Article 1 – Definitions
In these Terms and Conditions, the following terms shall have the following meanings:
- Additional agreement: an agreement in which the Consumer acquires products with respect to a distance agreement and these goods are delivered by AFFASO or a third party on the basis of an arrangement between this third party and AFFASO;
- Reflection period: the period during which the Consumer may use his right of withdrawal (cancellation);
- Consumer: you, our customer buying for personal use. In this case the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;
- Day: calendar day;
- Digital content: data produced and delivered in digital form;
- Continuing performance contract: a contract serving to deliver goods in a given period;
- Sustainable data carrier: any means, including email, that allow the Consumer or AFFASO to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible.
- Right of withdrawal (or cancellation): the Consumer’s option not to proceed with the order within the cooling-off period;
- The entrepreneur is AFFASO.
- Distance contract: an on line order, in detail this is a contract concluded between AFFASO and the Consumer within the scope of an organised system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;
- Standard form for withdrawal: the European standard form for withdrawal included in Appendix 1;
- Technology for distance communication: a means to be used for concluding an agreement without the Consumer and AFFASO being together in the same place at the same time.
Article 2 – Applicability
- These General Terms and Conditions apply to any offer from AFFASO and to any distance contract concluded by AFFASO and the Consumer.
- AFFASO shall make the text of these General Terms and Conditions available on the Affaso.com website at all this times. If the Consumer so wishes, AFFASO shall sent the General Terms and conditions free of charge, either via electronic means or otherwise before the distant contract is concluded.
Artikel 3 – The offer
- If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
- The offer contains a full and accurate description of the products and services offered. The description is suitably detailed to enable the Consumer to assess the products and services adequately. If AFFASO makes use of pictures, they are truthful images of the products provided. Obvious errors or mistakes in the offer do not bind AFFASO.
- All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.
Article 4 – The contract
- Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set. Including payment of the order. In case of payment by bank transfer: AFFASO will reserve your order for 5 working days to allow for the bank transfer. After 5 working days we will dissolve the contract and release the reservation.
- If the Consumer accepted the offer via electronic means, AFFASO shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may refuse the contract.
- If the contract is concluded electronically, AFFASO will take appropriate technical and organizational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures.
- AFFASO may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, AFFASO has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.
- When delivering the product, AFFASO shall send the following information along with the product in writing:
- the contact address of AFFASO where the Consumer may get into contact with any complaints;
b. the return conditions on which and the manner in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about his being exempted from the right of withdrawal;
The information regarding returns process and right of withdrawal are also to be found on the website AFFASO.com
Article 5 – Right of withdrawal
- The Consumer can repudiate a purchase contract for a product without giving reasons for a period of at least 14 days. AFFASO may ask the Consumer about the reason for the withdrawal but cannot force him to state his reason(s).
- The reflection period referred to in sub-clause 1 starts on the day the product is received by the Consumer or by a third party appointed by him in advance and who is not the carrier, or
- if the Consumer ordered several products in the same order: the day on which the Consumer or a third party appointed by hum received the last product. AFFASO may refuse an order of several products with different dates provided that he clearly informs the Consumer prior to the order process.
b. in case the delivery of a product consists of several batches or parts: the day on which the Consumer or a third party appointed by him received the last batch or the last part.
c. in case of an agreement about regular delivery of products during a given period: the day on which the Consumer or a third party appointed by him received the first products.
During the withdrawal period the Consumer will take care of the products and its original packaging. He/she will only unpack the items as far as necessary to assess whether he/she wants to keep it.
Article 6 – Consumer’s obligations during the time of reflection
- During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of the product. The guiding principle is that the Consumer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.
- The Consumer is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than allowed in sub-section 1.
- The Consumer is not liable for the decrease in value of the product if AFFASO has not provided him with all legal information about the right of withdrawal before concluding the Agreement.
The shipping cost of the return is for the account of the Consumer. Custom duties and local sales taxes are non-refundable by AFFASO.
Article 7 – Exclusion of the right of withdrawal
- The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT rates.
- Contrary to the previous paragraph, AFFASO may offer products or services whose prices are subject to fluctuations in the financial market that are beyond AFFASO’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
- Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.
- Price increases from 3 months after concluding the contract are permitted only if the Entrepreneur has stipulated it and
A) they are the result of legal regulations or stipulations, or
B) the Consumer has the authority to cancel the contract before the day on which the price increase starts.
- All prices indicated in the provision of products or services are including Dutch VAT.
Article 8 – Performance of an agreement and extra guarantee
- AFFASO guarantees that the products and services comply with the contract, with the specifications listed in the offer, with reasonable requirements of normal usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded.
Article 9 – Delivery and execution
- AFFASO shall exercise the best possible care when booking orders and executing product orders.
- The place of delivery is at the address given by the Consumer to AFFASO.
- With due observance of the stipulations in Article 4 of these General Terms and Conditions, AFFASO shall execute accepted orders with convenient speed (two working days) but at least within 5 working days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one week after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge.
- After repudiation in conformity with the preceding paragraph, AFFASO shall return the payment made by the Consumer promptly but at least within 10 days after repudiation.
- The risk of loss and/or damage to products will be borne by AFFASO until the time of delivery to the Consumer or a representative appointed in advance and made known to the Consumer, unless explicitly agreed otherwise.
Article 10 – Payment
- AFFASO shall have a sufficiently notified complaints procedure in place and shall handle the complaint in accordance with this complaint procedure.
- Complaints, outside the first 14 days (See Article 6), about the performance of the product shall be submitted fully and clearly described to AFFASO within a reasonable time after the Consumer discovered the defects.
- The complaints submitted to AFFASO shall be replied within a period of 14 days after the date of receipt. Should a complaint require a foreseeable longer time for handling, AFFASO shall respond within 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.
- Complaints received outside the first 14 days (See Article 6) will be handled with discretion of AFFASO.
Article 11 – Disputes
- Contracts between AFFASO and the Consumer to which these General Terms and Conditions apply, are exclusively governed by Dutch law.
Dutch version of the Terms & Conditions