Terms of delivery

Terms of delivery / Shipping & Return Policy Aqua Separate BV

Definitions

  1. Aqua Separate BV: Aqua Separate BV, established in Beverwijk under Chamber of Commerce number 89381491.
  2. Customer: the person with whom Aqua Separate BV has entered into an agreement.
  3. Parties: Aqua Separate BV and customer together.
  4. Consumer: a customer who is also an individual and who acts as a private person.

Applicability of delivery conditions

  1. These terms of delivery apply to all activities, orders, agreements and deliveries of services or products by or on behalf of Aqua Separate BV.
  2. The parties can only deviate from these terms of delivery if they have expressly agreed to this in writing.
  3. The parties expressly exclude the applicability of additional and/or deviating general and/or delivery conditions of the customer or of third parties.

Payments and payment term

  1. The customer must pay invoices to Aqua Separate BV within 14 days of the invoice date, unless the parties have made other agreements about this or a different payment term is stated on the invoice.
  2. Payment terms are regarded as strict payment terms. This means that if the customer has not paid the agreed amount no later than on the last day of the payment term, he will be in default by operation of law, without Aqua Separate BV having to send the customer a reminder or notice of default. .
  3. Aqua Separate BV reserves the right to make a delivery dependent on immediate payment or to demand security for the total amount of the services or products.

Consequences of not paying on time

  1. If the customer does not pay within the agreed term, Aqua Separate BV is entitled to charge the statutory interest of 2% per month for non-commercial transactions and the statutory interest of 8% per month for commercial transactions from the day the customer is in default. part of a month is counted as a whole month.
  2. When the customer is in default, he is also due to pay extrajudicial collection costs and any compensation to Aqua Separate BV.
  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, Aqua Separate BV may suspend its obligations until the customer has fulfilled its payment obligation.
  5. In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, the claims of Aqua Separate BV against the customer are immediately due and payable.
  6. If the customer refuses to cooperate with the implementation of the agreement by Aqua Separate BV, he is still obliged to pay the full agreed price to Aqua Separate BV.

Right of advertising

  1. As soon as the customer is in default, Aqua Separate BV is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
  2. Aqua Separate BV invokes the right of recovery by means of a written or electronic communication.
  3. As soon as the customer has been informed of the invoked right of recovery, the customer must immediately return the products to which this right relates to Aqua Separate BV, unless the parties make other arrangements about this.
  4. The costs of returning or returning the products are the responsibility of the customer.

Right of suspension

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

right of retention

  1. Aqua Separate BV can invoke its right of retention and in that case retain products of the customer until the customer has paid all outstanding invoices to Aqua Separate BV, unless the customer has provided sufficient security for those costs.
  2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Aqua Separate BV.
  3. Aqua Separate BV is never liable for any damage that the customer may suffer as a result of using his right of retention.

Settlement

Unless the customer is a consumer, the customer waives his right to set off a debt to Aqua Separate BV against a claim against Aqua Separate BV.

Retention of title

  1. Aqua Separate BV remains the owner of all delivered products until the customer has fully fulfilled all his payment obligations towards Aqua Separate BV, including claims for failure to comply with the agreement.
  2. Until that time, Aqua Separate BV can at all times 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 Aqua Separate BV invokes its retention of title, the agreement will be deemed dissolved and Aqua Separate BV will be entitled to claim compensation, lost profit and interest.

Delivery on demand
If the customer has agreed delivery on demand with Aqua Separate BV , and the customer has not taken delivery of the goods within the agreed term without being entitled to do so, or, in the absence of an agreed term, not within 3 (three) months after the notification of completion, the Aqua Separate BV may cancel or dissolve the agreement concluded with the customer, without Aqua Separate BV being or being able to pay any compensation and without prejudice to Aqua Separate BV's right to claim all damage suffered or to be suffered as a result thereof. to recover from the customer, who is obliged to compensate this damage to Aqua Separate BV .

Insurance

  1. The customer undertakes to insure the following items sufficiently and to keep them insured against, among other things, fire, explosion and water damage as well as theft:
    1. delivered goods that are necessary for the implementation of the underlying agreement
    2. goods of Aqua Separate BV that are present at the customer
    3. goods that have been delivered under retention of title
  2. At Aqua Separate BV's first request, the customer will provide the policy of these insurances for inspection.

custody

  1. If the customer does not purchase ordered products until 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 premature or late purchase of products are entirely for the account of the customer.

Assembly and installation

Although Aqua Separate BV makes every effort to carry out all assembly and/or installation work as well as possible, it does not bear any responsibility for this, except in the case of intent or gross negligence.

Guarantee

  1. If the parties have entered into an agreement with a service-providing nature, this only contains an obligation of best efforts for Aqua Separate BV and therefore no obligation of result.
  2. The warranty with regard to products only applies to defects caused by faulty manufacturing, construction or material.
  3. The guarantee does not apply in the case of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
  4. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties passes to the customer at the moment when they are legally and/or actually delivered, or at least come under the control of the customer or of a third party. third party who receives the product on behalf of the customer.
  1. Without prejudice to the restrictions set out below, Aqua Separate BV guarantees the soundness and quality of the products delivered by it, for the duration specified in the agreement, after the products have been delivered. The products will comply with the regulations applicable in the Netherlands with regard to operation, transport and safety on the day of the conclusion of the agreement. If changed legal regulations come into force between the date of conclusion of the agreement and the delivery, the products in question will be adapted to these new regulations if possible. Any costs associated with this are for the account of the customer. If one of the parties objects to the application of the amended regulations, it will be obliged to inform the other. Repair and/or replacement of a part under warranty will never extend the warranty for the entirety of the delivered goods.
  2. Unless expressly agreed otherwise in writing, Aqua Separate BV's obligations under the warranty are limited to deliveries within the Netherlands.
  3. If the delivered products have visible defects and the customer has failed to report these defects to Aqua Separate BV at the latest within 14 days after delivery, the product will be deemed to have been accepted. Without prejudice to Aqua Separate BV's obligation to fulfill its warranty obligations, the acceptance will exclude any claim from the customer with regard to a shortcoming in the performance of Aqua Separate BV.
  4. Warranty is only given with regard to defects, of which the customer notifies Aqua Separate BV by registered letter immediately after becoming aware of the defect and furthermore proves that they have arisen within the said period as the exclusive or predominantly direct result of an inaccuracy in the Aqua Separate BV designed construction, poor finish or use of bad products. The customer is obliged to return the defective or defective products to Aqua Separate BV at its expense, unless Aqua Separate BV decides that repair or replacement will be carried out at the place where the product is located, in which case all additional costs, such as travel - and accommodation costs of the employees of Aqua Separate BV and transport costs of goods are for the account of the customer.
  5. Aqua Separate BV is not liable for defects that are the result or are partly the result of any government regulation with regard to the nature and/or quality of the products supplied, the materials used or the construction thereof.
  6. Defects or malfunctions are not covered by the guarantee, wholly or in part, attributable to incompetent or careless treatment of the customer or its personnel or third parties or to changes, instructions or repairs made or given to the product by the customer, its personnel or third parties. or
  7. if the product has been used for other than normal business purposes or has been used in an abnormal manner, or if the customer has not strictly complied with the product instructions issued by Aqua Separate BV.
  8. In order to fulfill its warranty obligations, Aqua Separate BV is entitled, in all reasonableness at the discretion of Aqua Separate BV, either to replace the product in question or to carry out the agreed work again or at a later stage. Repair and/or replacement of a product under warranty will never extend the warranty for the entirety of the delivered goods.
  9. The customer is not entitled to return products or parts thereof to Aqua Separate BV without the express written permission of Aqua Separate BV.
  10. For products and parts thereof, which Aqua Separate BV has not manufactured itself, a guarantee is only given to the same extent and insofar as a guarantee is given by the supplier(s) of Aqua Separate BV.
  1. If, for whatever reason, Aqua Separate BV is unable to deliver parts of products or products to replace delivered parts of products or products under the warranty, then - in case it may reasonably be assumed that the impediments are of a temporary nature - the guarantee obligations are suspended until the impediments have been removed, while - if it may reasonably be assumed that the impediments are of a permanent nature - Aqua Separate BV will pay the monetary value of the parts or products, being the original cost price paid by Aqua Separate BV for these similar parts of products.
  2. The alleged non-compliance by Aqua Separate BV with its warranty obligations referred to above does not release the customer from its obligations that may arise for it from the purchase agreement or from any other agreement concluded with Aqua Separate BV.
  3. Aqua Separate BV's guarantee obligation referred to above lapses if the customer does not, not properly or not in time, fulfill any obligation that may arise for him from the purchase agreement or from any other agreement concluded with Aqua Separate BV.

exchange

  1. Exchanging purchased items is only possible if the following conditions are met:
  2. exchange takes place within 14 days after purchase on presentation of the original invoice
  3. the product is returned in its original packaging or with the original (price) tags still attached
  4. the product has not yet been used
  5. Discounted items, non-perishable items such as food, custom-made items or items specially adapted for the customer cannot be exchanged.

Shipping and Return Policy

  1. Aqua Separate BV and the customer make agreements about (the method of) delivery of the product per order prior to delivery.
  2. Aqua Separate BV has no purchase restrictions for a product. The customer must be aware that the size of the purchase of the product affects the delivery time.
  3. The delivery terms stated by Aqua Separate BV are determined to the best of our knowledge and belief on the basis of the information known to Aqua Separate BV when the agreement was entered into and will be observed as much as possible. The parties will inform each other as soon as possible as soon as any circumstance appears that may influence the (timely) execution of the delivery terms.
  4. If, at the request of the Customer, Aqua Separate BV carries out certain changes and/or additions to the specifications of the work to be performed by Aqua Separate BV, Aqua Separate BV can, after consultation with the Customer, suspend the delivery date of the work insofar as this is necessary for the implementation. of the relevant amendments or additions.
  1. The mere exceeding of a delivery term does not put Aqua Separate BV in default and does not entitle the Customer to dissolve the agreement, except in the event of intent or gross negligence on the part of Aqua Separate BV. The parties will then enter into consultation as soon as possible in order to determine a new delivery period.
  2. The customer can collect the product free of charge from the warehouse of Aqua Separate BV, at Wijkermeerweg 40 in Beverwijk.
  3. Aqua Separate BV offers the possibility to deliver the product to the customer. Transport costs will be charged to the customer for delivery by the carrier hired by Aqua Separate BV. The delivery price is calculated on the basis of the location (within or outside the Netherlands) and the weight of the order at checkout. Please note that if our driver comes to you based on the scheduled appointment and you are absent, you will unfortunately have to pay for a new delivery.
  1. When you receive your product, it is important that you check whether the correct name is on the label and whether there is visible damage to the packaging. If everything is in order, sign for receipt.
  1. Above an amount of € ------ (in words: --------- euro), free delivery to home.
  2. If the packaging is damaged or there are other visible defects, you must sign the consignment note for receipt, provided that there may be damage to the contents. If a product appears to be damaged or defective after you have unpacked it, please contact Aqua Separate BV customer service who will help you find a solution. We recommend that you do this as soon as possible, especially if there is any transport damage. Returning a (part of) the product is only possible after consultation with and with the agreement of Aqua Separate BV, on the understanding that a (part of the) product that is in the possession of the customer longer than 14 calendar days after delivery by Aqua Separate BV can never be returned. The period starts on the day after the Customer, or a third party designated by him in advance, who is not the carrier, has received the product.
  3. All products must be returned unused, undamaged and in their original packaging, sealed and unopened.
  4. Please make sure you choose a suitable cardboard shipping box for your return to prevent the contents from being damaged in transit. Arrange a return shipment with a carrier of your choice. You must bear the return shipping costs, which are non-refundable.
  5. Alternative: If you want to return your items, you must deliver them in the same condition as you received them and in the original packaging. At the request of the client, we can arrange the set-up and dismantling for a fee. If you throw away the packaging after unpacking, the right to return your item will lapse. It is therefore a good idea to fold the packaging and keep it until you are sure that you want to keep your product.

Execution of the agreement

  1. Aqua Separate BV executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
  2. Aqua Separate BV has the right to have the agreed services (partially) performed by third parties.
  3. The implementation of the agreement takes place in mutual consultation and after written agreement and payment of any agreed advance by the customer.
  4. It is the responsibility of the customer that Aqua Separate BV can start the implementation of the agreement in time.
  5. If the customer has not ensured that Aqua Separate BV can start the implementation of the agreement in time, the resulting extra costs and/or extra hours will be borne by the customer.

Information provision by the customer

  1. The customer shall make available to Aqua Separate BV all information, data and documents that are relevant to the correct execution of the agreement in a timely manner and in the desired form and manner.
  2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if these originate from third parties, insofar as the nature of the agreement does not dictate otherwise.
  3. If and insofar as the customer so requests, Aqua Separate BV will return the relevant documents.
  4. If the customer does not make the information, data or documents reasonably required by Aqua Separate BV available, or does not do so in time or properly, and the execution of the agreement is delayed as a result, the resulting extra costs and extra hours will be borne by the customer.

Performance of a service

  • Aqua Separate BV will make every effort to provide the services to the best of its ability and guarantees to comply with the agreed agreements in a timely and complete manner, all this in accordance with the law and social custom and with due observance of the care of a good service provider pursuant to Article 7:401 Civil Code.
  • If Aqua Separate BV foresees at any time that its obligations cannot be met, or cannot be fulfilled on time or properly, Aqua Separate BV must immediately inform the customer of this.

confidentiality

  1. The customer keeps any information (in whatever form) that he receives from Aqua Separate BV secret.
  2. The same applies to all other information concerning Aqua Separate BV of which the customer knows or can reasonably suspect that it is secret or confidential, or of which he can expect that the dissemination thereof could harm Aqua Separate BV.
  3. The customer takes all necessary measures to ensure that he also keeps the information referred to in paragraphs 1 and 2 confidential.
  4. The confidentiality obligation described in this article does not apply to information:
    1. which was already public before the customer learned of this information or which subsequently became public without this being the result of a breach of the customer's duty of confidentiality
    2. that is made public by the customer on the basis of a legal obligation
  5. The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after its expiry.

penalty clause

  1. If the other party violates the article of these terms of delivery on secrecy or on intellectual property, he forfeits an immediately payable fine for each violation on behalf of the trade name.
  2. if the other party is a consumer, this fine is € 1,000
  3. if the other party is a legal entity, this fine is € 5,000
  4. In addition, the other party will forfeit an amount of 5% of the amount referred to in paragraph 1 for each day that the violation continues.
  5. No prior notice of default or legal proceedings are required for the forfeiture of this fine. Also, there does not have to be any form of damage.
  6. The forfeiture of the fine referred to in the first paragraph of this article does not affect Aqua Separate BV's other rights, including its right to claim compensation in addition to the fine.

disclaimer

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

Complaints

  1. The customer must examine a product or service provided by Aqua Separate BV as soon as possible for possible shortcomings.
  2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Aqua Separate BV of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
  3. Consumers must inform Aqua Separate BV of this within 2 months after the discovery of the shortcomings.
  4. The customer provides a description of the shortcoming that is as detailed as possible, so that Aqua Separate BV 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 Aqua Separate BV being forced to perform other work than has been agreed.

Notice of default

  1. The customer must notify Aqua Separate BV of any notice of default in writing.
  2. It is the responsibility of the customer that a notice of default actually reaches Aqua Separate BV (in time).

Joint and several liability customer

If Aqua Separate BV enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts they owe to Aqua Separate BV under that agreement.

 

Liability Aqua Separate BV

  1. Aqua Separate BV is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or willful recklessness.
  2. If Aqua Separate BV is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.
  3. Aqua Separate BV is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.
  4. If Aqua Separate BV is liable, this liability is limited to the amount 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 (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.

Expiry period

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

Right to dissolution

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

Force majeur

  1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming of Aqua Separate BV in the fulfillment of any obligation towards the customer cannot be attributed to Aqua Separate BV in a situation independent of the will of Aqua Separate BV, as a result of which the fulfillment of its obligations towards the customer is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be expected of Aqua Separate BV.
  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.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions.
  1. If a force majeure situation arises as a result of which Aqua Separate BV cannot fulfill 1 or more obligations towards the customer, those obligations will be suspended until Aqua Separate BV can meet them again.
  2. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in whole or in part in writing.
  3. In a situation of force majeure, Aqua Separate BV does not owe any (damage) compensation, not even if it enjoys any advantages as a result of the force majeure situation.

Change of the agreement

If, after concluding the agreement for its implementation, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.

Change of delivery conditions

  1. Aqua Separate BV is entitled to change or supplement these terms of delivery.
  2. Changes of minor importance can be made at any time.
  3. Aqua Separate BV will discuss major substantive changes with the customer in advance as much as possible.
  4. A consumer is entitled to terminate the agreement in the event of a substantial change to the terms of delivery.

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 Aqua Separate BV.
  2. This provision applies as a clause with effect under property law as referred to in Article 3:83, paragraph 2 of the Dutch Civil Code.

Consequences nullity or voidability

  1. If one or more provisions of these terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.
  2. In that case, a provision that is void or voidable will be replaced by a provision that comes closest to what Aqua Separate BV had in mind when drawing up the conditions on that point.

Applicable law and competent court

  1. These terms and conditions of delivery and any agreement between the parties are exclusively governed by Dutch law.
  2. The Dutch court in the district where Aqua Separate BV is established has exclusive jurisdiction to take cognizance of any disputes between the parties, unless the law prescribes otherwise.

Applicability of delivery conditions

  1. These delivery conditions are applicable since May 11, 2023.

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