Terms and Conditions

 

These general terms and conditions apply to all agreements, quotations, other transactions, etc. between aquapurity. and the other party, entered into or executed in any form (oral, by telephone, mail, fax, e-mail etc.).

 

ARTICLE 1. Scope

 

1. In these general terms and conditions, the following terms have the following definitions:

 

the supplier: the private company with limited liability under Dutch law ("bvba") Aquapurity, established and working in Oostzaan;

 

Other party: the other party of the supplier (for example a buyer).

 

2. Any deviations from and/or additions to these general terms and conditions are only valid if agreed in writing between the supplier and the other party, and furthermore only apply to the specific agreement for which the deviating provisions have been concluded and apply to the supplier's general terms and conditions. All other general terms and conditions or provisions, including those used by the other party, are hereby explicitly excluded, unless the Supplier explicitly accepts these general terms and conditions or provisions in writing.

 

3. In addition to this, the general terms and conditions of the suppliers of the supplier also apply. In the event of deviations or contradictions between the general terms and conditions and those of suppliers, the conditions applied by the Supplier prevail.

 

4. The general terms and conditions also apply to other agreements, follow-up or additional agreements, including the supplier and the other party, or their legal successor (s).

 

Article 2. Offer, Acceptance and conclusion of the Agreement

 

1. All quotations are without obligation unless they contain a period for acceptance. If a quotation contains a no -obligation offer and the other party accepts this, the supplier has the right to withdraw the offer within ten (10) working days after receiving the acceptance.

 

2. The parties can under no circumstances conclude an agreement but after the supplier has received an order from the other party and has accepted it in writing (by post, fax or e-mail). If the other party's order deviates from the supplier's quotation, the parties cannot in no way conclude an agreement, unless the supplier explicitly and in writing approves this deviation from the quotation.

 

3. Changes to the assignment Binden Supplier, even though the Supplier has issued a quote, only after the Supplier has accepted it in writing within eight (8) days of receiving it whether the work started within eight (8) days. days after receipt. Obvious errors, including typographic errors, are ignored and replaced by correct formulation. These errors cannot give rise to any liability.

 

4. The dimensions, weights and technical data stated in quotations, manuals, catalogs, stock lists, circulars and other promotional material from the supplier, as well as the images contained therein, must be purely for information and are not binding, unless the supplier provides explicit written guarantee for this.

 

5. The other party only has the right to cancel the agreement in the event of considerable deviations between the products delivered and the images, drawings, etc.

 

In addition to the cases mentioned in the previous sentence, the supplier is not liable for these errors or deviations, nor has the other party the right to terminate the agreement.

 

6. Unless otherwise agreed, all prices as indicated on the quotations, without discounts and including VAT or excluding other taxes or taxes.

 

7. If the product has to be sent to a non-EU country, the price is excluding VAT or import duties. The other party is responsible for the settlement of VAT and import duties with local authorities.

 

Article 3. Delivery

 

1. The delivery time starts on the day on which the supplier received the full payment. Delivery times specified by the supplier are not fatal periods, but always without obligation. Nevertheless, the supplier will make every effort to respect it as much as possible.

 

2. A late delivery by the supplier does not in any case entitle the buyer to claim compensation, the refusal of the goods or the whole or partial termination of the agreement.

 

3. Supplier is entitled to execute the agreement in whole or in part as the goods gradually become available. As soon as part of an order has been delivered, the supplier is entitled to payment for this delivery in accordance with the applicable payment conditions.

 

Article 4. Acceptance

 

1. The other party does not have the right to exchange goods delivered by the supplier.

 

2. Unless otherwise agreed, the other party receives the completed order immediately after it is ready or will be made available to the other party. This also applies to parts of assignments.

 

3. If the supplier places an order in whole or in part in storage due to non-acceptance as referred to in the previous paragraph, the supplier is entitled to charge the costs associated with the other party.

 

4. If the other party has still not purchased the order after a period of no later than fourteen (14) days after receipt of a notice of default by the supplier, the supplier is entitled to supply the order or part thereof at his own choice and, if the payment is still out, to invoice it in the usual manner or, if the order still has to be executed, to announce the order in non -annual feature, to announce the order to be exhibited, in non -annual feature to be exhibited, in non -annual feature, to be exhibited, in non -annual feature, in non -ordering, in non -ordering, in non -ordering. injury.

 

Article 5. Force majeure

 

1. If there is a shortcoming that is not attributable to the supplier and there are other circumstances of such a nature that the Supplier cannot reasonably be expected to fulfill the agreement (even if the Supplier cannot deliver due to his own suppliers, regardless of the reasons for it), the delivery obligation will be suspended and the delivery will be suspended and the delivery will be suspended.

 

2. If the extension of the delivery time is more than three (3) months, the Supplier has the right to cancel the agreement for the part not yet executed (in whole or in part), without the other party being entitled to any compensation.

 

3. Onder de betekenis van ‘niet-toerekenbare tekortkoming’ wordt mede verstaan ​​bedrijfsstoringen (zoals als gevolg van oorlog, rellen, overstromingen, verkeersopstoppingen, rantsoenering door openbare nutsbedrijven, gebrek aan middelen om energie op te wekken, brand, kapotte machines en andere ongevallen, stakingen, overheidsmaatregelen en soortgelijke omstandigheden die de normale bedrijfsvoering verstoren en de uitvoering van de opdracht vertragen of redelijkerwijs onmogelijk as well as all circumstances, whether or not foreseeable, outside of the supplier who temporarily or permanently hinder the delivery of the assignment.

 

Article 6. Right of withdrawal

 

1. When purchasing products from the supplier, the other party has the option of dissolving the agreement within fourteen (14) days without giving reasons. This cooling -off period starts on the day after receiving the product by the other party or a representative designated by the other party in advance and reported to the supplier.

 

2. The other party will handle the product and the packaging with care during the cooling -off period. The other party will only unpack or use the product to the extent necessary to be able to assess whether it wants to keep the product. To make use of the right of withdrawal, the other party will return the product, complete with all supplied accessories, undamaged, unused and in the original packaging with unscathed sealing to the entrepreneur, in accordance with the clear and reasonable instructions provided by the entrepreneur. .

 

3. To be able to use the right of withdrawal, the other party must inform the supplier of this within fourteen (14) days of receiving the product. The consumer will inform the supplier of this intention by e-mail. After the other party has made it known to make use of the right of withdrawal, the other party must return the product within fourteen (14) days. The other party must demonstrate a timely return delivery of the delivered goods, for example with a proof of Terpost delivery.

 

4. If the other party did not intend to make use of the right of withdrawal after the periods referred to in paragraphs 2 and 3 or has sent back the product to the supplier, the purchase is complete.

 

5. Return deliveries with a value above € 50 are sent by registered mail.

 

6. The other party bears the costs and risks for products that are incomplete or damaged upon receipt by the supplier.

 

Article 7. Costs of the right of withdrawal

 

1. When exercising his right of withdrawal, the other party bears the costs of the return shipment.

 

2. If the other party has already paid the purchase price for the product sold, the supplier will repay this amount as soon as possible, but no later than within fourteen (14) days after withdrawal. Before a reimbursement, the supplier must first receive the product back. The supplier is not liable for any product or packaging damage, including theft or loss, arising during the return delivery. If the product is not received in accordance with the general terms and conditions, the purchase price will not be reimbursed.

 

3. If the Other Party abuses the right of withdrawal, the entrepreneur has the right to charge the consumer all costs associated with this.

 

Article 8. Exclusion of the right of withdrawal

 

1. The supplier can exclude the right of withdrawal of the other party for products as described in paragraph 2 of this article. Exclusion of the right of withdrawal only applies if the supplier clearly states this in the right of withdrawal

2. Exclusion of the right of withdrawal is only possible for: according to instructions from the other party manufactured products (customized products); D. Products that spoil quickly or have a limited shelf life;

e. Sealed products that are not suitable for returning or whose seal has been broken for health or hygienic reasons;

F. Products that are irrevocably mixed with other products after delivery by their nature;

G. sealed audio/video recordings and software whose seal has been broken after delivery;

H. newspapers, magazines or magazines, with the exception of subscriptions to this;

 

B. Agreements concluded during a public auction. "Public auction" is understood to mean a sales method where the entrepreneur offers products, digital content and/or services to the consumer, who is personally present or has the possibility to be personally present at the auction, under the guidance of an auctioneer, and where the successful bidder is obliged to buy the products, digital content and/or services;

 

 

C. agreements with regard to leisure activities, if a certain date or period for implementation is provided in the agreement;

 

 

 

- The consumer has stated that he or she loses the right of withdrawal for this.

 

 

 

i. Delivery of digital content other than on a material carrier, but only if: - The implementation has started with the explicit prior approval of the consumer; And

 

Article 9. Warranty

 

1. During a certain period of one (1) year after delivery, the supplier guarantees that the goods delivered by the supplier are free from manufacturing and material errors. This warranty does not cover defects that are visible appearance at the time of delivery.

 

2. The warranty does not cover any defects that occur in or in whole or in part of:

 

A. Failure to comply with the operating and maintenance requirements;

 

B. Use of the product that is improper or not in accordance with its normal use of it;

 

C. normal wear;

 

D. assembly, change, installation and/or repair of the product by the other party and/or third parties;

 

e. electrical damage as a result of incorrect use of the product;

 

F. Application by the supplier of any government regulation with regard to the nature and quality of the materials used;

 

G. At the request of the other party, goods, materials and/or working methods offered for processing.

 

3. The supplier acquires the ownership of replaced goods and parts.

 

4. The supplier will repair or replace defective or non-compliant goods or parts thereof that are discovered during the warranty period of one (1) year after delivery, provided that the defect can be qualified as a technical defect. In all cases, the supplier will determine whether the defect is a technical defect. In the event of a defect, the other party must first contact the supplier. If the other party cannot resolve the defect after advice from the supplier, the other party may return the product to the supplier, in which case the other party will pay the transport costs in advance. If a defect appears to be a technical defect (in the opinion of the supplier), the supplier will repair or replace the product without extra costs and with reimbursement of the transport costs. The other party will properly pack the product for transport. In all cases, the risk of transport is based on the other party.

 

5. The warranty lapses if the other party does not comply with its obligations under the agreement and/or these general terms and conditions.

 

6. An appeal to the guarantee does not relieve the other party from its obligations under the agreement and/or these general terms and conditions.

 

7. The other party hereby renounces all claims and theories about liability, including but not limited to claims arising from the contract, an unlawful act, strict liability, product liability, laws or otherwise, insofar as permitted by the law. Replacement or recovery by the supplier does not lead to a new warranty.

 

8. Neither the other party nor third parties have any right to compensation for consequential damage or incidental damage, or to additional compensation or compensation for pain and suffering. This restriction applies regardless of any shortcoming of the supplier in the fulfillment of his warranty or other obligations. Any legal inability to limit the right of the other party or a third party to such compensation, leaves the supplier's right to compensation under this Agreement isolated and the other party will in no case receive more than the purchase price.

 

Article 10. Deviations

 

Material:

 

Small deviations in quality, color, hardness, thickness etc. do not give the other party the right to reject the product.

 

Other raw materials:

 

Subordinate deviations (such as model deviations) from/on articles sent by the supplier do not give the other party the right to reject the product.

 

Delivery errors:

 

If the supplier supplies the wrong products, the other party will immediately report this to the supplier and have it collected the wrong products and deliver the correct products. The other party will carefully store the wrong products.

 

Article 11. Limitation of liability of the supplier

 

1. Without prejudice to the provisions of this article, the supplier is never liable for shortcomings or misconduct towards the other party or third parties above the amount paid out by his liability insurer with regard to the damage.

 

2. The Supplier is never liable for loss of income or for costs related to interruption, stilling and/or resumption of the operation of a company or work or a part of a company or work, or stagnation and/or damage to work, caused by a defect in the product sold.

 

3. Supplier is never liable for direct or indirect damage, both equipment and intangible, resulting from the use of the supplier's products.

 

Article 12. Complaints

 

1. Any complaints must be submitted in writing within eight (8) days of receipt of the products, with the submission of the necessary evidence that the complaint relates to the delivery/performance of the supplier. If the other party has not properly inspected the delivered product within eight (8) days of receipt, the delivery is considered properly completed. Supplier is not responsible for the final suitability of the products and/or performance or of individual applications, nor for his advice.

 

2. The other party will in no way assert claims against the supplier after the other party has put the product or part thereof into use, has changed or processed, put into use, made it available to third parties and/or broke. /his seal disturbed.

 

3. Complaints never give the other party the right to withholding funds (due to settlement or in a other way) or to partial payment, not even by means of a conservatory seizure of the other party.

 

4. Defects With part of the delivery, the other party does not give the right to reject the entire delivery.

 

5. If the delivered products and/or services are provided with a factory warranty or any form of warranty or liability of third parties, what also called, contains, the Supplier does not accept any liability for the soundness of the delivery/performance and all guarantees on the Supplier are excluded.

 

6. If the supplier handles a complaint, this does not apply as proof of the merits or timely submission of the complaint.

 

Article 13. Scheideability, Jurisdiction, Applicable Law

 

1. If any provision of these General Terms and Conditions is declared void for conflict with provisions of mandatory law, the parties will supplement or change the agreement in a manner that does as much as possible to the intention of the parties as indicated in the agreement.

 

2. All disputes that may arise as a result of the agreement between the supplier and the other party will be settled in the first instance by the competent court in the Arnhem district.

 

3. All transactions with the supplier only apply Dutch law, with the express exclusion of the United Nations Convention on Contracts for the International Sale of goods (CISG).