TABLE OF CONTENTS
Article 1: Definitions
Article 2: Applicability of general terms and conditions
Article 3: Payment
Article 4: Offers, quotations and price
Article 5: Right of Withdrawal
Article 5: Right of Withdrawal
Article 6: Modification of the Agreement
Article 7: Delivery and transfer of risk
Article 8: Inspection, complaints
Article 9: Samples and models
Article 10: Delivery
Article 11: Force Majeure
Article 12: Transfer of Rights
Article 13: Retention of Title and Right of Retention
Article 14: Liability
Article 15: Complaint Obligation
Article 16: Warranties
Article 17: Applicable law and competent court
Article 18: Affiliate Program
1. AromaDiffusing.nl, established at 4706PT Roosendaal, Krampenloop 23 with Chamber of Commerce number 8885806 under ED Trading is referred to as the seller in these general terms and conditions. VAT ID: NL004663364B48
2. The counterparty of the seller is referred to as the buyer in these general terms and conditions.
3. The parties are the seller and the buyer together.
4. The agreement means the purchase agreement between the parties.
1. These conditions apply to all quotations, offers, agreements and deliveries of services or goods by or on behalf of the seller.
2. Deviations from these conditions are only possible if explicitly and in writing agreed by the parties.
agree.
1. The full purchase price is always paid immediately in the store. In some cases, a deposit is expected for reservations. In that case, the buyer receives proof of the reservation and the advance payment.
2. If the buyer does not pay on time, he is in default. If the buyer remains in default, the seller is entitled to suspend the obligations until the buyer has fulfilled his payment obligation.
3. If the buyer remains in default, the seller will proceed with collection. The costs related to that collection will be charged to the buyer. These collection costs are calculated based on the Decree on compensation for extrajudicial collection costs.
4. In case of liquidation, bankruptcy, attachment or suspension of payment of the buyer, the
claims of the seller on the buyer are immediately due and payable.
5. If the buyer refuses to cooperate with the execution of the order by the seller, he is still obliged to pay the agreed price to the seller.
1. Offers are without obligation, unless a period for acceptance is stated in the offer. If the offer is not accepted within that period, the offer expires.
2. Delivery times in quotations are indicative and do not entitle the buyer to
termination or compensation, unless parties have explicitly and in writing agreed otherwise.
agree.
3. Offers and quotations do not automatically apply to reorders. Parties must
explicitly and in writing agreed.
4. The price stated on offers, quotations, and invoices consists of the purchase price including the
due VAT and any other government levies.
1. The consumer has the right to dissolve the agreement within 30 days after receiving the order without giving reasons (right of withdrawal). The period starts from the moment the (entire) order is received by the consumer.
2. There is no right of withdrawal when the products are made to measure according to their specifications or are only perishable for a short time.
3. The consumer can use a withdrawal form from the seller. The seller is obliged to provide this to the buyer immediately upon request.
4. 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 exercises his right of withdrawal, he will return the unused and undamaged product with all delivered accessories and - if reasonably possible - in the original shipping packaging to the seller, in accordance with the reasonable and clear instructions provided by the entrepreneur.
1. If during the execution of the agreement it appears necessary for proper performance of the assignment to modify or supplement the work to be performed, the parties will timely and mutually adjust the agreement accordingly.
2. If the parties agree that the agreement will be modified or supplemented, the completion time of the execution may be affected. The seller will inform the buyer as soon as possible.
3. If the modification or addition to the agreement has financial and/or qualitative consequences, the seller will inform the buyer in writing in advance.
4. If the parties have agreed on a fixed price, the seller indicates to what extent the
a modification or addition to the agreement results in exceeding this price.
5. Contrary to the provisions of the third paragraph of this article, the seller cannot charge additional costs if
charge if the change or addition is the result of circumstances attributable to him.
1. As soon as the purchased goods have been received by the buyer, the risk transfers from the seller to the buyer.
1. The buyer is obliged to inspect the delivered goods at the time of (delivery), but in any case as soon as possible. The buyer must check whether the quality and quantity of the delivered goods correspond to what the parties have agreed upon, or at least that quality and quantity meet the requirements that apply in normal (commercial) practice.
2. Complaints regarding damage, shortages, or loss of delivered goods must be submitted in writing to the seller by the buyer within 10 working days after the day of delivery of the goods.
3. If the complaint is justified within the specified period, the seller has the right to either repair, re-deliver, or cancel the delivery and send the buyer a credit note for that part of the purchase price.
4. Minor and/or industry-standard deviations and differences in quality, quantity, size or
finishing cannot be held against the seller.
5. Complaints regarding a specific product do not affect other products or components belonging to the same agreement.
6. After processing the goods by the buyer, no complaints will be accepted.
1. If a sample or model has been shown or provided to the buyer, it is presumed to have been provided only as an indication without the delivered item having to correspond to it. This is different if the parties have explicitly agreed that the delivered item will indeed correspond to it.
2. In agreements concerning real estate, mention of the surface area or other dimensions and indications are also presumed to be for reference only, without the delivered item having to correspond to them.
1. Delivery is made 'ex factory/store/warehouse'. This means all costs are borne by the buyer.
2. The buyer is obliged to accept the goods at the moment the seller delivers or causes them to be delivered to him, or at the moment these goods are made available to him according to the agreement.
3. If the buyer refuses acceptance or is negligent in providing information or instructions that
necessary for the delivery, the seller is entitled to store the goods at the buyer's expense and risk.
4. If the goods are delivered, the seller is entitled to charge any delivery costs.
5. If the seller needs data from the buyer for the execution of the agreement, the delivery time starts after the buyer has made this data available to the seller.
6. A delivery period specified by the seller is indicative. It is never a strict deadline. In case of exceeding the period, the buyer must notify the seller in writing of default.
7. The seller is entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing or the partial delivery has no independent value. The seller is entitled to invoice these parts separately when delivering in parts.
1. If the seller cannot, cannot timely, or cannot properly fulfill his obligations under the agreement due to force majeure, he is not liable for any damage suffered by the buyer.
2. The parties understand force majeure in any case to mean any circumstance that the seller could not have anticipated at the time of entering into the agreement and as a result of which the normal execution of the agreement cannot reasonably be demanded from the buyer, such as illness, war or threat of war, civil war and riots, molestation, sabotage, terrorism, power failure, flooding, earthquake, fire, occupation of business premises, strikes,
exclusion of labor, changed government measures, transport difficulties, and other disruptions in the seller's business.
3. Furthermore, the parties understand force majeure to mean the circumstance that suppliers on whom the seller depends for the execution of the agreement do not fulfill their contractual obligations towards the seller, unless this is attributable to the seller.
4. If a situation as described above occurs, as a result of which the seller cannot fulfill his obligations to the buyer, those obligations shall be suspended as long as the seller cannot fulfill them. If the situation referred to in the previous sentence has lasted 30 calendar days, the parties have the right to terminate the agreement in whole or in part in writing.
5. If the force majeure lasts longer than three months, the buyer has the right to terminate the agreement with immediate effect. Termination can only be made by registered letter.
1. Rights of a party under this agreement may not be transferred without the
prior written consent of the other party. This provision shall be deemed a clause with proprietary effect as referred to in Article 3:83, second paragraph, of the Dutch Civil Code.
1. The goods present with the seller and delivered goods and parts remain the property of the seller until the buyer has paid the entire agreed price. Until then, the seller may invoke his retention of title and reclaim the goods.
2. If the agreed advance payments are not made or not made on time, the seller has the right to suspend the work until the agreed portion has been paid. This constitutes creditor default. In that case, a delayed delivery cannot be attributed to the seller.
3. The seller is not authorized to pledge the goods subject to his retention of title nor to encumber them in any other way.
4. The seller undertakes to insure and keep insured the goods delivered to the buyer under retention of title against fire, explosion, and water damage as well as theft, and to present the policy for inspection upon first request.
5. If goods have not yet been delivered, but the agreed advance payment or price has not been paid in accordance with the agreement, the seller has the right of retention. The goods will not be delivered until the buyer has paid in full and in accordance with the agreement.
6. In the event of liquidation, insolvency, or suspension of payment by the buyer, the buyer's obligations become immediately due.
1. Any liability for damage arising from or related to the execution of an agreement is always limited to the amount paid out by the relevant liability insurance(s) in the case concerned. This amount is increased by the amount of the deductible according to the relevant policy.
2. The seller's liability for damage resulting from intent or conscious recklessness of the seller or his managerial subordinates is not excluded.
1. The buyer is obliged to report complaints about the performed work directly to the seller. The complaint must contain as detailed a description of the shortcoming as possible so that the seller can respond adequately.
2. If a complaint is justified, the seller is obliged to repair and, if necessary, replace the item.
1. If warranties are included in the agreement, the following applies. The seller guarantees that the sold item complies with the agreement, will function without defects, and is suitable for the use the buyer intends to make of it. This warranty applies for a period of one calendar year after the buyer receives the sold item.
2. The intended warranty aims to establish a risk distribution between seller and buyer such that the consequences of a breach of warranty are always fully borne and at the risk of the seller and that the seller can never invoke article 6:75 BW in relation to a breach of warranty. The provision in the previous sentence also applies if the breach was known or could have been known to the buyer through investigation.
3. The mentioned warranty does not apply when the defect has arisen as a result of improper or inappropriate use or when - without permission - the buyer or third parties have made or attempted to make changes or have used the purchased item for
purposes for which it is not intended.
4. If the warranty provided by the seller relates to an item produced by a third party, the warranty is limited to the warranty provided by that manufacturer.
1. Dutch law exclusively applies to every agreement between the parties.
2. The Dutch court in the district where AromaDiffusing.nl is established/practices has exclusive jurisdiction to hear any disputes between the parties, unless mandatory law provides otherwise.
3. The applicability of the Vienna Sales Convention is excluded.
4. If one or more provisions of these general terms and conditions are deemed unreasonably burdensome in legal proceedings, the remaining provisions shall remain in full force and effect.
When the buyer enters their phone number when placing an order, they automatically agree to SMS and WhatsApp marketing. This means you agree to receive recurring SMS and/or WhatsApp messages (regarding your order, including reminders when leaving the checkout), offers for SMS marketing, and transactional messages, including requests for reviews from us, even if your mobile number is registered on a state or federal government do-not-call list.
The message frequency varies. Consent is not a condition for purchase. If you wish to unsubscribe from receiving text marketing messages and notifications, reply STOP to any mobile message you receive from us or use the unsubscribe link provided in one of our messages.
You understand and agree that alternative methods to unsubscribe, such as using alternative words or requests, are not considered a reasonable way to unsubscribe. We do not charge for the service, but you are responsible for all costs and fees your wireless provider charges for SMS messages. Message and data rates may apply.
For questions, you can text HELP to the number from which you received the messages. You can also contact us at info@aromadiffusing.nl for more information.
We reserve the right at all times to change any phone number or shortcode we use for the service. You will be notified on such occasions.
You agree that messages you send to a phone number or short code changed by us, including STOP or HELP requests, may not be received and that we are not liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we are not liable for failed, delayed, or incorrect delivery of information sent via the service, errors in such information, and/or any action you take or do not take based on the information or the service.
Your right to privacy is important to us. You can consult our Privacy Policy [LINK to Privacy Policy] to determine how we collect and use your personal data.
The general terms and conditions of aromadiffusing.nl apply to the affiliate program (https://aromadiffusing.goaffpro.com/). Furthermore, all content created by a person or company affiliated as an affiliate may be used by Aromadiffusing as we see fit. This means: in advertisements, emails, on social media, and so on. This always applies, unless it has been agreed in writing that this is not the intention.
