Article 1 – Definitions
In these conditions:
AquaSound: J. Van Rijsingen Sanitair BV, also h.o.d.n. Aquasound / VanRijsingen Sanitair B.V.
Customer: The company or consumer who buys items from AquaSound.
Agreement: The agreement between AquaSound. and the company or consumer who buys products from AquaSound.
Article 2 – Applicability
1. These conditions apply to every quotation and every agreement between AquaSound and the customer insofar as the parties have not expressly deviated from these general terms and conditions in writing. If you deviate in writing, then that is only once. General terms and conditions used by the business customer, however named, do not apply to agreements between AquaSound and the customer. AquaSound is authorized to make changes to these conditions. As soon as the changes have been communicated to the customer, these will take effect.
2. If any part of these conditions should be annulled or annulled, this shall not affect the validity of the other parts. The void and / or destroyed part will be converted into a valid part insofar as possible in the spirit of the void and / or destroyed part.
Article 3 – Acquisition of delivery and sales conditions
1. These conditions will be put on their site by AquaSound. They will also be printed on the back of AquaSound’s invoices. Every customer, business or consumer will receive a copy if requested.
Article 4 – Establishment of the agreement
1. With consumers the agreement is established as soon as the consumer gives his order, via the internet, by telephone or otherwise, AquaSound confirms to deliver the ordered goods at the agreed price, and the consumer pays the ordered goods in advance.
2. In business customers, contacts are generally made through the representatives of AquaSound. These representatives are authorized to issue prizes and grant discounts. Business customers then order directly from AquaSound via fax or e-mail. If requested, AquaSound will send an order confirmation.
3. In addition, business customers can negotiate prices and discounts with AquaSound directly without the intervention of representatives and then place their order directly via fax or e-mail. If requested, AquaSound will send an order confirmation.
4. AquaSound reserves the right to also ask the business customers for advance payment, or to send the goods COD.
Article 5 – Prices and price changes
1. The prices quoted by AquaSound in its price lists, or on its website, are exclusive of VAT, unless explicitly stated otherwise.
2. AquaSound will, especially for the consumer, state as much as possible the prices stated in the order including VAT.
3. The prices include transport costs, unless the invoice amount is less than Eur 150, – excl. VAT, in that case
AquaSound will charge the transport costs to an amount of Eur 50, -. AquaSound can also charge transport costs for special deliveries or special circumstances.
4. Price changes will be communicated in a timely manner. This is done to the business customer by issuing a price list via the representative or by sending by post. Consumers will find the price change on the website; they will also be informed of the current price at the time of ordering if they place an order verbally / by telephone or by mail.
Article 6 – Delivery times and conditions
1. As soon as the customer places an order, AquaSound will indicate a planned delivery time on request. This is never a fatal deadline. If AquaSound can not indicate a planned delivery time, it will pass it on to the customer.
2. Exceeding the delivery term does not oblige AquaSound to pay any compensation and does not entitle the customer to terminate or suspend the agreement.
3. Customers can place orders on time. If the term between contract and desired delivery is longer than 9 months, the customer has the right to cancel this order in writing within 1 month after the order without being charged by AquaSound. If canceled later, the actual costs incurred or losses to be incurred by AquaSound will be passed on to the customer. In the case of common goods, the losses to be suffered are set at 20% of the purchase price including VAT; that amount is paid by the customer as compensation. In the case of non-standard goods or customized work, losses and costs incurred are incurred
the full purchase price + 10% costs. If the customer makes a term order with the agreement that within that period he will indicate in time when he wishes to purchase (part of) the ordered goods and the customer fails to indicate this in time, then the consequences are financial and otherwise
at the expense and risk of the customer. The customer can only indicate in good time when he wishes to purchase (a part of) the ordered goods if he takes a minimum of two months between the call and the desired delivery date.
4. AquaSounds prices and conditions are in principle free domicile, unless cases occur that are described in article 5 paragraph 3. AquaSound arranges the transport to the customer as much as possible with own transport.
5. If the customer collects materials himself, he does so at his own risk.
Article 7 – Inspection, advertising, complaints and return shipments
1. Any visible damage and shortcomings must be reported to AquaSound in writing by the customer immediately upon discovery. At the latest, the customer must have submitted their complaint in writing within 1 week of delivery.
2. In the event of hidden defects, the customer must report this defect in writing to AquaSound within 1 week of discovery of the hidden defect.
3. If the customer is a consumer who receives his goods through a business customer of AquaSound (via a retailer) the above terms are extended to 2 weeks, irrespective of whether the direct customer (retailer) applies the complaint to AquaSound or the final consumer who bought the retailer’s goods. If the complaint relates to a good that has been delivered by AquaSound in a closed box, hidden defects will also include the defects that are present on the product that can only appear after the box has been opened.
4. AquaSound will inspect and handle the complaint after receipt of the written complaint, but no later than 6 weeks thereafter. If this fails within the 6-week period, AquaSound will inform the customer about this.
5. AquaSound is not liable for any consequential damage.
6. AquaSound will accept a return shipment within 2 weeks after the purchase date in the AquaSound webshop. The customer will have to agree with AquaSound beforehand that AquaSound accepts the return shipment, which AquaSound will in any case only proceed with when it comes to a standard standard product that is stored in unopened authentic packaging. AquaSound will only reimburse the return costs up to a maximum amount of Eur 20, – in consultation.
7. Goods that differ in size or color of the standard sizes and colors, and specially ordered items, will never be returned.
8. If AquaSound accidentally delivers a wrong product, a new one will of course be delivered. AquaSound is based on the colors and sizes specified by the customer.
9. If the customer makes his order by different orders and therefore different deliveries, AquaSound is not liable for any color differences.
Article 8 – Payment
1. Consumers pay the goods in advance or cash on delivery, so that no payment terms need to be agreed upon.
2. M.b.t. the business customers apply a payment term of 30 days after the invoice date.
3. The customer is not entitled to any discount or settlement, unless the parties have agreed otherwise.
4. If the invoice is not paid within 30 days, the customer is in default without any summons or prior notice of default being required. From the invoice date, the customer owes interest on the outstanding amount, which is equal to the statutory commercial interest rate plus 2% on an annual basis. AquaSound therefore has the right not to deliver to the non-paying or not fully paying customer until full payment has been made.
5. AquaSound has the right to arrange an automatic collection with business customers who have not already paid in time a number of times.
6. If AquaSound delivers partial deliveries, he is entitled to invoice these separately.
7. AquaSound is authorized to engage third parties if the customer does not pay within 30 days of the invoice date. Extrajudicial collection costs, being 15% of the claim, with a minimum of Eur 150, -, will be charged to the customer.
Article 9 – Retention of title
1. All goods delivered by AquaSound to the customer remain the property of AquaSound until the customer has paid the full purchase price.
Article 10 – Force majeure
1. Force majeure means the circumstances that prevent AquaSound from fulfilling the obligation and that can not be attributed to AquaSound. These conditions include government measures, war, riot, molestation, fire, water damage, terrorist attacks, strike, excessive sick leave of personnel, transport problems, import and export barriers, machine defects, power supply failure, weather conditions, everything in the company of AquaSound as with third parties including its suppliers and third parties engaged in the execution of the agreement, as well as breaches by these suppliers and / or third parties.
2. In the event of force majeure, AquaSound has the right to terminate the agreement, in whole or in part, without judicial intervention, or suspend its performance in whole or in part, without being obliged to pay any compensation.
3. If AquaSound has already partially fulfilled the agreed obligation upon the occurrence of the force majeure situation, it is entitled to invoice the delivered goods separately and in the interim and the customer must pay this invoice as if it were a separate transaction.
Article 11 – Liability
1. AquaSound is not liable for damage caused by improper storage, incorrect processing, improper use or incorrect application of the delivered goods.
2. AquaSound is never liable for consequential damage and (in) direct loss of profits, stagnation damage, delay of construction, loss of orders, loss of profit, processing costs and the like.
Article 12 – End of contract
1. AquaSound can dissolve the agreement with its customer unilaterally out of court if the shortcoming in the fulfillment by the customer of an obligation resting on him constitutes a substantial shortcoming, which is the case, for example, if the customer does not pay the invoice on time.
Article 13 – Applicable law and competent court
1. Dutch law applies to all agreements and commitments that AquaSound concludes with customers.
2. All disputes arising from or related to an offer or purchase agreement or other type of obligation to which these conditions apply, or concerning the conditions themselves, will be subject to the judgment of the absolute competent court, insofar as the legal provisions allow; in the district of ‘s-Hertogenbosch, eea therefore means that if the cantonal judge is competent, there will be
litigated before the subdistrict court in Eindhoven, and if the court is competent, there is litigation before the Den Bosch court.