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TERMS AND CONDITIONS OF AQUALIAS

 

These Terms and Conditions of AQUALIAS contain important information for you as a customer. Please read these terms and conditions carefully. We also recommend that you download these terms on your computer or print them, so that you can access them at a later time if needed.

 

  1. Definitions

1.1. Terms: These Terms and Conditions of the webshop of AQUALIAS.

1.2. AQUALIAS: AQUALIAS, a trade name of ELIAQO under the laws of the Netherlands, established in Amsterdam and registered with the Chamber of Commerce under number 73870323, VAT number NL204195561B01.

1.3. Webshop: consult the webshop of AQUALIAS, through www.aqualias.com.

1.4. Customer: the natural or legal person who enters into an Agreement with AQUALIAS by means of the Webshop. Customer acts either as a private individual, either on behalf of a company or professional entity.

1.5. Agreement: Any understanding or agreement between AQUALIAS and the Customer concluded from a distance. The Terms are an integral part of the Agreement.

 

  1. Communication

2.1. Should you have any questions or comments with regard to AQUALIAS, please send an e-mail to info@aqualias.com.

 

  1. Applicability of these Terms

3.1. The Terms apply to all offers, Agreements and deliveries by AQUALIAS, unless the parties have expressly agreed otherwise in writing.

3.2. Deviating conditions from the Customer are rejected, unless AQUALIAS expressly accepts such conditions in writing before the order date.

3.3. These Terms do not apply to third-party products that are displayed in the Webshop and for which Customer, by clicking on that product, will be redirected to a third-party merchant in order to purchase that product from that third party.

 

  1. Prices and Information

4.1. All prices mentioned on the Webshop and other materials derived from AQUALIAS include tax as well as any government levies, unless otherwise stated.

4.2. The amount of shipping costs payable by the Customer will be displayed in the order process in the shopping basket screen.

4.3. Although the content of the Webshop is selected with due care, AQUALIAS cannot guarantee that all information on the webshop is at all times correct and complete. All prices and other information on the Webshop and other materials originating from AQUALIAS are subject to obvious programming errors and typos.

 

  1. Conclusion of the Agreement

5.1. The Agreement is concluded at the moment the Customer accepts the offer of AQUALIAS, which is the moment on which the Customer completes the order process.

 

  1. Payment

6.1. The Customer may only use the payment methods specified in the order process. AQUALIAS is free in its choice of payment methods offered on the Webshop. These payment methods may change from time to time.

 

  1. Implementation of the Agreement

7.1. As soon as AQUALIAS has received the order, AQUALIAS will send the ordered product to the Customer as soon as possible.

7.2. Ordered items will be shipped in principle within 14 days.

7.3. In the event that AQUALIAS is unable to ship the ordered products within the term indicated above, AQUALIAS will inform Customer thereof. In that event Customer may either accept a new delivery date, or terminate the Agreement free of charge.

7.4. Customer must inspect the products immediately upon receipt. In the event of any defects, Customer must notify AQUALIAS by sending an email to info@aqualias.com within three days, accompanied by at least one digital photograph.

7.5. Once the items have been delivered to the specified delivery address, the risk is transferred to the Customer.

 

  1. Right of withdrawal | return option

8.1. This Article 8 only applies to those Customer who make their purchase as a consumer, and not to Customers who act in a professional capacity, or as a representative of a company or other entity.

8.2. The Customer may take the purchased item out of packaging in order to inspect the item.

8.3. The Customer has the right to terminate the Agreement with AQUALIAS within 14 calendar days upon receipt of the product (the “cooling off period”), without the need to state any reason for the termination. The period begins on the day after the Customer has received the product at the delivery address indicated in the order process. In the event that the Customer has ordered several products in one single order, the period shall run as of the date on which he or she has received the final product.

8.4. The Customer may terminate the Agreement, within the cooling-off period by sending an email to info@aqualias.com.

8.5. AQUALIAS will confirm the receipt of such notification. Upon communication of the termination, the Customer is granted 14 days to return the product.

8.6. AQUALIAS will reimburse the purchase price and the original shipping costs to the Customer as soon as possible but no later than 14 days after receipt of the returned items. In case only part of the order is returned shipping costs will not be refunded. The shipping costs of the return shipment are borne by the Customer.

 

  1. Warranty; complaints

9.1. AQUALIAS guarantees that all products offered in the Webshop meet the specifications stated in the offer, the reasonable requirements of quality and usefulness, and that they meet legal provisions and government regulations in force on the date of the conclusion of the Agreement.

9.2. Should the Customer have a complaint about a product and/or about other aspects of the service of AQUALIAS, the Customer can submit such a complaint to AQUALIAS by sending an email to info@aqualias.com.

9.3. AQUALIAS strives to respond to any such complaint as soon as possible, but in any event within 30 days of receipt of the complaint.

9.4. If the Customer is a consumer, he or she can also submit a complaint via the EU dispute settlement platform, accessible via https://webgate.ec.europa.eu/odr/.

 

  1. Privacy

10.1. AQUALIAS processes the personal data of the Customer in accordance with privacy policy published on the Webshop from time to time. The privacy policy can be accessed through www.aqualias.com.

 

  1. Further Provisions

11.1. The Agreement and these Terms are governed by Dutch law.

11.2. Unless provided otherwise by mandatory law, any disputes that may arise from the Agreement will be submitted to the competent Dutch court in the district of Amsterdam.

11.3. In this Agreement, “in writing” indicates communication through email, provided that the identity of the sender is sufficiently clear.

 

  1. Retention of title and liability (only applicable to professional Customers)

12.1. As long as no full payment of the purchased items has been made for the entire agreed amount, all delivered goods remain the property of AQUALIAS.

12.2. This Article 12 shall apply only in the event that the Customer acts in the capacity of his/her profession, or as a representative of a company or other entity, namely by entering a company name in the ordering process.

12.3. The aggregate liability of AQUALIAS to the Customer for breach of the Agreement is limited to the aggregate price (including VAT) of the goods ordered, unless the damage is caused by willful intent or gross negligence of AQUALIAS.

12.4. Liability of AQUALIAS towards the Customer for any indirect damage, including consequential damages, lost profits, lost savings, loss of data and/or loss due to business interruption is excluded at all times.

12.5. Except for the limited liability as described in the preceding two paragraphs of this article, AQUALIAS accepts no liability whatsoever to Customer.

12.6. The liability of AQUALIAS to the Customer for breach of the Agreement is subject to the Customer sending an immediately and proper written notice of default to AQUALIAS, which is not cured within the time period mentioned in that notice. The notice must contain a detailed description of the breach, so that AQUALIAS is able to respond adequately.

12.7. No obligation to pay any form of compensation is accepted unless the Customer reports the alleged damage as soon as possible but no later than 30 days after the occurrence thereof via email to AQUALIAS.

12.8. In the event of force majeure, AQUALIAS cannot be held liable for any damage.