|
GENERAL TERMS & CONDITIONS
1. General/Conditions of Use
1.1 All general terms & conditions will apply under Dutch law.
1.2 These general terms & conditions apply to all offers of AKR-Performance and on all AKR-Performance contracted agreements.
AKR-Performance as stated in these general conditions and elsewhere on this site refers to the company located in Harderwijk, the Netherlands.
AKR-Performance reserves the right to change, modify or update these terms & conditions from time up to time without notice.
Through the use of the website of AKR-Performance and/or placing an order the purchaser accepts these general terms and conditions as well as all other rights and duties as indicated on the website.
Alongside the terms & conditions indicated there may be additional terms & conditions which apply to certain services and/or products. Should there be discrepancies between these additional terms & conditions and the original terms & conditions then the additional terms & conditions will take precedence above the original terms & conditions, unless stipulated otherwise.
These general terms & conditions stipulated may only be deviated from by way of explicit agreement in writing and in which case the remaining provisions of these terms & conditions shall remain in force.
Should the purchaser refer to the general terms & conditions, those terms & conditions do not apply unless explicitly agreed in writing by AKR-Performance.
The term "purchaser" is used for every visitor of the website or each natural person or legal entity who has a contractual relationship with AKR-Performance.
AKR-Performance is authorised to use a third party in the implementation of any agreement with the purchaser.
2. Offers and provisional agreements
2.1 All offers of AKR-Performance are without engagement. Offers or prices are to be seen as an invitation to the potential purchaser(s) to engage in a sale. AKR-Performance is in absolutely no manner bound to this, unless this has been unambiguously confirmed in writing. The acceptance of the invitation of the potential purchaser to engage in the sale is considered as an offer and leads only to a provisional agreement so long as the remaining provisions in this Article has been completed.
2.2 Offers occurring subject to the availability of the products. AKR-Performance has the right to replace the ordered product with a similar product in place of annulling the agreement.
2.3 An definite agreement comes about the moment an order confirmation has been sent to the purchaser by e-mail address as stated by the purchaser on the registration form.
2.4 The purchaser and AKR-Performance agree that by use of electronic communication a valid and definite agreement comes about, as soon as the conditions in Article 2.1 and 2.3 are met. The lack of an ordinary signature does not take away from being bound by this agreement and the acceptance of it. This also applies to the electronic files of AKR-Performance that as far as the law allows counts as a presumption of proof.
2.5 Information, images, oral communications, telephonically or by means of e-mail and work-related tasks etc. with relation to all offers and the most important characteristics of the products shall be displayed as precisely as possible. AKR-Performance does not guarantee in this agreement that all the information on offers and products will be given fully. Any changes do not qualify for compensation and/or dissolution.
3. Prices
3.1 All prices on the site are "FCA Ermelo (Warehouse)" (incoterms 2000), expressed in euros, conforming to the legal regulations hereby, and including VAT, but excluding other levies by the government and excluding shipping costs, unless mentioned otherwise in the product related information.
3.2 If the recipient is not in the country where the shipping originates, the recipient is responsible for chargeable VAT or import duties.
3.3 Special offers are only valid for the time duration (deadline) as mentioned with the specific offer.
3.4 The purchaser is chargeable for merchandise that AKR-Performance has confirmed in accordance with Article 2.3 of these terms & conditions as herein notified. Known (manipulation) mistakes in the price, such as obvious inaccuracies, can be corrected even after agreement has taken place by AKR-Performance.
3.5 Shipping charges are not included in the price. The shipping costs are mentioned on the website. Special tariffs apply to delivery outside the Netherlands. Certain conditions may apply depending on the method of payment used, the form of delivery and costs thereof. These charges are clearly communicated to the purchaser.
4. Payment
4.1 Orders via our website can be paid for in the following manner:
Paypal
Credit Card
Bank transfer
Cash on Delivery(only applicable for the Netherlands “Rembours”)
The last mentioned manner is only applicable for the Netherlands
AKR-Performance may extend the methods of payment in the future. Additional methods of payment will be made known on this site as they become available.
4.2 In the event that a term of payment has been agreed by AKR-Performance, the Purchaser will be in default if the term of payment is allowed to expire. Terms of payment can solely be agreed in writing under conditions to be stipulated and agreed at the time.
4.3 Non-payment or late payment by the purchaser shall incur the following:
An interest rate of 1.5% per month shall be levied from the last day on which payment should have been received until the day the outstanding amount is paid in full. Any part of a month in this time frame shall hitherto be counted as a full month.
4.4 Any additional costs of any sort bought to bear on AKR-Performance as a result of the non-compliance of the purchaser of their payment obligations shall be at the expense of the purchaser.
4.5 In case of late payment AKR-Performance is authorised to annul the agreement with immediate effect or to suspend (further) supply up to the moment at which the purchaser has entirely complied with their payment obligations including the payment of any chargeable interest and costs thereof.
4.6 Cancellation is heb possible within the obligatory legal period.
5. Delivery and delivery times
5.1 Orders are of course delivered as swiftly as possible. Delivery periods are indicated on the website but are only to be considered as a guide and should never be considered as definite. AKR-Performance may announce additional information on delivery times on the website or in other written forms. Such information should only be taken as an indication.
5.2 A product that is temporarily out of stock when ordered by the purchaser will when available be indicated as such. Delays will be communicated to the purchaser by telephone or e-mail.
5.3 Delivery will be sent to the address given by the purchaser during the agreement process. Any additional information concerning delivery shall be made swiftly known to the purchaser.
5.4 AKR-Performance shall ensure delivery by mail or by any other manner at the discretion of AKR-Performance, at the expense of the purchaser. Delivery by mail or delivery in any other manner shall take place only after payment has been received for the products provided by AKR-Performance. The merchandise only becomes the property of the purchaser at delivery.
5.5 AKR-Performance reserves the right to split the delivery of merchandise bought. The extra cost of such a “Split Delivery” shall be borne by AKR-Performance.
5.6 Special conditions may apply to deliveries abroad.
6. Exchange & right of inspection
6.1 The purchaser is obliged to inspect the products thoroughly and immediately after delivery. Any damage and/or missing parts in the product(s) must be reported in writing and as soon as possible and at the latest within 14 days after delivery. Non-visible damage/missing parts must be reported within 21 days after the problem could reasonably be detected. The purchaser is then given a credit receipt.
6.2 Shipping costs for product returns are at the expense of the purchaser.
6.3 Any complaints founded on facts that justify the proposition that the delivered product does not answer to the agreement, are valid for a period of 1 year after receipt by the purchaser.
6.4 Should the delivered product not meet the specifications as laid out in the agreement then AKR-Performance is obliged only to delivery the missing part(s) of the product, repair or offer a replacement of the product.
7. Transferral of Property
7.1 Ownership of Property despite actual delivery, is only transferred to the purchaser after said purchaser has fulfilled the agreement with AKR-Performance in its entirety, including compensation of any interest and costs, which also includes deliveries of an earlier or later stage and to the products themselves and/or tasks performed in relation to said product(s).
7.2 The purchaser may not encumber, sell, redeliver, separate or otherwise encumber (delivery of) the products, before the property is rightfully in their possession.
8. Guarantee and liability
8.1 Products supplied by AKR-Performance are subject to the guarantee by the manufacturer of the product concerned. AKR-Performance's responsibility during the guarantee period is exclusively that of a counter function.
8.2 AKR-Performance can only be held liable for damages which can be attributed towards intent or gross negligence, or which are due to circumstances that on the basis of regulations are at its own risk. AKR-Performance will never be liable for loss of profits and/or consequential damages, indirect damages and loss of earnings and/or turnover.
8.3 If AKR-Performance is held responsible, for any reason whatsoever, to compensate for damage then damage compensation shall amount to a sum no higher than the invoice value of the product or service on which damage has been caused. AKR-Performance cannot be held responsible for damages outside of warehouse and/or personnel damage.
8.4 Circumstances, which do not fall under the risk of AKR-Performance include: strike, worker exclusion, sickness and/or transit prohibition, transport problems, non compliance with the obligations of subcontractors, breakdowns in production, force majeur and/or nuclear calamities and war and/or the threat of war, debt belonging to AKR-Performance, subject to set-up or gross debt.
8.5 The stipulations in this article leave AKR-Performance’s legal liabilities unimpeded by virtue of statutory regulations.
8.6 Notwithstanding this Article, there is no cause stipulated for guarantee if wear & tear can be considered as normal and in the following cases: if changes have been introduced to the product, among these repair which has been performed without the authorisation of AKR-Performance or the manufacturer; if the original invoice cannot be submitted, has been modified or made illegible; if damage and/or non functioning is a consequence of the non-compliance with the written instructions or irresponsible use; or if damage has arisen by incorrect set-up, gross carelessness or negligent maintenance.
8.7 The Purchaser is under the obligation to hold harmless AKR-Performance for any third-party claims against AKR-Performance with respect to the execution of the agreement, as far as the law does not stipulate otherwise than that the damages and losses concerned are at the Purchaser’s expense.
8.8 It is possible that AKR-Performance makes available on its website links to other websites which may be interesting or informative for the visitor. Such links are purely informative. AKR-Performance is not responsible for the content of the website which is referred or the use which may be made of it.
8.9 The stipulations in this article leave AKR-Performance’s legal liabilities unimpeded by virtue of statutory regulations.
9. Circumstances beyond one’s control
9.1 AKR-Performance is not obliged to fulfil its obligations towards the Purchaser due to circumstances beyond its control, the obligation is postponed for the duration of the circumstances respectively.
9.2 Circumstances beyond its control are known to be each circumstance independent of its intention, as a result of which compliance of its obligations towards the Purchaser are partly or entirely prevented. These circumstances include strikes, fires, business disturbances, power failures, non- or no timely delivery by suppliers or other third parties and the absence of any licenses to be obtained via the government. Circumstances beyond its control also include failures in (telecommunications) networks or connections or applied communication systems and/or the non-availability of the internet site at any one time.
10. Intellectual property
10.1 The purchaser recognises explicitly all rights of intellectual property of information displayed, communications or other expressions concerning the products and/or concerning the internet site at AKR-Performance, its subcontractors or other claimants.
10.2 It is prohibited for the purchaser to make use of and/or introduce modifications to the intellectual property rights such as described in this Article, for example duplication, without express authorisation from AKR-Performance, it’s suppliers or other claimants unless this is for private use or in relation to the product itself.
11. Personal data
11.1 AKR-Performance shall use the data of the purchaser exclusively in conformity with its privacy policy. On the internet site can be found a detailed privacy statement.
11.2 AKR-Performance thereby observes applies privacy rule and relevant legislation.
12. Applicable law and competent Court.
12.1 Dutch law applies exclusively on all offers and agreements.
12.2 The applicability of the Vienna Purchasing Treaty (United Nations Convention on Contracts for the International Sale of Goods) is explicitly excluded.
12.3 All disputes which may occur as a result of the agreement concerned or future agreements arising from it will be settled in accordance with the Regulations of the Dutch Arbitration Institute or, should AKR-Performance wish to choose as such, the competent Courts applicable to the registered offices or abodes of AKR-Performance or the Purchaser. Arbitration shall comprise one arbitrator. Arbitration shall take place in Amsterdam. Legal proceedings shall be held in Dutch. The Arbitration shall decide according to the law. All this is applicable unless the law explicitly stipulates a different competent Court.
14. Miscellaneous
14.1 AKR-Performance is located at:
Fokko Kortlanglaan 151
3845 LC Harderwijk
and registered at the chamber of commerce under no. 08058302
VAT identification number is Netherlands BTW nr.: 808225868 B 01
14.2 The AKR-Performance shop is reachable for information during work days from 08:30 till 17:00 and on Saturday from 09:00 – 16:00. On Wednesday also reachable from 18:00 till 21:00.
Phone/Fax: +31(0)0341 422602
Mob: +31(0)6 51845562 / +31(0)6 53693903
14.3 AKR-Performance strives to answer incoming e-mails during the opening hours of AKR-Performance helpdesk.
15 The Dutch text prevails
15.1 The Dutch text of these general terms & conditions prevails above all translations of it.
|
|
