Terms and conditions

Our general terms and conditions apply to all our quotations, order confirmations, sales, deliveries, agreements, products and services.

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General terms and conditions AbyU

Contents

Article 1: Definitions
Article 2: Identity of the holding
Article 3: Applicability
Article 4: The offer
Article 5: The Agreement
Article 6: Right of withdrawal
Article 7: Obligations of the consumer during the reflection period
Article 8: Costs in case of revocation
Article 9: Exclusion of right of withdrawal
Article 10: The price
Article 11: Conformity and guarantee
Article 12: Delivery and execution
Article 13: Duration transactions: duration, termination and renewal
Article 14: Payment
Article 15: Complaints procedure
Article 16: Disputes
Article 17: Additional or different provisions

Article 1: Definitions

General terms and conditions: the present general terms and conditions of the entrepreneur.
Reflection period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day
Digital content: data produced and delivered in digital form.
Long-Term Transaction: a distance contract relating to a series of products, digital content and/or services, the supply and/or purchase obligation of which is spread over time;
Durable data carrier: every means – including e-mail – that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information possible;
Right of withdrawal: the possibility for the consumer to renounce the distance contract within the reflection period;
Model form: the model withdrawal form that the entrepreneur makes available that a consumer can fill in when he wants to make use of his right of withdrawal.
Entrepreneur: the natural or legal person who offers products, digital content and/or services at a distance to consumers;
Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products, digital content and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being in the same room at the same time.

Article 2: Identity of the company

AbyU
Winschoter High Bridge 1
9697 XB Blijham
T +31 (0)597 453 843

Accessible from Monday to Thursday from 7:30 a.m. to 4:30 p.m. and on Fridays from 7:30 a.m. to 3 p.m.

www.abyu.nl
info@abyu.nl
Chamber of Commerce number: 01169476
VAT number: NL002072300B01

Article 3: Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and orders placed between entrepreneur and consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the remote agreement is concluded that the general terms and conditions can be viewed at the entrepreneur’s premises and will be sent to the consumer free of charge as soon as possible at the consumer’s request.

If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance contract, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.

In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply by analogy and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting general terms and conditions.

Article 4: The offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the offered products, digital content and/or services. The description is sufficiently detailed to enable the consumer to make a good assessment of the offer. If the entrepreneur makes use of images, these are a true representation of the offered products, digital content and/or services. Obvious mistakes or errors in the offer are not binding for the entrepreneur.

All images, specification data in the offer are indicative and can not be a reason for compensation or dissolution of the agreement.
Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colours shown correspond exactly with the real colours of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

  • the price inclusive of taxes;
  • any shipping costs;
  • the manner in which the agreement will be concluded and what actions are necessary for that purpose;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery and performance of the contract;
  • The period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
  • the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
  • whether the agreement will be archived after it has been concluded, and if so in what way it can be consulted by the consumer;
  • the way in which the consumer, before concluding the contract, can check the data provided by him within the framework of the contract and, if desired, rectify it;
  • any other languages in which, in addition to Dutch, the agreement can be concluded;
  • the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the distance contract in the case of an enduring transaction.

Article 5: The contract

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set.

If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

If the agreement is made electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur can inform himself – within the legal framework – whether the consumer can meet his payment obligations, as well as all those facts and factors which are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.

Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6: Right of withdrawal

Upon delivery of products:
The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason of withdrawal, but does not oblige the consumer to state his reason(s).
This cooling-off period commences on the day after the consumer, or a third party appointed in advance by the consumer, who is not the carrier, has received the product, or:

if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with a different delivery time.
If the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party appointed by him, has received the last shipment or the last part;
in the case of contracts for regular delivery of products during a given period: the day on which the consumer, or a third party designated by him, has received the first product.

The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order of multiple products with a different delivery time.

During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to make use of his right of withdrawal, he is obliged to inform the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of the model form. After the consumer has made it known that he wishes to make use of his right of withdrawal, the client must return the product within 14 days. The consumer has to prove that the delivered goods have been returned on time, for example by means of a proof of dispatch.

If the client has not made it known that he wishes to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

In the case of the provision of services and digital content which is not supplied on a material carrier:
The consumer can dissolve a service contract and a contract for the supply of digital content that is not supplied on a tangible medium for a period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but does not oblige the consumer to state his reason(s).
This cooling-off period commences on the day following the conclusion of the agreement.
In order to make use of his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and / or at the latest at the time of delivery.

Extended cooling-off period for products, services and digital content that is not supplied on a material carrier in case of failure to inform about the right of withdrawal:
If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period, in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the starting date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer has received this information.

Article 7: Obligations of the consumer during the reflection period

Hygiene products that have been opened cannot be returned for reasons of hygiene. Products can only be returned within 14 days if they are in original unopened packaging. If the consumer wishes to return a product, the consumer must contact us in advance to indicate this.
The consumer is only liable for any reduction in the value of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
The consumer is not liable for reduction in value of the product if the entrepreneur has not provided him with all the legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8: Costs in case of revocation

If the consumer makes use of his right of withdrawal, he shall bear at most the costs of returning the goods.

The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait until he has received the product or until the consumer can prove that he has returned the product, whichever time is earlier.
The entrepreneur uses the same means of payment that the consumer has used for the refund, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 9: Exclusion of right of withdrawal

The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the agreement.

Exclusion of the right of withdrawal is only possible for products:

  1. which have been created by the entrepreneur in accordance with the consumer’s specifications;
  2. which are clearly of a personal nature;
  3. which cannot be returned due to their nature;
  4. that can spoil or age quickly;
  5. the price of which is subject to fluctuations in the financial market on which the entrepreneur has no influence;
  6. for individual newspapers and magazines;
  7. for audio and video recordings and computer software of which the consumer has broken the seal.

For hygienic products of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

  1. concerning accommodation, transport, catering or leisure activities to be carried out on a certain date or during a certain period;
  2. of which the delivery has started with the express consent of the consumer before the expiration of the reflection period;
  3. concerning betting and lotteries.

Exclusion of the right of withdrawal is only possible for digital content other than on a tangible medium:

  1. the supply of which has started before the expiry of the cooling-off period with the express consent of the consumer;

Article 10: The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and on which the entrepreneur has no influence, with variable prices. This obligation to fluctuate and the fact that any prices quoted are target prices will be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:

  1. These are the result of legal regulations or provisions; or
  2. the consumer has the right to terminate the contract from the day on which the price increase takes effect.
    The prices mentioned in the offer of products or services are inclusive of VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the wrong price.

Article 11: Conformity and guarantee

The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfil his part of the agreement.
By extra guarantee is meant every commitment of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what the consumer is legally obliged to in case he has failed in the fulfilment of his part of the contract.

The guarantee does not apply if:

  • The consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
  • The delivered products have been exposed to abnormal circumstances or have otherwise been treated carelessly or contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
  • The unsoundness is wholly or partially the result of prescriptions made or to be made by the government with regard to the nature or quality of the materials used.

Article 12: Delivery and execution

The entrepreneur will take the greatest possible care in receiving and executing orders for products and in assessing requests for the provision of services.
The place of delivery shall be the address which the consumer has made known to the company.
With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be carried out or can only be carried out partially, the consumer will be informed of this within 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer has no right to compensation.
All delivery periods are indicative. The consumer cannot derive any rights from any of these periods. Exceeding a term does not entitle the consumer to compensation.
In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
If delivery of an ordered product turns out to be impossible, the entrepreneur shall make an effort to provide a replacement article. By the time of delivery at the latest, it will be clearly and comprehensibly stated that a replacement article will be delivered. For replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative appointed in advance and announced to the entrepreneur, unless explicitly agreed otherwise.

Article 13: Duration transactions: duration, termination and renewal

Termination
The consumer may terminate an open-ended contract for the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a notice of up to one month.

The consumer may terminate a fixed-term contract for the regular supply of products (including electricity) or services at any time at the end of the fixed-term, subject to the agreed termination rules and a notice of up to one month.

The consumer may terminate the agreements referred to in the previous paragraphs:

  • terminate at any time and not be limited to termination at a specific time or in a specific period;
  • at least terminate them in the same way as they have been entered into by the consumer;
  • always terminate with the same notice period as the entrepreneur has stipulated for himself.
    Extension

A fixed-term contract for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Contrary to the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer can terminate this renewed contract at the end of the renewal with a period of notice that does not exceed one month.
A fixed-term contract for the regular supply of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time on one month’s notice, with a maximum of three months’ notice, where the contract is for the regular supply of daily newspapers, newspapers, magazines and periodicals, but less than once a month.
A contract of limited duration for the regular supply of daily newspapers, news and weekly newspapers and periodicals for acquaintance (trial subscription or introductory subscription) shall not be tacitly continued and shall terminate automatically at the end of the trial period or introductory subscription.

Duration
If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice of up to one month, unless the reasonableness and fairness dictate otherwise.

Article 14: Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 working days after the start of the cooling-off period as referred to in article 6 paragraph 1. In the case of an agreement to provide a service, this period shall commence after the consumer has received confirmation of the agreement.
The consumer has the obligation to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.
If the consumer does not meet his payment obligation(s) on time, he shall owe the statutory interest on the amount still due after he has been notified of the late payment by the proprietor and the proprietor has granted the consumer a period of 14 days to still meet his payment obligations, after payment has not been made within this 14-day period, and the proprietor shall be entitled to charge any extrajudicial collection costs he has incurred. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000 with a minimum of € 40. The entrepreneur can deviate from the amounts and percentages mentioned for the benefit of the consumer.

Article 15: Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be fully and clearly described within 14 days to the entrepreneur, after the consumer has found the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved in mutual consultation, a dispute will arise which is subject to the dispute resolution procedure.
The consumer shall give the entrepreneur at least 4 weeks to solve the complaint in mutual consultation. After this period, a dispute will arise which is subject to the dispute regulation. It is possible to register the dispute for mediation via Stichting WebwinkelKeur via https://www.webwinkelkeur.nl/kennisbank/consumenten/geschil. From 15 February 2016, it will also be possible for consumers in the EU to submit complaints via the European Commission’s ODR platform. This ODR platform can be found at http://ec.europa.eu/odr. If the complaint is not yet being dealt with elsewhere, the complaint can also be filed via the platform of the European Union”.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at her discretion, replace or repair the delivered products free of charge.

Article 16: Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply, are exclusively governed by Dutch law. Even if the consumer lives abroad.
The Vienna Sales Convention does not apply.

Article 17: Additional or deviating stipulations

Additional provisions or provisions deviating from these General Terms and Conditions may not be to the Consumer’s detriment and must be recorded in writing or in such a way that the Consumer can store them in an accessible manner on a durable data carrier.