These are our General Terms and Conditions. These General Terms and Conditions always apply when you use our Website or place an order through our Website, and they contain important information for you as a buyer. Please read them carefully. We also recommend that you save or print these General Terms and Conditions so that you can consult them at a later time.
Article 1. Definitions
1.1. Avison BV: based in Amersfoort and registered with the Chamber of Commerce under file number 74570587, trading as Avison BV.
1.2. Website: the Website of Avison BV, to be found on www.avison.eu and all of its subdomains.
1.3. Client: the natural person or corporation who enters into an agreement with Avison BV and/or is registered on the Website.
1.4. Agreement: any arrangement or agreement between Avison BV and the Client of which the General Terms and Conditions are an integral part.
1.5. General Terms and Conditions: these General Terms and Conditions.
Article 2. Applicability of the General Terms and Conditions
2.1. The General Terms and Conditions apply to all offers, agreements and deliveries of Avison BV, unless explicitly agreed otherwise in writing.
2.2. If the Client in his order, confirmation or any other communication alleging acceptance of the General Terms and Provisions includes any provisions that differ from, or are not included in the General Terms and Conditions, such provisions will only be binding upon Avison BV if and in so far as Avison BV has accepted them in writing.
2.3. In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, Client can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.
Article 3. Prices and information
3.1. All prices posted on the Website and in other materials originating from Avison BV include taxes and other levies imposed by the government, unless stated otherwise on the website.
If shipping costs are charged, these will be clearly stated in good time before the contract is concluded. These costs will also be displayed separately in the ordering process.
3.2. The content of the Website is composed with the greatest care. Avison BV cannot, however, guarantee that all information on the Website is correct and complete at all times. All prices and other information posted on the Website and in other materials originating from Avison BV are subject to obvious programming and typing errors.
3.3. Avison BV cannot be held responsible for deviations in colour that result from the quality of the colours displayed on the screen.
Article 4. Conclusion of the Agreement
4.1. The Agreement will be deemed to be concluded at the moment the Client accepts the offer of Avison BV subject to the conditions laid down by Avison BV.
4.2. If the Client has accepted the offer by electronic means, Avison BV will confirm receipt of acceptance of the offer by electronic means without delay. Until such receipt of acceptance is confirmed, the Client will have the possibility to terminate the Agreement.
4.3. If it is found that, in accepting or otherwise entering into the Agreement, the Client has provided incorrect data, Avison BV will have the right to postpone the Agreement until the correct data is received.
Article 5. Registration
5.1. To make optimal use of the Website, the Client can register using the registration form/the account sign-in option on the Website.
5.2. During the registration process, the Client will be asked to choose a user name and password with which he can log on to the Website. The Client alone is responsible for choosing a sufficiently reliable password.
5.3. The Client must keep its login credentials, user name and password strictly confidential. Avison BV cannot be held liable for any misuse of the login credentials and is always entitled to assume that the Client who logs on to the Website is the party that it professes to be. The Client is responsible for and bears the full risk of any and all actions and transactions performed via the Client’s account.
5.4. If the Client knows or has reason to suspect that its login details have become available to unauthorised parties, it will be required to change its password as soon as possible and/or to notify Avison BV accordingly so as to allow Avison BV to take appropriate measures.
Article 6. Execution of the Agreement
6.1. As soon as Avison BV has received the order, it will send the products to the Client without delay and with due regard for the provisions of paragraph 3 of this article.
6.2. Avison BV is authorised to engage third parties in the fulfilment of its obligations under the Agreement.
6.3. Well ahead of the date on which the Agreement is signed, information will be posted on the Website which clearly describes the manner in which and the term within which the products will be delivered. If no delivery term has been agreed or stated, the products will be delivered within 30 days at the latest.
6.4. If Avison BV is unable to deliver the products within the agreed term, it will notify the Client accordingly. In that case the Client can decide either to agree to a new delivery date or to terminate the Agreement without incurring any costs.
6.5. Avison BV advises the Client to inspect the products upon delivery and to report any defects within an appropriate period, preferably in writing or by email. For further details, see the article about guarantee and conformity.
6.6. The risks associated with the products will transfer to the Client as soon as the products are delivered at the agreed delivery address.
6.7. If the ordered product can no longer be supplied, Avison BV is entitled to deliver a product which is comparable in nature and quality to the ordered product. In that case, the Client will have the right to terminate the Agreement without incurring any costs and to return the product free of charge.
Article 7. Right of withdrawal/return
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire,or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
De Windturbine 7
3815 KP Amersfoort
Article 8. Right of withdrawal for Business Customers
8.1. The previous article on the right of withdrawal shall correspondingly apply to business orders, except that:
- Business Customer must dissolve the Agreement with Avison BV within 14 days after receipt of the product.
- after receipt of the return by Avison BV, only the purchase price will be refunded to Business Customer after receipt of the complete order by Avison BV, the full purchase price will be refunded. Customer, however, bears the costs for returning the products.- as soon as possible, but in any event within 30 days after dissolution of the Agreement and receipt of returns by Avison BV, any (advance) payments made by Business Customer will be refunded.
Article 9. Payment
9.1. The Client shall pay the amounts due to Avison BV in accordance with the ordering procedure and any payment methods indicated on the Website. Avison BV is free to offer any payment method of its choice and may change these methods at any time.
Article 10. Warranty and conformity
10.1. This article only applies if the Client is a natural person who is not acting in his or her professional or commercial capacity. If Avison BV gives a separate warranty on the products then, without prejudice to the aforesaid, this applies to all types of Clients.
10.2. Avison BV guarantees that the products are in conformity with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and with the existing statutory provisions and/or government regulations that are in force from the date of entering into the Agreement. If specifically agreed, Avison BV also guarantees that the product is suitable for other than normal use.
10.3. If the delivered product is not in conformity with the Agreement, Client must inform Avison BV within a reasonable period of time after he has discovered the defect.
10.4. If Avison BV deems the complaint to be correct, the faulty product(s) will be repaired, replaced or refunded in consultation with the Client. The maximum amount of compensation is, having regard to the Article on liability, equal to the price paid by Client for the product.
Artikel 11. Warranty on business purchases
11.1. Avison BV guarantees that the products are in conformity with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and with the existing statutory provisions and/or government regulations that are in force from the date of entering into the Agreement. If specifically agreed, Avison BV also guarantees that the product is suitable for other than normal use. Otherwise, it applies that the product is suitable for normal use.
11.2. If the delivered product is not in conformity with the Agreement, Customer must inform Avison BV within a reasonable period of time after he has discovered the defect.
11.3. If Avison BV deems the complaint to be correct, the faulty product(s) will be repaired, replaced or (partially) refunded in consultation with the Customer.
Article 12. Complaints handling procedure
12.1. If the Client has any grievances in connection with a product (in accordance with the article on warranties and conformity) and/or about other aspects of Avison BV’s service, it can submit a complaint by telephone, by email or by post. See the contact details at the bottom of the General Terms and Conditions.
12.2. Avison BV will respond to the complaint as soon as possible, and in any case within 3 days after having received it. If it is not yet possible for Avison BV to formulate a substantive reaction to the complaint by that time, Avison BV will confirm receipt of the complaint within 3 days after having received it and give an indication of the term within which it expects to be able to give a substantive or definitive reaction to the Client’s complaint.
12.3. If the Client is a natural person who is not acting in his or her professional or commercial capacity, it can file a complaint through the European Online Dispute Resolution platform, available at: http://ec.europa.eu/odr/.
Article 13. Liability
13.1. This Article only applies if the Client is a natural person or a legal entity who is acting in a professional or commercial capacity.
13.2. The total liability of Avison BV in respect of the Client due to an attributable failure to perform the Agreement is limited to compensation not exceeding the price stipulated for that particular Agreement (including VAT).
13.3. The liability of Avison BV in respect of the Client for indirect damage or loss, which in any case includes – but is explicitly not limited to – consequential damage, lost profit, lost savings, loss of data and damage due to business interruption, is excluded.
13.4. Aside from the cases referred to in the two previous paragraphs of this Article, Avison BV is not subject to any liability at all in respect of the Client for damages, irrespective of the ground on which the action for damages is based. The restrictions set out in this Article, will, however, cease to apply if and insofar as the damage or loss is the result of an intentional act or gross negligence on the part of Avison BV.
13.5. Avison BV will only be liable to the Client on account of an attributable failure in the performance of an agreement if the Client issues a proper notice of default to Avison BV without delay stipulating a reasonable period of time in which to remedy the failure, and Avison BV also continues to fail to perform its obligations after that period. The notice of default must contain a description of the failure in as much detail as possible to enable Avison BV to provide an adequate response.
13.6. Any event giving right to compensation is always subject to the condition that the Client reports the damage or loss in writing to Avison BV as soon as possible, but no later than within 30 days after the damage or loss has arisen.
13.7. In the event of force majeure Avison BV is not liable to pay compensation for any damage or loss the Client has incurred as a result.
Article 14. Personal details
14.1. Avison BV will process the Client’s personal details in accordance with the privacy statement, which can be found at https://www.avison.eu/privacy-policy/.
Article 15. Final provisions
15.1. This agreement is governed by the laws of the country of establisment of the webshop.
15.2. Insofar as not dictated otherwise by mandatory law, any disputes ensuing from the Agreement will be submitted to the competent Dutch court in the district where Avison BV has its registered office.
15.3. If any provision set out in these General Terms and Conditions should prove to be void, this will not affect the validity of the General Terms and Conditions as a whole. In that case, the Parties will lay down one or more new provisions in replacement which will reflect the original provision as much as is possible under the law.
15.4. The term ‘written’ in these General Terms and Conditions also refers to communication by email and fax, provided that the sender’s identity and the integrity of the email message have been sufficiently established.
Should you have any questions, complaints or comments after reading these General Terms and Conditions, please contact us by email or letter.
De Windturbine 7
3815 KP Amersfoort
Chamber of Commerce 74570587