General Terms and Conditions açarú

E-mail: purexauthentic@gmail.com

Website: acaru.nl

Article 1 – Definitions

1.       açarú: PURE AND AUTHENTIC TRADING, located in Maastricht, Chamber of Commerce (KvK) number 86264303.

2.       Customer: the party with whom açarú has entered into an agreement.

3.       Parties: açarú and Customer collectively.

4.       Consumer: a customer who is also an individual and acts as a private person.

Article 2 – Applicability

1.       These conditions apply to all quotations, offers, orders, agreements, and deliveries of services or products by or on behalf of açarú.

2.       Deviations from these conditions are only valid if agreed upon in writing by açarú and the Customer.

3.       açarú and the Customer explicitly exclude the applicability of the Customer’s or others’ general terms and conditions.

Article 3 – Prices

1.       açarú uses prices in euros, including VAT and excluding any other costs such as administration or shipping costs unless otherwise agreed in writing.

2.       açarú may change the prices of its services and products on its website and in other communications at any time.

3.       Increases in the costs of products or parts thereof, which açarú could not foresee at the time of the offer or the conclusion of the agreement, may lead to price increases.

4.       The consumer has the right to cancel an agreement due to a price increase in paragraph 3 unless the increase is the result of a legal regulation.

Article 4 – Samples and Models

1.       When the Customer has received a sample or model of a product, the Customer cannot derive any rights from it other than that it is an indication of the nature of the product, unless agreed otherwise in writing.

Article 5 – Payments and Payment Term

1.       açarú may require an advance payment of up to 50% of the agreed amount when entering into the agreement.

2.       The Customer must have paid a post-payment within 7 days after delivery.

3.       The payment terms set by açarú are strict. If the Customer has not paid the agreed amount by the last day of the payment term, the Customer is automatically in default, without açarú having to send a reminder or notice of default to the Customer.

4.       açarú may make a delivery dependent on immediate payment or demand security for the total amount of services or products.

Article 6 – Consequences of Late Payment

1.       If the Customer does not pay within the agreed period, açarú may charge statutory interest of 2% per month for non-commercial transactions from the day the Customer is in default, with a part of a month counting as a whole month.

2.       When the Customer is in default, the Customer must also pay extrajudicial collection costs and any damages to açarú.

3.       The collection costs are calculated in accordance with the Decree on compensation for extrajudicial collection costs.

4.       If the Customer does not pay on time, açarú may suspend its obligations until the Customer has paid.

5.       In case of liquidation, bankruptcy, attachment, or suspension of payment on the part of the Customer, açarú’s claims against the Customer are immediately due.

6.       If the Customer refuses to cooperate in the execution of the agreement by açarú, the Customer must still pay the agreed price.

Article 7 – Right of Reclamation

1.       When the Customer is in default, açarú may invoke the right of reclamation regarding the unpaid products delivered to the Customer.

2.       açarú exercises its right of reclamation by written or electronic communication to the Customer.

3.       Once the Customer has been informed of the invoked right of reclamation, the Customer must immediately return the relevant products to açarú unless agreed otherwise in writing.

4.       The Customer pays the costs for the retrieval or return of the products in paragraph 3.

Article 8 – Right of Withdrawal

1.       A consumer may cancel an online purchase within 14 days of purchase without giving any reason. This right of withdrawal does not apply when:

·         the product has been used

·         it is a product that is specially made or adapted for the consumer

·         it is a product that cannot be returned for hygiene reasons, such as underwear or swimwear

·         the product is a single magazine or newspaper

·         the consumer has waived his right of withdrawal

2.       The withdrawal period of 14 days in paragraph 1 begins:

·         on the day after the consumer has received the last product or part of 1 order

3.       The consumer can use his withdrawal period by sending an email with that subject to purexauthentic@gmail.com, possibly using the withdrawal form available on açarú’s website, acaru.nl.

4.       The consumer must return the product to açarú within 14 days of notifying his right of withdrawal, failing which his right of withdrawal will lapse.

Article 9 – Reimbursement of Delivery Costs

If the consumer has timely revoked his purchase and returned the full order to açarú on time, açarú will refund any shipping costs paid by the consumer within 14 days after receiving the timely fully returned order.

The costs of delivery are only borne by açarú to the extent that the full order is returned.

Article 10 – Return Costs

If the consumer invokes his right of withdrawal and returns the full order on time, the Customer pays the costs for it unless the consumer returns a full order with a minimum value of € 50.00 (excluding shipping costs).

Article 11 – Right of Retention

açarú may use its right of retention and in that case keep the Customer’s products until the Customer has paid all outstanding invoices from açarú, unless the Customer has provided sufficient security for those costs.

The right of retention also applies on the basis of previous agreements for which the Customer still owes money to açarú.

açarú is not liable for any damage the Customer may suffer due to the use of its right of retention.

Article 12 – Retention of Title

açarú remains the owner of all delivered products until the Customer has paid all outstanding invoices from açarú with regard to an underlying agreement, including claims due to failure to perform.

Until then in paragraph 1, açarú may use its retention of title and take back the goods.

Before ownership has passed to the Customer, the Customer may not pledge, sell, alienate, or encumber the products in any other way.

When açarú uses its retention of title, the agreement is thereby undone, and açarú may demand compensation, lost profits, and interest from the Customer.

Article 13 – Delivery

Delivery takes place as long as supplies last.

Delivery takes place at açarú, unless otherwise agreed.

Delivery of online ordered products takes place at the address specified by the Customer.

If the Customer does not pay the agreed amounts or does not pay them on time, açarú may suspend its obligations until the Customer pays.

In case of late payment, there is creditor default, whereby the Customer cannot object to açarú for late delivery.

Article 14 – Delivery Time

The delivery times of açarú are indicative. If delivered later, the Customer cannot derive any rights from it unless agreed otherwise in writing.

The delivery time starts when the Customer has completed the ordering process and has received confirmation from açarú.

The Customer is not entitled to compensation and may not cancel the agreement when açarú delivers later than agreed. The Customer may cancel the agreement if agreed in writing or if açarú cannot deliver within 14 days after being urged to do so in writing or if the Customer and açarú have agreed otherwise.

Article 15 – Actual Delivery

The Customer must ensure that the actual delivery of his ordered products can take place on time.

Article 16 – Transport Costs

The Customer pays the costs for transport, unless the Customer and açarú have agreed otherwise in writing.

Article 17 – Packaging and Shipping

If the packaging of a delivered product is opened or damaged, the Customer must have the carrier make a note of this before accepting the product. If the Customer does not do this, açarú cannot be held liable for any damage.

If the Customer arranges the transport of a product himself, he must report any visible damage to products or packaging to açarú before the transport. If the Customer does not do this, açarú cannot be held liable for any damage.

Article 18 – Storage

If the Customer only takes delivery of ordered products at a later date than the agreed delivery date, the risk of any loss of quality is entirely for the Customer.

Any additional costs due to premature or belated acceptance of products are entirely at the expense of the Customer.

Article 19 – Warranty

The warranty on products only applies to defects caused by faulty manufacturing or construction or faulty material.

The warranty does not apply:

·         in the case of normal wear and tear

·         for damage caused by accidents

·         for damage caused by modifications to the product

·         for damage due to negligence or improper use by the Customer

·         when the cause of the defect cannot be clearly determined

·         The risk of loss, damage, or theft of the products that are the subject of an agreement between parties passes to the Customer at the time they are legally and/or factually delivered, or at least come into the possession of the Customer or a third party who receives the product on behalf of the Customer.

Article 20 – Exchange

The Customer may exchange a purchased item. The following conditions apply:

·         the exchange takes place within 14 days of purchase, with the Customer able to show the original invoice

·         the product is returned in the original packaging and with the attached original price tag

·         the product has not been used

Discounted items, perishable products, custom-made items, or items specially adapted for the Customer cannot be exchanged.

Article 21 – Indemnification

The Customer indemnifies açarú against all claims from others related to the products and/or services delivered by açarú.

Article 22 – Complaints

The Customer must examine a product or service delivered by açarú for any deficiencies as soon as possible.

If a delivered product or service does not meet what the Customer could reasonably expect, the Customer must notify açarú of this within 1 month after discovering the deficiency.

A consumer must notify açarú of this no later than 2 months after discovering the deficiency.

The Customer provides a detailed description of the deficiency so that açarú can respond appropriately.

The Customer must demonstrate that the complaint relates to an agreement between the Customer and açarú.

If a complaint concerns ongoing work, the Customer cannot demand that açarú perform other work than agreed upon.

Article 23 – Notice of Default

The Customer must make any notice of default known to açarú in writing.

The Customer is responsible for ensuring that its notice of default actually reaches açarú on time.

Article 24 – Liability of the Customer

When açarú enters into an agreement with multiple Customers, each of them is jointly and severally liable for fulfilling the agreements in that agreement.

Article 25 – Liability açarú

açarú is only liable for damage suffered by the Customer when that damage is caused by intent or deliberate recklessness.

If açarú is liable for damage, this only applies to direct damage related to the execution of an underlying agreement.

açarú is not liable for indirect damage, such as consequential damage, loss of profit, or damage to third parties.

When açarú is liable, this liability is limited to the amount paid by a closed (professional) liability insurance. If no insurance is taken out or no damage amount is paid, liability is limited to the (part of the) invoice amount to which the liability relates.

All images, photos, colors, drawings, descriptions on the website, or in a catalog are only indicative and cannot lead to any compensation, dissolution, or suspension.

Article 26 – Expiry period

Any right of the Customer to compensation from açarú expires 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 BW.

Article 27 – Dissolution

The Customer may annul the agreement when açarú is attributable in default in the performance of its obligations, unless this default does not justify dissolution due to its special nature or minor significance.

If the performance of obligations by açarú is still possible, dissolution can only take place after açarú is in default.

açarú may annul the agreement with the Customer if the Customer does not fulfill its obligations under the agreement in full or on time, or if açarú becomes aware of circumstances that give him good reason to believe that the Customer will not fulfill its obligations.

Article 28 – Force Majeure

In addition to Article 6:75 BW, it is stipulated that a shortcoming by açarú cannot be attributed to açarú when there is force majeure.

The force majeure situation in paragraph 1 also includes:

  – a state of emergency such as civil war or natural disaster

  – default or force majeure by suppliers, delivery services, or others

  – power, electricity, internet, computer, or telecom failures

  – computer viruses

  – strikes

  – government measures

  – transport problems

  – adverse weather conditions

  – work stoppages

If a force majeure situation occurs that prevents açarú from fulfilling one or more obligations to the Customer, those obligations will be suspended until açarú can fulfill them.

From the moment a force majeure situation has lasted at least 30 calendar days, both the Customer and açarú may annul the agreement in writing in whole or in part.

açarú is not obliged to pay compensation to the Customer in a force majeure situation, even if açarú benefits from it.

Article 29 – Amendment of the Agreement

If it is necessary for the performance thereof to amend a closed agreement, the Customer and açarú can adjust the agreement.

Article 30 – Amendment of the General Terms and Conditions

açarú may amend these general terms and conditions.

Minor changes may always be implemented by açarú.

açarú will discuss significant changes as much as possible with the Customer in advance.

In the event of a significant change in the general terms and conditions, a consumer may terminate the underlying agreement.

Article 31 – Transfer of Rights

The Customer may not transfer rights from an agreement with açarú to others without written permission from açarú.

This provision applies as a clause with property law effect as in Article 3:83 paragraph 2 BW.

Article 32 – Consequences of Nullity or Voidability

If one or more provisions of these general terms and conditions are null and void or voidable, this has no effect on the other provisions of these terms and conditions.

A provision that is null and void or voidable will be replaced in that case by a provision that comes as close as possible to what açarú had in mind when drafting the conditions on that point.

Article 33 – Applicable Law and Competent Judge

Dutch law applies to these general terms and conditions and any underlying agreement between the Customer and açarú.

The judge in the district of the place of establishment of açarú has exclusive jurisdiction to hear any disputes between the Customer and açarú, unless the law provides otherwise.

Drawn up on January 14, 2024.