General Terms and Conditions
General Terms and Conditions of A2BC BV
These are our General Terms and Conditions. These General Terms and Conditions always apply when you use or place an order through the website located at www.a2bc.com (the “Site”). These General Terms and Conditions contain important information for you as a user of the Site. Please read them carefully. We also recommend that you save or print these General Terms and Conditions so that you can consult them at a later date.
Article 1 — Definitions
1.1 Agreement: any arrangement or agreement between A2BC BV and the Client of which the General Terms and Conditions are an integral part.
1.2 Client: the natural person who is entitled to or company who enters into an agreement with A2BC BV and/or who registers on the Site.
1.3 General Terms and Conditions: these General Terms and Conditions.
1.4 A2BC BV: Company based in Groningen (Netherlands) and registered with the Chamber of Commerce under file number 54085187, trading as A2BC BV.
1.5 Site: the website located at www.a2bc.com and all of its subdomains.
Article 2 — Applicability of the General Terms and Conditions
2.1 The General Terms and Conditions apply to all offers, agreements and deliveries of A2BC BV, unless explicitly agreed otherwise in writing.
2.2 If the Client in his order, confirmation or any other communication alleging acceptance of the General Terms and Conditions includes any provisions that differ from, or are not in included the General Terms and Conditions, such provisions will only be binding upon A2BC BV if and in so far as A2BC BV has explicitly accepted them in writing.
Article 3 — Prices and information
3.1 All prices posted on the Site and in other materials originating from A2BC BV exclude taxes and other levies imposed by the government, unless stated otherwise on the Site.
3.2 If shipping costs are charged there are two options. Or the costs will be clearly stated in good time before the contract is concluded or A2BC BV will make Client a separate offer for shipping.
3.3 The content of the Site is composed with the greatest care. A2BC BV cannot, however, guarantee that all information on the Site is correct and complete at all times. All prices and other information posted on the Site and in other materials originating from A2BC BV are subject to the correcting of any typographical and/or programming errors.
3.4 A2BC BV cannot be held responsible for deviations in color that result from the quality of the colors displayed on the screen.
Article 4 — Conclusion of the Agreement
4.1 The Agreement shall deemed to be concluded the moment A2BC BV confirms the acceptance in writing (including e-mail) of the offer by Client, subject to the conditions stipulated by A2BC BV. In the absence of an express confirmation by A2BC no Agreement shall be deemed concluded.
4.2 If it is found that, in accepting or otherwise entering into the Agreement, the Client has provided incorrect data, A2BC BV will have the right to demand fulfilment of the Client’s obligations until the correct data is received.
Article 5 — Registration
5.1 To make optimal use of the Site, the Client has to register using the registration form/the account sign-in option on the Site.
5.2 During the registration process, the Client will be asked to choose a user name and password with which the Client can log on to the Site. The Client is responsible for choosing and safeguarding his or her password.
5.3 The Client must keep his or her login credentials, user name and password strictly confidential. A2BC BV cannot be held liable for any misuse of the login credentials and is always entitled to assume that the individual who logs on to the Site as the Client is, in fact, the Client. The Client is responsible for, and bears the full risk of, any and all actions and transactions occurring via the Client’s account.
5.4 If the Client knows or has reason to suspect that its login details have become available to unauthorized parties, it will be required to change its password as soon as possible and/or to notify A2BC BV accordingly so as to allow A2BC BV to take appropriate measures.
Article 6 — Execution of the Agreement
6.1 As soon as possible after conclusion of the agreement, it will send the products to the Client without delay and with due regard for the provisions of Article 6.3 and Article 7.
6.2 A2BC BV is authorized to engage third parties in the fulfilment of its obligations under the Agreement.
6.3 Only by Agreement it is possible to let the product ship to Client. Another way of execute the Agreement is by releasing the product directly to Client.
6.4 If A2BC BV is unable to deliver the products within an agreed term, it will notify the Client accordingly. In such event, the Client can decide to agree to a new delivery date without incurring any new costs. A2BC BV is also entitled to cancel the order (for no reason) without any right for Client to demand compensation for any damage or what so ever.
6.5 A2BC BV advises the Client to inspect the products upon receipt and to report any defects within an appropriate period, in writing (which includes email), preferably within 48 hours. For further details, see Article 9 entitled, ”Complaints”.
6.6 The risks of loss transfers (if shipment by A2BC BV is agreed) to the Client at the time they are delivered to the agreed delivery address. Otherwise the risk of loss transfers to the Client when Client take over (release the product) the Products directly from A2BC BV.
6.7 If the ordered product can no longer be supplied, A2BC BV is entitled to deliver a product which is comparable in nature and quality to the ordered product. In that case, the Client will have the right to dissolve the Agreement without incurring any costs and to return the product free of charge.
Article 7 — Payment
7.1 The Client shall pay the amounts due to A2BC BV in accordance with the ordering procedure and any payment methods indicated on the Site. A2BC BV is free to offer any payment method of its choice and may change these methods at any time. Unless agreed otherwise Client shall pay the products in advance or if possible by escrow account.
Article 8 — Warranties and conformity
8.1 A2BC BV warrants that the products are suitable for their intended uses and that they satisfy all laws and regulations applicable to such products that are in force as of the date the products are shipped to the Client. A2BC BV may offer warranties beyond suitability for normal use and conformity to reasonable expectations. Such additional warranties may be subject to additional fees.
8.2 If the delivered product fails to satisfy the Agreement at delivery, A2BC BV must be notified thereof no later than 48 hours after delivery. Should the Client fail to do so, the Client is no longer entitled to have the product replaced.
8.3 If A2BC BV deems the complaint to be correct, the faulty product(s) will be, replaced or (partially) refunded in consultation with the Client.
Article 9 — Complaints handling procedure
9.1 If the Client has any grievances in connection with a product (in accordance with Article 6.3 and Article 8 entitled, “Warranties and Conformity”), or about other aspects of A2BC BV ’s Site or service, it can submit a complaint by email or post. Contact details are provided at the end of these General Terms and Conditions.
9.2 A2BC BV will respond to the complaint as soon as possible, and in any case within 7 days after having received it. If it is not possible for A2BC BV to formulate a substantive response to the complaint by that time, A2BC BV will confirm receipt of the complaint within 7 days after having received it and give an indication of the term within which we expect to be able to give a substantive or definitive response to the Client.
Article 10 — Liability
10.1The total liability of A2BC BV in respect of the Client due to an attributable failure to perform the Agreement is limited to compensation not exceeding the price stipulated for that particular Agreement (including VAT).
10.2 The liability of A2BC BV in respect of the Client for indirect damages or losses, including, without limitation, consequential damages, lost profits, lost savings, loss of data and damage due to business interruption, is excluded.
10.3 A2BC BV will only be liable to the Client on account of an attributable failure in the performance of an Agreement if the Client issues a proper notice of default to A2BC BV without delay stipulating a reasonable period of time in which to remedy the failure, and A2BC BV thereafter fail to cure the default within the applicable time period. The notice of default must contain a description of the failure in as much detail as possible to enable A2BC BV to provide an adequate response.
10.4 Any event giving rise to compensation is always subject to the condition that the Client reports the damage or loss in writing to A2BC BV as soon as possible, but no later than within 30 days after the damage or loss has arisen.
10.5 A2BC BV is not liable to pay compensation for any damage or loss the Client has incurred as a result of a force majeure event.
10.6 Except as otherwise explicitly provided in this Article 11, A2BC BV is not subject to any liability, irrespective of the grounds upon which an action or proceeding may be based. The restrictions set out in this Article, will, however, cease to apply if and insofar as the damage or loss is the result of an intentional act or gross negligence on the part of A2BC BV.
Article 11 — Retention of title
11.1 As long as the Client has not made any full payment on the total amount agreed A2BC BV will retain ownership of all the goods delivered.
Article 12 — Personal details
12.1 A2BC BV will process the Client’s personal data in accordance with the privacy statement published on the Site.
Article 13 — Final provisions
13.1 These General Terms and Conditions are governed by the laws of the Netherlands.
13.2 Unless mandatory law requires otherwise, any disputes arising with respect to these General Terms and Conditions will be submitted to the competent Dutch court in the district where A2BC BV has its registered office.
13.3 If any provision of these General Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not impair, affect or render invalid or unenforceable any other provision of these General Terms and Conditions, and such invalid or unenforceable provision shall be replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provision.
13.4 The term ‘written’ in these General Terms and Conditions also refers to communication by email and fax, provided that the sender’s identity and the integrity of the email message have been sufficiently established.
Should you have any questions, complaints or comments after reading these General Terms and Conditions, or if you need to provide us with notice, please contact us by email or post.
Verlengde Hereweg 173
9721 AP Groningen
+31 50 211 186 1
Chamber of Commerce: 54085187