion and we must receive payment before our acceptance of an order. Payment methods may vary by location. Payments can be made by any method mentioned in the Payment Methods section.
We process the order as soon as we receive your payment. Once we have checked your card or Paypal details
and the current stock, the item is ready to be shipped off for delivery.
We take your payment controlled by a third-party merchant service provider that is compliant in respect of the payment card industry data security standards (PCI DSS version 2).
In order for us to be able to process your payment with a debit or credit card, we will ask for your card details. We will ask you to provide this every time you make a payment to us. Except as set out in these Terms, we will not contact you by email or otherwise to request any payment card details or security information. If you do receive any e-mail that ask for such information, please contact our customer service immediately.
We use our reasonable endeavours to ensure that this website is free from viruses and other harmful content that might cause damage to your computer, although we make no guarantees to this effect. It is your responsibility to ensure you have the right equipment (including without limitation up to date anti-virus software) to use websites safely. Except where required by applicable law, we will not be responsible to you or any loss or damage suffered by you as a result of viruses or other harmful content by using our website.
5.3. Shipping & Delivery
Delivery charges and timescales vary depending on the delivery address and the type of product you wish to receive. For further information, please see our delivery information.
We make every effort to meet the delivery dates we promise. However, occasionally due to unforeseen factors, delays are inevitable. We shall not be held responsible for any delay or failure to deliver products within the estimated timescales if it is wholly or partly caused by circumstances which do not lie within our control.
If no one is available at your residential or delivery address to accept the order, a note will be left to advise you of the current location of your order, which could be with your neighbour. Alternatively, your order may have been returned to one of the carrier’s depots, and the note will advise you of how you may take delivery of your order.
The risk of damage or loss of products remains our responsibility until the earlier of the date the product passes to you (having paid in full for the product) or the date the first delivery attempt was made.
Delivery refunds can only be made in accordance with your legal rights under the Consumer Protection Distance Selling Regulations 200 or other applicable legislations.
5.4. Risk of Loss and passing of Title
Baktriana will arrange for shipment of ordered product(s) to you, Free Carrier (F.C.A.) risk of loss passes to you upon delivery to the carrier. Title to the product(s) – excepting software – will also pass to you upon delivery to the carrier. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. You agree to be bound by any software license agreement once the seal on the package is broken. Baktriana will advise you of estimated shipping dates, but Baktriana will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
VAT and Sales tax is only required for orders shipping into territories where we are under the current thresholds or may have nexus for state tax purposes under applicable laws. The tax imposed by these territories or states on shipping and handling is part of the territory or state sales tax, not a separate tax.
We use Avalara’s AvaTax to calculate all EU & US Sales.
Sales taxes can change, and we will use commercially reasonable efforts to keep this list current.
5.6. Tax exemption
If you are a tax-exempt organization or reseller, you can apply for tax exemption on your Baktriana orders.
5.7. Customs, duties & taxes
When ordering products from Baktriana for delivery from outside of your jurisdiction, you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Contact your local customs office for further information. Additionally, please note that when ordering from Baktriana, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
5.8. Order processing
5.8.1. Order status
Baktriana will keep you informed of your order status via email. All tracking information will be emailed to your Baktriana ID once your order has shipped (except when an APO/FPO/DPO is the shipping destination). You may also acquire your order status and other live updates by logging in to your account on the Site.
5.8.2. Order processing
Once you have placed your order, you can expect your order to be processed within approximately 1-2 business days, provided the items are in stock and there are no problems with payment verification. Baktriana does not guarantee same day-shipping. Orders are not processed on US or Dutch holidays.
Marketplace: If you purchase a Marketplace Item from a Marketplace Seller, that Marketplace Seller is responsible for shipping the item to you. While Baktriana does not guarantee processing times for Marketplace Items, in general Marketplace Sellers should process orders within 1-2 business days of order verification.
5.8.3. Expedited processing
Expedited Processing expedites the fulfilment of your order so it can be packed, shipped and on the road the same business day it is placed.
For orders with eligible and ineligible items, expedited processing will apply to the eligible items only. Ineligible items will automatically be split onto a separate order.
Marketplace: Expedited processing is not currently available for Marketplace Items.
5.9. Cancelling orders
You may cancel your order for a product at no cost any time before the order has been processed and shipped, provided Baktriana has sufficient time to cancel the order.
Nothing in this section limits your rights to cancel your order under any law.
To learn about returns, please review the Returns Policy. The Returns Policy is incorporated into these Terms in its entirety.
Nothing in the Returns Policy limits your rights and remedies under any law.
Under the Consumer Protection Distance Selling regulations, you have the right to cancel your order within 7 days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products which will be processed in accordance the Refunds section below and otherwise in accordance with your statutory rights. For your convenience we also offer an additional return time of thirty days after you receive the product.
If you wish to cancel your order, you must inform us in writing via email or via our customer portal.
These Terms do not affect your other statutory rights as a consumer are not intended to be a full statement of your statutory rights. For more information on your right as a consumer under protection of the distance selling regulations, please contact your local authority, trading standards department or a consumer advice centre.
On rare occasions, it is possible that product specifications change. If this is the case, we will contact you as soon as we can to offer you an alternative similar to the original product. If you are unhappy or not satisfied with the substitute or replacement, please contact our customer service.
If you believe that you have received defective, damaged or incorrect products, you must inform us within a reasonable amount of time. Please do not return the product to us in the first instance. Rather, we will contact you to discuss an appropriate remedy and may offer you (without limitation) a repair or replacement parts, a replacement product or a full refund. Where we offer you a refund, we will refund the price of a defective damaged or incorrect product in full, any applicable delivery charges and any reasonable costs you may incur in returning the item to us.
If you cancel an order pursuant to in accordance with the Returns Policy, we will refund any money paid by you after the ordered products have been returned to us. The refund will be made to the card or account you used while paying for the order and, as mentioned above, is subject to the regulations set for goods damaged on return or for which we arranged the collection.
Unless expressly indicated otherwise, Baktriana is not the manufacturer of the products sold on the Site. Actual product packaging and materials may contain more and different information to that displayed on the Site. Ingredients may also change. All information about the products on the Site is provided for information purposes only, and BAKTRIANA MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE SITE’S ACCURACY. We recommend that you do not rely solely on the information presented on the Site. Please always read labels, warnings and directions provided with the product before use.
For healthcare products, in the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product or contact the manufacturer. Content on the Site is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Contact your healthcare provider immediately if you suspect that you have a medical problem. Information and statements about products are not intended to be used to diagnose, treat, cure or prevent any disease or health condition.
TO THE FULLEST EXTENT PERMITTED BY LAW, BAKTRIANA ACCEPTS NO LIABILITY AND RESPONSIBILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS BY MANUFACTURERS OR OTHER 3RD PARTIES.
Notwithstanding the foregoing, nothing in this section limits your rights and remedies under any law.
6.2. Product testing
Baktriana, like other e-retailers, ships items in the condition they were received from the original manufacturer/distributor. Baktriana does not conduct product testing before shipping any merchandise.
Marketplace: Marketplace Sellers may or may not conduct product testing. Check with the Marketplace Seller before purchase via our Customer Service portal for information on the product testing practices of individual Marketplace Sellers.
6.3. Technical support
Baktriana does not offer any sort of technical assistance. We cannot offer advice on compatibility of items, make product recommendations, or provide technical support or sales advice. We post all of the information the manufacturer provides us with for your convenience. Please contact the manufacturer directly for accurate answers to your technical questions or for additional information or specifications that are not posted at Baktriana.
Marketplace: If you need technical support fora Marketplace Item, please direct your requests for technical assistance to the applicable Marketplace Seller. However, please be aware that certain Marketplace Sellers may not offer technical assistance. Check with our Customer Service via our portal to inquire of the individual Marketplace Seller in question.
Baktriana has a complaints procedure in place, of which the customers have been sufficiently informed, and treats the complaint in accordance with this complaint’s procedure
Complaints about the execution of the agreement have to be described, completely and clearly, within a reasonable amount of time after the customer has observed the faults.
Complaints filed with Baktriana will attempt to be answered within 14 days after the date of receipt. If a complaint has a foreseeably longer processing time, Baktriana will attempt reply within 14 days with an acknowledgment of receipt and an indication of when the customer can expect a more detailed reply.
The customer should allow Baktriana at least 4 weeks’ time to solve the complaint in mutual consultation. After this period, a dispute is raised that is eligible for the dispute settlement.
Are you unsatisfied with the handling of your complaint? You can present your complaint to the Disputes Committee via the European ODR Platform. (http://ec.europa.eu/consumers/odr)
6.4. Product-specific policies
6.4.1 “Must Be Purchased with Hardware”
The “must be purchased with hardware” precept is mandated by the software publisher. In accordance, Baktriana customers must purchase some type of product that falls under the general category of computer hardware in order to purchase applicable software. Hardware is classified as any component that will be used when assembling a computer system (a hard drive, motherboard, processor and a floppy drive are all examples of merchandise that will qualify). There is no specific or set price the hardware has to be, merely that there is some sort of eligible hardware present in the order itself.
6.4.2 Buyers of optional service plans, warranties, and protection plans
If you purchase certain products through the Site, you may be able to purchase an optional service plan, warranty, or protection plan (the “Plans”) for the product. The Plans are provided by 3rd party service providers and may have their own set of terms and conditions. If applicable, the details of the Plans will be available to you at the point of purchase. You should carefully review the applicable terms and conditions for the Plans before you purchase any of the Plans.
You authorize Baktriana to initiate a charge to the credit card or other payment method that was used to purchase the equipment in the amount that is due accordingly.
7.1. Baktriana’s Discount Membership
Unfortunately, we do not currently have a reseller or discount program available at this time. Baktriana currently already negotiates the best possible price for you, and offers these great discounts to all of our customers through the Site. Anytime we receive any specials or promotions, we will post them on the Site for you to take advantage.
Promotional offers, Deals, Promo Codes, Rebates, Gifts, Combo Specials, Bundle Specials, Discounts, and etc. (collectively, “Promotions”) are subject to change without notice. In addition, Baktriana reserves the right to modify or cancel Promotions at any time, for any reason, and without notice, but will honour orders already placed.
9.10. Voucher Codes
Every acquired coupon code is only valid once per customer (unless otherwise stated).
In order to enjoy the discount, your purchase needs to meet the following conditions (from the newsletter, advertiser): minimum order value, selected items, number of items, expiration date, etc.
Make sure the discount is effective before finalizing the order. The validation of the order and its payment means that you, the customer, agree with the indicated price and that you cannot apply for reimbursement of the un-deducted discount code after payment.
No refund will be given if you decide to validate the order while the discount has not been processed correctly. Discount codes are not valid in combination with other coupon codes and auctions.
If the code does not work, we would recommend you email our customer service: [email protected]
10.1. Intellectual property
All content included on the Site, such as text, graphics, logos, images, videos, digital downloads, data, software, any other material, and the design selection and arrangement thereof is owned or licensed property of Baktriana, its suppliers, licensors, or other providers of such material and is protected United States, European Union and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Baktriana and its suppliers and licensors expressly reserve all intellectual property rights in all content.
These Terms permit you to use the Site for your personal, non-commercial use only.
By agreeing to our Terms you acknowledge and agree that all copyright and other intellectual property is made available for your personal use only and remains our property at all times.
You may download or copy content or materials as support for personal use of our website only. Copying, reproducing, publishing, distributing or displaying content or materials displayed on our website for any other use is unlawful and is prohibited by law.
The content and other materials on our website are made available for your personal use only and shall not be copied or used, unless agreed to by us or one of our representatives within authorised written terms.
The Baktriana name, logos, service names, designs, and slogans are trademarks of Baktriana. You must not use such marks without the prior written permission of Baktriana. All other names, logos, product and service names, designs and slogans that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Baktriana.
10.2. Pricing and availability
All prices are displayed in the currency of the jurisdiction of the country you have selected when accessing the Site.
All pricing is subject to change without notice, and Baktriana reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes and other extenuating circumstances.
On rare occasions, an item in our catalogue may be mispriced. We will verify pricing when processing your order and before we take payment. IF WE HAVE MADE A MISTAKE AND A PRODUCT’S CORRECT PRICE IS HIGHER THAN THE PRICE ON THE SITE, WE MAY EITHER CONTACT YOU BEFORE SHIPPING TO ASK WHETHER YOU WANT TO BUY THE PRODUCT AT THE CORRECT PRICE OR CANCEL YOUR ORDER. If a product’s correct price is lower than our stated price, we will charge the lower amount and send you the product.
Baktriana may limit the number of products available for purchase. Baktriana may, in its sole discretion, at any time, for any reason, change the quantities available for purchase.
We list availability information for products sold by us on the Site, including on each product information page. Beyond what we say on that page or otherwise on the Site, we cannot be more specific about availability. As we process your order, we will inform you by email as soon as possible if any products you order turns out to be unavailable. Baktriana shall at its sole discretion, at any time, have the right to refuse or cancel any order for a product that is unavailable. If such order is cancelled after your credit card has been charged for the purchase, Baktriana will issue a credit to your credit card account in the amount of the charge.
10.3. Product listings
Prices and availability of products are subject to change without notice. Any changes to Baktriana-controlled prices, specifications and terms will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change. Baktriana strives for accuracy in all item descriptions, photographs images, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on the Site. Due to system, typographical, informational, technical, human, and other error, we cannot and do not guarantee that all information, including descriptions, photographs images, compatibility references, detailed specifications, pricing, links, availability and any other product-related information listed is accurate, complete or current, nor do we assume responsibility for these errors. Baktriana reserves the right at any time and without notice to update product information and to correct and/or remove product-related errors, inaccuracies, or omissions. To the fullest extent permitted by law, Baktriana shall at its sole discretion have the right at any time to refuse and/or cancel any order for a product whose listing on the Site contained erroneous information, including but not limited to incorrect pricing. If such order is cancelled after your credit card has been charged for the purchase, Baktriana will issue a credit to your credit card account in the amount of the charge. Additionally, all hyperlinks to other websites from Baktriana are provided as resources to customers looking for additional information and/or professional opinion. Baktriana does not assume responsibility for the claims and/or representations made on these or any other websites.
Notwithstanding the foregoing, nothing in this section limits your rights and remedies under any law.
10.4. Product revisions
BAKTRIANA IS NOT RESPONSIBLE FOR CHANGES OR VARIATIONS IN PRODUCT SPECIFICATIONS AND/OR PHYSICAL APPEARANCE. In the interest of our customers, Baktriana puts forth commercially reasonable efforts to ensure that all product information is up-to-date and factual. Unfortunately, there are varying determinates which, although infrequent, could cause the information on the Site to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, colour deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer. Baktriana relies on the manufacturer to communicate these differences. Presently we have no way of alerting customers prior to purchase in the event the manufacturer fails to do so. CONSEQUENTLY, BAKTRIANA WILL NOT BE HELD RESPONSIBLE FOR PRODUCT REVISION CHANGES.
All links to other websites from Baktriana are provided as resources to customers looking for additional information and/or professional opinion. To the fullest extent permitted by law, Baktriana does not assume responsibility for the claims and/or representations made on these or any other websites. IF YOU ACCESS ANY OF THE 3RD PARTY WEBSITES LINKED TO THE SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK AND SUBJECT TO THE POLICIES AND TERMS AND CONDITIONS FOR SUCH WEBSITES.
10.6. Product Videos & Tours
The product resources offered are provided courtesy of their respective 3rd party developers. As such, to the fullest extent permitted by law, Baktriana is not responsible in any way for the accuracy of claims, representations or suggestions made in these materials. Similarly, all compatibility or technical issues should be directed to the appropriate developer or manufacturer. THESE RESOURCES ARE PROVIDED ON AN “AS IS” BASIS BY BAKTRIANA AS A SUPPLEMENTARY SERVICE TO YOU, THE USER. We offer these resources to you strictly for informative purposes as they may lend insight into products you are interested in and clarify any associated benefits.
10.7 Accuracy of content
Except as set out below, the price you pay is the price that was displayed at the time we received your order, except in the case of error.
While we use our reasonable endeavours to ensure all prices on the website are accurate, errors sometimes are inevitable. If we discover an error in the price, we will contact you as soon as possible to give you the options of reconfirming with the actual price or cancelling your order. If we are unable to contact you, the order will automatically be cancelled. If you cancel but already have paid, we will refund you the full amount paid.
All prices are shown in the appropriate currency according to territory and include VAT, Tax, or GST at the applicable rate. They exclude delivery rates which are shown in respect of product with our delivery information.
All sizes, measurements and dimensions are approximate. We try to display them as accurately as possible, yet we cannot guarantee they are absolutely correct.
We use our reasonable endeavours to display pictures and videos of the products as close as possible to their actual representation.
11.1. Notices of copyright infringement
We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from Baktriana infringe your copyright, you may request removal of those materials (or access to them) from Baktriana by submitting written notification to us. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Our address to receive DMCA Notices is:
BAKTRIANA B.V. Zaagmolenstraat 8 2, 1052HC Amsterdam, The Netherlands
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on Baktriana is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
Completed Counter-Notices should be sent to:
BAKTRIANA B.V Zaagmolenstraat 8 2, 1052HC Amsterdam, The Netherlands
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
11.2. Notices of trademark Infringement
In order to remove trademarks, service marks, and/or trade dress infringing content, please send a notice of trademark infringement containing the following information to Baktriana:
Notices of trademark infringement should be sent to:
BAKTRIANA B.V. Zaagmolenstraat 8 2, 1052HC Amsterdam, The Netherlands
11.3. Notices of Infringement of other intellectual property rights
In order to remove infringing content, please send a notice of infringement containing the following information to Baktriana:
Notices of infringement of other intellectual property rights should be sent to:
BAKTRIANA B.V. Zaagmolenstraat 8 2, 1052HC Amsterdam, The Netherlands
11.4. Repeat infringers
Baktriana takes the protection of intellectual property rights very seriously. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
The following policies and terms and conditions have been incorporated into these Terms:
To be determined
13.1. Electronic Waste Recycling Act
If you are resident of California, USA; The Electronic Waste Recycling Act (“Act”) became law in California on January 1, 2005. The primary objective of this law is to initiate a recycling program for computer products containing chemicals deemed hazardous to the environment. To fund this program, California requires retailers and e-tailers to collect, on the state’s behalf, a fee for each product covered by this law. The fee is paid by the consumer at the time of purchase of the covered product. This fee will be remitted directly to the state by and only applies to orders shipped within California.
The types of products that we are required to collect this recycling fee include cathode ray tubes, cathode ray tube devices, flat panel screens, and other similar video display devices. The actual amount of the recycling fee will vary, based on the screen size of the product when measured diagonally, as follows:
For more information concerning the scope and details of the Act, please refer to the California Department of Resources Recycling and Recovery’s website or to the Department of Toxic Substances Control’s website.
13.2. Unauthorized charges
Fair Credit Billing Act: If you are a resident of the USA you will pay nothing if unauthorized charges are made to your card as a result of shopping at our online store, subject to the terms of this paragraph. Under the Fair Credit Billing Act, your bank cannot hold you liable for more than $50.00 for fraudulent charges if you promptly report the unauthorized charge. If your bank does hold you liable for any of this $50.00, we will cover the entire liability for you, up to the full $50.00. We will only cover this liability if the unauthorized use of your credit card resulted through no fault of your own from purchases made while using our secure server. In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.
Baktriana does not consent to having any telephone calls recorded and reserves the right to terminate any call that is being recorded. You agree not to record any call with Baktriana unless you have provided clear and conspicuous notice to Baktriana and have received prior written consent from Baktriana.
13.4. Your indemnification
To the fullest extent permitted by law, You agree to defend, indemnify and hold harmless Baktriana, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms.
13.5. Warranties; All product sold “AS-IS” or “With All Faults”
BAKTRIANA IS A DISTRIBUTOR ONLY. PRODUCTS SOLD BY BAKTRIANA ARE NOT MANUFACTURED BY BAKTRIANA. THE PRODUCTS MAY, HOWEVER, BE COVERED BY EACH MANUFACTURER’S WARRANTY, SERVICE, AND SUPPORT POLICY (IF PRESENT). THESE WARRANTIES, SERVICES, AND SUPPORT POLICIES ARE PROVIDED BY THIRD-PARTY COMPANIES AND HAVE THEIR OWN SET OF TERMS AND CONDITIONS. BAKTRIANA SHALL NOT BE RESPONSIBLE FOR ANY TERM, GUARANTEE, REPRESENTATION, OR WARRANTY GIVEN BY SUCH MANUFACTURER. BAKTRIANA ASSIGNS AND PASSES THROUGH TO YOU ANY WARRANTY OF THE MANUFACTURER, AND YOU ACKNOWLEDGE THAT YOU SHALL HAVE RECOURSE ONLY UNDER SUCH WARRANTIES AND ONLY AS AGAINST THE MANUFACTURER OF THE PRODUCTS.
BAKTRIANA MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY LAW, ALL ITEMS SOLD THROUGH BAKTRIANA ARE SOLD “AS-IS” OR “WITH ALL FAULTS.” THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE ITEMS IS WITH THE BUYER. SHOULD ANY OF THESE ITEMS PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT THE MANUFACTURER, DISTRIBUTOR, OR BAKTRIANA, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
EXCEPT FOR THOSE WARRANTIES, CONDITIONS, REPRESENTATIONS, GUARANTEES, AND TERMS THAT MAY NOT BE LEGALLY EXCLUDED, BAKTRIANA DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS, GUARANTEES, AND TERMS, AS TO ANY SUCH PRODUCT, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, TRADE USAGE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW.
NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE, RESTRICT, OR MODIFY ANY NON-EXCLUDABLE RIGHT OR REMEDY YOU HAVE UNDER ANY LAW. ANY DISCLAIMER, EXCLUSION, OR LIMITATION AS PROVIDED FOR IN THESE TERMS APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW AND SUBJECT TO ANY NON-EXCLUDABLE RIGHT OR REMEDY.
13.6. Liability; Exclusions
NOTHING IN THESE TERMS LIMITS OR EXCLUDES OUR LIABILITY TO THE EXTENT THAT IT CANNOT BE LEGALLY LIMITED OR EXCLUDED BY APPLICABLE LAW.
SUBJECT TO THE PRECEDING PARAGRAPH, BAKTRIANA SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU WHETHER IN CONTRACT (INCLUDING UNDER AN INDEMNITY OR WARRANTY), IN TORT (INCLUDING NEGLIGENCE), FOR BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THESE TERMS FOR: LOSS OF PROFITS; LOSS OF REVENUE; LOSS OF ANTICIPATED SAVINGS; LOSS, DESTRUCTION OR CORRUPTION OF DATA; LOSS OF CONTRACT OR BUSINESS OPPORTUNITY; LOSS OF GOODWILL; MALFUNCTION; DELAYS; INTERRUPTION OF SERVICES; 3RD PARTY CLAIMS FOR DAMAGES AGAINST YOU; OR INDIRECT OR CONSEQUENTIAL LOSSES OF ANY KIND WHATSOEVER AND HOWEVER CAUSED, WHETHER OR NOT REASONABLY FORESEEABLE, REASONABLY CONTEMPLATABLE, OR ACTUALLY FORESEEN OR ACTUALLY CONTEMPLATED, BY BAKTRIANA AT THE TIME OF ENTERING INTO THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO THE FIRST PARAGRAPH OF THIS SECTION 13.6, IN ALL CIRCUMSTANCES BAKTRIANA’S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD TO WHICH YOUR CLAIM RELATES.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF CLAIMS OR ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
If you are a consumer from the USA, the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. If you are a New Jersey consumer, the terms of this section do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, Baktriana reserves all rights, defences and permissible limitations under the law of your State of residence.
Even though we use our reasonable endeavours to ensure our website meets all applicable security standards, we cannot be held responsible for unauthorised access of information you provide to us through our website.
If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
13.7. Governing Law and Jurisdiction
Any dispute arising out of or related to these Terms or the sales transactions between you and Baktriana be governed by the laws of The Netherlands without regard to its conflict of laws rules. Specifically, the validity, interpretation and performance of these Terms shall not be governed by the United Nations Convention on the International Sale of Goods. Except for claims for injunctive relief by either party, you and Baktriana agree that any dispute or controversy arising out of, in relation to, or in connection with these Terms or your use of the Site including without limitation, any and all disputes, claims (whether in tort, contract, statutory or otherwise) or disagreements concerning the existence, breach, interpretation, application or termination of these Terms, shall be resolved by final and binding arbitration pursuant to Arbitration Acts in The Netherlands or, at the option of the party seeking relief, by telephone, online, or via written submissions alone, and be administered by one (1) arbitrator appointed in accordance with such rules and such arbitrator shall be independent and impartial. If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of an arbitration hereunder, Baktriana shall appoint the arbitrator. The arbitration shall be conducted in the English language. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this Section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
You may choose to opt out of the agreement to arbitrate by mailing a written opt-out notice (“Notice”) to Baktriana. The Notice must be postmarked no later than thirty (30) days after the date you accept these Terms for the first time. The Notice must be mailed to Baktriana at BAKTRIANA B.V., Zaagmolenstraat 8 2, 1052HC Amsterdam, The Netherlands to the attention of Baktriana Legal. This procedure is the only mechanism by which you can opt out of the agreement to arbitrate. Opting out of the agreement to arbitrate has no effect on any other parts of these Terms, or any previous or future arbitration agreements that you have entered into with Baktriana.
ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SALES TRANSACTIONS BETWEEN YOU AND BAKTRIANA, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND YOU AND BAKTRIANA EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS.
Finally, you also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Baktriana that is more than one year after the date of the applicable invoice.
Baktriana is not authorized to do business in every jurisdiction. Information published on the Site may contain references or cross-references to goods or services that are not available in your state or country.
The failure of either party to require performance by the other party of any provision of these Terms shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision of these Terms shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
If any provision contained in these Terms is or becomes invalid, illegal, or for any reason unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of these Terms, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Dutch law.
13.10. 3rd Party Rights
These Terms are between you and us. No other person shall have any rights to enforce any of its terms with the exception of manufacturers and Marketplace Sellers referred to in the Terms – such manufacturers and Marketplace Sellers will only have right to enforce any terms against you (and not against Baktriana), including any limitation or exclusion of liability in favour of Baktriana under these Terms.
Notwithstanding the preceding paragraph of this section 13.10, neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.
13.11. Entire Agreement
These Terms, together with Baktriana’s invoice regarding the products and/or services ordered by you, constitute the entire agreement between Baktriana and you and supersede all prior or contemporaneous arrangements, proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Baktriana and you relating to the subject matter of any contract to the fullest extent permitted by law. These Terms may not be explained or supplemented by any prior course of dealings or trade by custom or usage.
We do not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under the age of majority pursuant to applicable law, you may only use Baktriana with the involvement of a parent or guardian. If you order a product to which a minimum age requirement applies, by ordering that product you confirm that you and, if different, the recipient of the product, are of the required age necessary to buy that product.