ALK Abelló BV General Terms and Conditions
Kerutabs is an ALK Abelló BV product. We recommend that you read these General Terms and Conditions carefully so that you are aware of your rights and obligations under the terms of our Agreement. In these General Terms and Conditions, you are designated as being the Customer. For ease of reading, we have chosen to use the male form, but also mean ‘she’, whenever we state ‘he’.
Article 1. Definitions
In these General Terms and Conditions, the following capitalised terms have the following meanings:
General Terms and Conditions
these ALK Abelló BV General Terms and Conditions;
the combination of the Customer’s username and password for placing an order on the Website;
the natural person who places an order on the Website;
ALK Abelló BV
the private company ALK Abelló (hereinafter referred to as ‘ALK’), with its registered office and principal place of business at Transistorstraat 25 in (1322 CK) Almere; The Netherlands.
the Agreement between the Customer and ALK that is concluded via the Website on the basis of which the Customer purchases the Product from ALK;
a Product that is offered by ALK on the Website.
the ALK Privacy Statement, which can be found on the Website;
the ALK Website, https://www.kerutabs.com/, on which the Product is offered;
Article 2. Applicability
- The General Terms and Conditions apply to every ALK offer on the Website, the use of the Website and every Agreement reached via the Website.
- ALK may change and/or supplement these General Terms and Conditions at any time. Changes do not apply to Agreements already concluded. The most recent General Terms and Conditions can be found on the Website. If the Customer does not agree with the changed and/or supplemented General Terms and Conditions, the Customer cannot order the Product.
Article 3. Offers and establishment of the Agreement
- The Agreement is concluded when the order process is completed, which includes acceptance of the General Terms and Conditions.
- An offer on the Website is always without obligation and may be revoked by ALK without delay after an order has been placed.
- ALK is not bound by obvious errors and mistakes in that offered on the Website.
Article 4. Use and availability of the Website
- ALK does not guarantee that information on the website is always correct, up to date or complete.
- During the ordering process, the Customer can enter his Login details. On providing Login details, the Customer is responsible for ensuring that the information provided to ALK when creating the Login details is correct, complete and up to date.
- The Customer is responsible and liable for all use of his Login details.
- As soon as the Customer knows or has reason to suspect that the Login details have come into the hands of unauthorised persons, the Customer must inform ALK of this, without prejudice to his own obligation to take immediate effective measures, such as changing the Login details.
- ALK reserves the right to change the Customer’s login procedure and/or Login details if it considers this necessary in the interests of the Website performance.
Article 5. Price and payment
- The stated Product price is valid at the time this is presented on the Website.
- VAT is included in the total stated price. The Website will mention additional costs, such as shipment and payment costs.
- The Website will also mention the payment options. If the Customer chooses a payment method after delivery, the payment period depends on the chosen payment method, as indicated on the Website. The payment term is considered to be a strict deadline.
- If the Customer fails to pay on time or ALK is unable to collect the amount due by the Customer’s chosen means of payment before the end of the payment term, the Customer will be in default, irrespective of whether ALK sends a further reminder.
- If the Customer is in default with regard to the payment obligation, the supplier may pass on the claim. In such cases, the costs incurred by ALK will be borne by the Customer in accordance with the graduated scale of extrajudicial collection costs (BIK).
Article 6. Delivery
Delivery periods stated on the Website and/or in the order process are indicative and do not constitute a deadline.
Article 7. Privacy
Data and personal data are provided to ALK when visiting the Website, placing an order and when entering Login details. These personal data and other data will be processed in accordance with the ALK Privacy Statement and the applicable laws and regulations.
Article 8. Cooling-off period and complaints
- The Customer is entitled to dissolve the Agreement within 14 days of receipt of the Product, without giving reasons, unless one of the exceptions in article 6:230p of the Dutch Civil Code applies. If applicable, the Customer may exercise this right by using the cancellation template as provided by ALK and by returning the supplied Product to ALK. The costs for return shipment are for the Customer.
- In the event of cancellation of the Agreement, the Customer is obliged to return the unwanted delivered Product as soon as possible, but within 14 days at the latest.
- In the event of cancellation, ALK will refund the Customer the amount already paid pursuant to the Agreement within 14 days of receipt of the statement of cancellation. ALK is entitled to deduct the reduction in value of the Product from the amounts to be refunded, if the reduction in value is the result of use by the Customer that goes beyond what is necessary to establish the nature, characteristics and effectiveness of the Product.
- If the Customer has opted for a shipping method other than the standard shipping method, only the costs for standard shipping will be refunded by ALK.
- Complaints regarding the Product may be sent to email@example.com. ALK will respond to complaints within a reasonable period.
Article 9. Conformity
- If a Product does not comply with the Agreement, ALK will, at its discretion, rectify the Product free of charge within a reasonable period or, if a Product or parts of this are missing, it will deliver the Product again. If correction of the Product is not possible or cannot be expected of ALK, ALK will replace the Product.
- If ALK has not rectified the Product within a reasonable period, the Customer is entitled to contact another party for correction. ALK will reimburse any reasonable costs made by this third party with respect to the repair.
- It is not possible to claim the Product’s non-compliance with the Agreement if the Customer was already aware, or could reasonably have been aware of the defect at the time the Agreement was concluded, or if the nature of the purchased Product or the nature of the defect precludes this.
Article 10. Liability
- ALK is not liable for indirect or consequential damages, such as loss of profit, loss of turnover, loss of expected savings and other similar financial losses, or loss of goodwill or good name or reputation.
- Insofar as ALK is liable, this liability is limited to a maximum of the price of the Product.
Article 11. Miscellaneous
- The Customer may not transfer rights and obligations arising from the Agreement to third parties.
- Dutch law applies to the Agreement.