1. Applicability
1.1 These Terms and Conditions ( T&Cs) of One Eye Witness (hereinafter referred to as “Seller”) are intended to be applied to all contracts that a business customer (“Customer”) concludes with the Seller about products displayed via the Seller’s internet site www.distribution.one-eye-witness.com (the “Website”).
1.2 These T&Cs apply exclusively to business transactions with business sellers.
1.3. The Seller does not accept any Customer terms that conflict with or differ from these T&Cs unless explicitly agreed in writing. These T&Cs apply even if the Seller, aware of conflicting terms, delivers goods unconditionally.
1.4. The Seller may update these T&Cs at any time, with changes effective for new orders. Customers should review the latest T&Cs on the Website before completing any orders.
2. Orders and Contract Formation
2.1. Displayed products do not represent an offer. A Customer order constitutes an offer to purchase, subject to Seller’s acceptance and product availability.
2.2. “In stock” items are typically available for immediate delivery; “pre-order” items will be delivered upon official release. Release dates are estimates and not guaranteed.
2.3. The contract language is English.
2.4. Ordering process:
- The Customer must first register for a business account and agree to these T&Cs.
- The Seller activates the account and sends login credentials by email.
- By placing an order, the Customer agrees to these T&Cs by checking the relevant box.
3. Pricing and Payment
3.1. All prices are ex-works and exclude packaging and statutory sales tax (unless otherwise indicated).
3.2. Prices may increase due to external factors beyond the Seller’s control (e.g., currency fluctuations).
3.3. For VAT-exempt deliveries within the EU, the Customer must provide a valid EU VAT number; otherwise, statutory tax applies.
3.4. The Customer is responsible for all delivery charges, customs fees, and associated transport costs.
3.5. Payment options (subject to prior agreement) include bank transfer, TransferWise, and PayPal (with a 6% processing fee).
3.6. The Customer must ensure accurate billing information and promptly update any changes.
4. Delivery and Risk Transfer
4.1. Delivery is Ex-Works.
4.2. Stock availability can be viewed in the Customer account. Customers may request delivery by selecting “Request Shipping” or emailing the Seller.
4.3. Risk of loss/damage transfers to the Customer upon Seller’s notification of goods ready for collection.
4.4. Freight and insurance is also available at the Customer’s request and expense.
5. Inspection, Warranty, Liability
5.1. The Customer must inspect goods within three days of receipt and notify the Seller immediately of defects.
5.2. The Customer’s warranty rights depend on fulfilling inspection and notification duties.
5.3. If a defect is due to the Seller, they may provide a replacement at their expense. If a replacement is impossible, the Customer may either withdraw from the contract or request a price reduction/refund.
5.4. Claims for damages by the Customer are excluded except in cases of intentional or gross negligence by the Seller.
6. Retention of Title
6.1. All goods remain property of One Eye Witness until only after full payment is received from the customer.
6.2. If the Customer defaults on payment, the Seller may reclaim the goods.
6.3. Until payment, the Customer must hold the goods in trust and properly store and insure them.
7. Return Policy
7.1. The Seller may grant a right of return for certain goods on a case-by-case basis.
7.2. Returns must be confirmed in writing by the Seller, with goods returned at the Customer’s expense within ten days of confirmation.
7.3. Goods must be in brand new condition to qualify for a credit toward the Customer account. A 10% processing fee will be deducted from the product’s wholesale price. Refunds are not provided.
8. Governing Law and Jurisdiction
8.1. Dutch law governs this agreement, including the international laws on international sales of goods.
8.2. Disputes shall be subject to the jurisdiction of the courts with authority over the Seller’s location.
9. Intellectual Property Rights
9.1. This website and its content is property of One Eye Witness.
9.2. The content of the website and the technologies used therein are copyrighted and are protected by the the copyright and related rights laws. In this sense, all textual, graphic, photographic and video materials published on the website are the exclusive property of One Eye Witness (and their respective owners and copyright holders), unless otherwise stated.
9.3. The loading, saving and printing of content of the website by the user is only permitted on condition that: the user copies, transfers and/or uses the content of the website for the intended promotional and educational purposes only and the copyright or other proprietary notices, indications and marks are not removed.
9.4. Any other reproduction (in whole or in part), modification, transmission (electronic or otherwise), linking or use of the content of the website for any public or commercial purpose is prohibited without the express prior written permission of the One Eye Witness, and only to the part of the content, to the manner and extent of its use, and within the time limits for which such consent is expressly given. Any subsequent or different use of the content of the website will be considered a violation of these Terms and Conditions and a violation of the intellectual property rights and the Seller shall be entitled to hold the user liable for this.
9.5. The mere sending to the User or referring to the content of the website or parts thereof by the Seller shall not be deemed to be an agreement on its part to allow the Customer to use the content or parts thereof for its own purposes other than its intended promotional needs.
9.6. The creation of hypertext links pointing to the site is only authorised with the prior agreement of One Eye Witness. The creation of a link to this site by a third party should not be construed as an indication of any relationship between One Eye Witness and the owner of that third party site.
9.7. This website may contain links to other sites operated by other companies. One Eye Witness does not sponsor, control or monitor these sites and is not responsible for the content or policies of such third party sites, which are accessed at the user’s own risk.