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⭐ Bezorging door heel Nederland en België ⭐ Betaal in 3 Termijnen, 0% Rente ⭐ Snelle levering ⭐ Gratis Bezorging ⭐ Showroom in Tiel
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Terms and Conditions

Terms and Conditions

Terms and Conditions

General terms and conditions AquaFlame Luxury VOF

Email: info@aquaflameluxury.com
Website: www.aquaflameluxury.com


Article 1 - Definitions

  1. AquaFlame Luxury VOF: AquaFlame Luxury VOF, established in Tiel, Chamber of Commerce number 88935639.
  2. Customer: the person with whom AquaFlame Luxury VOF has entered into an agreement.
  3. Parties: AquaFlame Luxury VOF and Customer together.
  4. Consumer: a Customer who is also an individual and who acts as a private person.

Article 2 - Applicability

  1. These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of AquaFlame Luxury VOF.
  2. AquaFlame Luxury VOF and the Customer can only deviate from these conditions if this has been agreed in writing.
  3. AquaFlame Luxury VOF and the Customer expressly exclude the applicability of the general terms and conditions of the Customer or of others.

Article 3 - Offers and quotations

  1. Offers and quotations from AquaFlame Luxury VOF are without obligation, unless expressly stated otherwise.
  2. An offer or quotation is valid for a maximum of 1 month, unless a different term is stated in the offer or quotation.
  3. If the Customer does not accept an offer or quotation within the applicable period, the offer or quotation will lapse.
  4. Offers and quotations do not apply to repeat orders, unless AquaFlame Luxury VOF and the Customer agree in writing.

Article 4 - Acceptance

  1. Upon acceptance of a non-binding quotation or offer, AquaFlame Luxury VOF may still withdraw the quotation or offer within 3 days after receipt of the acceptance, without the Customer being able to derive any rights from this.
  2. Verbal acceptance by the Customer only binds AquaFlame Luxury VOF after the Customer has confirmed this in writing or electronically.

Article 5 - Prices

  1. AquaFlame Luxury VOF uses prices in euros, including VAT and excluding any other costs such as administration or shipping costs, unless otherwise agreed in writing.
  2. AquaFlame Luxury VOF may always change the prices of its services and products on its website and in other communications.
  3. AquaFlame Luxury VOF and the Customer agree on a total amount as a target price for services provided by AquaFlame Luxury VOF, unless otherwise agreed in writing.
  4. AquaFlame Luxury VOF may deviate up to 10% from the target price.
  5. AquaFlame Luxury VOF must inform the Customer in time why a higher price is justified if the target price is more than 10% higher.
  6. The Customer may cancel the part of the order that exceeds the target price (plus 10%) if the target price is more than 10% higher.
  7. AquaFlame Luxury VOF may adjust the prices annually.
  8. AquaFlame Luxury VOF will communicate price adjustments to the Customer prior to their taking effect.
  9. A consumer may cancel the agreement with AquaFlame Luxury VOF if he does not agree with the price increase.

Article 6 - Payments and payment term

  1. AquaFlame Luxury VOF may require a down payment of up to 50% of the agreed amount when entering into the agreement.
  2. The Customer must make a subsequent payment after delivery.
  3. The payment terms used by AquaFlame Luxury VOF are strict payment terms. This means that if the Customer has not paid the agreed amount no later than the last day of the payment term, he is automatically in default and in default, without AquaFlame Luxury VOF having to send the Customer a reminder or give notice of default.
  4. AquaFlame Luxury VOF may make delivery dependent on immediate payment or require security for the total amount of the services or products.
  5. The Customer pays for products directly in the store.
  6. The Customer pays for products immediately.
  7. AquaFlame Luxury VOF may require a down payment of up to 50% of the agreed amount when entering into the agreement for a service.
  8. The Customer must pay invoices to AquaFlame Luxury VOF within the invoice date, unless otherwise agreed or a different payment term is stated on the invoice.
  9. The payment terms mentioned are strict payment terms. If the Customer has not paid the amount no later than the last day of the payment term, he is automatically in default and in default, without AquaFlame Luxury VOF having to send the Customer a reminder or notice of default.
  10. AquaFlame Luxury VOF may make delivery subject to immediate payment or require security for the total amount of the service.

Article 7 - Right of complaint

  1. If the Customer is in default, AquaFlame Luxury VOF may invoke the right of recovery with regard to the unpaid products delivered to the Customer.
  2. AquaFlame Luxury VOF exercises its right of recovery by sending a written or electronic message to the Customer.
  3. As soon as the Customer has been informed of the invoked right of recovery, the Customer must immediately return the products in question to AquaFlame Luxury VOF, unless otherwise agreed in writing.
  4. The Customer pays the costs for retrieving or returning the products in paragraph 3.

Article 9 - Right of withdrawal

  1. A consumer may cancel an online purchase within 14 days of purchase without giving any reason. This right of withdrawal does not apply when:
  • the product has been used
  • it is a product that can spoil quickly, such as food or flowers
  • it is a product that has been tailor-made or adapted especially for the consumer
  • it is a product that cannot be returned for hygienic reasons, such as underwear and swimwear
  • the seal is not intact when it concerns data carriers with digital content such as DVDs or CDs
  • the product or service concerns accommodation, a trip, a restaurant business, transport, a catering assignment or a form of leisure activity
  • the product is a separate magazine or newspaper
  • it concerns an emergency repair
  • it concerns bets and/or lotteries
  • the consumer has waived his right of withdrawal
  • it concerns a service that, with the consent of the Customer, is fully performed within the cooling-off period and where the Customer has expressly stated that he waives the right of withdrawal
  1. The reflection period of 14 days in paragraph 1 starts:
    • on the day after the consumer has received the last product or part of 1 order
    • as soon as the consumer has concluded an agreement for the delivery of a service
    • as soon as the consumer has confirmed that he will purchase digital content via the internet
  1. The consumer can make use of his reflection period by sending an email with that subject to info@aquaflameluxury.com, possibly using the withdrawal form available on the AquaFlame Luxury VOF website, www.aquaflameluxury.com.
  2. The consumer is obliged to return the product to AquaFlame Luxury VOF within 14 days after communicating his right of withdrawal, failing which his right of withdrawal will lapse.

Article 10 - Reimbursement of delivery costs

  1. If the consumer has revoked his purchase on time and has returned the complete order to AquaFlame Luxury VOF on time, AquaFlame Luxury VOF will refund any shipping costs paid by the consumer to the consumer within 14 days of receipt of the fully returned order on time.
  2. The costs for delivery will only be borne by AquaFlame Luxury VOF if the entire order is returned.

Article 11 - Reimbursement of return costs

  1. If the consumer invokes his right of withdrawal and returns the entire order on time, the Customer will pay the costs.

Article 12 - Right of suspension

  1. Unless the Customer is a consumer, he hereby waives the right to suspend the performance of any obligation arising from this agreement.

Article 13 - Right of retention

  1. AquaFlame Luxury VOF may exercise its right of retention and in that case retain the Customer's products until the Customer has paid all outstanding invoices of AquaFlame Luxury VOF, unless the Customer has provided sufficient security for those costs.
  2. The right of retention also applies on the basis of previous agreements as a result of which the Customer still has to pay money to AquaFlame Luxury VOF.
  3. AquaFlame Luxury VOF is not liable for any damage the Customer suffers due to the use of his right of retention.

Article 14 - Settlement

  1. Unless the Customer is a consumer, he waives his right to offset a debt to AquaFlame Luxury VOF against a claim against AquaFlame Luxury VOF.

Article 15 - Retention of title

  1. AquaFlame Luxury VOF remains the owner of all delivered products until the Customer has paid all outstanding invoices from AquaFlame Luxury VOF relating to an underlying agreement, including claims due to failure to comply.
  2. Until that time in paragraph 1, AquaFlame Luxury VOF can exercise its retention of title and take back the goods.
  3. Before ownership has been transferred to the Customer, the Customer may not pledge, sell, dispose of or otherwise encumber the products.
  4. If AquaFlame Luxury VOF makes use of its retention of title, the agreement will be canceled and AquaFlame Luxury VOF may demand compensation, lost profit and interest from the Customer.

Article 16 - Delivery

  1. Delivery takes place while supplies last.
  2. Delivery takes place at AquaFlame Luxury VOF, unless otherwise agreed.
  3. Delivery of products ordered online takes place at the address specified by the Customer.
  4. If the Customer does not pay the agreed amounts or does not pay on time, AquaFlame Luxury VOF may suspend its obligations until the Customer pays.
  5. In the event of late payment, there is a creditor's default, as a result of which the Customer cannot object to AquaFlame Luxury VOF for late delivery.

Article 17 - Delivery time

  1. The delivery times of AquaFlame Luxury VOF are indicative. If delivery is made later, the Customer cannot derive any rights from this, unless otherwise agreed in writing.
  2. The delivery time starts when the quotation signed for approval by the Customer to AquaFlame Luxury VOF has been confirmed in writing or electronically by AquaFlame Luxury VOF to the Customer.
  3. The Customer will not receive any compensation and may not cancel the agreement if AquaFlame Luxury VOF delivers later than agreed. The Customer may cancel the agreement if this has been agreed in writing or if AquaFlame Luxury VOF cannot deliver within 14 days, after having been notified in writing or if the Customer and AquaFlame Luxury VOF have agreed otherwise.

Article 18 - Actual delivery

  1. The Customer must ensure that the actual delivery of his ordered products can take place on time.

Article 19 - Transport costs

  1. The Customer pays the costs for transport, unless the Customer and AquaFlame Luxury VOF have agreed otherwise in writing.

Article 20 - Packaging and shipping

  1. If the packaging of a delivered product is opened or damaged, the Customer must have the carrier make a note of this before receiving the product. If the Customer does not do this, he cannot hold AquaFlame Luxury VOF liable for any damage.
  2. If the Customer arranges the transport of a product himself, he must report any visible damage to products or packaging to AquaFlame Luxury VOF prior to transport. If the Customer does not do this, he cannot hold AquaFlame Luxury VOF liable for any damage.

Article 21 - Insurance

  1. The Customer must adequately insure the following items and keep them insured against, among other things, fire, explosion and water damage, and theft:
    • delivered goods that are necessary for the execution of the underlying agreement
    • items of AquaFlame Luxury VOF that are present at the Customer
    • goods that have been delivered under retention of title
  1. At the first request of AquaFlame Luxury VOF, the Customer will provide the policy for these insurances for inspection.
  2. The Customer must take out CAR insurance at his own expense, unless otherwise agreed.
  3. The Customer cannot claim compensation for damage that would otherwise be covered by this insurance, unless otherwise agreed.

Article 22 - Custody

  1. If the Customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the Customer.
  2. Any additional costs resulting from premature or late purchase of products will be entirely borne by the Customer.

Article 23 - Assembly and/or installation

  1. Although AquaFlame Luxury VOF makes every effort to carry out all assembly and/or installation work as best as possible, it bears no responsibility for this except in the case of intent or gross negligence.

Article 24 - Warranty

  1. If the Customer and AquaFlame Luxury VOF have entered into an agreement of a service nature, this only contains an obligation of best efforts for AquaFlame Luxury VOF and therefore no obligation of result.
  2. The warranty on products only applies to defects caused by defective manufacturing or construction or defective materials.
  3. The warranty does not apply:
    - in case of normal wear and tear
    - for damage caused by accidents
    - for damage caused by changes made to the product
    - for damage due to negligence or improper use by the Customer
    - when the cause of the defect cannot be clearly determined
  4. The risk of loss, damage or theft of the products supplied by AquaFlame Luxury VOF is transferred to the Customer as soon as they are legally or actually delivered, or at least come under the control of the Customer or of a third party who receives the product for the Customer. takes.

Article 25 - Exchange

  1. The Customer may exchange a purchased item. The following conditions apply:
  • exchange takes place within 14 days after purchase, whereby the Customer can show the original invoice
  • the product is returned in the original packaging and with the original price tag attached
  • the product has not yet been used
  1. Discounted items, perishable products, custom-made items or items specially adapted for the Customer and Cinewalls and Lumistones cannot be exchanged.

Article 26 - Execution of the agreement

  1. AquaFlame Luxury VOF executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
  2. AquaFlame Luxury VOF may have the agreed services carried out in whole or in part by others.
  3. The execution of the agreement takes place in consultation and after written agreement and payment of any advance payment by the Customer.
  4. The Customer must ensure that AquaFlame Luxury VOF can start the execution of the agreement on time.
  5. If the Customer does not ensure that AquaFlame Luxury VOF can start on time, the resulting additional costs will be borne by the Customer.

Article 27 - Provision of information by the Customer

  1. The Customer makes all information, data and documents relevant to the correct execution of the agreement available to AquaFlame Luxury VOF in a timely manner and in the desired form and manner.
  2. The Customer guarantees the accuracy and completeness of the information, data and documents made available, even if they originate from third parties, unless otherwise dictated by the nature of the agreement.
  3. When and insofar as the Customer requests this, AquaFlame Luxury VOF will return the relevant documents.
  4. If the Customer does not provide the information, data or documents reasonably required by AquaFlame Luxury VOF, or does not do so on time or properly, and the execution of the agreement is delayed as a result, the resulting additional costs and extra hours will be borne by the Customer.

Article 28 - Indemnity

  1. The Customer indemnifies AquaFlame Luxury VOF against all claims from others related to the products and/or services supplied by AquaFlame Luxury VOF.

Article 29 - Complaints

  1. The Customer must examine a product or service provided by AquaFlame Luxury VOF as quickly as possible for any shortcomings.
  2. If a delivered product or service does not meet what the Customer could reasonably expect, the Customer must inform AquaFlame Luxury VOF within 1 month after discovering the shortcoming.
  3. A consumer must inform AquaFlame Luxury VOF within 2 months of discovering the shortcoming.
  4. The Customer provides as detailed a description as possible of the shortcoming, so that AquaFlame Luxury VOF can respond appropriately.
  5. The Customer must demonstrate that the complaint relates to an agreement between the Customer and AquaFlame Luxury VOF.
  6. If a complaint concerns ongoing work, the Customer cannot demand that AquaFlame Luxury VOF perform other work than agreed.

Article 30 - Notice of default

  1. The Customer must notify AquaFlame Luxury VOF of any notice of default in writing.
  2. The Customer is responsible for ensuring that his notice of default actually reaches AquaFlame Luxury VOF on time.

Article 31 - Customer Liability

  1. When AquaFlame Luxury VOF enters into an agreement with multiple Customers, each of them is jointly and severally liable for complying with the agreements in that agreement.

Article 32 - Liability of AquaFlame Luxury VOF

  1. AquaFlame Luxury VOF is only liable for damage suffered by the Customer when that damage is caused by intent or deliberate recklessness.
  2. If AquaFlame Luxury VOF is liable for damage, this only applies to direct damage related to the execution of an underlying agreement.
  3. AquaFlame Luxury VOF is not liable for indirect damage, such as consequential damage, lost profits or damage to third parties.
  4. If AquaFlame Luxury VOF is liable, this liability is limited to the amount paid out by a closed (professional) liability insurance policy. If no insurance has been taken out or no damage amount is paid out, liability is limited to (part of the) invoice amount to which the liability relates.
  5. All images, photos, colors, drawings, descriptions on the website or in a catalog are indicative only and cannot lead to any compensation, dissolution or suspension.

Article 33 - Expiry period

  1. Any right of the Customer to compensation from AquaFlame Luxury VOF expires 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Article 34 - Dissolution

  1. The Customer may cancel the agreement if AquaFlame Luxury VOF attributably fails to fulfill its obligations, unless this failure does not justify termination due to its special nature or minor significance.
  2. If the fulfillment of the obligations by AquaFlame Luxury VOF is still possible, dissolution can only take place after AquaFlame Luxury VOF is in default.
  3. AquaFlame Luxury VOF may cancel the agreement with the Customer if the Customer does not fully or timely fulfill its obligations under the agreement, or when AquaFlame Luxury VOF has become aware of circumstances that give it good grounds to assume that the Customer will not fulfill its obligations.

Article 35 - Force majeure

  1. In addition to Article 6:75 of the Dutch Civil Code, a shortcoming of AquaFlame Luxury VOF by the Customer cannot be attributed to AquaFlame Luxury VOF in the event of force majeure.
  2. The force majeure situation in paragraph 1 also includes:
    - a state of emergency such as a civil war or natural disaster
    - breach of contract or force majeure of suppliers, deliverers or others
    - power, electricity, internet, computer or telecom disruptions
    - computer viruses
    - strikes
    - government measures
    - transport problems
    - bad weather conditions
    - work stoppages
  3. If a force majeure situation occurs as a result of which AquaFlame Luxury VOF cannot fulfill 1 or more obligations to the Customer, those obligations will be suspended until AquaFlame Luxury VOF can fulfill them.
  4. From the moment that a force majeure situation has lasted at least 30 calendar days, both the Customer and AquaFlame Luxury VOF may cancel the agreement in whole or in part in writing.
  5. AquaFlame Luxury VOF does not have to pay compensation to the Customer in a force majeure situation, even if AquaFlame Luxury VOF benefits from this.

Article 36 - Changes to agreement

  1. If it is necessary to change a concluded agreement for its implementation, the Customer and AquaFlame Luxury VOF can adjust the agreement. This does not apply to products that the Customer has purchased in a physical store.

Article 37 - Changes to general terms and conditions

  1. AquaFlame Luxury VOF may change these general terms and conditions.
  2. AquaFlame Luxury VOF may always make changes of minor importance.
  3. AquaFlame Luxury VOF will discuss major changes with the Customer in advance as much as possible.
  4. A consumer may terminate the underlying agreement in the event of a major change to the general terms and conditions.

Article 38 - Transfer of rights

  1. The Customer cannot transfer any rights under an agreement with AquaFlame Luxury VOF to others without written permission from AquaFlame Luxury VOF.
  2. This provision applies as a clause with property law effect as in Article 3:83 paragraph 2 of the Dutch Civil Code.

Article 39 - Consequences of nullity or voidability

  1. If 1 or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.
  2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what AquaFlame Luxury VOF had in mind when drawing up the conditions on that point.

Article 40 - Applicable law and competent court

  1. Dutch law applies to these general terms and conditions and any underlying agreement between the Customer and AquaFlame Luxury VOF.
  2. The judge in the district where AquaFlame Luxury VOF has its registered office has exclusive jurisdiction to hear any disputes between the Customer and AquaFlame Luxury VOF, unless the law provides otherwise.


Prepared on September 5, 2023.

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