General Terms and Conditions Altura Gear BV
Article 1. Applicability of these terms and conditions
1.1 These general terms and conditions apply to all activities and offers of Altura Gear BV and to all agreements entered into with Altura Gear BV. Altura Gear BV is a trade name of Riswick Holding BV
1.2 In addition to these general terms and conditions, if expressly indicated, additional terms and conditions may apply to a certain type of product or transaction. If there are differences between the additional terms and conditions and the general terms and conditions, the provisions of the additional terms and conditions will in principle prevail over the general terms and conditions, unless stated otherwise.
1.3 The general terms and conditions can only be deviated from after a written request has been submitted to this effect and a written confirmation has been received from Altura Gear BV. In this case, the other provisions of the general terms and conditions remain in full force.
1.4 By using the internet site(s) of Altura Gear BV and/or placing an order, the customer accepts these general terms and conditions.
1.5 General terms and conditions used by the customer do not apply unless expressly agreed in writing by Altura Gear BV. Once the customer has concluded a contract with Altura Gear BV on the basis of these general terms and conditions, it is assumed that these general terms and conditions also tacitly apply to any subsequent orders or. agreements to be concluded, which are passed on orally, in writing, by fax or electronically.
1.6 ‘Buyer’ is understood to mean: any natural or legal person, or his legal successor(s), who is or will be in a contractual relationship of whatever nature with Altura Gear BV.
1.7 Altura Gear BV reserves the right to change or supplement the general terms and conditions from time to time.
Article 2. Quotation, offer and conclusion of the agreement
2.1 Offers or quotations must be regarded as an invitation to customers to make a purchase. Altura Gear B.V. shall not be bound by this in any way, unless it is set forth in writing and unambiguously. If the customer wishes to make use of the invitation to make a purchase, this will only lead to the conclusion of an agreement if the other provisions of this article have been met.
2.2 Offers and different rates are valid as long as stocks last.
2.3 A quotation made by name is valid for two weeks, unless a different term is stated in the quotation.
2.4 A purchase from the customer as referred to in Article 2.1 is deemed to have been made in one of the following circumstances:
a. the potential customer has entered the data on the appropriate form on the internet site and the completed order form has been sent electronically to Altura Gear BV and has been received by Altura Gear BV.
b. the potential customer has expressly indicated by telephone, fax or e-mail that he wishes to purchase a certain product.
c. during his visit to Altura Gear BV, the potential customer has expressly indicated that he wishes to purchase a certain product.
d. Altura Gear BV has issued a personalized quote/offer which has been confirmed or signed by the customer and which has been returned by Altura Gear BV.
2.5 An agreement is concluded at the moment that Altura Gear BV has started the execution of the order, or if this has not yet started, an order confirmation has been handed over to the customer or sent by e-mail to the specified by the customer. e-mail address. Altura Gear BV has the right to revoke an agreement without stating reasons or to enter into it exclusively under the condition that the shipment takes place after payment in advance. In the event that this payment condition is not clearly stated in writing or verbally to the customer when the purchase is made, Altura Gear BV will inform the customer of this within ten days of receipt of the order.
2.6 The customer and Altura Gear BV expressly agree that a valid agreement is concluded by using electronic forms of communication as soon as the conditions in Article 2.4 and 2.5 have been met. In particular, the lack of an ordinary
signature does not affect the binding force of the offer and its acceptance. The electronic files of Altura Gear BV apply, insofar as the law allows, as a presumption of evidence.
2.7 Information, images, verbal announcements, statements regarding functionalities, prices, weights, dimensions, colours, etc. with regard to all products and offers that are provided by telephone, e-mail or via the internet are (re)presented as accurately as possible or done. However, Altura Gear BV does not guarantee that all offers and products are fully in accordance with the information provided. In principle, deviations cannot give rise to compensation and/or dissolution.
Article 3. Prices
3.1 All prices on the internet sites of Altura Gear BV are expressed in euros, in accordance with the relevant legal regulations, and are exclusive of VAT (unless stated otherwise) and exclusive of shipping costs, any COD charges and any disposal contribution and/or levies.
3.2 The customer owes the price that Altura Gear BV has communicated to the customer in its order confirmation in accordance with Article 2.5 of the general terms and conditions. Obvious errors in the quotation, such as obvious inaccuracies, can also be corrected by Altura Gear B.V. after the conclusion of the contract.
3.3 If the prices for the offered products and services increase in the period between the order and its execution, the customer can cancel the order or dissolve the agreement within ten days after notification of the price increase by Altura Gear BV.
3.4 Delivery costs are not part of the product prices but are calculated separately. Special rates apply for delivery outside the Netherlands. With regard to certain payment methods, further conditions apply with regard to the delivery method and the associated costs. This is clearly communicated to the customer.
Article 4. Payment
4.1 The right of ownership of the ordered products rests with Altura Gear BV until full payment has been made and has been received by Altura Gear BV, including compensation for all costs and interest, including previous and subsequent deliveries and services rendered, as well as claims for damages due to failures in the fulfillment. Only then does the right of ownership transfer to the customer.
4.2 Payment can be made in the following ways:
- prepayment;
- by direct debit;
- on account, but only if agreed in advance in writing.
4.3 In the event of non-payment or late payment by the customer, the day on which payment should have taken place at the latest until the day of full payment on the outstanding amount, an interest of 1.5% per month, whereby a month started for a full month is counted.
4.4 In the event that a payment term has been agreed by Altura Gear BV, the customer is in default by the mere expiry of this term without Altura Gear BV having received the payment. Payment terms can only be agreed in writing under conditions to be set and agreed upon at that time.
4.5 In case of untimely payment, Altura Gear B.V. is authorised to dissolve the contract with immediate effect or to suspend (further) delivery until the time when the client has fully complied with the payment obligations, including payment of the interest and costs due.
4.6 Altura Gear BV reserves the right to outsource the claim to a bailiff or debt collection agency.
4.7 All (extra-)judicial costs of whatever nature that Altura Gear BV has had to incur as a result of the customer’s failure to fulfill its (payment) obligations, will be borne by the customer.
Article 5. Delivery and delivery time
5.1 After electronically placing an order via (one of) the internet site(s) of Altura Gear BV, the customer will receive an order confirmation by e-mail, if possible, within 24 hours, containing an overview of the relevant customer and order data, including the ordered products, prices, the delivery address, the selected delivery method and shipping costs.
5.2 Delivery times are determined after receipt and processing of an order, whereby Altura Gear BV aims to inform the customer of this as soon as possible. A delivery term made known by Altura Gear BV is only an indication, therefore no rights can be derived from this. For orders that are delivered on prepayment, a delivery deadline of 30 days after receipt of payment applies.
5.3 With a delivery time longer than four weeks, the customer has the right to cancel the order. After the fourth week, Altura Gear BV will contact the customer about this.
5.4 If a product that is not in stock is ordered by a customer, it will be indicated when the product will most likely be available. It is possible that products that are available or available on one of the internet sites of Altura Gear BV. are indicated in stock, but are not available or are in stock. No rights can be derived.
5.5 Deliveries take place at the delivery address specified by the customer during the conclusion of the agreement.
5.6 As soon as the products to be delivered have been delivered to the specified delivery address, the risk with regard to these products is transferred to the customer. Altura Gear BV accepts no liability for damage or loss of products during the shipping process.
5.7 Exceeding a delivery time can never lead to compensation towards Altura Gear BV
5.8 Deviating conditions may apply for deliveries abroad.
5.9 Altura Gear BV reserves the right to deliver and invoice ordered goods in partial consignments.
Article 6. Catalogues, folders, printed matter, price lists, internet site(s)
The content of catalogues, folders, printed matter, price lists, internet sites and the like is compiled by Altura Gear BV with great care, but only contains general information that is not binding on Altura Gear BV and which may not be relied on unconditionally.
Article 7. Data provision by customers
Altura Gear BV is entitled not to perform an agreement, not further or not (anymore) under the same conditions if it appears to it that information provided by the customer that is important for the execution of the agreement is not correct and/or incomplete. . Altura Gear BV can then claim compensation for efforts made and costs incurred up to that point and is itself not obliged to pay any amount to the customer.
Article 8. Defects, complaint terms
8.1 The purchaser must inspect the purchased goods upon delivery – or as soon as possible thereafter – on pain of automatic forfeiture of his rights. In doing so, the customer must check whether the delivered goods comply with the agreement. The customer must, among other things, investigate whether:
a. the right items have been delivered;
b. the delivered goods correspond in quantity with what has been agreed;
c. the delivered goods meet the agreed quality requirements or – if these are missing – the requirements that may be set for normal use and/or commercial purposes.
8.2 If visible defects or shortcomings are found, the customer must report these to Altura Gear BV in writing within five days of delivery.
8.3 Non-visible defects must be reported to Altura Gear BV in writing within eight days after discovery, and at the latest within 12 months after delivery.
8.4 Even if the customer complains in time, his obligation to pay and accept orders placed will continue to exist, and the customer is not entitled to compensation. Goods can only be returned to Altura Gear BV after prior written permission.
8.5 Altura Gear BV is never obliged to take back delivered goods. If, contrary to the above, Altura Gear B.V. agrees to take back the goods it has delivered, any costs Altura Gear B.V. incurs because the client sends goods to Altura Gear B.V. unstamped, carelessly packaged or incorrectly addressed, will be recovered from the client.
Article 9. Warranty and liability provisions
9.1 For the products supplied by Altura Gear BV only the warranty applies, as determined by the manufacturer of the product concerned. Altura Gear BV only fulfills a counter function during this period.
9.2 If the product shows a design, material or manufacturing defect within the warranty period, the customer is entitled to repair or replacement of the product. The customer must at all times first contact Altura Gear BV to verify the defect, before returning the product. The return costs of the defective product are for the account of the customer.
9.3 Altura Gear B.V. is never obliged to pay any compensation to the client or others, unless there is intent or gross negligence on the part of Altura Gear B.V. Altura Gear B.V. is never liable for consequential or trading losses, indirect damage and loss of profits or turnover.
9.4 If Altura Gear BV, for whatever reason, is obliged to compensate any damage, the compensation will never exceed an amount equal to the invoice value with regard to the product that caused the damage.
9.5 The guarantee does not apply if damage is the result of incorrect treatment by the customer or if the customer has acted contrary to the (user) instructions.
No warranty is given and the above warranty is Altura Gear BV’s sole obligation.
9.6 The client is obliged to indemnify Altura Gear B.V. against any claim that third parties could assert against Altura Gear B.V. in connection with the performance of the contract, in so far as the law does not oppose that the relevant damage and costs must be borne by the client.
Article 10. Force of the majority
10.1 In the event of force majeure, Altura Gear BV is not obliged to fulfill its obligations towards the customer, or the obligation is suspended for the duration of the force majeure. If the period of suspension lasts longer than thirty days, both parties are authorized to rescind the agreement in whole or in part, without any obligation to pay damages.
10.2 Force majeure is understood to mean any circumstance beyond its control, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented. Those circumstances include, but are not limited to: strikes; fire; business failures; power failures; malfunctions in a (telecommunications) network or connection or used communication systems; the unavailability of the internet site(s) at any time; transport difficulties or obstacles of any nature as a result of which the transport to Altura Gear BV or from Altura Gear BV to the customer is hindered or impeded; the absence of any permit to be obtained from the government.
Article 11. Intellectual property rights
11.1 The buyer expressly acknowledges that all intellectual property rights of displayed information, images, announcements or other statements regarding the products and/or internet site(s) belong to Altura Gear B.V., its suppliers or other entitled parties.
11.2 Intellectual property rights are understood to mean: patent, copyright, trademark, drawing and model rights and/or other (intellectual property) rights, including patentable or non-patentable technical and/or commercial know-how, methods and concepts.
11.3 The customer is prohibited from making use of or. make changes to the intellectual property rights described in this article, such as, for example, reproduction, without the express prior written consent of Altura Gear B.V., its suppliers or other claimants, unless it is purely for private use in relation to the
product itself.
Article 12. Registration and use of personal data
12.1 Altura Gear BV will only use the customer’s data for the conclusion of an agreement and possibly making offers from its side. Data will not be provided to third parties under any circumstances.
12.2 The customer can request, change and/or view the data provided to Altura Gear BV at any time.
12.3 The registration of the personal data is not secured by encryption of the data by means of encryption with SSL.
12.4 Altura Gear BV observes the applicable privacy rules and legislation.
Article 13. Applicable law and competent court
13.1 All offers and agreements are exclusively governed by Dutch law.
13.2 Altura Gear BV expressly excludes, insofar as applicable, the provisions of the Vienna Sales Convention.
13.3 All disputes related to or arising from offers of Altura Gear B.V. or contracts concluded with Altura Gear B.V. shall be submitted to the competent court in Leeuwarden, unless the law explicitly designates another court as competent.
These general terms and conditions have been filed with the Chamber of Commerce. At the time of filing, Altura Gear B.V. is located at Flevolaan 32 in Weesp.