General terms and conditions
- AVwheel: MaaiWheel, established in Oirsbeek NL, Chamber of Commerce no. 89789490
- Customer: the person with whom AVwheel has entered into an agreement.
- Parties: AVwheel and customer together.
- Consumer: a customer who is an individual acting for private purposes.
- These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of AVwheel.
- Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
- The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.
- All prices used by AVwheel are in euros, exclude VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
- AVwheel is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
- Increases in the cost prices of products or parts thereof, which AVwheel could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
- The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.
Samples / models
If the customer has received a sample or model of a product, he cannot derive any rights from this other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied conform to the sample or model.
Payments and payment term
- All products require to be paid in full at the time of ordering.
- Orders will be processed at the time the funds are received by AVwheel.
- By accepting the terms and conditions the customer agrees a payment shall not be withdrawn by any means once the order has been shipped. At the time of ordering the customer declares to be fully aware of the purchased product, it's intended use and it's limitations.
- In case of a withdrawn payment AVwheel reserves the right to hold the order until paid, or cancel the order in full without further notification.
- Delivery takes place while stocks last.
- Delivery of products ordered online takes place at the address indicated by the customer.
- If the agreed price is not paid on time, AVwheel has the right to suspend its obligations until the agreed price is fully paid.
- In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by AVwheel
- Any delivery period specified by AVwheel is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
- The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from AVwheel.
- Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless AVwheel cannot deliver within 60 days or if the parties have agreed upon otherwise.
The customer must ensure that the actual delivery of the products ordered by him can take place in time.
Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.
Packaging and shipping
If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which AVwheel may not be held liable for any damage.
- The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
- The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.
- The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.
The customer indemnifies AVwheel against all third-party claims that are related to the products and/or services supplied by AVwheel.
- The customer must examine a product or service provided by AVwheel as soon as possible for possible shortcomings.
- If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform AVwheel of this as soon as possible, but in any case within 1 week after the discovery of the shortcomings.
- The customer gives a detailed description as possible of the shortcomings, so that AVwheel is able to respond adequately.
- The customer must demonstrate that the complaint relates to an agreement between the parties.
Liability of AVwheel
- AVwheel is never liable for direct/indirect damage to end user or third parties.
- AVwheel and customer agree that the products sold by AVwheel are of DIY hobby nature and intended for advanced use. The product received by customer has undergone QC by AVwheel and only deemed suitable for sale when passed.
- AVwheel requires their customers to inspect and determine if product is suitable for their application. If the product is determined to be unsuitable by customer, AVwheel shall be contacted via given channels and agreements shall be made to return the unused/undamaged product.
- All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Every right of the customer to compensation from AVwheel shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.
- The customer has the right to dissolve the agreement if AVwheel imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
- If the fulfillment of the obligations by AVwheel is not permanent or temporarily impossible, dissolution can only take place after AVwheel is in default.
- AVwheel has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give AVwheel good grounds to fear that the customer will not be able to fulfill his obligations properly.
- In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of AVwheel in the fulfillment of any obligation to the customer cannot be attributed to AVwheel in any situation independent of the will of AVwheel, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from AVwheel .
- The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
- If a situation of force majeure arises as a result of which AVwheel cannot fulfill one or more obligations towards the customer, these obligations will be suspended until AVwheel can comply with it.
- From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
- AVwheel does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
Modification of the agreement
If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.
Changes in the general terms and conditions
- AVwheel is entitled to amend or supplement these general terms and conditions.
- Changes of minor importance can be made at any time.
- Major changes in content will be discussed by AVwheel with the customer in advance as much as possible.
- Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
- The customer cannot transfer its rights deferring from an agreement with AVwheel to third parties without the prior written consent of AVwheel .
- This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.
Consequences of nullity or annullability
- If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
- A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what AVwheel had in mind when drafting the conditions on that issue.
Applicable law and competent court
- Dutch law is exclusively applicable to all agreements between the parties.
- The Dutch court in the district where AVwheel is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.
Drawn up on 3 june 2023.