General terms and conditions
Please note: no rights can be derived from these general terms and conditions.
If you have any doubts about its contents, consult a lawyer.
Table of contents:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - Conclusion of the agreement
Article 6 - Execution of the agreement
Article 7 - Delivery
Article 7A - Packaging and transport
Article 8 - Investigation, complaints
Article 9 - Prices
Article 10 - Payment and collection policy
Article 11 - Warranty
Article 12 - Suspension and termination
Article 13 - Limitation and liability
Article 14 - Transfer of risk
Article 15 - Force Majeure
Article 16 - Intellectual property rights
Article 17 - Privacy, data processing and security
Article 18 - Complaints
Article 19 - Applicable law
Article 1 - Definitions
1. In these general terms and conditions the following terms are used in the
following meaning used, unless expressly stated otherwise.
2. AquaRing.nl is a website of AquaRing.nl .
3. Consumer: Natural person who (does not) act in the exercise of his/her
profession or business.
4. Buyer: The Consumer who enters into a (remote) agreement with the Seller.
5. Company: The natural or legal person acting in the exercise of a profession or business.
6. Offer: Any written offer to the buyer to supply Products by AquaRing .
7. Products: the products supplied by AquaRing are hobby items offered.
8. Agreement: the purchase agreement (at a distance) that aims at the sale and
delivery of products purchased by buyer from AquaRing .
9. Website: the website operated by AquaRing is used AquaRing.nl
Article 2 - Identity of the entrepreneur
Karaviamsterdam.nl
Located at: on request
Email address: infoaquaring.nl@gmail.com .
Chamber of Commerce number: on request
VAT identification number: on request
Article 3 - Applicability
- These general terms and conditions apply to every Offer from AquaRing and any agreement between AquaRing and a buyer and on any product that AquaRing is offered. These conditions also apply to all agreements with AquaRing , for the implementation of which third parties must be involved.
- Before an agreement (at a distance) is concluded, the buyer will be provided with these general terms and conditions. If this is not reasonably possible, the buyer will be informed at the buyer's request of how the buyer can view the general terms and conditions, which in any case can be found on the website(s) of AquaRing are published so that the buyer can easily save these general terms and conditions on a durable data carrier.
- Deviation from these general terms and conditions is in principle not possible. The applicability of any (other) general or (purchase) conditions of the buyer is expressly rejected. All with AquaRing agreed orders are only the general terms and conditions of AquaRing applicable. In exceptional situations, the general terms and conditions may be deviated from if this is explicitly agreed in writing. AquaRing has been agreed.
- These general terms and conditions also apply to additional, amended and subsequent agreements with the buyer.
- If one or more provisions of these general terms and conditions are or become partially or completely null and void, the other provisions of these general terms and conditions will remain in force and the null and void/annulled provision(s) will be replaced by a provision with the same purport as the original provision.
- Any ambiguities regarding the content, explanation or situations not covered by these general terms and conditions must be assessed and explained by the author ( AquaRing ) of these general terms and conditions.
Article 4 - The Offer
- All by AquaRing Offers made are without obligation, unless expressly stated otherwise in writing. If the offer is limited or valid under specific conditions, this will be explicitly stated in the offer. A quotation only exists if it has been recorded in writing.
- The by AquaRing made offers are without obligation. On request, the offer is only bound if the acceptance thereof is confirmed in writing by the Buyer within 30 days, or because AquaRing sends an invoice based on what the buyer has purchased and recorded in writing on site. Nevertheless, AquaRing has the right to enter into an agreement with a potential buyer for a AquaRing valid reason to refuse.
- The offer contains a complete and accurate description of the product offered. The description is detailed enough to enable the buyer to make a proper assessment of the offer. Obvious mistakes or errors in the offer may AquaRing not binding. The images and specific data in the offer are only an indication and cannot be grounds for any compensation or termination of the agreement (remote). AquaRing cannot guarantee that the colours in the image exactly match the real colours of the product.
- Delivery times on the website of AquaRing are indicative and do not entitle the buyer to cancellation or compensation if they are exceeded, unless expressly agreed otherwise.
- A composite quotation is required AquaRing not to deliver part of the items included in the offer or quotation for a corresponding part of the stated price.
- In principle, no offers are made. If and to the extent that an offer is made, this does not automatically apply to repeat orders. Offers are only valid until stocks last, and according to the 'as long as supplies last' principle as stated in the offer.
Article 5 - Conclusion of the agreement
- The agreement is concluded at the moment that the buyer makes an offer of AquaRing has accepted by paying for the product in question.
- An Offer can be made by AquaRing be done via the webshop.
- If the buyer has accepted the offer by entering into an agreement with AquaRing , will AquaRing confirm the agreement with the buyer in writing by e-mail.
- If the acceptance (on minor points) deviates from the offer included in the quotation or invoice, AquaRing is not bound by this. The buyer must pay the entire offer or invoice, unless the buyer can demonstrate that otherwise has been agreed.
- On request, an offer is not binding if the buyer could reasonably have expected or should have understood or should have understood that the offer contained an obvious mistake or typo. The buyer cannot derive any rights from this mistake or typo.
- Agreements or contracts may only be entered into by authorized personnel, employed or hired persons of AquaRing who are authorized to represent and have written power of attorney.
- Consumers can exercise their right of withdrawal within 14 days. The right of withdrawal is excluded if the buyer is a company.
Article 6 - Execution of the agreement
- AquaRing will execute the agreement to the best of its knowledge, ability and in accordance with the requirements of good workmanship.
- If and to the extent that proper performance of the agreement so requires, AquaRing has the right to have certain work carried out by third parties at its own discretion.
- The buyer shall ensure that all data, of which AquaRing indicates that these are necessary or that the buyer should reasonably understand that they are necessary for the performance of the agreement, in a timely manner AquaRing will be provided. If the data required for the execution of the agreement are not provided in a timely manner, AquaRing have been provided, has AquaRing the right to suspend the performance of the agreement and/or to charge the buyer for additional costs resulting from the delay at the usual rates.
- AquaRing is not liable for damage of any nature whatsoever that has arisen because AquaRing has assumed incorrect and/or incomplete information provided by the buyer, unless this incorrectness or incompleteness is attributable to AquaRing. AquaRing was known.
- Buyer indemnifies AquaRing for any claims by third parties who suffer damage in connection with the performance of the agreement and which is attributable to the buyer.
Article 7 - Delivery
- In principle, delivery takes place from our supplier.
- Shipping of the products is free.
- If the commencement, progress or delivery of the services is delayed because, for example, the buyer has not provided all the requested information or has not provided it in a timely manner, has not provided sufficient cooperation, or the (down) payment has not been received (in a timely manner) by AquaRing or due to other circumstances beyond the control of AquaRing has some delay, AquaRing is entitled to a reasonable extension of the delivery period. All agreed delivery periods are never fatal periods. The buyer must AquaRing.nl Amsterdam in writing to give notice of default and to grant them a reasonable period to still be able to deliver. Buyer is not entitled to any compensation due to the delay that has arisen.
- The buyer is obliged to take delivery of the goods at the time they are made available to him in accordance with the agreement, even if they are offered to him earlier or later than agreed.
- If the buyer refuses to accept delivery or fails to provide information or instructions necessary for delivery, AquaRing is entitled to store the goods at the expense and risk of the buyer.
- If AquaRing requires information from the buyer in the context of the execution of the agreement, the delivery time commences after the buyer has provided this information to AquaRing. has made available.
- If K has specified a delivery period, this is indicative. For deliveries outside the Netherlands, longer delivery periods apply than those specified on the website. This period depends on the delivery time of the warehouse.
- AquaRing is entitled to deliver the goods in parts, unless otherwise agreed in the agreement or the partial delivery has no independent value. AquaRing is entitled to invoice the goods delivered separately.
- The buyer is responsible for the import and payment of VAT and any import duties on the products purchased by the buyer.
Article 7A - Packaging and transport
- AquaRing undertakes to the client to have the goods to be delivered properly packaged by the supplier and to secure them in such a way that they reach their destination in good condition during normal use.
- Unless otherwise agreed in writing, all deliveries are exclusive of sales tax (VAT), exclusive of packaging and packaging materials.
- Acceptance of goods without any comments or remarks on the consignment note/invoice is considered proof that the packaging is in good condition at the time of delivery.
- The buyer is deemed to be in possession of any required import and/or payment permits. The absence or withdrawal of these permits does not release the buyer from the obligation to accept the goods in the agreed manner. If the goods are not accepted by If AquaRing is not sold cleared, the buyer cannot derive the right to cancel the order. If the buyer has to pay import duties, these costs are entirely at the expense and risk of the buyer. The right to cancel the order can also not be derived from a change in any quality regulations and/or objections made by third parties to the goods on the grounds of patents, trademarks and other rights.
- The risk of molestation is always borne by the buyer.
Article 8 - Investigation, complaints
- The buyer is obliged to examine the delivered product at the time of delivery, but in any case within fourteen days after receipt of the delivered product, but to unpack or use it to the extent necessary to be able to assess whether he will keep the product. In doing so, the buyer must examine whether the quality and quantity of the delivered product correspond with the agreement and whether the products meet the requirements that apply to them in normal (commercial) traffic.
- The buyer is obliged to investigate how the product should be used and, in the case of personal use, to test the product in accordance with the instructions for use. AquaRing accepts no liability for incorrect use of the product by the purchaser, nor for incorrect advice given by the purchaser to the purchaser's customers.
- Any visible defects or shortages must be reported in writing after delivery. AquaRing must be reported to infoaquaring.nl@gmail.com. The buyer has a period of 14 days after delivery to do so. Non-visible defects or shortages must be reported within one month after discovery, but no later than six months after delivery. In the event of damage to the product due to careless handling by the buyer himself, that person is liable for any reduction in value of the product.
- If the buyer wishes to return defective items, this will only be done with the prior written consent of AquaRing in the manner as stated by AquaRing indicated. Returning items is at the sole discretion of AquaRing .
- If the buyer exercises his right of withdrawal, he will, if in the opinion of the buyer, AquaRing is necessary, return the product and all accessories, to the extent reasonably possible, in their original condition and packaging to AquaRing, in accordance with the return instructions of AquaRing.
- Refunds will only be made if agreed in writing with AquaRing.
- Refunds to the buyer will be processed as soon as possible, but no later than 30 days after receipt of the return request. Refunds will be made to the previously provided account number.
- If the buyer exercises his right to complain, he has no right to suspend his payment obligation nor to offset outstanding invoices.
- In the absence of a complete delivery, and/or if one or more products are missing, and this is AquaRing is due, will AquaRing, after a request from the buyer, will send the missing product(s) via their supplier or cancel the remaining order (with reimbursement of the overpayment). The confirmation of receipt of the products is leading in this. Any damage suffered by the buyer as a result of the deviating size of the delivery cannot be recovered from AquaRing.
- Complaints are not possible if the buyer has ordered the wrong products or had incorrect expectations of the product in question.
Article 9 - Prices
- During the period of validity of the offer, the prices of the products offered will not be increased, except in the event of changes in VAT rates.
- The prices stated in the offer are exclusive of VAT and other government levies as well as shipping and any transport and packaging costs, unless expressly stated otherwise. For consumers, the price is shown exclusive of VAT.
- The prices as stated in the offer are based on the cost factors applicable at the time of concluding the agreement, such as: import and export duties, freight and unloading costs, insurance and any levies and taxes. Any advantageous and disadvantageous differences at the time of arrival, shipping or delivery will be to the benefit or to the expense of the buyer.
- In the case of products where there are price fluctuations on the financial market and over which AquaRing has no influence, AquaRing offer these products with variable prices. The offer states that the prices are target prices and can fluctuate.
- Price increases may be made three months after the conclusion of the agreement AquaRing can be applied at your own discretion. If price increases occur within these three months, this can only be the result of a legal regulation.
Article 10 - Payment and collection policy
- Payment must be made in advance by bank transfer. Objections to the amount of the invoices must be reported within 7 days after the invoice date but do not suspend the payment obligation.
- The buyer cannot derive any rights or expectations from a previously issued estimate, unless the parties have expressly agreed otherwise.
- The buyer must pay these costs at once via the payment methods indicated on the webshop. Except in special circumstances, the buyer can only pay after explicit and written permission from AquaRing may agree on a further term within which the amount due must be paid.
- AquaRing has the right to apply the payments made by the buyer. Firstly, to reduce the costs, then to reduce the accrued interest and finally to reduce the principal and the current interest. AquaRing may, without being in default, refuse an offer of payment if the buyer specifies a different order for the allocation. K AquaRing may refuse full repayment of the principal if this does not also include the outstanding and current
Article 12 - Suspension and termination
- AquaRing is authorized to suspend the fulfillment of the obligations or to terminate the agreement if the buyer does not or does not fully fulfill the (payment) obligations under the agreement.
- Moreover, AquaRing authorized to dissolve the agreement(s) existing between it and the buyer, insofar as they have not yet been executed, without judicial intervention, if the buyer does not timely or properly fulfill the obligations arising from any agreement with AquaRing concluded agreement.
- Furthermore, AquaRing authorized to terminate the agreement without prior notice of default if circumstances arise which are of such a nature that compliance with the agreement is impossible or can no longer be reasonably expected, or if circumstances otherwise arise which are of such a nature that continued existence of the agreement unchanged cannot reasonably be expected.
- If the agreement is terminated, the claims of AquaRing is immediately due and payable by the buyer. If If AquaRing suspends the fulfillment of its obligations, it retains its claims under the law and the agreement.
- AquaRing always reserves the right to claim damages.
Article 13 - Limitation of liability
- If the execution of the agreement by AquaRing leads to liability of AquaRing's liability towards the buyer or third parties is limited to the amount incurred in connection with the agreement AquaRing charged costs. Liability is in any case limited to the amount of damages that is paid out by the insurance company per situation.
- The liability of AquaRing is further limited to the free repair of a defective item or the replacement of that item - or a part thereof - all at the discretion of AquaRing .
- AquaRing is not liable for consequential damage, indirect damage, business damage, loss of profit and/or loss incurred, missed savings, damage due to business stagnation and damage resulting from the use of AquaRing delivered products. For consumers, the limitation extends to what is permitted pursuant to article 7:24 paragraph 2 BW.
- AquaRing is not liable for damage that is or may be the result of any action or omission based on (incomplete and/or incorrect) information on the website(s) or linked websites.
- AquaRing is not responsible for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or the unavailability of the website for any reason whatsoever.
- AquaRing does not guarantee the correct and complete transfer of the content of and by/on behalf of AquaRing sent email, nor for its timely receipt.
- All claims of the buyer due to shortcomings on the part of AquaRing will expire if it is not reported in writing and with reasons to AquaRing within one year after the buyer became aware or could reasonably have become aware of the facts on which he bases his claims.
- AquaRing expressly rejects all liabilities and claims of the buyers and third parties who have suffered (physical) damage through the use of the products. The products should only be used in accordance with the instructions for use and never exceed the daily amount. In case of medication use, the buyer should always consult his/her family doctor.
- Any advice given regarding the use of the products by AquaRing is only general and non-binding in nature. Each buyer must judge for himself on his own responsibility whether the product is suitable for him. In case of doubt, the (family) doctor of the buyer should be contacted for an assessment for the use in the specific case.
- The personal care products as well as electrical appliances should be kept out of reach of young children. In addition, the products should be stored according to the instructions for use determined per product. AquaRing recommends consulting an expert before using the personal care products in case of pregnancy, lactation, use of medication and in case of doubt about hypersensitivity to any of the ingredients.
Article 14 - Transfer of risk
The risk of loss or damage to the products forming part of the agreement shall pass to the buyer at the time the goods leave the warehouse of the supplier. Leaving AquaRing. Even if the goods are placed in the power of the buyer and/or third parties, the risk is transferred to the buyer.
Article 15 - Force Majeure
- AquaRing shall not be liable if it is unable to fulfil its obligations under the agreement as a result of a force majeure situation, nor shall it be held to fulfil any obligation if it is prevented from doing so as a result of a circumstance that is not its fault and for which it is not responsible under the law, a legal act or generally accepted views.
- Force majeure is in any case understood to mean, but is not limited to, what is understood in law and case law, (i) force majeure of suppliers of AquaRing, (ii) failure to properly fulfill obligations of suppliers, (iii) defects in items, equipment, software or materials of third parties, (iv) government measures, (v) power failure, (vi) failure of internet, data network and telecommunication facilities (for example due to: cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes in the company of AquaRing and (xi) other situations that in the opinion of AquaRing is outside its sphere of influence and which temporarily or permanently prevent it from fulfilling its obligations.
- AquaRing has the right to invoke force majeure if the circumstance that prevents (further) compliance occurs after AquaRing should have fulfilled her commitment.
- Parties may suspend their obligations under the agreement for the duration of the force majeure. If this period lasts longer than two months, either party shall be entitled to terminate the agreement without any obligation to pay damages to the other party.
- As far as AquaRing at the time of the occurrence of force majeure, the Supplier has already partially fulfilled its obligations under the agreement or will be able to fulfil them, and the part to be fulfilled has an independent value, AquaRing is entitled to invoice the part already or to be fulfilled separately. The buyer is obliged to pay this invoice as if it were a separate agreement.
Article 16 - Intellectual property rights
- All IP rights and copyrights of AquaRing is exclusively owned by AquaRing and are not transferred to the buyer and/or user.
- The buyer is prohibited from copying any documents on which the IP rights and copyrights of AquaRing to disclose and/or reproduce, modify or make available to third parties without the express prior written consent of AquaRing. If the buyer wishes to make changes to the Items delivered by AquaRing must be AquaRing to explicitly agree to the proposed changes.
- The buyer is prohibited from using the products on which the intellectual property rights of AquaRing may not be used in any way other than as agreed in the agreement.
- If the buyer infringes the intellectual property rights of If AquaRing determines or otherwise suspects a (possible) infringement of IP rights and copyrights, the buyer will notify Please inform AquaRing of this as soon as possible.
Article 17 - Privacy, data processing and security
- AquaRing handles the (personal) data of the buyer and users of the website(s) with care and will only use it in accordance with the privacy statement. If requested, AquaRing will inform the person concerned about this. Questions about the processing of personal data and further information can be sent by e-mail to infoaquaring.nl@gmail.com
- If If AquaRing is required to provide for the security of information under the agreement, this security will comply with the agreed specifications and a level of security that is not unreasonable given the state of the art, the sensitivity of the data, and the associated costs.
Article 18 - Complaints
- If the buyer is not satisfied with the service or products of AquaRing or otherwise has complaints about the purchase agreement, the buyer is obliged to report these complaints as soon as possible, but no later than 2 weeks after the relevant reason that led to the complaint. Complaints can be reported via infoaquaring @gmail .com with the subject “complaint”.
The complaint must be sufficiently substantiated and/or explained by the buyer, AquaRing can handle the complaint.
AquaRing will respond to the complaint as soon as possible, but no later than 5 working days after receipt of the complaint.
The parties will attempt to reach a solution together.
Article 19 - Applicable law
- On any agreement between AquaRing and the buyer are subject to Dutch law. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.
- In the event of any interpretation of the content and scope of these general terms and conditions, the Dutch text shall always prevail. AquaRing is entitled to unilaterally amend these general terms and conditions.
- All disputes arising from or in connection with the agreement between AquaRing and the buyer shall be settled by the competent court in Amsterdam, unless mandatory provisions of law lead to the jurisdiction of another court.