General Terms & Conditions
Introduction
These are our General Terms and Conditions. These General Terms and Conditions always apply when you use our Website or place an order through our Website, and they contain important information for you as a buyer. Please read them carefully. We also recommend that you save or print these General Terms and Conditions so that you can consult them at a later time.
Article 1. Definitions
1.1. AYLAM B.V: based in Hoofddorp and registered with the Chamber of Commerce under file number 78545722, trading as AYLAM B.V.
1.2. Website: the Website of AYLAM B.V, to be found on www.aylam.eu and all of its subdomains.
1.3. Customer: the natural person or corporation who enters into an agreement with AYLAM B.V and/or is registered on the Website. 1.4. Agreement: any arrangement or agreement between AYLAM B.V and Customer of which the General Terms and Conditions are an integral part. 1.5. General Terms and Conditions: these General Terms and Conditions.
Article 2. Applicability of the General Terms and Conditions
2.1. The General Terms and Conditions apply to all offers, agreements and deliveries of AYLAM B.V, unless explicitly agreed otherwise in writing. In addition, a separate point of sale agreement applies to a purchase > 75% of Prof Saracoglu portfolio in the case of a Customer acting in the course of his profession or business.
2.2. If Customer in his order, confirmation or any other communication alleging acceptance of the General Terms and Provisions includes any provisions that differ from, or are not included in the General Terms and Conditions, such provisions will only be binding upon AYLAM B.V if and in so far as AYLAM B.V has accepted them in writing.
2.3. In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, Customer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.
Article 3. Prices and information
3.1. All prices posted on the Website and in other materials originating fromAYLAM B.V include taxes and other levies imposed by the government, unlessstated otherwise on the website.
3.2. Business Customer will endeavor to maintain and try to comply with thesuggested retail prices of products purchased from AYLAM B.V and makeevery effort.
3.3. If shipping costs are charged, these will be clearly stated in good time beforethe contract/agreement is concluded. These costs will also be displayedseparately in the ordering process.
3.4. The content of the Website is composed with the greatest care. AYLAM B.Vcannot, however, guarantee that all information on the Website is correctand complete at all times. All prices and other information posted on theWebsite and in other materials originating from AYLAM B.V are subject toobvious programming and typing errors.
3.5. AYLAM B.V cannot be held responsible for deviations in colour that resultfrom the quality of the colours displayed on the screen.
Article 4. Conclusion of the Agreement
4.1. The Agreement will be deemed to be concluded at the moment Customeraccepts the offer of AYLAM B.V subject to the conditions laid down by AYLAM B.V.
4.2. If Customer has accepted the offer by electronic means, AYLAM B.V willconfirm receipt of acceptance of the offer by electronic means without delay. Until such receipt of acceptance is confirmed, Customer will have thepossibility to terminate the Agreement.
4.3. If it is found that, in accepting or otherwise entering into the Agreement,Customer has provided incorrect data, AYLAM B.V will have the right topostpone the Agreement until the correct data is received.
4.4. AYLAM B.V can inform itself within legal frameworks whether the Customercan meet its payment obligations, but also of all facts and factors that areimportant for a responsible conclusion of the Agreement. If AYLAM B.V,based on this investigation, has good reasons not to enter into theAgreement, it is entitled to refuse an order or request with reasons, or toattach special conditions to the execution, such as advance payment.
Article 5. Registration
5.1. To make optimal use of the Website, Customer can register using theregistration form/the account sign-in option on the Website.
5.2. During the registration process, Customer will be asked to choose a username and password with which he can log on to the Website. Customer aloneis responsible for choosing a sufficiently reliable password.
5.3. Customer must keep its login credentials, user name and password strictlyconfidential. AYLAM B.V cannot be held liable for any misuse of the logincredentials and is always entitled to assume that Customer who logs on tothe Website is the party that it professes to be. Customer is responsible forand bears the full risk of any and all actions and transactions performed viaCustomer's account.
5.4. If Customer knows or has reason to suspect that its login details have becomeavailable to unauthorised parties, it will be required to change its password assoon as possible and/or to notify AYLAM B.V accordingly so as to allow AYLAM B.V to take appropriate measures.
Article 6. Execution of the Agreement
6.1. As soon as AYLAM B.V has received the order, it will send the products toCustomer without delay and with due regard for the provisions of paragraph3 of this article. The products ordered by the Business Customer will be sendin compliance with Article 8.4.
6.2. AYLAM B.V is authorised to engage third parties in the fulfilment of itsobligations under the Agreement.
6.3. Well ahead of the date on which the Agreement is signed, information will beposted on the Website which clearly describes the manner in which and theterm within which the products will be delivered. If no delivery term has beenagreed or stated, the products will be delivered within 30 days at the latest.
6.4. If AYLAM B.V is unable to deliver the products within the agreed term, it willnotify Customer accordingly. In that case Customer can decide either to agreeto a new delivery date or to terminate the Agreement without incurring anycosts.
6.5. AYLAM B.V advises Customer to inspect the products upon delivery and toreport any defects within an appropriate period (< 2days), in writing or byemail. For further details, see the article about guarantee and conformity.
6.6. The risks associated with the products will transfer to Customer as soon asthe products are delivered at the agreed delivery address. If the Customerdecides to collect the products, the risk is transferred upon transfer of theproducts. If expressly agreed otherwise, the risk will pass to the Customersooner and in case when the Customer is acting in the course of hisprofession or business. Risk is transferred to the Business Customer, wherethese products are concerned, when the products to be delivered have beendelivered to the Business Customer's transport company.
6.7. If the ordered product can no longer be supplied, AYLAM B.V is entitled todeliver a product which is comparable in nature and quality to the orderedproduct. In that case, Customer will have the right to terminate theAgreement without incurring any costs and to return the product free ofcharge.
6.8. Business Customer will observe the brand value of the product, presentbrand names according to the relevant brands, not disgrace and offer theproducts to Customers according to the relevant regulations. Contrary to theabove, a fine will follow. Business Client can only sell Prof Saracoglu brandedProducts to Customer.
6.9. All confidential information in the context of this agreement with BusinessCustomer may not be shared with third parties, otherwise a fine will follow.
Article 7. Right of withdrawal/return
7.1. This article only applies if Customer is a natural person who is not acting in hisor her professional or commercial capacity. Business Customers thereforehave no right of withdrawal.
7.2. Customer will have the right to dissolve the distance Agreement with AYLAM B.V within 14 days after receiving the product, free of charge and withoutstating reasons.
7.3. The term commences on the day after the product was received by theCustomer, or a third party designated by the Customer, who is not thetransporting party, or: if the delivery of a product involves different deliveries or parts: the dayon which Customer, or a third party designated by Customer, receivedthe last delivery or the last part; with contracts for the regular delivery of products during a given period:the day on which Customer, or a third party designated by Customer,received the first product; if Customer has ordered several products: the day on which Customer, ora third party designated by Customer, received the last product.
7.4. Costs incurred for the return shipment are for Customer's account, if thesecosts are higher than the regular postal rate, AYLAM B.V. will provide anestimate of these costs. The shipping costs incurred by the Customer whenpurchasing the product are not included in the return costs and remain at theCustomer's own expense.
7.5. During the withdrawal period referred to in paragraph 1, Customer will treatthe product and its packaging with the utmost care. Customer may not openthe packaging or use the product unless this is necessary in order todetermine the nature of the products, their features and their operation. The basic principle here is that this inspection may not go beyond what theCustomer could do in a physical store.
7.6. Customer is only liable for the product's devaluation that is a consequence ofhis handling the product other than as permitted.
7.7. Customer can terminate the Agreement in accordance with paragraph 1 ofthis article by reporting the withdrawal (digital or in other form) to AYLAM B.V, within the withdrawal period, by means of the model form for right ofwithdrawal or in some other unequivocal way. If AYLAM B.V makes it possiblefor Customer to declare his withdrawal via electronic/digital means, thenafter receiving such a declaration, AYLAM B.V sends immediate confirmationof receipt.
7.8. As quickly as possible, but no later than 14 days after the day of reporting asreferred to in paragraph 1/2, Customer shall return the product, or hand itover to (a representative of) AYLAM B.V.
Products can be returned to the following address:Kromme Spieringweg, 2141 BT, Vijfhuizen, The Netherlands
7.9. Any amounts already paid by Customer (in advance) will be refunded toCustomer as soon as possible, and in any case within 14 days after dissolutionof the Agreement. If Customer chose an expensive method of delivery inpreference to the cheapest standard delivery, AYLAM B.V does not have torefund the additional costs of the more expensive method. Except in cases inwhich AYLAM B.V has offered to retrieve the product himself, he canpostpone refunding until he has received the product or until Customerproves he has returned the product, depending on which occurs earlier.
7.10. Information about the applicability or non-applicability of a right ofwithdrawal and any required procedure will be posted clearly on the Website,well before the Agreement is concluded.
7.11. The right of withdrawal does not apply to: Sealed products that, for reasons relating to the protection of health orhygiene, are unsuited to returning and whose seal was brokensubsequent to delivery;
Article 8. Payment
8.1. The payments referred to in paragraphs 2 and 3 only apply to the Customer,who is a natural person who is not acting in the course of his professional orcommercial capacity
8.2. Customer shall pay the amounts due to AYLAM B.V in accordance with theordering procedure and any payment methods indicated on the Website.
AYLAM B.V is free to offer any payment method of its choice and may changethese methods at any time. In cases of payment after delivery Customer willbe given a term of payment of 14 days entering on the day after delivery.
8.3. If Customer does not complete his payment obligation, he will be indebtedthe legal interest over the belated payment. AYLAM B.V needs to remind Customer of the belated payment and AYLAM B.V has to give Customer aterm of 14 days to complete the payment obligation. After failing this 14 daysterm AYLAM B.V is allowed to recover any extra judicial debt collection costson Customer. These debt collection costs are not higher than: 15% of theopen payment with a maximum of € 2.500,-; 10% of the next € 2.500,- and 5%over the next € 5.000,- with a minimum of € 40,-. AYLAM B.V is allowed todeviate from the named amounts and percentages in the advantages ofCustomer.
8.4. Business Customer shall pay the amounts due to AYLAM B.V. in accordancewith the ordering procedure and any payment methods indicated on theWebsite. AYLAM B.V is free to offer any payment method of its choice andmay change these methods at any time. The Business Customer must makepayment for his order at all times before delivery in order to be able to carryout Article 6.
Article 9. Warranty and conformity
9.1. This article only applies if Customer is a natural person who is not acting in hisor her professional or commercial capacity. If AYLAM B.V gives a separatewarranty on the products then, without prejudice to the aforesaid, thisapplies to all types of Customers.
9.2. AYLAM B.V guarantees that the products are in conformity with theAgreement, the specifications stated in the offer, the reasonablerequirements of reliability and/or usability and with the existing statutoryprovisions and/or government regulations that are in force from the date ofentering into the Agreement. If specifically agreed, AYLAM B.V alsoguarantees that the product is suitable for other than normal use.
9.3. If the delivered product is not in conformity with the Agreement, Customermust inform AYLAM B.V within a reasonable period of time after he hasdiscovered the defect.
9.4. If AYLAM B.V deems the complaint to be correct, the faulty product(s) will berepaired, replaced or refunded in consultation with Customer. The maximumamount of compensation is, having regard to the Article on liability, equal tothe price paid by Customer for the product.
Article 10. Warranty on business purchases
10.1. AYLAM B.V guarantees that the products are in conformity with theAgreement, the specifications stated in the offer, the reasonablerequirements of reliability and/or usability and with the existing statutoryprovisions and/or government regulations that are in force from the date ofentering into the Agreement. If specifically agreed, AYLAM B.V alsoguarantees that the product is suitable for other than normal use. Otherwise,it applies that the product is suitable for normal use.
10.2. If the delivered product is not in conformity with the Agreement upondelivery, Customer must inform AYLAM B.V within 2 days after delivery. If theCustomer does not do this, he can no longer claim repair, replacement e.d, ifthe product was delivered defective.
10.3. If AYLAM B.V deems the complaint to be correct, the faulty product(s) will berepaired, replaced or (partially) refunded in consultation with the Customer.
Article 11. Complaints handling procedure
11.1. If Customer has any grievances in connection with a product (in accordancewith the article on warranties and conformity) and/or about other aspects ofAYLAM B.V's service, it can submit a complaint by telephone, by email or by post. See the contact details at the bottom of the General Terms and Conditions.
11.2. AYLAM B.V will respond to the complaint as soon as possible, and in any casewithin 5 days after having received it. If it is not yet possible for AYLAM B.V toformulate a substantive reaction to the complaint by that time, AYLAM B.Vwill confirm receipt of the complaint within 5 days after having received itand give an indication of the term within which it expects to be able to give asubstantive or definitive reaction to Customer's complaint.
11.3. If Customer is a natural person who is not acting in his or her professional orcommercial capacity, it can file a complaint through the European OnlineDispute Resolution platform, available at: http://ec.europa.eu/odr/.
Article 12. Liability
12.1. This Article only applies if Customer is a natural person or a legal entity who isacting in a professional or commercial capacity.
12.2. The total liability of AYLAM B.V in respect of Customer due to an attributablefailure to perform the Agreement is limited to compensation not exceedingthe price stipulated for that particular Agreement (including VAT).
12.3. The liability of AYLAM B.V in respect of Customer for indirect damage or loss,which in any case includes - but is explicitly not limited to - consequentialdamage, lost profit, lost savings, loss of data and damage due to businessinterruption, is excluded.
12.4. Aside from the cases referred to in the two previous paragraphs of thisArticle, AYLAM B.V is not subject to any liability at all in respect of Customerfor damages, irrespective of the ground on which the action for damages isbased. The restrictions set out in this Article, will, however, cease to apply ifand in so far as the damage or loss is the result of an intentional act or grossnegligence on the part of AYLAM B.V.
12.5. AYLAM B.V will only be liable to Customer on account of an attributablefailure in the performance of an agreement if Customer issues a propernotice of default to AYLAM B.V without delay stipulating a reasonable periodof time in which to remedy the failure, and AYLAM B.V also continues to failto perform its obligations after that period. The notice of default mustcontain a description of the failure in as much detail as possible to enableAYLAM B.V to provide an adequate response.
12.6. Any event giving right to compensation is always subject to the condition thatCustomer reports the damage or loss in writing to AYLAM B.V as soon aspossible, but no later than within 3 days after the damage or loss has arisen.
12.7. In the event of force majeure AYLAM B.V is not liable to pay compensation forany damage or loss Customer has incurred as a result.
Article 13. Retention of title
13.1. As long as Business Customer has not made any full payment on the totalamount agreed, AYLAM B.V will retain ownership of all the goods delivered(including possible debt collection costs and interest).
13.2. Before the transfer of ownership, Business Customer is not authorized to,other than corresponding to his normal company and normal destination ofthe goods, sell, deliver or any other way of misappropriation. Furthermore,Business Customer is not allowed to pawn the goods or to give any rightsregarding the goods to third parties.
13.3. 13.3. Business Customer will observe the brand value of the product, presentbrand names according to the relevant brands, not disgrace and offer theproducts to Customers according to the relevant regulations. Business Clientcan only sell Prof Saracoglu branded Products to Customer.
13.4. Business Customer is obliged to keep any goods that are delivered underreservation of ownership with care and recognizable as property of AYLAMB.V. Business Customer is obliged to conclude agreements with clients (B2C) and is not authorized to act in the name and/or on behalf of AYLAM B.V.
13.5. AYLAM B.V is entitled to withdraw any goods delivered under reservation ofownership and in the possession of Business Customer, if Business Customerhas neglected to pay the invoices or has been confronted with paymentdifficulties.
13.6. Business Customer shall give AYLAM B.V. access to his goods at any time toinspect and/or to exercise the rights of AYLAM B.V.
Article 14. Personal details
14.1. AYLAM B.V will process the Customer's personal details in accordance withthe privacy statement, which can be found at https://profsaracoglu.eu/pages/privacy-policy.
Article 15. Final provisions
15.1. This agreement is governed by the laws of the country of establisment of the webshop (The Netherlands).
15.2. Insofar as not dictated otherwise by mandatory law, any disputes ensuing from the Agreement will be submitted to the competent Dutch court in thedistrict where AYLAM B.V. has its registered office.
15.3. If any provision set out in these General Terms and Conditions should proveto be void, this will not affect the validity of the General Terms andConditions as a whole. In that case, the Parties will lay down one or more newprovisions in replacement which will reflect the original provision as much asis possible under the law.
15.4. The term 'written' in these General Terms and Conditions also refers tocommunication by email and fax, provided that the sender's identity and theintegrity of the email message have been sufficiently established.
Contact detailsShould you have any questions, complaints or comments after reading these General Termsand Conditions, please contact us by email or letter.
AYLAM B.V.
Kromme Spieringweg, 2141 BT Vijfhuizen
Tel.: +31 624528784
Email: info@aylam.eu
Chamber of Commerce: 78545722
VAT: NL861444322B01