TERMS OF CONDITIONS
Article 1 – Identity
These are the General Terms and Conditions of AYELE
Name of company: AYELE
Registered at Klaroenstraat 30, 1104HW AMSTERDAM
E-mail address: firstname.lastname@example.org
Chamber of Commerce number: 80406327
VAT number: On request
Article 2 – Definitions
The following is understood in these General Terms and Conditions:
1. Additional agreement: an agreement where a consumer purchases products in connection with a remote agreement and these products are delivered by AYELE or by a third party based on an agreement between this third party and AYELE;
2. Cooling-off period: the period during which a consumer can use his right of withdrawal;
3. Consumer: the private individual who does not act for purposes that are related to his trade, business, craft or professional activity;
4. Day: business day;
5. Durable data carrier: any resource – including e-mail – that enables a consumer or AYELE to store information personally addressed to it in a manner that enables future reference or use during a period that is aligned with the purpose for which the information is intended and that makes unchanged reproduction of the stored information possible;
6. Right of withdrawal: the possibility for a consumer to withdraw from the remote agreement within the cooling-off period;
7. Remote agreement: an agreement that is concluded between AYELE and a consumer in the context of an organised system for the remotely selling of products where one or more techniques for remote communication is/are exclusively or partly used until the conclusion of the agreement;
8. Technique for remote communication: resource that can be used for concluding an agreement where a consumer and AYELE do not have to be present in the same room.
Article 3 – Scope
1. These General Terms and Conditions are applicable to any offer from AYELE and to any concluded remote agreement between AYELE and a consumer.
2. Before the agreement is concluded remotely, the content of these General Terms and Conditions will be provided to the consumer electronically in such a manner that the consumer can store them easily on a durable data carrier. If this is reasonably not possible, AYELE will, before the agreement is concluded remotely, indicate how the General Terms and Conditions can be viewed electronically and state that, if requested, they will be sent to the consumer free of charge, either electronically of in some other way.
3. Discount codes and codes for free shipping are not valid on sale items.
Article 4 – The offer
1. If an offer is valid for a limited period or is made subject to conditions, this will be mentioned explicitly in the offer.
2. Obvious mistakes or faults in the offer of products will not be binding on AYELE.
3. Every offer contains such information that it is clear for the consumer what the rights and obligations are that are connected with the acceptance of the offer.
Article 5 – The agreement
1. The agreement is concluded at the moment of acceptance of the offer by the consumer and compliance with the corresponding set conditions.
2. If the consumer has accepted the offer electronically, AYELE will immediately confirm receipt of the acceptance of the offer electronically.
3. AYELE will provide the following information to the consumer no later than with delivery:
• Address of the AYELE branch that the consumer can contact, for example in case of complaints;
• the way in which the consumer can use the right of withdrawal and under which conditions, or clear notification regarding being excluded from the right of withdrawal;
• the information about warranties and existing service after purchase;
• the price of the product, including all taxes, any applicable delivery costs and the payment method, delivery or performance of the remote agreement;
Article 6 – Right of withdrawal
1. The consumer can terminate an agreement related to the purchase of a product without giving reasons during a cooling-off period of 14 days. AYELE may ask the consumer for the reason for withdrawal, but the consumer is not obliged to give any reason(s).
2. The cooling-off period mentioned in paragraph 1 will start on the day after the consumer, or a third party appointed by the consumer beforehand, who is not the transporter, has received the product.
Article 7 – Obligations of the consumer during the cooling-off period
1. During the cooling-off period the consumer will handle the product and the packaging carefully. He will only unwrap it, but will not wear it.
2. The consumer is liable for any depreciation of the product that is caused by handling of the product that goes beyond what is allowed in paragraph 1.
Article 8 – Exercising of the right of withdrawal by the consumer and the costs thereof
1. If the consumer uses his right of withdrawal, he will report this to AYELE within the cooling-off period by using a clear method.
2. The consumer will return the product as soon as possible, but within 14 days from the day following the notification as mentioned in paragraph 1. In any case, the consumer will have observed the returns deadline if he returns the product before the cooling-off period has expired.
3. The consumer will return the product with all supplied accessories, in the original condition and packaging if reasonably possible, and in accordance with the instructions provided by AYELE.
4. The risk and burden of proof for correct and timely exercising of the right of withdrawal lies with the consumer.
5. The consumer will bear the direct costs for returning the product.
6. Further required information regarding the returning of a product is mentioned on the website.
7. If the consumer uses his right of withdrawal, all additional agreements will be legally dissolved.
Article 9 – Obligations of AYELE in the event of withdrawal
1. AYELE will use the same payment method for refunds which were used by the consumer unless the consumer agrees to another method. The refund is free of charge for the consumer.
Article 10 – The price
1. During the validity period mentioned in the offer the prices of the offered products will not be increased, except for price adjustments caused by changes in VAT tariffs.
2. The prices of products mentioned in the offer are inclusive of VAT.
Article 11 – Compliance with the agreement and extra warranty
1. AYELE guarantees that the products comply with the agreement, the specifications mentioned in the offer, reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations that are applicable on the date the agreement is concluded.
2. In any event, no claims can be made under paragraph 1 of this article in case of (i) damage caused by intent or negligence, (ii) normal wear and tear and/or (iii) damage caused by not observing or incorrectly observing the instruction manual or usage instructions.
3. An extra warranty provided by AYELE, its supplier, manufacturer or importer will never limit the legal rights and claims that the consumer can assert against AYELE based on the agreement if AYELE fails to comply with its part of the agreement.
4. Extra warranty means any commitment by AYELE, its supplier, importer or producer that rewards the consumer with certain rights or claims that go beyond what is required by law in case it fails to comply with its part of the agreement.
Article 12 – Delivery and performance
1. AYELE will devote the highest possible care to the acceptance and execution of orders for products.
2. Delivery will take place while stocks last.
3. The ownership of the supplied products will pass to the consumer after the amount owed has been paid. The risk relating to the products will be transferred at the moment of delivery to the consumer.
4. The delivery address is the address that the consumer has provided to AYELE.
5. The consumer should provide the correct address and e-mail address to AYELE. In addition, any changes thereto should be notified to AYELE on time. If the consumer has provided the wrong address for the delivery, the risk is for the consumer.
6. AYELE will execute accepted orders with due haste though within 3 days, unless another delivery time has been agreed upon.
7. After dissolution in accordance with the previous paragraph, AYELE will immediately refund the amount which the consumer has paid.
8. The risk of damage to and/or loss of products lies with AYELE until the moment of delivery to the consumer or a representative appointed beforehand and notified to AYELE, unless explicitly agreed otherwise.
Article 13 – Payment
1. AYELE offers the following safe payment methods:
• Creditcard: during the order process the buyer can fill in his/her credit card number and the expiry date of his/her credit card. The buyer has to make sure that the exact name as written on the credit card is filled in. The payment authorization process will take place and the buyer will be informed whether or not the payment has been approved.
• PayPal: by using Paypal, the buyer can transfer money from their bank account, credit card account, or Paypal account.
• iDEAL: for buyers with a Dutch bank account, it is possible to use iDEAL. iDEAL has been developed in a joint effort by Dutch banks. The iDEAL payment system connects to the most common Online Banking systems and is a trustworthy payment system.
• Bancontact/Mr.Cash: for buyers with a Belgian bank account it is possible to pay using Bancontact/Mr. Cash. Bancontact/Mr. Cash is a joint initiative of the Belgian banks and stands for quick payment process without any errors. Bancontact/Mr. Cash is, among others, available for account holders of KBC, Dexia and ING bank. Thanks to the use of the pin code, a transaction can be finalized in a fast and safe way.
2. The buyer will be bound to the terms and conditions of the payment provider of its choice in relation to the payment. AYELE has no control over these terms and conditions and cannot be held responsible for the contents there of.
Article 14 – Force majeure
1. AYELE and the consumer are not obliged to comply with any obligation if they are hindered in doing so as a result of a circumstance that is not their fault and which is not regarded as their responsibility under the law, a legal act or generally accepted practice.
Article 15 – Complaints procedure
1. AYELE has a sufficiently disclosed complaints procedure and deals with complaints in accordance with this complaints procedure.
2. Complaints regarding the performance of the agreement must be submitted to AYELE as soon as the consumer has identified the defects, with a full and clear description.
3. Complains submitted to AYELE will be answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, AYELE will, within the period of 14 days, send a message of receipt with an indication of when the consumer can expect a more extensive answer.
Article 16 – Miscellaneous
1. Possible deviations from these General Terms and Conditions can only be agreed in writing. No rights can be derived from such deviations with regard to subsequent legal relationships.
2. The administrative records of AYELE will be deemed as proof of the requests and/or orders issued by the consumer, except where proof is provided to the contrary. The consumer acknowledges that electronic communication can serve as proof.
3. AYELE has the right to transfer the rights and obligations from the agreement with you to a third party by giving you a single notification thereof.
4. If and insofar as any provisions of the General Terms and Conditions are declared void or annulled, the remaining provisions of these General Terms and Conditions will remain in force without prejudice. In that case, AYELE will determine a new provision to replace the void/annulled provision, whereby the meaning of the void/annulled provision will be observed as much as possible.
Article 17 – Applicable law and jurisdiction
1. Agreements, and all non-contractual obligations arising therefrom, between AYELE and the consumer to which these General Terms and Conditions apply, are subject exclusively to Dutch law.