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Terms and Conditions
Article 1: Definitions
- Abstracta; Component of R en O Q-Products B.V. based in Venhuizen and registered at the Chamber of Commerce with file number 69067058.
- Consumer: the natural person who is acting for purposes relating to his trade, business, craft or profession
- Website of Abstracta: The website that belongs to Abstracta. This can be visited via Abstracta Stelling.nl
- Products: the most comprehensive definition of a good or thing.
- Distance contract: an agreement between the entrepreneur and the consumer under an organized system by Abstracta for distance selling of Abstracta products, digital content and/or services until the conclusion of the agreement exclusively or shared use is made of one or more means of distance communication;
- Cooling-off period: the period during which the consumer can make use of his right of withdrawal;
- Right of withdrawal: the ability of the consumer to within the cooling-off period opt out of the contract;
Article 2: general provisions
- These general conditions apply to all offers of Abstracta and on any distance contract concluded between Abstracta and consumer, unless indicated otherwise.
- These terms and conditions apply to all offers and to all agreements from Abstracta that extend to the sale of Products.
- Any conditions of purchase used by the Customer, are expressly rejected, and do not apply to agreements entered into with Abstracta.
- If one or more provisions in these terms and conditions should be null and void or declared in whole or in part, then the remaining terms and conditions apply in full.
- In these general terms and conditions the text can also be regarded as documents produced in writing to be sent through electronic means, meaning an e-mail or faxed documents.
- The content of this site and the content of all other expressions of Abstracta on Internet has been compound with the greatest care. However, Abstracta cannot give any guarantees with regard to the nature, accuracy or content of this information. Abstracta is not liable for any errors or inaccuracies, or for the consequences of the use of relevant information.
Article 3: Offers
- Product specifications are listed for the Products offered on the Abstracta website. Just like the price in Euro’s of the product both exclusive as including VAT
- The website of Abstracta contains truthful descriptions and accurate images of the Products on offer.
- If in the descriptions and/or images as described in article 3.2 are different in reality. Abstracta is in no way liable to pay damages towards the Customer. The Customer shall at all times retain his right to his Right of Withdrawal as stipulated in Article 6.1
Article 4: How the agreement is formed
- Agreements are made after the Customer has accepted an offer issued by Abstracta and Abstracta has agreed to this acceptance.
- An agreement will only become effective if Abstracta also commences with the delivery of products to the customer after a customer has placed an order through the website of Abstracta.
- Abstracta is always free, without stating reasons, to refuse an offer accepted by a Customer. If the Customer has already made a payment to Abstracta, Abstracta will immediately refund this amount tot de Customer after refusal.
Article 5: Delivery
- After the conclusion of an agreement Abstracta will offer the ordered Products as soon as possible for transport. The costs of transport will be enlisted in the agreement.
- After an agreement has been concluded between the Customer and Abstracta, the Products ordered by the Customer will be deliverd by Abstracta as soon as possible.
- In case Abstracta is unable to deliver the Product ordered by a Consumer within thirty (30) days, a Consumer may dissolve the agreement.
Article 6: Online refund and exchange policy
- The consumer may contract with respect to the purchase of a product during a cooling-off period of fourteen (14) days without giving any reason. Abstracta may ask the consumer to the reason of withdrawal, but this not to retire of his reason (s).
- After receiving the Product, Abstracta will refund the invoice value of the Product to the customer. This will be done within thirty (30) days.
- If a consumer used his right of withdrawal, the risk of shipping and shipping costs shall be borne by the consumer.
- The consumer should take appropriate measures to ensure that there is no damage to the Product and/or packaging from the moment the Product has been received.
- Damaged Products will not be taken back by Abstracta.
- The right of withdrawal is excluded for Products manufactured to the personal preference of the Customer.
- A Consumer cannot invoke his right of withdrawal if the ordered Product is covered by any of the exceptions of Article 7:46d member 4 BW
Article 7: Warranty
- Examine your order upon delivery to ensure that there are no visible signs of damaged, missing or incorrect pieces. In the event that there are missing, damaged or incorrect packages, please contact Abstracta within seven (7) days of your delivery.
- For the products delivered by Abstracta a guarantee period of one (1) year will apply.
- If complaints about products are upheld by Abstracta, the Customer is offered a repair, a replacement of the Products or a refund of the invoice value of the Product.
- The Customer is not entitled to a guaranteed as described in this article where it is established that the lack of a Product is caused by the Customer.
Article 8: Pricing
- The Products on offer on the Abstracta website entail Product specifications, as well as the price of the Product in Euro’s including VAT. Shipping costs will be displayed before or during the establishment of the agreement.
- Payment must be made during the establishment of an agreement via the payment method offered on the Website, by using a (preceding) bank transfer to the account of Abstracta or by means a subsequent payment to the account of Abstracta if Abstracta approves of this.
- In the event of non-payment or late payment by the Customer on the day of which the payment must have taken place, the Customer has to pay interest of 1.5% per month, whereby an entered month is counted for a full month.
- Also all (outdoor) court costs of any kind, which Abstracta has made due to the non-fulfilment by the Customer of his (payment) obligations, are at the expense of the Customer.
- In the event of late payment Abstracta is authorised to terminate the agreement with immediate effect or suspend (further) delivery until the Customer had completely complied with his payment obligations, including the payment of owed interest and costs.
- Any inaccuracies in the invoice must directly be reported to Abstracta by the Customer. Abstracta will correct the amount in the invoice.
- Inaccuracies in the billing do not dismiss the Customer from any payment obligations and other obligations set out in these terms and conditions.
Article 9: Reservation of title & Intellectual property
- The Products delivered by Abstracta remain the property of Abstracta until such time that the customer has fulfilled all the obligations from the agreement made with Abstracta. The customer may not overload, sell, dispose or encumber the Product otherwise before the property has been transferred.
- In the event that Abstracta refers a case to the retention of title, the agreement concluded in this respect as dissolved, without prejudice to the right of Abstracta is related to compensation for damage, loss of profit and interest.
- The content of the website of Abstracta, including: text, images, design, trademarks and domain names, are the property of Abstracta and are protected by copyright and intellectual or industrial property right that exist under the applicable law. Users of the website are therefore not allowed to reproduce the website or any portion of the website without permission from Abstracta.
Article 10: Force majeure
- Abstracta is not required to fulfil any obligation toward the Customer is the Customer is hindered in doing so because of a circumstance that is not due to debt, nor due to the law, a legal action or generally accepted assumptions attributable to the Customer.
- Abstracta may, during the period that the force majeure continues to to suspend the obligations resulting from the agreement. If the force majeure persists longer than a period of thirty (30) days, both the Customer and Abstracta will be entitled to dissolve the agreement without any obligation to compensate the damage suffered by the other party.
Article 11: Liability
- In case Abstracta is held liable, any lability is limited to a maximum of the invoice value of the agreement, at least to that part of the agreement to which the liability relates. Abstracta is only liable for direct damage. Direct damage means:
- Abstracta is only liable for direct damage. Direct damage means the reasonable costs incurred to determine the cause and extent of the damage, insofar as the determination relates to direct damage within the meaning of these Terms and Conditions. Any reasonable cost to improve the poor performance by Abstracta to the standards of the agreement, insofar as this can be attributed to Abstracta.
- The reasonable costs incurred to prevent or limit damage, insofar as the Customer demonstrates that these costs have let to the limitation of direct damage as intended in the agreement.
- Abstracta excludes all liability for indirect damage suffered by the use of the Products supplied by Abstracta, except in situations in which the damage is directly due to intent or gross negligence on the side of Abstracta, being the directors and/or (management) staff.
- In any case, Abstracta is never liable for the following damaged items: consequential damage, lost profit, lost savings and damage due to business stagnation.
Article 12: applicable law and disputes.
- All legal relationships being in which Abstracta is a party, shall be exclusively governed by the Dutch law. The applicability of the Vienna Sales Convention is excluded.
- The parties will first appeal to the court after having made every effort to resolve a dispute by mutual agreement.
- Unless stipulated otherwise by mandatory law, the judge in Alkmaar is in the first instance entitled to hear disputes between Abstracta and the Customer.
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