1.1. These terms and conditions apply to all offers and all agreements regarding the webshop of AjuParaplus.
1.2. If any provision of these terms and conditions are invalid or invalidated, the other provisions of these General Terms and Conditions will remain in full force and AjuParaplus and its contracting party will enter into consultation for the purpose of agreeing on new provisions to replace the invalid or invalidated provisions, where the objective and meaning of the invalid or invalidated provision are considered as much as possible.
1.3. Deviation of these General Terms & Conditions is only possible after explicit confirmation by AjuParaplus in writing, in which case the other provisions of these general terms and conditions will remain in full force.
1.4. The applicability of the general terms and conditions invoked by the contracting party is explicitly rejected.
1.5. “Contracting party” is defined as every natural person or legal person with a contractual relationship with AjuParaplus.
1.6. The website of AjuParaplus targets exclusively the Dutch market.
1.7. AjuParaplus has the right to adjust these General Terms and Conditions from time to time.
1.8. By using the website of AjuParaplus and/or placing an order, the contracting party accepts these General Terms and Conditions as well as all other rights and duties stated on the website.
1.9. AjuParaplus is allowed to outsource activities to third parties when carrying out an agreement with the contracting party.
2. Orders and agreements
2.1. An order from the potential buyer is made when the potential buyer has entered his personal data on the website and the data has been sent electronically to Ajuparaplus and received by AjuParaplus.
2.2. An agreement, including any change or supplementation hereto, takes first binding effect for AjuParaplus when an order confirmation has been issued to the buyer, by e-mail or other means. This agreement can be revoked by AjuParaplus in case the buyer does not meet the requirements or has failed to do so in the past. In that case, AjuParaplus will report such findings to the buyer within ten (10) days after receiving the order.
2.3. Buyer and AjuParaplus explicitly agree that, when using electronically means of communication, a valid agreement comes into effect after meeting the requirements specified in article 2.1 and 2.2. In particular the lack of a written signature does not reduce the binding force of the offer and the acceptance thereof. In that case the electronic files of AjuParaplus count, as far as the law allows, as a presumption of proof.
3.1. All prices are expressed in Euros, in accordance with the legal regulations, and include Value Added Tax (BTW).
3.2. Special offers are only valid as long as the stock permits.
3.3. The buyer owes the price as defined by AjuParaplus in the order confirmation in accordance with article 2.2 of these General Terms and Conditions. Any (manipulation) errors in the quotation, such as evident flaws, can be corrected by AjuParaplus, even after reaching the agreement.
3.4. Shipping costs will be separately mentioned on the website.
4.1. Orders through the web shop should be paid by 100% down payment. AjuParaplus can include other payment options in the future. Other payment options will be announced on the website.
4.2. The costs, both in and out of court, caused by non-fulfilment, late fulfilment or improper fulfilment of the obligations of the buyer, are payable by the buyer.
4.3. AjuParaplus is permitted, in case of untimely payment by the buyer, to directly dissolve the agreement or delay the delivery to the moment that the buyer has completed his payment duties, including the payment of due interest and other costs.
5. Delivery and delivery time
5.1. Orders will be delivered as quickly as possible. AjuParaplus aims to send the products within three days after receiving the order. An agreed delivery time is always indicative and neither a deadline, nor can any rights be derived from exceeding the delivery time. AjuParaplus can announce information regarding delivery times on the website or by other written means. Such information is always indicative.
5.2. When the buyer orders a product that is temporarily not in stock, an indication of the day that the product will be available will be displayed. AjuParaplus aims at notifying any delays to the buyer.
5.3. Deliveries will take place on the address as specified by the buyer during the order placement.
5.4. Immediately after the goods have been delivered, the buyer bears the risk for all direct and indirect damage that maybe caused to or by these goods or components. The buyer also bears the risks of transportation from the moment of delivery.
6. Revoke rights
6.1. The buyer may exercise his revoke right within fourteen (14) working days after delivery of the product, without penalty and without stating reasons, by contacting us through firstname.lastname@example.org. The buyer can claim guarantee provisions only when the product and the packaging are in original, complete, undamaged and unused conditions. All sent documentation, proof of guarantee and packaging materials should be included in the return delivery.
6.2. AjuParaplus is never liable for any damage, theft or loss of the product or packaging during the return delivery.
6.3. The costs of the return delivery of the product are for the buyer.
6.4. In case the buyer exercised his revoke right as mentioned in the previous articles, AjuParaplus will have to reimburse the cash value of the delivered goods within fourteen (14) days.
7.1. The ownership of the goods, whether handled or unhandled, is transferred to the contracting party at the moment that the buyer pays AjuParaplus the full amounts payable pursuant to the agreement, including costs and damages from products and/or services from this order.
7.2. The buyer is not permitted to print or resell the products, even after the ownership of the goods have been transferred to the buyer.
8.1. AjuParaplus is never bound to financially compensate the buyer or other parties, unless the damage was caused by intention or guilt. AjuParaplus is not liable for any indirect loss or damage incurred or damage regarding loss of income or profit.
8.2. In case AjuParaplus is obliged to financially compensate the buyer, the amount will always be limited to the invoice amount related to the product and/or service that caused the damage.
8.3. AjuParaplus disclaims all liability if:
- the defects are (partly) the result of normal wear, injudicious or incorrect handling or use, injudicious or incorrect maintenance.
- the product is employed for purposes other than normal purposes or used incorrectly (i.e. used as a walking stick, etc.).
8.4. The buyer does not hold AjuParaplus liable for any claims resulting from third parties, unless the law strictly prohibits such damages and costs to be accounted to the buyer.
9. Force majeure
9.1. In case of force majeure, AjuParaplus is not obliged to fulfil its obligations to the buyer. The respective obligations will be postponed for the entire duration of the force majeure.
9.2. In these terms and conditions, force majeure is understood to mean any circumstance that is independent of the will of AjuParaplus, even if this could have been foreseen when the agreement was entered into, which temporarily or permanently hinders the fulfilment of the agreement, including but not limited to transport difficulties, fire, days not worked because of unsuitable weather and other disruptions to the business of AjuParaplus or its suppliers.
10. Intellectual property
10.1. The buyer explicitly acknowledges that all intellectual or industrial property rights relating to the products to be delivered pursuant to the agreement and or associated designs, documentation, reports, offers and associated preparatory material lie exclusively with AjuParaplus, suppliers or other entitled parties.
10.2. Intellectual property rights include patents, copyrights, trademarks and other (intellectual property) rights, including technical and commercial know-how, methods and concepts.
10.3. The buyer is not allowed to modify any intellectual property rights as described in this article.
11. Personal data
11.1. AjuParaplus will process the personal data of the buyer in accordance with the privacy statement, which is included in the website.
11.2. AjuParaplus fully respects the applicable laws and regulations regarding the processing of personal data.
12. Applicable law
12.1. Dutch law applies to the offers/agreement and further agreements.
13.1. AjuParaplus resides at Amsterdam, The Netherlands, Spuistraat 247-4 and is registered at the Chamber of Commerce in Amsterdam under number 64574350. Please send all correspondence regarding these General Terms and Conditions to AjuParaplus at the address mentioned above or the e-mail address mentioned on the website.
13.2. AjuParaplus aims to answer received e-mails within one working day.
General Terms and Conditions Webshop AjuParaplus May 25th, 2016.