Terms & Conditions

General terms and conditions ACU
E-mail: into@acu.nl
Website: www.acu.nl

Definitions

1. ACU: Stichting Kraakhelder en Toch Niet Fris, established in Utrecht under Chamber of Commerce no. 30136256.
2. Client: the person with whom ACU has entered into an agreement.
3. Parties: ACU 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, activities, orders, agreements and deliveries of services or products by or on behalf of ACU.
2. Parties can only deviate from these terms and conditions if they have expressly agreed so in writing. 3.
The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.

Prices

1. All prices used by ACU are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise.
2. All prices that ACU uses for its products, on its website or that are otherwise made known, ACU can change at any time.
3. Increases in the cost prices of products or parts thereof, which ACU could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases.
4. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.

Samples and models

If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered will contain the sample. or model match.

Payments and payment

1. When entering into the agreement, ACU may require a down payment of up to 50% of the agreed amount.
2. The customer must have made payments in arrears within after delivery.
3. Payment terms are regarded as strict payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default and in default, without ACU having to send the customer a demand or notice of default.
4. ACU reserves the right to make a delivery conditional on immediate payment or to demand a security for the total amount of the services or products.

Consequences of late payment

1. If the customer does not pay within the agreed term, ACU is entitled to charge the statutory interest of 2% per month for non-commercial transactions from the day that the customer is in default, whereby part of a month is counted as a whole month.
2. If the customer is in default, he also owes extrajudicial collection costs and any compensation to ACU.
3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
4. If the customer does not pay on time, ACU may suspend its obligations until the customer has fulfilled its payment obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payments on are the part of the customer, the claims of ACU immediately due and payable to the customer.
6. If the customer refuses to cooperate with the execution of the agreement by ACU, he is still obliged to pay the agreed price to ACU.

Right of complaint

1. As soon as the customer is in default, ACU is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
2. ACU invokes the right to complain by means of a written or electronic communication.
3. As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to ACU, unless the parties agree otherwise.
4. The costs for the collection or return of the products will be borne by the customer.

Right

1. A consumer can cancel an online purchase during a reflection period of 14 days without giving any reason, provided that:
the product has not been used
it is not a product that can spoil quickly, such as food or flowers
it is not a product that has been specially consumer is made to measure or adapted
it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.) the seal is still intact if it concerns data carriers with digital content (DVDs, CDs, etc.) the product or service does not concern accommodation, travel, restaurant business, transport, catering assignment or form of leisure activity
the product is not a separate magazine or newspaper
the consumer has not waived his right of withdrawal
2. The reflection period of 14 days as referred to in paragraph 1 starts :
on the day after the consumer has received the last product or part of 1 order as soon as the consumer has confirmed that he has received digital content via i Internet will be
3. The consumer can make his appeal to the right of withdrawal known via it@acu.nl, if desired using the withdrawal form that can be downloaded from the ACU website, acu.nl
4. The consumer is obliged to return the product to ACU within 14 days after making his right of withdrawal known, failing which his right of withdrawal will lapse.

Reimbursement of delivery costs

1. If the consumer has made use of his right of withdrawal in time and as a result has returned the complete order to ACU in time, ACU will refund any shipping costs paid by the consumer within 14 days of receipt of the timely and fully returned order. reimburse the consumer.
2. The costs for delivery will only be borne by ACU insofar as the complete order is returned.

Reimbursement for return

costs If the consumer invokes his right of withdrawal and returns the complete order on time, the costs for returning the complete order will be borne by the consumer.

Suspension

Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.

Retention

1. ACU can invoke its right of retention and in that case keep the customer’s products in its possession until the customer has paid all outstanding invoices with regard to ACU, unless the customer has provided sufficient security for those costs.
2. The right of retention also applies under previous agreements from which the customer still owes payments.
2. The right of retention also applies under previous agreements from which the customer still owes payments to ACU.
3. ACU is never liable for any damage that the customer may suffer as a result of using his right of retention.

Set-off

Unless the customer is a consumer, the customer waives its right to set off a debt owed to ACU against a claim against ACU.
Retention
1. ACU remains the owner of all delivered products until the customer has fully complied with all its payment obligations towards ACU under any agreement concluded with ACU, including claims for failure to perform.
2. Until that time, ACU can invoke its retention of title and take back the goods. 3.
Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.
4. If ACU invokes its retention of title, the agreement will be deemed dissolved and ACU will be entitled to claim compensation, lost profit and interest.

Delivery

1. Delivery takes place while stocks last.
2. Delivery takes place at ACU, unless the parties have agreed otherwise.
3. Delivery of products ordered online takes place at the address indicated by the customer.
4. If the agreed amounts are not paid or are not paid on time, ACU has the right to suspend its obligations until the agreed part has been paid.
5. In the event of late payment, there is a creditor’s default, with the result that the customer cannot object a late delivery to ACU.

Delivery time

1. The delivery times stated by ACU are indicative and, if they are exceeded, do not entitle the customer to dissolution or compensation, unless the parties have expressly agreed otherwise in writing.
2. The delivery time starts at the moment that the customer has fully completed the (electronic) order process and has received an (electronic) confirmation of this from ACU.
3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement unless ACU is unable to deliver within 14 days after being required to do so in writing or if the parties have agreed otherwise.

Actual delivery

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

Transport costs

Transport costs are for the account of the customer unless the parties have agreed otherwise.

Packaging and dispatch

1. If the packaging 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, failing which ACU cannot be held liable. be held for any damage.
2. If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging to ACU prior to transport, failing which ACU cannot be held liable for any damage.

Insurance

1. The customer undertakes to sufficiently insure and keep insured the following items against, among other things, fire, explosion and water damage as well as theft:
items delivered that are necessary for the execution of the underlying agreement items of ACU that are present at the client’s premises
goods delivered subject to retention of title
2. At ACU’s first request, the customer makes the policy of these insurances available for inspection.

Retention

1. If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
2. Any additional costs as a result of early or late purchase of products will be fully borne by the customer.

Warranty

1. The warranty with regard to products only applies to defects caused by faulty manufacture, construction or material.
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 incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the moment when these are legally and/or actually delivered, or at least come under the control of the customer or from a third party who takes delivery of the product on behalf of the customer.

Indemnification

The customer indemnifies ACU against all third-party claims related to the products and/or services supplied by ACU.

Complaints

1. The customer must examine a product or service provided by ACU as soon as possible for any shortcomings.
2. If a delivered product or service does not correspond to what the customer could reasonably expect from the agreement, the customer must inform ACU of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
3. Consumers must inform ACU of this within 2 months after discovery of the shortcomings.
4. The customer provides as detailed a description as possible of the shortcoming, so that ACU is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can in any case not lead to ACU being obliged to perform other work than has been agreed.

Notice

1. The customer must notify ACU of notice of default in writing.
2. It is the customer’s responsibility that a notice of default actually reaches ACU (on time).

Customer joint and several liabilities

If ACU enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts owed to ACU under that agreement.

Liability ACU

1. ACU is only liable for any damage that the customer suffers if and insofar as that damage is caused by intent or deliberate recklessness.
2. If ACU is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement.
3. ACU is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.
4. If ACU is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates.
5. All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiration period

Any right of the customer to compensation from ACU expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Right to termination

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

Force majeure

1. In addition to the provisions of article 6:75 of the Dutch Civil Code, a failure by ACU in the fulfillment of any obligation with regard to the customer cannot be attributed to ACU in a situation independent of the will of ACU, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected from ACU.
2. The force majeure situation referred to in paragraph 1 also includes – but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); default and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a force majeure situation occurs as a result of which ACU cannot fulfill 1 or more obligations to the customer, those obligations will be suspended until ACU can again meet them.
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. ACU does not owe any (damage) compensation in a force majeure situation, even if it benefits from any advantage as a result of the force majeure situation.

Amendment of the agreement

1. If after the conclusion of the agreement it appears necessary for its implementation to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
2. The previous paragraph does not apply to products purchased in a physical store.

Amendment of general terms and conditions

1. ACU is entitled to amend or supplement these general terms and conditions.
2. Minor changes can be made at any time.
3. ACU will discuss major substantive changes with the customer in advance as much as possible.
3. ACU will discuss major substantive changes 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.

Transfer of rights

1. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of ACU.
2. This provision applies as a stipulation with property law effect as referred to in Section 3:83(2) of the Dutch Civil Code.

Consequences of nullity or voidability

1. If one or more provisions of these general terms and conditions prove to be invalid or voidable, this will not affect the other provisions of these terms and conditions.
2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what ACU had in mind when drafting the conditions on that point.

Applicable law and competent court

1. All agreements between the parties are exclusively governed by Dutch law.
2. The Dutch court in the district where ACU is established / has its practice / has its office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.