General Terms and Conditions of Sale Aviva Distribution B.V.
Article 1 - Definitions 1.1 Aviva Distribution BV, established in Enschede, registered with the Chamber of Commerce under number 77270487, hereinafter referred to as "Seller". 1.2 Buyer: any natural person or legal entity that enters into or wishes to enter into an agreement with Seller. 1.3 Consumer: the natural person who does not act in the exercise of a profession or business. 1.4 Agreement: any agreement concluded between Seller and Buyer for the purchase and delivery of products. 1.5 Products: the goods offered by Seller via the web shop.
Article 2 - Applicability 2.1 These general terms and conditions apply to all offers, orders and agreements between Seller and Buyer. 2.2 Deviations from these conditions are only binding if agreed in writing. 2.3 If a provision of these conditions proves to be null and void or voidable, the other provisions remain in full force.
Article 3 - Offers and Prices 3.1 All offers and prices are without obligation and can be changed by Seller at any time. 3.2 All prices are exclusive of VAT for business Buyers and inclusive of VAT for Consumers, unless stated otherwise. 3.3 Any shipping costs will be stated separately during the ordering process.
Article 4 - Orders and Payment 4.1 Orders will only be processed after receipt of full payment, unless otherwise agreed. 4.2 Payment can be made via the payment methods offered on the website. 4.3 If the payment term is exceeded, the Buyer is legally in default and the Seller is entitled to charge statutory interest and collection costs.
Article 5 - Delivery and Shipping 5.1 Delivery will be made to the address specified by the Buyer. 5.2 The delivery times are indicative and exceeding them does not entitle the Buyer to compensation or termination of the agreement. 5.3 The risk of loss or damage to the products is transferred to the Buyer at the time of delivery.
Article 6 - Right of withdrawal and returns (Consumers) 6.1 Consumers have the right to withdraw from the purchase within 14 days after receipt without giving any reason. 6.2 Returns must be registered in advance and the products must be returned in their original condition and packaging. 6.3 The costs for returns are for the account of the Consumer, unless otherwise agreed. 6.4 Business Buyers have no right of withdrawal unless otherwise agreed.
Article 7 - Warranty and Complaints 7.1 Seller guarantees that the products meet the agreement and the reasonable expectations of the Buyer. 7.2 Complaints must be reported in writing within 7 days after discovery. 7.3 If a complaint is found to be justified, Seller will proceed to replacement or refund.
Article 8 - Liability 8.1 Seller is not liable for any indirect damage, consequential damage or loss of profit. 8.2 Seller's liability is limited to the invoice amount of the product in question.
Article 9 - Force Majeure 9.1 In the event of force majeure, the Seller is not obliged to fulfil its obligations and may suspend or terminate the agreement without any obligation to pay damages.
Article 10 - Applicable Law and Disputes 10.1 All agreements and disputes are governed by Dutch law. 10.2 Disputes will preferably be resolved by mutual agreement. If this fails, disputes will be submitted to the competent court in Almelo.