Terms and Conditions alenika.nl

Definitions

  1. Alenika: ALENIKA , located at Terralaan 73, 6515JN Nijmegen under Chamber of Commerce no. 74046314, VAT: NL002489200B05
  2. Customer: the person with whom ALENIKA has entered into an agreement.
  3. Parties: ALENIKA and customer together.
  4. Consumer: a customer who is also an individual and who acts as a private person.

Applicability of general terms and conditions

  1. These terms and conditions apply to all quotations, offers, orders, agreements and deliveries of products by or on behalf of Alenika
  2. Unless the Parties expressly agree otherwise in writing, Alenika rejects the applicability of General Terms and Conditions of the Client.
  3. These General Terms and Conditions also apply to all Agreements with ALENIKA, for the performance of which third parties are or are to be engaged.

The offer

  1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
  2. The offers without obligation. The entrepreneur has the right to change and adapt the offer.
  3. he offer contains a complete and accurate description of the products and/or services being offered. The description is sufficiently detailed for a good consumer assessment of our products. If the entrepreneur uses images, these are a true representation of the offered products and / or services. We will not be held responsible for any mistakes or errors made in the prices or the descriptions.
  4. All images, specification data in the offer are indicative and cannot lead to compensation or termination of the agreement.
  5. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
  6. Each offer include all necessary information clearly setting forth the Consumer’s rights and obligations related to accepting the offer. This apply in particular to:
    • the price including taxes;
    • the possible shipping costs;
    • the way in which the agreement will be concluded, and what actions are needed to establish this;
    • whether or not the right of withdrawal applies;
    • the payment the method, delivery or execution of the agreement;
    • the time frame for accepting the offer, or , as the case may be, the time frame for honouring the price;
    • if the agreement will to be archived after having been concluded, how it may be consulted by the Consumer ;
    • the way in which the consumer, before concluding the agreement, can check the information provided by him under the agreement and, if necessary, recover it;
    • any other languages in which, in addition to Dutch, the agreement can be done;
    • the behavioral codes to which the entrepreneur is subject and the way in which the consumer can consult these behavioral codes electronically; and the minimum duration of the distance agreement in the event of an extended transaction.

The agreement

The contract comes about when the client accepts the offer and has complied with the conditions concerning the offer.

If the consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm the receipt of the acceptance. As long as the receipt of such acceptance is not confirmed, the Consumer is able to dissolve the contract.

If the contract is concluded electronically, the entrepreneurwill take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment.

The trader may obtain information – within statutory frameworks – about the consumer(s) ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If the operator has good reasons to not engage in the agreement based on this inquiry, operator is required to refuse an order or request or apply special terms to the execution of an order or request.

Prices

  1. Prices quoted for offered products are in EUR, excluding VAT and excluding exclusive any other costs such as fees for shipping and handling, other taxes or levies, unless noted otherwise or agreed upon in writing.
  2. All prices of ALENIKA products, on the website (alenika.nl) or that are otherwise known are subject to change at any time.
  3. Increases in the cost of products or parts thereof that ALENIKA  could not foresee at the time of the offer or conclusion of the agreement could lead to higher prices.
  4. The consumer has the right to cancel an agreement as a result of a price increase, unless the increase is the result of legislation.

Consequences of non-payment at time

  1. If the customer does not pay on time, ALENIKA suspend his obligations until the customer has fulfilled his payment obligation.
  2. The consumer has the obligation to report errors in the given or mentioned payment details immediately to the operator.
  3. If the customer does not cooperate in the execution of the agreement by ALENIKA , he is still obliged to pay the agreed price to ALENIKA .

Claims rights

  1. If the customer is in default, ALENIKA has the right to immediately invoke the claim right for unpaid products delivered to the customer.
  2. ALENIKA invokes the claim right by means of written or electronic communication.
  3. When the customer is informed of the invoked claim right, the customer must immediately return the products to which this right relates to ALENIKA, unless the involved parties make other arrangements.
  4. The costs for returning or returning the products are for the account of the customer.

Right of withdrawal

  1. A withdrawal of the contract can be declared within 14 days, without giving a reason, provided that:
    • the product has not been used
    • it is not a product that has been specially adapted for the consumer from custom
  2. The time period start on the day after the consumer has received the last product of part from 1 order
  3. The consumer has to be made his withdrawal of a contract in writing via contact@alenika.nl, by using the withdrawal form that can be downloaded via the website of ALENIKA, www.alenika.nl.
  4. The consumer is obliged to return the product to AleALENIKA within 14 days after notification of his right of withdrawal, otherwise his right of withdrawal is revoked.
  5. The consumer is responsible for covering the expenses for returning of item(s).
  6. If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, ALENIKA will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to in time.

Right of retention

  1. ALENIKA can appeal to his right of retention of title and in that case retain the products sold by ALENIKA to the customer unless the customer has paid all outstanding invoices with regard to Alenika unless the customer has provided sufficient security for these payments.
  2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to ALENIKA.
  3. ALENIKA is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

Settlement

Unless the customer is a consumer, the customer waives his right to settle any debt to ALENIKA with any claim on ALENIKA.

Retention of title

  1. ALENIKA remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to ALENIKA under whatever agreement with ALENIKA including claims regarding the shortcomings in the performance.
  2. Until then, ALENIKA can invoke its retention of title and take back the goods.
  3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
  4. If ALENIKA invokes its retention of title, the agreement will be dissolved and ALENIKA has the right to claim compensation, lost profits and interest.

Delivery

  1. Delivery takes place while stocks last.
  2. Levering vindt plaats bij ALENIKA, tenzij partijen anders zijn overeengekomen.
  3. Delivery of products ordered online takes place at the address indicated by the customer.
  4. If the agreed price is not paid on time, ALENIKA has the right to suspend its obligations until the agreed price is fully paid.
  5. In the event of late payment, the customer is automatically in default, and hereby he can not object to late delivery by ALENIKA.

Delivery time

  1. Any delivery period specified by ALENIKA is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
  2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from alenika.nl.
  3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless ALENIKA cannot deliver within 14 days or if the parties have agreed upon otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

Transport costs

Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.

Packaging and shipping

  1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which ALENIKA may not be held liable for any damage.
  2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to ALENIKA , failing which ALENIKA cannot be held liable for any damage.

Storage

  1. If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.
  2. Any extra costs as a result of premature or late purchase of products are entirely at the customer’s expense.

Guarantee

  1. 1. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
  2. 2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect can not clearly be established.
  3. 3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product. for the benefit of the customer.

Indemnity

The customer indemnifies ALENIKA against all third-party claims that are related to the products and or services supplied by ALENIKA .

Complaints

  1. The customer must examine a product provided by ALENIKA as soon as possible for possible shortcomings.
  2. If a delivered product does not comply with what the customer could reasonably expect from the agreement, the customer must inform ALENIKA of this as soon as possible, but in any case within 14 days after the discovery of the shortcomings.
  3. Consumers must inform of this within 14 days after detection of the shortcomings.
  4. The customer gives a detailed description as possible of the shortcomings, so that ALENIKA is able to respond adequately.
  5. The customer must demonstrate that the complaint relates to an agreement between the parties.

 

Giving notice

  1. The customer must provide any notice of default to ALENIKA in writing.
  2. It is the responsibility of the customer that notice of default actually reaches ALENIKA (in time).

Liability of Alenika

If ALENIKA enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to ALENIKA under that agreement.

Liability of Alenika

  1. 1. ALENIKA is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
  2. 2. If ALENIKA is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
  3. 3. ALENIKA is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
  4. 4. If ALENIKA is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates
  5. 5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and can not lead to any compensation and or (partial) dissolution of the agreement and or suspension of any obligation.

Expiry period

Every right of the customer to compensation from ALENIKA shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.

Dissolution

  1. The customer has the right to dissolve the agreement if ALENIKA imputable fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
  2. If the fulfillment of the obligations by ALENIKA is not permanent or temporarily impossible, dissolution can only take place after ALENIKA is in default.
  3. ALENIKA has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give ALENIKA good grounds to fear that the customer will not be able to fulfill his obligations properly.

Force majeure

  1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of ALENIKA in the fulfillment of any obligation to the customer cannot be attributed to ALENIKA in any situation independent of the will of ALENIKA, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from ALENIKA.
  2. The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
  3. If a situation of force majeure arises as a result of which ALENIKA cannot fulfill one or more obligations towards the customer, these obligations will be suspended until ALENIKA can comply with it.
  4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
  5. ALENIKA does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Modification of the agreement

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.

Changes in the general terms and conditions

  1. ALENIKA is entitled to amend or supplement these general terms and conditions.
  2. Changes of minor importance can be made at any time.
  3. Major changes in content will be discussed by ALENIKA with the customer in advance as much as possible.
  4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Applicable law and competent court

  1. Dutch law is exclusively applicable to all agreements between the parties.
  2. The Dutch court in the district where ALENIKA is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

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  • ALENIKA
  • Terralaan 73
  • 6515JN Nijmegen
  • Nederland