TERMS & CONDITIONS
Article 1: Definitions
1. Benefits of having A-Fro is referred to as the seller in these general terms and conditions.
2. The other party is referred to as the buyer.
3. The agreement refers to the purchase agreement between the parties.
Article 2: Applicability
1. These terms and conditions apply to all offers and agreements between the seller and the buyer.
2. Deviation from these terms and conditions is only possible if this has been explicitly agreed in writing by both parties.
Article 3: The offer
1. Offers are without obligation, unless a term of acceptance is stated in the offer. If the offer is not accepted within that period, the offer will lapse.
2. Delivery times in quotations are indicative and do not entitle the buyer to dissolution or compensation if they are exceeded, unless the parties have explicitly agreed otherwise in writing.
3. Offers and quotations do not automatically apply to repeat orders. Parties must agree on this explicitly and in writing.
4. The price stated on offers, quotations and invoices consists of the purchase price including the VAT due and any other government levies.
Article 4: The agreement
1. The agreement is concluded at the time of acceptance by the buyer of the offer and compliance with the corresponding conditions.
2. If the buyer has accepted the offer electronically, the entrepreneur will immediately electronically confirm receipt of the acceptance of the offer.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a safe web environment. If the buyer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can inform himself within legal frameworks - whether the buyer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
5. At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the buyer in an accessible manner on a durable medium:
- the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
- the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information about guarantees and existing after-sales service;
- the price including all taxes on the product, service or digital content; insofar as applicable the delivery costs; and the method of payment, delivery or implementation of the distance contract;
6. If the entrepreneur has undertaken to supply a series of products or services, the provision in the previous paragraph applies only to the first delivery.
Article 5: Right of withdrawal
1. The buyer can terminate an agreement with regard to the purchase of a product during within 3 days without giving any reason, provided that the packaging of the product has been left unopened and is fully sealed. The period starts from the moment the order is received by the buyer.
2. There is no right of withdrawal if the products are tailormade according to his specifications.
3. The consumer can use a withdrawal form from the seller. The seller is obliged to make this available to the buyer immediately after the buyer’s request.
Article 6: The price
1. During the period of validity stated in the offer, the prices of the products and / or services offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices.
3. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: a. They are the result of statutory regulations or provisions; or b. the buyer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
4. The prices stated in the offer of products or services are exclusive of VAT, unless stated otherwise.
Article 7: Compliance
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations. The buyer accepts that the production method of the entrepreneur can change the properties of the supplied image(s), such as color, contrast, brightness, sharpness and graphic representation.
Article 8: Delivery and implementation
As soon as the purchased item(s) has been received by the buyer, the risk is transferred from seller to buyer.
Article 9: Payment
1. The full purchase price is always paid immediately in the shop. In some cases, a deposit is expected for reservations. In that case, the buyer will receive proof of the reservation and the prepayment.
2. If the buyer does not pay in time, he is in default. If the buyer remains in default, the seller is entitled to suspend the obligations until the buyer has fulfilled his payment obligation.
3. If the buyer remains in default, the seller will proceed to collection. The costs related to that collection will be borne by the buyer.
4. The collection costs are calculated on the basis of the Decree of compensation for extrajudicial collection costs. (Besluit vergoeding voor buitengerechtelijke incassokosten)
5. In the event of liquidation, bankruptcy, seizore or suspension of payment by the buyer, the claims of the seller on the buyer are immediately due and payable.
6. If the buyer refuses to cooperate with the performance of the order by the seller, he is still obliged to pay the agreed price to the seller.
Article 10: Warranty
1. If the product shows a design, material or manufacturing defect, the buyer is entitled to repair or replacement of the product. The buyer is only entitled to replacement if repair of the product is not possible.
2. No warranty applies to damage caused by incorrect use or application of the delivered products.
3. The proof of purchase (order confirmation after payment) counts as a guarantee certificate.
4. If repair or replacement is impossible, the seller has the right to dissolve the agreement and to fully credit the buyer.
Article 11: Complaints procedure
1. Complaints about the implementation of the agreement must be submitted within a reasonable time, fully and clearly described to the entrepreneur, after the buyer has discovered the defects.
2. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the seller will reply within the period of 14 days with a notice of receipt and an indication when the buyer can expect a more detailed answer.
Article 12: Liability
1. The seller is not liable for damage of any kind that arises because the products are used improperly after delivery.
2. The seller is not liable for damage of any kind that arises from the use of the product by the buyer, unless this damage is due to intent or gross negligence of the seller.
3. If the entrepreneur is liable for damage to the buyer as a result of a shortcoming in the implementation of this agreement, the seller’s liability will be limited to a maximum of the amount of the purchase price.
Article 13: Disputes
Only Dutch law applies to agreements between the seller and the buyer to which these general terms and conditions apply.
Article 14: Copyright
All rights to the products offered by the seller are reserved. None of the products purchased by the buyer may be reproduced, stored in an automated database and/or made public in any form or by any means, whether electronic, mechanical, by photocopying, recording or any other way, without the express prior written consent of the seller.