General terms & conditions
INFORMATION CONCERNING THE PRODUCT VENDOR AK Twenty-Eight B.V.
3512 EG Utrecht
Registered with the Chamber of Commerce under Number 61821306.VAT identification number: NL854503390B01
The following terms bear the meaning assigned to them below for the purposes of these general terms and conditions:
- AK Twenty-Eight – the company referred to in Article 1;
- purchaser – a natural person or legal entity that orders products from AK Twenty-Eight through the website at aktwentyeight.com; parties – AK Twenty-Eight and a purchaser;
- products – scarves and any future products or services supplied by AK Twenty-Eight;
- agreement – arrangements between AK Twenty-Eight and a purchaser concerning the supply of products which are recorded in writing;
- delivery – the time when a purchaser or any other party acting on a purchaser’s behalf actually takes possession of and acquires control over any products;intellectual property rights – all comprehensive worldwide intellectual property and similar related rights in the broadest sense of the term, which is deemed to include in particular – but is not confined to the following (or any entitlement to same): (1) trademarks, (2) trading names, (3) copyright, (4) drawing and/or design rights, (5) patents, (6) database rights, (7) know-how, and (8) domain names, including any future intellectual property rights and all of the entitlements which the relevant national and international regulations assign to them.
2. SCOPE OF APPLICATION
- These terms and conditions shall govern all quotations, supplies from, agreements with and payments to AK Twenty-Eight.
- By placing an order a purchaser shall be deemed to have explicitly consented to these general terms and conditions.
3. ORDERS AND SUPPLIES
- Any quotation issued by AK Twenty-Eight, irrespective of whether it is based on normal prices or special offers, shall continue to apply as long as stocks last.
- AK Twenty-Eight shall not be bound by any obvious error or mistake in its quotations.
- The product prices mentioned on the AK Twenty-Eight website shall include VAT, any other public levy and shipping costs within the European Union. Outside the European Union shipping costs shall be charged and the relevant purchaser shall be liable for any public levy. Before an order is fulfilled, AK Twenty-Eight shall publish the overall price which a purchaser is required to pay on its website.
- Once an order has been placed, the relevant purchaser shall receive an email message from AK Twenty-Eight mentioning the AK Twenty-Eight products that have been ordered and the total amount of the order including VAT and shipping costs.
- AK Twenty-Eight shall be entitled to decline an order within one (1) week after receiving it without citing reasons for doing
- Products shall be delivered to the address stipulated by the relevant purchaser.
- A delivery deadline mentioned by AK Twenty-Eight shall merely be indicative, unless it is explicitly agreed in writing that such deadline will be final.
- Where a purchaser orders more than one (1) product, AK Twenty-Eight shall be entitled to deliver them in instalments and shall be entitled to require payment for each instalment that has been delivered.
- AK Twenty-Eight shall require payment for any products in advance, unless otherwise agreed in writing.
- AK Twenty-Eight shall be entitled to deliver products subject to cash on delivery or to arrange for this to be done.
- A purchaser shall be in default merely by virtue of a deadline for payment elapsing without any reminder, notice of default or judicial intervention being required.
- Default interest equivalent to one per cent (1%) of the relevant invoice amount for every month that the purchaser concerned remains in default of payment – where part of a month shall be treated as an entire month – shall be payable to AK Twenty-Eight subject to the latter’s right to seek the immediate payment of all outstanding sums and any other rights which it may have in that situation.
- A purchaser shall be liable for the relevant judicial or extrajudicial debt collection costs incurred, including the actual costs incurred to procure legal assistance and advice (including the fees charged by a lawyer, court bailiff or any other party).
5. PURCHASER’S PRIVACY
- AK Twenty-Eight shall treat all personal data which it receives from a purchaser as personal and confidential. AK Twenty-Eight shall use any personal data for the purposes of executing the relevant agreement, and payment for and the supply of products. AK Twenty-Eight shall also be entitled to use personal data for its own promotional activities, such as the AK Twenty-Eight newsletter.
- AK Twenty-Eight shall not disclose a purchaser’s personal data to any party other than those parties that are involved in paying for and shipping products.
6. RIGHT OF CANCELLATION
- A purchaser shall be entitled to cancel an agreement within fourteen (14) days after the date on which the relevant products are supplied without citing reasons for doing so.
- Where a purchaser wishes to exercise their right of cancellation, the purchaser may only unpack or use any products in so far as this is required to assess whether they wish to keep the products concerned. Throughout this period a purchaser shall exercise due care in relation to the relevant products and packing materials. A purchaser shall be required to return the relevant products along with any accessories supplied, such as a storage box and the original packaging.
- In the event that a purchaser exercises their right of cancellation, AK Twenty-Eight shall refund the purchase price within five (5) working days after receiving the relevant products.
- In the event that a purchaser fails to act in accordance with Article 7.2 or the relevant products are not returned in their original condition in some other way, AK Twenty-Eight shall not have a duty to refund the purchase price.
- In the event that any products do not satisfy any reasonable requirements in relation to them, the relevant purchaser shall be required to report this to AK Twenty-Eight in writing immediately but at any rate by no later than five (5) calendar days after those products have been delivered. Should a purchaser fail to comply with the provisions of this clause, any entitlement to a refund and/or any other potential claim for compensation shall cease to apply.
- The fact that a product exhibits a defect shall not confer entitlement on the relevant purchaser to set it off against the invoiced amount that is due for any other products which have been supplied to that purchaser.
8 RETENTION OF TITLE
- All items supplied to a purchaser shall remain the property of AK Twenty-Eight until that purchaser pays in full any amounts due for the products which have been or are to be supplied, as well as any other payments for which the purchaser is liable due to default of payment.
- As long as ownership of the relevant products has not passed to the purchaser, the latter shall not be entitled to pledge those products or grant any right to them to any other party.
- Without impairing any other rights, for as long as any amount payable, which is at any rate deemed to include any sum due pursuant to a delivery, has not been paid, AK Twenty-Eight shall be entitled to repossess or collect the articles which have been supplied.
- In any situation AK Twenty-Eight shall only be liable as a result of a culpable failure to execute an agreement provided that the relevant purchaser notifies AK Twenty-Eight in writing in a legally valid manner that it is in default, affording it a reasonable period of time within which to remedy this and AK Twenty-Eight again culpably fails to comply with its obligations after that period. Such notice of default must contain a description of the relevant non-compliance which is as comprehensive and detailed as possible so as to enable AK Twenty-Eight to respond appropriately.
- AK Twenty-Eight shall only be liable for any loss which is directly occasioned by default that is foreseeable, avoidable, for which it is culpable and which directly relates to the production and supply of the products in question.10.3. Any duty to pay compensation on any grounds whatsoever shall at all times be confined to the price of the product concerned.
Any risk pertaining to the loss or theft of or damage to any product shall pass to the relevant purchaser at such time as the latter or anyone acting on their behalf actually acquires possession of it.
11. FORCE MAJEURE
- In the event that AK Twenty-Eight fails to comply with any of its obligations towards a purchaser, AK Twenty-Eight may not be held liable for such non-compliance in the case of force majeure as provided for in Section 6:75 of the Dutch Civil Code.
- All of the provisions of this article shall apply mutatis mutandis in relation to force majeure on the part of the suppliers of AK Twenty-Eight and/or any other party involved in the production and supply of the products concerned. Any situation of non-performance, and/or late and/or defective performance on the part of a party referred to in this clause shall be deemed to constitute force majeure on the part of AK Twenty-Eight.
12. INTELLECTUAL PROPERTY RIGHTS
- All intellectual property rights to the products, as well as to any other documents and material supplied by AK Twenty-Eight, shall be vested solely in the latter. A purchaser shall not acquire any licence, right of use and/or any other entitlement whatsoever.
- A purchaser shall declare that they will not infringe any intellectual property rights held by AK Twenty-Eight in anyway whatsoever, render such rights invalid and/or endanger ownership of those rights.
- Irrespective of their title and form, a purchaser’s general terms and conditions are explicitly precluded, unless explicitly agreed otherwise in writing.
- Any amendment of these general terms and conditions shall only come into effect, provided that the parties consent to it in writing.
- The nullity of any provision of these general terms and conditions shall not result in the nullity of all of these general terms and conditions. In the event that any provision is null and void, the parties shall replace it in consultation with each other with a legally valid provision in such a way that the meaning of these general terms and conditions continues to apply.
14. COMPLAINTS, QUESTIONS OR COMMENTS
- In the event that a purchaser has a complaint, question and/or any other comment in relation to these general terms and conditions, they may contact AK Twenty-Eight using the contact details set out in Article 1 of these general terms and conditions. A purchaser may contact AK Twenty-Eight by email or by letter.
- In the event that a purchaser has a complaint, AK Twenty-Eight shall contact them within five (5) working days after receiving that complaint. In all other cases AK Twenty-Eight may decide to contact the relevant purchaser but shall not have a duty to do so.
15. CHOICE OF LAW AND FORUM
- The general terms and conditions and any agreement pertaining to them shall be solely governed by and construed in accordance with the law of the Netherlands.
- Any dispute between the parties pursuant to or otherwise in relation to an agreement or these general terms and conditions shall as far as possible be resolved through consultation. Any dispute which the parties fail to resolve, shall be brought before a competent court of law in Utrecht, unless AK Twenty-Eight decides to institute legal action against a purchaser before a competent court of law in another state or place where they have their registered office.