GENERAL TERMS AND CONDITIONS
Terms of Delivery
Table of contents
Terms and Conditions of Delivery Ai WAKA
- Applicability
1.1 These General Terms and Conditions apply to all offers from Ai WAKA and to all agreements entered into with Ai WAKA.
1.2 In addition to these General Terms and Conditions, Additional Terms and Conditions may apply to certain services and/or products, if expressly indicated.
1.3 Deviations from the provisions of these General Terms and Conditions are only permitted if expressly agreed in writing, in which case the remaining provisions of these terms and conditions will remain in full force.
1.4 If the Buyer also refers to its general terms and conditions, those terms and conditions will not apply unless Ai WAKA has expressly agreed to them in writing.
1.5 The Ai WAKA website is aimed exclusively at the Dutch-speaking market.
1.6 Buyer means any visitor to the website or any natural person or legal entity that has or will have a contractual relationship of any kind with Ai WAKA.
1.7 Ai WAKA reserves the right to change or supplement these terms and conditions from time to time.
1.8 By using the Ai WAKA website and/or placing an order, the Buyer accepts these General Terms and Conditions as well as all other rights and obligations as stated on the website.
1.9 Ai WAKA is authorized to use third parties in the performance of an agreement with the Buyer.
- Offers and conclusion of agreements
2.1 Offers or price quotes should be considered an invitation to potential Buyers to make an offer. Ai WAKA is in no way bound by them, unless this is clearly and unambiguously agreed in writing. Acceptance of the invitation to make an offer by the potential Buyer constitutes an offer and only leads to the conclusion of an agreement if the other provisions of this article are met.
2.2 Offers are valid while supplies last. For offers made available through the website, this will be communicated by phone, fax, email, or official Ai WAKA social media channels.
2.3 A personalized quotation is valid for 14 working days, unless a different term is stated in the quotation.
2.4 An offer from the potential Buyer as referred to in Article 2.1 is deemed to have been made in one of the following circumstances: – the potential Buyer has indicated exactly which product and/or service he or she wishes to receive; – a quotation has been signed by the Buyer and received by Ai WAKA in the event that Ai WAKA has issued a personalized quotation; – the potential Buyer has entered the data on the appropriate input screen of the website and the relevant data has been sent electronically to Ai WAKA and has been received by Ai WAKA.
2.5 An agreement is concluded at the moment that an order confirmation is handed over to the Buyer or, in the event the offer was made via the website, is sent by e-mail to the e-mail address provided by the Buyer.
2.6 The Buyer and Ai WAKA expressly agree that a valid agreement is concluded by using electronic means of communication once the conditions in Articles 2.4 and 2.5 have been met. In particular, the absence of a signature does not affect the binding force of the offer and its acceptance. Ai WAKA's electronic files will, to the extent permitted by law, be considered a presumption of evidence.
2.7 Information, images, communications provided orally, by telephone, or by email, and specifications of applicability regarding all offers and the main characteristics of the products are presented or provided as accurately as possible. However, Ai WAKA does not guarantee that all offers and products fully comply with the information or applicability provided. Deviations cannot, in principle, give rise to compensation and/or termination.
- Prices
3.1 All prices are expressed in Euros (€), in accordance with legal regulations, and include 21% VAT.
3.2 Special offers are only valid for the period stated in the offer. This information is printed or posted on the website for the special offer. These periods always correspond.
3.3 The Buyer owes the price that Ai WAKA communicated to them in their confirmation in accordance with Article 1 of these terms and conditions. Obvious (manipulation) errors in the price quote, such as obvious inaccuracies, can be corrected by Ai WAKA even after the agreement has been concluded.
3.4 Delivery costs within the Netherlands are €6.95. Free delivery within the Netherlands for orders over €50. For Belgium and Germany, the rate is €9.99 or more.
3.5 Ai WAKA may be required to collect certain statutory fees on some of its products. Such fees are not included in the price and will be explicitly stated on the website.
- Payment
4.1 Orders placed via the website can be paid in the following ways: – I-Deal – PayPal – Advance transfer – Visa – Mastercard – Giropay – Maestro – Mister Cash – Klarna
4.2 If Ai WAKA has agreed on a payment term, the Buyer will be in default by the mere expiry of this term. Payment terms can only be agreed upon in writing, subject to terms and conditions to be established and agreed upon at that time.
4.3 In the event of non-payment or late payment by the Buyer, interest of 1.5% per month will be due on the outstanding amount from the date on which payment should have been made until the date of full payment, with an commenced month being counted as a full month.
4.4 The Buyer shall also be liable for all judicial and extrajudicial costs of any nature whatsoever that Ai WAKA has incurred as a result of the Buyer's failure to meet its (payment) obligations.
4.5 In the event of late payment, Ai WAKA is entitled to terminate the agreement with immediate effect or to suspend (further) delivery until the Buyer has fully complied with the payment obligations, including the payment of interest and costs due.
- Delivery and delivery time
5.1 Orders will be delivered as quickly as possible. Ai WAKA strives to ship orders within 1 to 5 business days. The stated delivery time is only an estimate and is never a deadline.
5.2 If the Buyer orders a product that is temporarily out of stock, the Buyer will be notified when it will be available again. Delays will be notified to the Buyer by email, telephone, or fax. The Buyer has the right to cancel the order within 48 hours of notification of the delay. If this is done outside of 48 hours, or if the order is already being processed, the Buyer may cancel and return the order at their own expense within 14 business days after receipt.
- Exchange and withdrawal right
6.1. The Buyer is obligated to thoroughly inspect the products immediately upon receipt. Agreements with consumer buyers, concluded through the website or in any other manner involving the exclusive use of electronic communication, stipulate that the consumer buyer has the right to exercise a right of withdrawal without penalty and without giving reasons.
6.2. If the consumer buyer has exercised the right of withdrawal as stated in the previous paragraph, Ai WAKA will ensure reimbursement within 14 days of the purchase price paid by the consumer buyer, minus the contribution to the shipping costs and any banking costs incurred.
- Retention of title
7.1 Notwithstanding actual delivery, ownership of products shall only pass to the Buyer after the Buyer has paid in full all amounts owed by the Buyer in connection with any agreement with Ai WAKA, including payment of interest and costs, including those for previous or subsequent deliveries and any work performed or to be performed in connection with the products.
8. Warranty and liability
8.1 aiwaka.nl guarantees that the items to be delivered meet the usual requirements and standards that can be set for them and are free from any defects.
8.2 The warranty mentioned under point 1 applies to original articles for a period of 4 weeks after delivery.
8.3 The proof of purchase serves as proof with regard to the warranty.
8.4 aiwaka.nl is never obliged to pay any compensation to the Buyer or others, unless there is intent or gross negligence on the part of aiwaka.nl.
8.5 aiwaka.nl is never liable for consequential or business damage, indirect damage, or loss of profit or turnover.
8.6 If aiwaka.nl, for whatever reason, is required to compensate for any damage, the compensation will never exceed an amount equal to the invoice value of the product or service that caused the damage.
8.7 If the Buyer has entered into an agreement via aiwaka.nl for an (extended) warranty period, then only the conditions that have been declared applicable to that agreement apply to this warranty.
8.8 Notwithstanding the provisions of this article, no warranty shall apply if wear and tear can be considered normal and further in the following cases:
– if changes have been made to or in the product, including repairs that have not been carried out with the permission of aiwaka.nl or the manufacturer;
– if the original invoice cannot be provided, has been altered or has been made illegible;
– if defects are the result of use that does not correspond to the intended use or improper use;
– if damage was caused by intent, gross negligence or carelessness.
8.9 The Buyer is obliged to indemnify aiwaka.nl against any claim that third parties may assert against aiwaka.nl in connection with the agreement, insofar as the law does not prevent the relevant damage and costs from being borne by the Buyer.
The Buyer is obligated to return the product to aiwaka.nl with sufficient postage to ensure proper assessment and handling of the warranty claim. If a complaint is found to be justified, aiwaka.nl is obligated to supply an equivalent product unless otherwise agreed.
9. Force Majeure
9.1 In the event of force majeure, aiwaka.nl is not obliged to fulfil its obligations towards the Buyer, or the obligation is suspended for the duration of the force majeure.
9.2 Force majeure means any circumstance beyond its control that prevents it from fulfilling its obligations to the Buyer, in whole or in part. These circumstances include strikes, fire, business disruptions, crises (epidemic/pandemic), power outages, non-delivery or late delivery by suppliers or other third parties, and the absence of any government-issued permit. Force majeure also includes disruptions to a (telecommunications) network or connection or communication systems used, and/or the unavailability of the website at any time.
10. Intellectual property
10.1 The Buyer expressly acknowledges that all intellectual property rights to displayed information, communications, or other expressions relating to the products and/or relating to the website belong to aiwaka.nl, its suppliers, or other rights holders.
10.2 Intellectual property rights are understood to mean patent, copyright, trademark, design and model rights and/or other (intellectual property) rights, including rights to databases or other products, as well as patentable technical and/or commercial know-how, methods and concepts.
10.3 The Buyer is prohibited from using, including making modifications to, the intellectual property rights as described in this article, such as imitating articles, without the express prior written permission of aiwaka.nl, its suppliers, or other rights holders, unless it concerns purely private use in relation to the product itself.
11. Personal data
aiwaka (aiwaka.nl), located at Kinkerstraat 172 A, 1053EJ Amsterdam (return address only! Not a visiting address), is responsible for the processing of personal data as shown in this privacy statement.
Contact details:
aiwaka.nl
Erich Salomonstraat 534
1087 JA Amsterdam
(+31) 0628339249
CRG Eind is the legal representative of Ai WAKA and can be reached via shop@aiwaka.nl
Personal data that we process
Ai WAKA processes your personal data because you use our services and/or because you provide them to us yourself.
Below you will find an overview of the personal data we process:
– First and last name
– Gender
– Address details
– Phone number
– Email address
– Internet browser and device type
– Bank account number
Special and/or sensitive personal data that we process
Our website and/or service does not intend to collect data about website visitors under the age of 16 unless they have permission from a parent or guardian. However, we cannot verify whether a visitor is older than 16. We encourage parents to be involved in their children's online activities to prevent data about children from being collected without parental consent. If you believe we have collected personal data about a minor without this consent, please contact us at shop@aiwaka.nl , and we will delete this information.
12. PICKUP & DELIVERY
12.1 If the situation permits, you can also choose to have your order picked up at your location. If you choose to pick it up, we will schedule a date together by email, and the rest of the appointment will be arranged via our WhatsApp service. Your order will then undergo the same processing (unless otherwise agreed).
If you have an appointment with us, you can pick up your package at the following address: Hannie Dankbaar Passage (De Hallen), Amsterdam. We are still an online shop and therefore do not have our own physical space in the halls. This is an additional service and option we offer you. If you prefer, you can also choose to return your package to our location, which will save you money on return costs! When returning your package to our location, please remember to have your invoice and/or order number and proof of identity ready. Our standard return policy also applies to returns to our location.
12.2 aiwaka.nl reserves the right to cancel your pickup/return appointment without giving reasons, to change or reschedule the appointment, or to offer your order via POSTNL. Appointments for pickup or returns will be confirmed exclusively by email. The remainder of the appointment will be handled via our WhatsApp service. If you wish to cancel an appointment, you must do so at least 24 hours in advance, exclusively by email. If the cancellation is made within these 24 hours, the order will be shipped automatically. Canceling the order is not possible. Once we have delivered your order to you in good order, you, as a consumer, may exercise your statutory right of withdrawal.
For questions, returns, making or changing a (collection) appointment, please send an email to: shop@aiwaka.nl
Using our What 's app service can be
Monday to Friday from 09:00 to 19:00 +31 06 28 33 92 49.
13. Applicable law and competent court
13.1 All offers and agreements are exclusively governed by Dutch law.
13.2 The applicability of the Vienna Sales Convention is expressly excluded.