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Terms and Conditions

 

Table of contents:

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The Agreement

Article 6 - Right of withdrawal

Article 7 - Costs in case of withdrawal

Article 8 - Exclusion of the right of withdrawal

Article 9 - The price

Article 10 - Conformity and warranty

Article 11 - Delivery and implementation

Article 12 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

 

Article 1 - Definitions

In these terms and conditions::

 

  1. Reflection: the period within which the customer can use his right of withdrawal;
  2. Day: calendar day;
  3. Endurance: a distance agreement with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
  4. Sustainable data carrier: Any means that enables the customer or entrepreneur to store information that is personally addressed to him in a way that makes future consultation and unaltered reproduction of the stored information possible.
  5. Right of withdrawal: the possibility for the customer to refrain from the distance agreement within the cooling -off period;
  6. Model form: the model form for withdrawal that makes the entrepreneur available that a customer can fill in when he wants to use his right of withdrawal.
  7. Entrepreneur: the natural or legal person who offers products and/or services remotely to customers;
  8. Distance agreement: an agreement in which in the context of a system for sales of products and/or services organized by the entrepreneur, up to and including the conclusion of the agreement, use is made solely of one or more techniques for remote communication;
  9. Technology for remote communication: means that can be used for concluding an agreement, without the customer and entrepreneur being simultaneously gathering in the same room.
  10. Terms and Conditions: the present general terms and conditions of the entrepreneur.

 

Article 2 - Identity of the entrepreneur

Amavi Pmu B.V.

T: 085-0605306

@; hello@amavipmu.com

www.amavi-pmu.com

Chamber of Commerce: 83229930

VAT identification number: NL862781218B01

 

Article 3 - Applicability

  1. These general terms and conditions apply to every offer of the entrepreneur and to every distance agreement and orders between entrepreneur and customer.
  2. Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the customer. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the customer.
  3. If the distance agreement is concluded electronically, contrary to the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may be made available to the customer electronically in such a way that this is on by the customer A simple way can be stored on a sustainable data carrier. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated where the general terms and conditions can be taken into account electronically and that they will be sent free of charge electronically or in any other way at the request of the customer.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraph applies mutatis mutandis and in the event of conflicting general terms and conditions, the customer can always rely on the applicable provision that is most favorable for him is.
  5. If one or more provisions in these General Terms and Conditions are wholly or partially invalid or are annulled at any time, then the agreement and these terms and conditions will continue for the other and the relevant provision will be replaced in mutual consultation by a provision that the scope will Approached as much as possible from the original.
  6. Situations that are not regulated in these general terms and conditions must be assessed "in the spirit" of these general terms and conditions.
  7. Uncertainties about the interpretation or content of one or more provisions of our conditions must be explained "in the spirit" of these general terms and conditions.

 

Article 4 - The offer

  1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
  2. The range is without obligation. The entrepreneur is entitled to change and adjust the offer.
  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to make a good assessment of the offer possible by the customer. If the entrepreneur uses images, they are a truthful representation of the products and/or services offered. Obvious mistakes or apparent errors in the offer do not bind the entrepreneur.
  4. All images, specifications data in the offer are indication and cannot be a reason for compensation or termination of the agreement.
  5. Images with products are a truthful representation of the products offered. Entrepreneur cannot guarantee that the displayed colors will exactly match the real colors of the products.
  6. Each offer contains such information that it is clear to the customer what the rights and obligations are attached to the acceptance of the offer. This concerns in it
    special
    • the price excluding and including taxes;
    • any shipping costs;
    • the way in which the agreement will be concluded and what actions are required for this;
    • whether or not the right of withdrawal applies;
    • the method of payment, delivery and execution of the agreement;
    • whether the agreement is archived after the conclusion, and if so how it is for the customer can be consulted;

 

Article 5 - The Agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the customer of the offer and the compliance with the conditions set with it.
  2. If the customer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the customer can terminate the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensures a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate safety measures for this.
  4. The entrepreneur can - within the legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible for concluding the distance agreement. If the entrepreneur has good grounds on the basis of this investigation not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
  5. With the product or service to the consumer, the entrepreneur will send the following information in writing or in such a way that it can be stored by the customer in an accessible manner on a sustainable data carrier:
  6. the correspondence address of the entrepreneur where the customer can go with complaints;
  7. The conditions under which and the way in which the consumer can use the right of withdrawal, or a clear report on the exclusion of the right of withdrawal can be found on www.amavi-pmu.com
  8. The information about guarantees and existing service after purchase can be found on www.amavi-pmu.com
  9. The information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the customer before the implementation of the agreement.
  10. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

 

Article 6 - Right of withdrawal

Upon delivery of products:

  1. When purchasing products, the customer the possibility to terminate the agreement for 14 days. This cooling -off period starts on the day after receiving the product by the consumer.
  2. During the reflection time, the customer Carefully handle the product and the packaging. He will only unpack or use the product to that extent insofar as it is necessary to be able to assess whether it wishes to retain the product. It is only permitted to use machines on a practice skin. When used on/in the skin, the return cannot be accepted.
  3. Opened sterilized products are not allowed to return.
  4. If the customer of the right of withdrawal uses, he will return the product with all supplied accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  5. When the customer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days, after receiving the product. Making it known is the customer to do via the model form or by means of another means of communication such as by e-mail. After the customer has made it known to make use of his right of withdrawal, the customer must return the product within 14 days. The customer must prove that the delivered goods have been returned in time, for example by means of proof of shipment.
  6. If, after the end of the periods referred to in paragraphs 2 and 3, the customer has not made known to make use of his right of withdrawal resp. The product has not returned to the entrepreneur, the purchase is a fact.

 

Article 7 - Costs in case of withdrawal

  1. If the customer uses his right of withdrawal, the costs of return are for his account.
  2. If the customer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition is that the product has already been reclaimed by the Amavi PMU or conclusive proof of complete return can be submitted. Reimbursement will be made via the same payment method as used with the purchase.
  3. In the event of damage to the product due to careless handling by the customer himself, the customer is liable for any reduction in value of the product.
  4. The customer cannot be held liable for value reduction of the product if not all legally required information about the right of withdrawal has been provided by the entrepreneur, this must be done before concluding the purchase agreement.

 

Article 8 - Exclusion of the right of withdrawal

  1. The entrepreneur can exclude the right of withdrawal of the customer for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
  3. that have been established by the entrepreneur in accordance with specifications of the consumer;
  4. who are clearly personal in nature;
  5. that cannot be returned by their nature;
  6. who can spoil or age quickly;
  7. of which the price is bound by fluctuations on the financial market on which the entrepreneur has no influence;
  8. For hygienic products and sterilized products with an expiration date.

 

Article 9 - The price

  1. During the validity period stated in the offer, the prices of the products and/or services offered are not increased, except for price changes as a result of changes in VAT rates.
  2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are bound by fluctuations on the financial market and on which the entrepreneur has no influence, with variable prices. This bondage to fluctuations and the fact that any prices mentioned are target prices are stated with the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and::
  5. these are the result of legal regulations or provisions; or
  6. The customer has the authority to cancel the agreement with effect from the day on which the price increase starts.
  7. The prices mentioned in the range of products or services are exclusive of VAT.
  8. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

 

Article 10 - Conformity and warranty

  1. The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, to the reasonable requirements of reliability and/or usability and the legal provisions and/ Or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of delivery. Return of the products must be done in the original packaging and in new condition.
  4. The entrepreneur's warranty period corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice with regard to the use or application of the products.
  5. The warranty does not apply if:
  • The customer has repaired and/or edited the products delivered themselves or has it repaired and/or edited by third parties;
  • The products delivered to abnormal circumstances have been exposed or other carelessly treated or contrary to the instructions of the entrepreneur and/or treated on the packaging;
  • The deficiency is wholly or partly the result of regulations that the government has or will set with regard to the nature or quality of the materials applied.

 

Article 11 - Delivery and implementation

  1. The entrepreneur will observe the greatest possible care when receiving and in the implementation of orders of products and when assessing applications for services.
  2. The place of delivery is the address that the customer has made known to the company.
  3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders on working days within 1 to 2 working days, unless the Consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or only partially executed, the consumer will receive a message at the latest 1 working day after he has placed the order. In that case, the customer has the right to terminate the agreement without costs. The customer is not entitled to compensation.
  4. All delivery times are indicative. The consumer cannot derive any rights from any times mentioned. Exceeding a term does not entitle the customer to compensation.
  5. In the event of termination in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than within 14 days after dissolution.
  6. If the delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to make a replacement item available. It will be reported in a clear and understandable manner at the latest that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of a possible return shipment are for the account of the entrepreneur.

 

Article 12 - Payment

  1. Insofar as it has not been agreed otherwise, the amounts owed by the customer must be paid within 7 working days after the start of the cooling -off period as referred to in Article 6 paragraph 1. In the event of an agreement to provide a service, this period starts after the customer has received the confirmation of the agreement.
  2. The customer has the duty to immediately report inaccuracies in provided or stated payment data to the entrepreneur.
  3. In the event of non -payment of the customer, the entrepreneur has the right to charge the customer known to the customer, subject to legal restrictions.

 

Article 13 - Complaints procedure

  1. Complaints must be submitted to the entrepreneur in full and clearly defined within 2 months, after the customer has found the defects via hello@amavi-pmu.com
  2. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a message of receipt and an indication when the customer can expect a more detailed answer.
  3. If the complaint cannot be resolved in mutual consultation, a dispute that is susceptible to the dispute settlement will arise.
  4. In case of complaints, a customer First of all to turn to the entrepreneur via hello@amavi-pmu.com
  5. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
  6. If a complaint is found to be well -founded by the entrepreneur, the entrepreneur will, of its choice or the products delivered, replace or repair it free of charge.

 

Article 14 - Disputes

  1. There is only Dutch law applicable to agreements between the entrepreneur and the customer to which these general terms and conditions relate. Even if the customer lives abroad.
  2. The Vienna Sales Convention does not apply.
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