General Terms of Delivery & Payment

Article 1. Applicability

1.1 These General Terms and Conditions shall apply to all offers, orders and agreements of Aquarevitaliser B. V. (= parent company of bodyRevitaliser).
1.2 Accepting an offer or placing an order implies that you accept the applicability of these Conditions.
1.3 The provisions of these Conditions may only be deviated from in writing, in which case the other provisions remain in full force and effect.
1.4 All rights and claims, as stipulated in these Conditions and any further agreements for the benefit of Aquarevitaliser, shall likewise be stipulated for the benefit of intermediaries and other third parties engaged by Aquarevitaliser.

Article 2. Offers/agreements

2.1 All offers made by Aquarevitaliser are without obligation and Aquarevitaliser expressly reserves the right to change the prices, in particular, if this is necessary on the basis of (legal) regulations. See also Article 3.6.
2.2 An agreement is only concluded after acceptance of Your order by Aquarevitaliser. Aquarevitaliser is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, Aquarevitaliser will inform You within ten (10) working days after receipt of the order.

Article 3. Pricing and payments

3.1 The prices stated for the products and services offered are in Euros (€), including VAT and excluding handling and shipping costs, any taxes or other levies, unless otherwise stated or agreed upon in writing.
3.2 Payment can be made per Mollie Payment Portal (integrated in our Webshop) or per own advance payment. In the case of payment by bank or giro, the date of payment shall be deemed to be the date of crediting of the giro or bank account of Aquarevitaliser.
3.3 The invoice amount is to be paid at the time of ordering with prior quotation - without deduction of costs and/or discount -
- within fourteen (14) days after the invoice date if it concerns deliveries within the Netherlands, and
- within twenty-one (21) days after the invoice date if it concerns deliveries outside the Netherlands,
unless explicitly agreed otherwise in writing.
3.4 If the payment term is exceeded, You will be in default from the day the payment should have taken place and you will owe default interest of 1% per month or part of a month on the outstanding amount from that day onwards. If payment takes place after a reminder by Aquarevitaliser, you will also owe an amount of twenty-five euros (€ 25.00) in administration costs. If Aquarevitaliser outsources its claim for collection, you will also owe the collection costs, which are at least fifteen percent (15%) of the outstanding amount, without prejudice to the right of Aquarevitaliser to claim instead the actual extrajudicial collection costs incurred.
3.5 If you are in default of payment, Aquarevitaliser shall be entitled to suspend or dissolve the relevant agreement and related agreements.
3.6 If the prices for the products and services offered increase in the period between the order and its execution, You are entitled to cancel the order or to dissolve the agreement within ten (10) days after notification of the price increase by Aquarevitaliser.

Article 4. Delivery

4.1 The delivery times stated by Aquarevitaliser are only indicative. Exceeding any delivery term does not entitle You to compensation for damages or the right to cancel your order or dissolve the agreement. unless the delivery term is so unreasonable that this cannot be required of You. An exception to this is when Aquarevitaliser has placed a binding order with its supplier especially for You. You may expect Aquarevitaliser to maintain an open communication about this and to strive for the best possible delivery time.
4.2 The delivery of the products shall take place from the place and time at which the products are ready for dispatch to You.
4.3 For Webshop Orders the shipping costs apply, as stated on our page "Shipping and Delivery". The shipping costs for the delivery of wholesale products are based on weight and volume and are calculated per order and communicated to You by means of a quotation.

Article 5. Retention of title

5.1 Ownership of the delivered products will only pass to You if you have paid all that You owe to Aquarevitaliser on the basis of any agreement. The risk in respect of the products already passes onto You at the moment of delivery.

Article 6. Intellectual and industrial property rights

6.1 You must fully and unconditionally respect all intellectual and industrial property rights vested in the products supplied by Aquarevitaliser.
6.2 Aquarevitaliser guarantees that the products delivered to Jou do not infringe any (unwritten) intellectual and/or industrial property rights of third parties.

Article 7. Claims and liability

7.1 You have the obligation to check upon delivery, whether the products comply with the order. If this is not the case, You must give Aquarevitaliser notice as soon as possible but in any case within fourteen (14) working days after delivery, at least after observation was reasonably possible, in writing/email and motivated, if possible with recognizable photographs.
7.2 If it has been demonstrated that the products do not comply with the agreement, Aquarevitaliser may choose to replace the products in question with new ones upon return of these products or to refund the invoice value thereof.
7.3 You have a legal right of withdrawal at Aquarevitaliser. Within 14 days after delivery You can report Your order to be returned. You don't have to give a reason for this, although Aquarevitaliser has the right to ask for it. After You have indicated that you wish to exercise Your right of withdrawal, You have 14 days to actually return Your product.
Afterwards we will refund the full purchase price (including shipping costs paid) to You within 14 days. The shipping costs for the return shipment to Aquarevitaliser are at your own expense. To exercise Your right of withdrawal, You can also contact our customer service department at [email protected] OR You can revoke Your order in Your Aquarevitaliser account. You do this by going to Your order history and going through the "return requests" process.

Artikel 8. Guarantee

8.1 If Aquarevitaliser supplies products to You as a customer, Aquarevitaliser is never bound to a more extensive warranty towards Jou as a customer than Aquarevitaliser can claim from its supplier. Any applicable warranty period will always be clearly stated on the invoice.
8.2 Complaints for externally visible defects must be submitted in writing by the buyer in accordance with the contractual conditions, but no later than 14 (fourteen) days after receipt of the goods. For consumers a term of 30 (thirty) days applies. Complaints received by Aquarevitaliser after the expiry of this period do not need to be dealt with by Aquarevitaliser.

Article 9. Orders/communication

9.1 Aquarevitaliser shall not be liable for any misconceptions regarding unclear formulations, delays or incorrect transmission of orders and announcements resulting from the use of the Internet or any other means of communication in traffic between Jou and Aquarevitaliser, or between Aquarevitaliser and third parties, insofar as they relate to the relationship between Jou and Aquarevitaliser, unless and insofar as there is intent or gross negligence.

Article 10. Force majeure

10.1 Without prejudice to the other rights to which it is entitled, in the event of force majeure, Aquarevitaliser shall have the right, at its own discretion, to suspend the execution of Your order or to dissolve the agreement without judicial intervention, by notifying You in writing and without Aquarevitaliser being obliged to pay any compensation, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.
10.2 Force majeure is understood to mean every shortcoming, which cannot be attributed to Aquarevitaliser, because it cannot be blamed for its fault and is not for its account pursuant to the law, legal act or generally accepted opinions.

Article 11. Miscellaneous

11.1 If You provide Aquarevitaliser with an address and other relevant contact details in writing, Aquarevitaliser is entitled to send all orders to that address, unless You provide Aquarevitaliser with a written statement of another address to which Your orders must be sent. You are solely responsible for errors in this data and all costs, delays and other inconveniences are at your expense.
11.2 If Aquarevitaliser has been allowed by Aquarevitaliser for a short or longer period of time, whether or not tacit deviations from these Conditions are permitted, this does not affect its right to demand immediate and strict compliance with these Conditions. You can never assert any right based on the fact that Aquarevitaliser smoothly applies these Conditions.
11.3 If one or more of the provisions of these Conditions or any other agreement with Aquarevitaliser should be contrary to any applicable legal regulation, the provision in question shall lapse and shall be replaced by a new legally permissible comparable provision to be determined by Aquarevitaliser.
11.4 Aquarevitaliser is authorized to use third parties for the execution of your order (s).

Article 12. Applicable law and authorized court

12.1 All rights, obligations, offers, orders and agreements to which these Conditions apply, as well as these Conditions, are exclusively governed by Dutch law.
12.2 All disputes between the parties will exclusively be submitted to the competent court in the Netherlands.

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