TERMS & CONDITIONS

ARLØT: ARLØT established in Arnhem under Chamber of Commerce number 82414769.
Customer: the party with whom ARLØT has entered into an agreement.
Parties: ARLØT and customer collectively.
Consumer: a customer who is also an individual and acts as a private person.

APPLICABILITY OF GENERAL TERMS AND CONDITIONS:

These terms and conditions apply to all quotations, offers, work, orders, agreements, and the delivery of services or products by or on behalf of ARLØT.Parties can only deviate from these conditions if they expressly and in writing agree to do so.Parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or third parties.

PRICES:

All prices ARLØT uses are in euros, inclusive of VAT, and exclusive of any other costs such as administrative fees, levies, and travel, shipping, or transport costs, unless expressly stated otherwise or otherwise agreed upon.

All prices that ARLØT uses for its products or services, on its website, or otherwise communicated, may be changed by ARLØT at any time.

Increases in the cost prices of products or parts thereof that ARLØT could not foresee at the time of making the offer or entering into the agreement may lead to price increases.

The consumer has the right to terminate an agreement due to a price increase as referred to in paragraph 3, unless the increase is the result of a legal regulation.

SAMPLES/MODELS:

If the customer has received a sample or model of a product, the customer cannot derive any rights from it other than that it is an indication of the nature of the product unless the parties have expressly agreed that the delivered products correspond to the sample or model.

CONSEQUENCES OF NON-TIMELY PAYMENT:

If the customer does not pay within the agreed period, ARLØT is entitled to charge interest of 1% per month from the day the customer is in default, with a part of a month being considered a whole month.

When the customer is in default, the customer is also obliged to pay extrajudicial collection costs and any damages to ARLØT.

The collection costs are calculated in accordance with the Decree on compensation for extrajudicial collection costs.

If the customer does not pay on time, ARLØT may suspend its obligations until the customer has fulfilled its payment obligation.

In case of liquidation, bankruptcy, attachment, or suspension of payment on the part of the customer, ARLØT's claims against the customer are immediately due and payable.

If the customer refuses to cooperate in the execution of the agreement by ARLØT, the customer is still obliged to pay the agreed price to ARLØT.

RIGHT OF RECLAMATION:

Once the customer is in default, ARLØT is entitled to invoke the right of reclamation with regard to the unpaid products delivered to the customer.

ARLØT invokes the right of reclamation through a written or electronic notification.

Once the customer has been informed of the invoked right of reclamation, the customer must immediately return the products to ARLØT to which this right relates, unless the parties make other arrangements.

The costs for retrieving or returning the products are borne by the customer.

RIGHT OF WITHDRAWAL:

A consumer can terminate an online purchase during a reflection period of 30 days without giving any reason, provided that:

the product has not been used; it is not a product that is custom-made or adapted specifically for the consumer; it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.); the seal is still intact if it concerns data carriers with digital content (DVDs, CDs, etc.); the product is returned in the original packaging or with the still attached original (price) tags; it does not concern an urgent repair (order); the consumer has not waived his right of withdrawal.

The reflection period of 30 days as mentioned in paragraph 1 commences:

on the day after the consumer has received the last product or part of 1 order; once the consumer has confirmed that he will purchase digital content via the internet.

The consumer can make his use of the right of withdrawal known via contact@arlot.nl, if desired with the help of the withdrawal form that can be downloaded from the website of ARLØT, www.arlot.nl.

The consumer is obliged to return the product to ARLØT within 30 days after making his right of withdrawal known, failing which his right of withdrawal will lapse.

If the purchase costs and any other costs (such as shipping and return costs) qualify for reimbursement according to the law, ARLØT will refund these costs within 7 days after receiving the timely exercise of the right of withdrawal by the consumer, provided that the consumer has returned the product to ARLØT in a timely manner.

RIGHT OF SUSPENSION:

Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.

RETENTION OF TITLE:

ARLØT remains the owner of all delivered products until the customer has fully satisfied all his payment obligations to ARLØT under any agreement concluded with ARLØT, including claims for breach of contract.

Until that time, ARLØT may invoke its retention of title and take back the goods.

Before ownership has passed to the customer, the customer may not pledge, sell, alienate, or otherwise encumber the products.

If ARLØT invokes its retention of title, the agreement is considered dissolved, and ARLØT has the right to claim compensation, lost profits, and interest.

DELIVERY:

Delivery takes place while stocks last.

Delivery takes place at ARLØT, unless otherwise agreed between the parties.

Delivery of products ordered online takes place at the address indicated by the customer.

If the agreed amounts are not paid or not paid on time, ARLØT has the right to suspend its obligations until the agreed part has been paid.

In case of late payment, there is debtor's default, resulting in the customer not being able to object to a delayed delivery by ARLØT.

DELIVERY TIME:

The delivery times specified by ARLØT are indicative and do not entitle the customer to dissolution or compensation in case of exceeding them unless expressly agreed otherwise in writing.

The delivery time starts when the customer has completed the (electronic) ordering process and has received confirmation from ARLØT.

Exceeding the specified delivery time does not entitle the customer to compensation, and neither does it entitle the customer to terminate the agreement unless ARLØT cannot deliver within 14 days after being notified in writing or unless the parties have agreed otherwise.

Actual delivery: The customer must ensure that the actual delivery of the products ordered by him can take place on time.

TRANSPORT COSTS:

Transport costs are at the expense of the customer unless the parties have agreed otherwise.

PACKAGING AND SHIPPING:

If the packaging of a delivered product is opened or damaged, the customer must, before accepting the product, have the carrier or delivery person make a note of this, failing which ARLØT cannot be held liable for any damage.

If the customer arranges transport of a product himself, he must

STORAGE

If the customer takes delivery of ordered products later than the agreed delivery date, the risk of any potential loss in quality is entirely the customer's responsibility.

Any additional costs resulting from early or delayed acceptance of products are entirely borne by the customer.

WARRANTY

The warranty for products applies solely to defects caused by faulty manufacturing, construction, or materials.

The warranty does not cover normal wear and tear or damage resulting from accidents, modifications made to the product, negligence, or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.

The risk of loss, damage, or theft of the products covered by an agreement between the parties transfers to the customer at the moment they are legally and/or factually delivered, or come into the possession of the customer or a third party receiving the product on behalf of the customer.

The warranty is applicable for a period of 2 years from the date of receiving the product.

EXCHANGES

Exchanges are only possible if the following conditions are met:

• Exchange takes place within 30 days of purchase upon presentation of the original invoice.
• The product is returned in the original packaging or with the still attached original (price) tags.
• The product has not been used.
• The product to be exchanged is in stock.

Indemnification: The customer indemnifies ARLØT against all claims from third parties related to the products and/or services provided by ARLØT.

COMPLAINTS

The customer must promptly examine a product or service delivered by ARLØT for any deficiencies.

If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must notify ARLØT as soon as possible, but in any case within 1 month of discovering the deficiencies.

Consumers must notify ARLØT of any deficiencies no later than 1 month after discovery.

The customer provides a detailed description of the deficiencies, enabling ARLØT to respond adequately.

The customer must demonstrate that the complaint relates to an agreement between the parties.

If a complaint concerns ongoing work, it cannot lead to ARLØT being obligated to perform other work than agreed upon.

DEFAULT NOTICE

The customer must communicate default notices in writing to ARLØT.

It is the customer's responsibility to ensure that a default notice actually reaches ARLØT (in a timely manner).

JOINT LIABILITY OF THE CUSTOMER

If ARLØT enters into an agreement with multiple customers, each of them is jointly liable for the total amounts they owe to ARLØT under that agreement.

LIABILITY OF ARLØT

ARLØT is only liable for any damage suffered by the customer if and to the extent that such damage is caused by intent or willful recklessness.

If ARLØT is liable for any damage, it is only liable for direct damage resulting from or related to the execution of an agreement.

ARLØT is never liable for indirect damage, such as consequential damage, loss of profit, missed savings, or damage to third parties.

If ARLØT is liable, this liability is limited to the amount paid out by a (professional) liability insurance policy and, in the absence of full payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates.

All images, photos, colors, drawings, descriptions on the website, or in a catalog are indicative and are only approximate, and cannot be the basis for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

EXPIRY PERIOD

Any right of the customer to compensation from ARLØT expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude what is determined in article 6:89 of the Civil Code.

RIGHT TO DISSOLUTION

The customer has the right to dissolve the agreement when ARLØT culpably fails to fulfill its obligations, unless this shortcoming, given its nature or minor significance, does not justify dissolution.

If the fulfillment of the obligations by ARLØT is not permanently or temporarily impossible, dissolution can only take place after ARLØT is in default.

ARLØT has the right to dissolve the agreement with the customer if the customer does not fully or timely fulfill its obligations under the agreement, or if ARLØT becomes aware of circumstances that give it good reason to fear that the customer will not be able to fulfill its obligations properly.

FORCE MAJEURE

In addition to what is stipulated in Article 6:75 of the Civil Code, a failure by ARLØT to fulfill any obligation towards the customer cannot be attributed to ARLØT in a situation independent of the will of ARLØT, which wholly or partially prevents the fulfillment of its obligations towards the customer or which reasonably cannot be demanded from ARLØT.

The force majeure situation mentioned in paragraph 1 also includes, but is not limited to: a state of emergency (such as civil war, rebellion, riots, natural disasters, etc.); default and force majeure of suppliers, delivery persons, or other third parties; unexpected power, electricity, internet, computer, and telecommunication failures; computer viruses, strikes, government measures, unforeseen transport problems, adverse weather conditions, and work stoppages.

If a force majeure situation arises that prevents ARLØT from fulfilling one or more obligations towards the customer, those obligations will be suspended until ARLØT can fulfill them again.

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.

ARLØT is not obligated to pay any (damage) compensation in a force majeure situation, even if it has derived some benefit from the situation of force majeure.

AMENDMENT OF THE AGREEMENT

If, after the conclusion of the agreement, it appears necessary to amend or supplement its content for its implementation, the parties will adjust the agreement accordingly in a timely and mutual consultation.

AMENDMENT OF GENERAL TERMS AND CONDITIONS

ARLØT is entitled to amend or supplement these general terms and conditions.
Changes of minor importance can be implemented at any time.
Significant substantive changes will be discussed with the customer as much as possible beforehand.

Consumers are entitled to terminate the agreement in the event of a substantial change to the general terms and conditions.

TRANSFER OF RIGHTS

Rights of the customer from an agreement between the parties cannot be transferred to third parties without the prior written consent of ARLØT.
This provision applies as a clause with property law effect as referred to in Article 3:83, second paragraph, Civil Code.

CONSEQUENCES OF INVALIDITY OR ANNULLABILITY

If one or more provisions of these general terms and conditions are declared invalid or annulled, this does not affect the other provisions of these conditions.
A provision that is invalid or annulled will be replaced by a provision that comes as close as possible to what ARLØT had in mind when drafting the conditions on that point.

 

APPLICABLE LAW AND COMPETENT COURT

For any agreement between the parties, only Dutch law is applicable.
The Dutch court in the district where ARLØT is established/practices/holds office has exclusive jurisdiction to adjudicate any disputes between the parties, unless the law dictates otherwise.