General 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 right of withdrawal

Article   9 - The price

Article 10 - Conformity and warranty

Article 11 - Delivery and execution

Article 12 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

 

Article 1 - Definitions

In these conditions the following definitions apply:

 

1. Reflection period: the period within which the customer can exercise his right of withdrawal;
2. Day: calendar day;
3. Duration transaction: a distance contract relating 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 addressed to him personally in a way that allows future consultation and unchanged reproduction of the stored information.
5. Right of withdrawal: the option for the customer to cancel the distance contract within the cooling-off period;
6. Model form: the model withdrawal form that the entrepreneur makes available that a customer can complete if he wants to exercise his right of withdrawal.
7. Entrepreneur: the natural or legal person who offers products and/or services remotely to customers;
8. Distance contract: an agreement in which, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;
9. Technology for remote communication: means that can be used to conclude an agreement, without the customer and entrepreneur being together in the same room at the same time.
10. General 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 from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the customer.
2. Before the distance contract 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 contract 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 customer's request.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the customer electronically in such a way that it can be easily stored by the customer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the customer's request.
4. In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply 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 to him.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the remainder of the agreement and these terms and conditions will remain in force and the relevant provision will be immediately replaced by mutual agreement by a provision that approximates the scope of the original as much as possible.
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. Any uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted '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 made subject to conditions, this will be expressly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the customer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement.
5. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly to 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 associated with acceptance of the offer. This concerns in the
   special
   • the price excluding and including taxes;
   • any shipping costs;
   • the manner 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 will be archived after its conclusion, and if so, how it will be archived for the customer can be consulted;

 

Article 5 - The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the customer of the offer and compliance with the conditions set.
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 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 secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can - within 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 conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the customer in an accessible manner on a durable data carrier:
6. the correspondence address of the entrepreneur where the customer can go with complaints;
7. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal, can be found at www.amavi-pmu.com
8. Information about warranties and existing after-sales service can be found at www.amavi-pmu.com
9. the information included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the customer before the execution of the agreement.
10. Every agreement is entered into under the conditions precedent of sufficient availability of the products in question.

 

Article 6 - Right of withdrawal

When delivering products:

1. When purchasing products, the customer the option to terminate the agreement within 14 days. This reflection period starts on the day after receipt of the product by the consumer.
2. During the reflection period, the customer handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. It is only permitted to use machines on a practice skin. Returns cannot be accepted if used on/in the skin.
3. Opened sterilized products are not allowed to be returned.
4. If the customer exercises the right of withdrawal, he will return the product with all accessories supplied 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 If he wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days of receipt of the product. This notification serves the purpose of: customer to be done using the model form or by means of another means of communication such as by e-mail. After the customer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The customer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
6. If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

 

Article 7 - Costs in case of withdrawal

1. If the customer exercises his right of withdrawal, the customer will be responsible for a maximum of the return shipping costs.
2. If the customer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after cancellation. This is subject to the condition that the product has already been received back by the customerAmavi PMU whether conclusive proof of complete return can be submitted. Refunds will be made via the same payment method used at the time of purchase.
3. If the product is damaged 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 depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before concluding the purchase agreement.

 

Article 8 - Exclusion of right of withdrawal

1. The entrepreneur can exclude the customer's right of withdrawal 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 concluding the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
3. that have been created by the entrepreneur in accordance with the consumer's specifications;
4. that are clearly personal in nature;
5. which by their nature cannot be returned;
6. that can spoil or age quickly;
7. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
8. for hygienic products and sterilized products with an expiry date. 

 

Article 9 - The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability to fluctuations and the fact that any prices stated are target prices are stated in 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 takes effect.
7. The prices stated in the offer of products or services are exclusive of VAT.
8. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

 

Article 10 - Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations in force on the date of the conclusion of the agreement. 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 under the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of delivery. Products must be returned in the original packaging and in new condition.
4. The entrepreneur's warranty period corresponds to the manufacturer's 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 regarding the use or application of the products.
5. The warranty does not apply if:

• The customer has repaired and/or edited the delivered products himself or had them repaired and/or edited by third parties;
• The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or are contrary to the instructions of the entrepreneur and/or on the packaging;
• The defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

 

Article 11 - Delivery and execution

1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the customer has communicated to the company.
3. Subject to 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 delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 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 stated periods. Exceeding a term does not entitle the customer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.
6. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. No later than upon delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.

 

Article 12 - Payment

1. Unless otherwise agreed, the amounts owed by the customer must be paid within 7 working days after the commencement of the reflection period referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period commences after the customer has received confirmation of the agreement.
2. The customer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
3. In the event of non-payment by the customer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the customer in advance.

 

Article 13 - Complaints procedure

1. Complaints must be submitted fully and clearly described to the entrepreneur within 2 months after the customer has discovered 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 foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the customer can expect a more detailed answer.
3. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
4. In case of complaints, a customer first contact the entrepreneur via hello@amavi-pmu.com 
5. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
6. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his option, replace or repair the delivered products free of charge.

 

Article 14 - Disputes

1. Agreements between the entrepreneur and the customer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the customer lives abroad.
2. The Vienna Sales Convention does not apply.