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GENERAL TERMS AND CONDITIONS of Aqua Exclusive
This General Terms and Conditions document was last edited on February 11, 2021.
1. In the absence of explicit statement to the contrary, the terms used in these general terms and conditions are defined as follows.
Company name: Aqua Exclusive
1. These conditions are applicable to all legal relationships between the user and the consumer, including all offers, quotations and agreements between the user and the consumer to which the user has declared these terms and conditions applicable, insofar as these conditions have not been expressly departed from in writing by the parties.
2. These terms and conditions are further applicable to all contracts with the user that are executed with the assistance of third-parties.
3. Departures from these general terms and conditions are valid exclusively if expressly agreed in writing.
1. All offers made by the user are subject to contract unless an acceptance period has been expressly stated in or in relation to the quotation.
2. In the absence of agreement to the contrary, the prices stated in the aforementioned offers/quotations are exclusive of VAT and other governmental levies as well as the costs incurred in relation to the contract, including forwarding and administration expenses.
3. The offer is based exclusively on the information provided for that purpose by the consumer, and the user can rely on the accuracy and completeness of that information. The consumer guarantees the accuracy and completeness of that information.
3. The contract is formed between the user and the consumer by one of the following methods and times:
Notwithstanding the above, either party is free to make a case that the contract has been formed by other means and/or at a different time.
1. The user will execute the contract with the due care that can reasonably be expected of a good contractor. The user does not however guarantee that a certain result will be achieved.
2. All deadlines indicated by the user are indicative and are not to be regarded as firm deadlines.
3. In cases of late delivery the user must be held in default by the consumer before being considered to be in default.
4. If and in so far as required for the correct execution of the contract, the user reserves the right to have the work carried out by third-parties.
5. The consumer shall ensure that the user is provided in good time with all information that the user indicates is necessary and which the consumer could reasonably be expected to realise is necessary to the execution of the contract. If the information required for the execution of the contract is not issued to the user on time, the user reserves the right to suspend execution of the contract and/or to charge the consumer with extra costs incurred as a result of the delay at the current market rates.
1. The consumer can terminate a contract in connection with the purchase of a product during a cooling off period of a minimum of 60 days without stating reasons. The user may ask the consumer about the reason for withdrawal, but not oblige the consumer to state their reason(s).
2. The cooling off period stated in paragraph 1 commences on the day after the consumer, or a third party designated in advance by the consumer, who is not the transporter, has received the product, or:
3. During the cooling off period, the consumer will handle the product and the packaging with care.
1. If the consumer makes use of their right of withdrawal, they will notify the user of this within the cooling off period by email.
2. As soon as possible, but within 60 days from the first day of the cooling off period, the consumer will return the product.
3. The consumer will return the product with all supplied accessories, in the original condition and packaging, and in accordance with the reasonable and clear instructions issued by the user.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer will bear all costs of the return of the product(s), unless the user has indicated that he will bear these costs.
6. If the consumer makes use of their right of withdrawal, all ancillary contracts are terminated by operation of law.
1. The user will reimburse all payments made by the consumer, excluding any delivery costs charged by the user for the returned product and shipping costs for returning the product, without delay but in any event within 14 days following the day on which the user received the returned product.
2. The user will use the same payment method for repayment that the consumer has used, unless the consumer agrees to another method. The repayment is free of charge for the consumer.
1. The user can exclude the product(s) from the right of withdrawal if:
1. Delivery shall take place ex works/shop/warehouse of the user.
2. The consumer is obliged to accept the goods at the time at which the user delivers them or has them delivered to him or when they are made available to him in accordance with the contract.
3. If the consumer refuses to take delivery or fails to provide information or instructions necessary to the delivery, the user shall be entitled to store the goods at the consumer's expense and risk after the user has notified him of his intention to do so. All storage costs will in that case be charged to the consumer.
4. If the user and the consumer have agreed on delivery, delivery shall take place free of charge unless the user has notified the consumer of the delivery costs upon entering into the contract. The user reserves the right to invoice the delivery costs separately upon delivery.
5. The risk of the goods shall transfer to the consumer at the time at which they are legally and/or actually delivered to the consumer and are thus placed at the consumer's disposal or a third-party nominated by the consumer for that purpose.
1. The price is exclusive of VAT and all other costs incurred in the context of the contract.
2. The user reserves the right to increase the price within three months of entering into the contract. If the user decides to increase the prices, the consumer will be authorised to dissolve the contract unless the right to raise the price is provided for by law.
1. Payment to be made within fourteen days of the invoice date. Objections to the level of the bills do not suspend the payment obligation.
2. If the consumer fails to remit payment within the 14-day period, the consumer shall be held in default by operation of law. The consumer shall in that case be liable for the payment of interest equal to the statutory interest rate at that time. The interest over the payable amount shall be calculated from the time at which the consumer was held in default until the time of full and final settlement, in which context part of a month shall be deemed to be a full month.
3. The user's claims on the consumer shall become immediately due and payable in the event of the consumer being declared bankrupt, granted suspension of payment, being subjected to attachment or placed under administration or guardianship.
4. The user reserves the right to have payments made by the consumer extend first to payment of costs, then to outstanding interest and finally the principal amount and the current interest. The user can refuse a payment offer, without thus being in default, if the consumer indicates a different order of allocation. The user can refuse full payment of the principal amount if the due and current interest and costs are not remitted at the same time.
5. If the consumer exceeds any payment period the user has the right to discontinue further deliveries to the consumer until the full outstanding amount under all contracts entered into with the user has been paid. The user is in that case further entitled to send subsequent deliveries exclusively on a cash on delivery basis.
1. All goods delivered by the user remain the property of the user until the consumer has met in full all of the obligations under the contract entered into with the user; this to be decided at the user's discretion.
2. The consumer is not authorised to pledge or encumber in any other way the goods covered by retention of title.
3. In the event of third-parties imposing an attachment on the goods delivered under retention of title or setting out to establish or invoke any rights to them, the consumer is obliged to notify the user of that as soon as may reasonably be expected.
4. In the event of the user wishing to exercise his property rights as provided for in this article, the consumer hereby gives unconditional and irrevocable permission, now for then, for the user or third-parties engaged by the user to enter the places where the property of the user is located and to repossess that property.
1. All judicial and extrajudicial (debt collection) costs reasonably incurred by the user in connection with the consumer's non-compliance or late compliance with his payment obligations shall be for the consumer's account.
2. The consumer is liable for payment of statutory interest over the debt collection costs.
1. The consumer must notify the user in writing of complaints within two months of establishing the defect. The letter of complaint should contain a description of the failure to perform in as much detail as possible so that the user is able to put forward an adequate response.
2. If a complaint is well-founded, the user is authorised to decide at his own discretion whether to amend the invoice, redeliver the relevant product or service or reimburse a proportion of the price already paid without continuing to implement the contract.
3. I If the consumer fails to lodge a claim within the period provided for in article 15.1, all of his rights and claims of any nature regarding the subject of the complaint made or which could have been made during that period shall be null and void.
1. Notwithstanding the provisions of article 10, the consumer is obliged if he is or remains of the opinion that the user has failed to implement the contract on time, completely or correctly - unless this is done subject to the provisions of article 10.1 - to notify the user as such in writing and without delay and to exercise his rights to institute claims on that basis within 14 months of the date of that notification, or within 14 months of the time at which notification should have taken place, in the absence of which all of his rights and claims in that regard shall lapse upon expiry of the period set forth above.
1. If the consumer fails to meet any obligation to the user or to meet it in full or on time, if the consumer is declared bankrupt or a request for his bankruptcy is filed at the court, if the consumer has applied for or been granted suspension of payment, if goods of the consumer are subjected to an attachment, or if the consumer is placed under administration or guardianship, the user has the right to suspend compliance with his obligations to the consumer or to dissolve the contract with the consumer in full or in part, without any notice of default or legal intervention being required and without being obliged to pay any compensation for damages, without prejudice to the remaining rights of the user, including the right to claim compensation for damages.
1. The user provides two year guarantee on all delivered goods and guarantees that all delivered goods meet the normal standards of soundness and usability and the statutory requirements.
2. The user will repair faults that occur during normal use of the delivered goods free of charge provided that they are covered by the guarantee. The user will determine whether the guarantee applies and the method of repair. The user is also authorised to replace defective goods. If the user opts to replace the goods and offers the consumer a completely new article, a standard percentage will be charged to cover depreciation/usage costs .
3. No claim can be made on the guarantee if the defect or the wear is evidently the result of defective maintenance or if the wear can be regarded as normal wear and tear. Neither can the guarantee be invoked in the following cases:
1. In the event of the user supplying defective goods, the user's liability to the consumer is limited to the provisions set forth in these conditions under "Guarantees".
2. In cases where the manufacturer of a defective item is liability for consequential loses, the liability of the user is limited to repairing or replacing the item or to reimbursing the purchase price.
3. Notwithstanding the above, the user cannot be held liable if the loss can be attributed to intentional act or omission and/or gross negligence and or culpable act on the part of the consumer or inexpert or incorrect usage by the consumer.
4. The limitations of liability for direct losses set out in these conditions are not applicable in cases where the loss can be attributed to intentional act or omission or gross negligence on the part of the user or his subordinates.
5. The user is further authorised at all times to maximally limit or reverse the consumer’s loss, for which the consumer is obliged to cooperate in full.
6. The consumer is obliged to limit or, where possible, to reverse his or her loss and that of his or her members.
1. The consumer indemnifies the user against claims of third-parties regarding intellectual property rights on materials or information issued to the consumer and which are used during implementation of the contract.
2. The consumer indemnifies the user against claims of third-parties regarding losses related to or arising from the contract implemented by the user if and insofar as the user is not liable to the consumer in that respect by virtue of the provisions of article 19.
1. The parties are not be required to comply with any obligation if prevented from doing so as a result of a circumstance that is beyond their control and for which they cannot be held accountable by virtue of the law, a juristic act or generally accepted views.
2. In these general conditions, force majeure is defined - in addition to that which is deemed as such by law and legal precedent - as all circumstances, foreseen or unforeseen, that are beyond the control of the user but which prevent the user from meeting his obligations. That includes strikes at the user's business.
3. No claims for any compensation can be made by the consumer in the event of force majeure.
4. If a case of force majeure leads to an agreed date or term being exceeded, the consumer has the right to dissolve the relevant contract by means of written notification to that effect. That dissolution shall not extend to goods that have already been delivered; those goods must be paid for by the user with due observance of article 12 of these general conditions.
1. In the absence of mandatory rules of law to the contrary, the court in the user's place of establishment has exclusive competent jurisdiction.
2. All legal relationships between the user and the consumer to which these general conditions apply shall be governed by the laws of the Netherlands. The Vienna Sales Convention is expressly excluded.
1. These conditions have been filed at the offices of the Chamber of Commerce for Aqua Exclusive.
2. The most recently filed version or the version that was applicable at the time at which the contract was formulated shall be applicable at all times.