GENERAL TERMS AND CONDITIONS OF AGOSSIE
Article 1 - Definitions
Article 2 - Identity of the company
Article 3 - Applicability
Article 4 - Offer
Article 5 - Contract
Article 6 - Force Majeure
Article 7 - Right of withdrawal
Article 8 - Costs in case of withdrawal Article 9 - Price
Article 10 - Compliance and guarantee Article 11 - Delivery and execution
Article 12 - Payment
Article 13 - Liability
Article 14 - Complaints
Article 15 - Disputes
Article 16 - Additional or varying provisions
Article 1 - Definitions
In these conditions apply:
Company: AGOSSIE, as identified in article 2.
Consumer: the natural person not acting in the course of a profession or business and
who enters into a distance contract with the company.
Day: calendar day,
Long-term data carrier: every means that enables the Consumer or Company to store
information that is addressed to him in person in a way that facilitates future
consultation and unaltered reproduction of the stored information,
Grace period: The period within which the consumer can exercise his right of
Right of withdrawal: Consumer’s possibility not to proceed with the distance agreement
within the grace period.
Distance contract: a contract whereby sole use is made of one or more techniques for
distance communication within the framework of a system organised by the Company for the distance sale of products and/or services, up to and including the moment that the contract is concluded.
Technology for distance communication: means that can be used to conclude a contract, without the Consumer and the Company being together in the same place at the same time.
Article 2 — Identity of the company
AGOSSIE, established at Prinses Julianalaan 49, 3062DD Rotterdam, The Netherlands E-mail: email@example.com
Chamber of Commerce registration number: 63771233
VAT identification number: NL339499722B01
Article 3 – Applicability
These General Terms and Conditions apply to every offer made by AGOSSIE and to every distance contract that is realised between AGOSSIE and the Consumer.
Prior to the conclusion of a distance contract, the text of these General Terms and Conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, that the General Terms and Conditions are available for inspection at the trader’s premises and that they will be sent free of charge to the consumer, as quickly as possible, at the consumer’s request.
If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the Consumer will be provided with the text of these General Terms and Conditions electronically, in such a way that the Consumer can easily store them on a long-term data carrier. If this is not reasonably possible, then before concluding the distance contract, the Company will indicate where the General Terms and Conditions can be inspected electronically and that at his or her request they will be sent to the Consumer free of charge, either electronically or in some other way.
If the contract is signed electronically, notwithstanding the preceding paragraph and before the contract is finalised, the text of these General Terms and Conditions will be made available to the Consumer in such a way that they can be stored in a simple way on a durable data storage medium. If this is not reasonably possible, before the contract is concluded, it will be indicated where the general conditions can be viewed electronically and that they will be sent free of charge, electronically or otherwise, at the request of the Consumer.
Article 4 — Offer
• • • • • •
If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
The offer contains a complete and accurate description of the products and/or services being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the Company makes use of images, these will be a true representation of the products and/or services being offered. The Company is not bound by obvious errors or mistakes in the offer.
Every offer will contain such information that makes it clear to the Consumer what rights and obligations are involved in accepting the offer. This includes, in particular:
the price, including VAT tax for consumers within European Union;
any costs of delivery;
the way in which the contract shall be concluded and which actions this will require; whether or not the right of withdrawal applies;
the method of payment, delivery and implementation of the contract;
the period for accepting the offer or the period for which the Company guarantees the price;
whether a contract is filed subsequent to its conclusion, and if so, the way in which this can be accessed by the consumer;
the way in which the Consumer can obtain information about the data he or she has provided for in the course of the contract, as well as the way he or she can rectify these before the contract is concluded;
Article 5 — Contract
The contract will be concluded, subject to that which is stipulated in paragraph 4, at the moment at which the Consumer accepts the offer and the conditions thereby stipulated have been fulfilled.
If the Consumer has accepted the offer electronically, the Company will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed by the Company.
If the contract is concluded electronically, the Company will take suitable technical and organisational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, the Company will take suitable security measures.
The Company may obtain information – within statutory frameworks – about the consumer’s ability to fulfil his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives the Company proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
Article 6 – Force Majeure
The Company is not liable for any damage resulting from a delay in delivery or non- delivery caused by circumstances that prevent the fulfilment of the obligation imposed on the Company, because they are beyond his control, nor under the law, a legal act or generally accepted as accounted for by – but not limited to – war, threat of war, civil war, insurrection, a government-declared national mourning, strikes, transport difficulties, trade restrictions, problems with customs authorities, fire , flood, earthquake, collapse of the retailer engaged third parties, failure or untimely delivery of goods by suppliers of vendor, disruptions in the regular supply of goods to be delivered by third parties, including water, electricity and other serious disruptions in the business of seller or third parties engaged.
If the seller is unable to fulfil his obligations under the contract, by force majeure or untimely events, the seller shall be entitled to execute the agreement within a reasonable period or – if fulfilment within a reasonable period is not possible – to dissolve the agreement in full or partially, without being liable to pay any compensation to the Consumer.
Article 7 — Right of withdrawal
When purchasing products, a Consumer has the possibility of terminating the contract, without providing a reason, during 14 days. This grace period starts on the day after the product was received by the Consumer or a representative previously designated by the Consumer and announced to the Company
During the grace period the Consumer will treat the product and its packaging with care. He or she will only unpack or use the product as far as necessary in order to be able to assess whether he or she wishes to retain the product. If he or she wishes to exercise the right of withdrawal, then he or she will return the product to the Company, with all associated components, and – in as far as this is reasonably possible – in the original state and packaging, in accordance with the reasonable and clear instructions that were provided by the Company.
Article 8 - Costs in case of withdrawal
If a consumer makes use of his right of withdrawal, he shall be responsible for, at most, the costs of returning the goods.
If the consumer has paid a sum, the Company will refund this sum as quickly as possible, though at the latest within 30 days after the goods were returned or after the withdrawal.
Article 9 - Price
During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes in VAT-tariffs.
Prices of products or services stated in offers will include VAT for customers within the European Union.
Shipping cost will be clearly stated as a separate item before the contract is concluded.
Article 10 - Compliance and guarantee
The Company guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability and legal provisions and / or regulations of the Dutch government existing on the date of the conclusion of the agreement.
A guarantee arrangement offered by the Company, manufacturer or importer does not affect the legal rights and claims that a Consumer, as a result of the contract, can enforce against the Company.
Article 11 - Delivery and execution
The Company exercise the best possible care when receiving and executing product orders.
The place of delivery is the address that the Consumer has made known to the Company.
Subject to what is stated in Article 4 of these General Terms and Conditions, the Company will execute accepted orders expeditiously but not later than 30 days, unless a different delivery period has been agreed. If delivery is delayed or if an order cannot be executed or can only be executed partially, the Consumer will be informed about this no later than 30 days after placing the order. In this case, the Consumer has the right to terminate the contract without penalty.
After dissolution in accordance with the preceding paragraph, the operator the amount paid by the consumer to repay immediately.
The risk of damage and / or loss of products rests upon the Company up to the moment of delivery to the Consumer or a representative previously designated by the Consumer and announced to the Company, unless otherwise expressly agreed.
Article 12 — Payment
1. Payments must be settled in advance, prior to the Company sending the products to the Consumer, by using the means of payment made available by the Company.
2. The Company is free to change the offered means of payment at any time.
3. The Consumer is obliged to report immediately to the Company any inaccuracies in payment data provided or stated.
Article 13 — Liability
By purchasing a Company’s product the Consumer is considered to have taken full responsibility for the safe and mindful use of the product.
The Consumer is obliged to read and understand all safety guidelines and use instructions provided by the Company before using a Company’s product.
The Company shall not be held liable for any accidents that occur as a result of any misuse of its products.
Article 14 — Complaints
1. The Company has a sufficiently advertised complaints procedure in place and handles complaints in accordance with this complaint procedure.
2. Complaints concerning the execution of the contract must be fully and clearly described and submitted to the Company within a reasonable time after the Consumer has discovered the defects.
3. Complaints submitted to the Company will be replied within a period of 14 days from the day of receipt. Should a complaint require a foreseeable longer time for handling, the Company will reply within 14 days, confirming receipt and indicating when the consumer can expect a more detailed reply.
4. If a complaint cannot be resolved by mutual agreement, this will result in a dispute that is subject to the settlement of disputes.
Article 15 — Disputes
Contracts concluded between the Company and the Consumer to which these General Terms and Conditions apply, are exclusively governed by Dutch law.
Insofar as not dictated otherwise by mandatory law, any disputes ensuing from the contract will be submitted to the competent Dutch court in the district where the Company has its registered office.
If any provision set out in these General Terms and Conditions should prove to be invalid, this will not affect the validity of the General Terms and Conditions as a whole. In that case, the Parties will lay down one or more new provisions in replacement which will reflect the original provision as much as is possible under the law.
The term ‘written’ in these General Terms and Conditions also refers to communication by email and fax, provided that the sender’s identity and the integrity of the email message have been sufficiently established.
Article 16 — Additional or varying provisions
Additional provisions or provisions varying from these General Terms and Conditions may not prejudice the interests of the consumer and must be recorded in writing or in such a way that the Consumer can store them in an accessible manner on a long-term data carrier.