1.1 These Terms and Conditions apply to all agreements between Arese Trade bv and it's clients after April 1th 2008.
1.2 By placing an order, the client agrees to the Terms and Conditions of Arese Trade bv.
1.3 As a result of changed insights, Arese Trade bv has the right to adjust these Terms and Conditions. The preconditions at the time of the order will apply and be followed.
1.4 These Terms and Conditions apply to every agreement between Arese Trade bv and its clients where the supplier has deemed these as applicable, in case by both parties have not agreed in writing to deviate from these Terms and Conditions.
1.5 These Terms and Conditions are also applicable to agreements with clients where for the execution a third party is required.
1.6 The offered products and/or services are clearly and truthfully displayed and/or described and complete as reasonably required and possess the qualities that are mentioned by Arese Trade bv. In case of a limited duration of the offer, this limitation will be clearly mentioned.
2. Reaching the agreement
2.1 An agreement is reached when the client accepts an offer and has complied with the preconditions.
3. Prices
3.1 Until an agreement is reached, Arese Trade bv has the right to change the price and further conditions mentioned on the website.
3.2 All prices mentioned on the website are including packaging, excluding V.A.T. and shipping costs, and if applicable legal contributions.
4. Delivery
4.1 Delivery by Arese Trading bv occurs in the town of origin of Arese Trade bv by transmission to a shipping company, usually TNT Post. In case the client has special shipping requirements, the additional costs will be charged to the client. All deliveries will be delivered to the indicated address.
4.2 Despite all carefulness that we take with the orders, it can occur that a delivery not, or not complete, will be delivered. In that case the client can report this until 10 days after the initial order. The delivery will eventually on our expense completed or resend.
4.3 The client is obliged to inform Arese Trade bv of every change of address. As long as Arese Trade has not received a change of address, you are believed to reside at the last indicated address en is the client responsible for the ordered goods that are delivered to the old address. By placing an order the client allows Arese Trade bv to inquire, when necessary, to the local or other authorities.
4.4 If the client receives other goods than they ordered, they need to notify Arese Trade bv.
5. Payment
5.1 The client is required to pay either by cash or by bank transfer.
5.2 The client is not allowed to balance payments with counter-claims. The client is also not allowed to postpone payments, for no reason whatsoever.
5.3 Down payments are only possible by bank transfers.
5.4 In case a payment is not received in time, the client is obliged to pay the legal (trade) interest and all legal and extrajudicial cost with a minimum of € 100,-. Arese Trade bv is released from its obligations and allowed to cancel the agreement.
6. Retention
6.1 Delivered goods remain the property of Arese Trade bv until the client has fulfilled its (payment) obligations. This accounts for all obligations for which the law retention allows, regardless for which product the payment obligation exists.
6.2 Arese Trade bv is definitively authorized, when the client does not comply to any obligation, to re-collect the goods that are the property of Arese Trade bv.
7. Right to return
7.1 The client has the right to return the goods purchased at Arese Trade bv within seven working days (approval period), unopened, commencing the day after receiving, in the original packaging, with the a copy of the original invoice of delivery note, when the items were purchased by internet. The returned goods may not have been used, mounted or damaged. Also has the client to comply to the conditions of returning the goods.
7.2 When the goods are not used, returned on time and correctly, Arese Trading bv will pay the amount the client has payed, excluding the costs for shipping and insurance, as soon as possible, but no longer than 30 days after the goods have been returned.
7.3 Excluded from the right to return are:
- Electronic parts
- Electronically parts
- Special orders, orders of spare parts, goods that were especially made of ordered for the client
7.4 The costs for retuning the goods are for account of the client
8. Warranty
8.1 Arese Trade bv guarantees the suitability and/or usability of the delivered goods, in accordance with the offered specifications, also for non-contradicting with legal provisions and regulations on the date of the agreement. The date on the invoice is the commencing date of the warrantee.
The warrantee offered by Arese Trade bv, is invalid with normal wear and tear, or if the damage or defect appears to be the result of:
- Neglected maintenance, intent or gross neglect: in case of defects cased by wrong or injudicious use
- (Over)heating by heating devices, exposing the goods to moist, extreme heat, cold or dryness
- Repairs made by the client or third parties, or in case Arese Trade bv has not been given the opportunity to repair the complaint
- Externally caused disaster (fire, lightning, flooding, nature disasters, etc.)
- Not of not adequately following the user guide or instructions
- Failing to comply with its obligations by the client
- Changing or altering the product or goods by the client
No warrantee is offered on change of color or deviations of minor nature; technically not possible to prevent and in common use acceptable.
8.2 Warrantee claims can only be made within a period of 10 days after a default is discovered, in writing at Arese Trade bv and including a brief description and a copy of the invoice.
8.3 This warrantee means that, when the preconditions as described in 8.2 are complied with, Arese Trade bv the product or goods will repair or replace (choice of Arese Trade bv) without the client paying for the costs. This warrantee does not cover additional costs, like additional facilities required for the repair or replacement and shipment costs.
9. Reliability
9.1 The reliability of Arese Trade bv in relation to the sales and delivery of goods is explicitly limited to the warrantee described in point 8.
9.2 Arese Trade bv is not liable for any provide (technical) advice, print and writing errors of the website, technical data provided by its suppliers and unforeseen and reasonably uncontrollable poor quality of the products.
10 Risk of transportation
10.1 Arese Trade bv bares the risk of damage or loss during transportation. After the client has received the goods, this risk of damage or loss is transferred to the client.
10.2 In case of return shipment, the client bares the risk of transportation. After Arese Trade bv has received the goods, the risk of transportation is transferred to Arese Trade bv.
10.3 In case one or more products, during transportation from Arese Trade bv to the client, are lost, the client is obliged to cooperate with an investigation. When the client does not comply to this obligation, Arese Trade bv has the right to charge the costs of the goods to the client.
11. Disputes
11.1 All agreements between Arese Trade bv and its clients are subject to Dutch law.
11.2 In legal procedures between Arese Trade bv and its clients, a dutch judge has the power of justice and if legal provisions not object, the judge in the area where Arese Trade bv resides, unless Arese Trade bv agrees to the judge in the town of residence of the client.
12. Privacy
12.1 Personal data of the client are filed in the client database to ensure a quick and swift order process. Arese Trade bv maintains the use of personal data within the current legislation. Arese Trade bv maintains the data form its clients for (internal) marketing purposes, for example for send newsletters.
12.2 Arese Trade bv will (without legal reasons, or outside the purpose of her processing) in any case, not provide data of its clients to third parties.
13. Other provisions
13.1 The content of these Terms and Conditions, and also the content of all other expressions (including internet) of Arese Trade bv, are carefully compiled. However Arese Trade bv can not guarantee the nature, correctness or content of this information. Arese Trade bv is not liable for possible errors or inaccuracies or the concequences of the use of this information.
13.2 This document is a courtesy translation. The Dutch called 'Algemene voorwaarden' is the only valid and legal description of the Terms and Conditions for Arese Trade bv.