General Terms and Conditions

General Terms and Conditions of AIR-RANGE.EU B.V.

These General Terms and Conditions apply to all offers and agreements of AIR-RANGE.eu.

  1. Definitions
    1. Unless expressly indicated otherwise, the following terms are used with the stated meaning in these General Terms and Conditions:
  • article: an item that is sold and/or delivered by AIR-RANGE.eu;
  • customer: the natural person or legal person, as well as the legal successors of such a person, that enters into an agreement with AIR-RANGE.eu or receives an offer for that purpose;
  • agreement: a purchase agreement and/or an agreement for services, such as the performance of repairs.

 

  1. General
    1. These General Terms and Conditions apply to all offers made by AIR-RANGE.eu to the customer and to all agreements between AIR-RANGE.eu and the customer.
    2. These General Terms and Conditions may only be deviated from if this is expressly agreed in writing with AIR-RANGE.eu. Agreed deviations do not affect the application of the other General Terms and Conditions and only apply to one agreement.
    3. By accepting these General Terms and Conditions, the customer irrevocably waives the application of any other general terms and conditions, which waiver is accepted by AIR-RANGE.eu in advance.
    4. AIR-RANGE.eu is entitled to amend and/or to supplement these General Terms and Conditions at any time.

 

  1. Conclusion of agreements
    1. An agreement is only concluded once AIR-RANGE.eu has received an order confirmation signed by the customer and AIR-RANGE.eu, unless expressly agreed otherwise, has received payment in full. This will be followed by confirmation of payment from AIR-RANGE.eu, stating the date of dispatch of the ordered article, and the order will be executed.
    2. Verbal promises or arrangements made by or on behalf of AIR-RANGE.eu are only binding if and insofar as they are confirmed in writing.

 

  1. Prices
    1. AIR-RANGE.eu takes care in providing all listed prices, specifications and/or other details of articles. However, AIR-RANGE.eu is not bound by orders that are placed on the basis of any inaccuracies, insofar as the customer should reasonably have understood that this was a mistake or clerical error.
    2. The prices are the current prices expressed in euros. AIR-RANGE.eu is entitled to alter prices as long as the agreement has not been concluded.
    3. The prices exclude VAT, include packaging, exclude insurance and exclude dispatch costs.
    4. Promotional prices are only valid for a specific period, for as long as stocks last. No claim can be made to these prices before or after the specific period.

 

  1. Dispatch and administrative costs
    1. The dispatch costs apply to orders of less than EUR 250.00 net.
    2. The other dispatch costs are at a standard rate of EUR 7.50 for deliveries within the Netherlands and EUR 15.00 within Europe and include packaging. The dispatch costs are also stated in the confirmation e-mail that the customer receives after placing an order.
    3. Administration costs of EUR 10.00 apply to orders of less than EUR 25.00.

 

  1. Delivery
    1. AIR-RANGE.eu does its utmost to deliver all orders as soon as possible. AIR-RANGE.eu aims to send all ordered articles that are in stock according to the order confirmation within three business days of receipt of payment, subject to any unforeseen circumstances.
    2. Any delay in the delivery of an article that is not in stock will be communicated to the customer by e-mail. Delivery periods are only approximate and can never serve as a strict deadline, unless expressly agreed in writing between the customer and AIR-RANGE.eu. AIR-RANGE.eu must always be given a written notice of default, in which it is given at least one month to comply.
    3. AIR-RANGE.eu determines the means of transport and the carrier. All deliveries are made to the customer's stated address.
    4. Partial deliveries may be made. Partial deliveries and subsequent deliveries are sent carriage paid.

 

  1. Payment
    1. Unless expressly agreed otherwise, the customer must make payment prior to the delivery of articles and/or services by bank transfer or in cash to AIR-RANGE.eu.
    2. If a payment period has been agreed, payment of the price due by the customer must be made without suspension, discount, set off or deduction within the agreed payment period.
    3. If the customer has not paid the total price, or has not done so on time, the customer will be in default without any further notice of default. Notwithstanding the statutory rights, rights under the agreement and rights under these General Terms and Conditions to which AIR-RANGE.eu is entitled, the customer will be liable to pay the statutory interest due plus three per cent on the unpaid amount from the date of default up to and including the date of payment.
    4. If AIR-RANGE.eu hands over the claim for collection to a third party, all the associated extrajudicial and judicial costs will be payable by the customer. The extrajudicial costs will in any case amount to fifteen per cent of the amount due, subject to a minimum of EUR 100.00.

 

 

  1. Reservation of ownership and other rights of AIR-RANGE.eu
    1. AIR-RANGE.eu reserves ownership of all articles that it delivers to the customer until the purchase price for all these articles has been paid in full. If AIR-RANGE.eu performs services under an agreement for the customer that are payable by the customer, the reservation of ownership will apply until the customer has also paid the amount in full that is due in that regard. The reservation of ownership also applies to the claims that AIR-RANGE.eu acquires against the customer because the customer fails to comply with one or more of its obligations towards AIR-RANGE.eu.
    2. As long as ownership of the delivered articles has not passed to the customer, the customer may not pledge or grant a third party any other right to those articles and is obliged to report any incident to AIR-RANGE.eu that harms or may harm its interests as the owner of those articles. AIR-RANGE.eu is not obliged to indemnify the customer against its liability as the holder of an article.
    3. If the customer fails to comply with its obligations towards AIR-RANGE.eu or AIR-RANGE.eu has good reason to assume that the customer will fail to comply with its obligations, AIR-RANGE.eu will be entitled to immediately repossess the articles delivered under the reservation of ownership. After repossession, the customer will receive a refund that will not in any case exceed the original purchase price of the article after the deduction of the costs of repossession and the amount that the customer owes due to its failure to comply with its obligations towards AIR-RANGE.eu.

 

  1. Returns
    1. The customer is entitled to return the delivered articles within seven days of receipt (carriage paid) in the original packaging and with the delivered accessories, without any wear and tear, accompanied by a completed return form. This return form should be downloaded from the AIR-RANGE.eu website or will be sent on request. Returns will not be dealt with without this return form.
    2. If a customer has invoked the termination of the agreement and the order has been returned, AIR-RANGE.eu will refund the amount to the customer within fifteen business days. Refunds will be paid to the bank or giro account indicated by the customer. The customer must also provide its IBAN–BIC details for refunds to an account outside the Netherlands.

 

  1. Liability
    1. AIR-RANGE.eu is only liable towards a customer for damage that is the foreseeable result of an attributable failure by AIR-RANGE.eu to comply with its obligations towards the customer under the agreement. AIR-RANGE.eu is not liable in any case for any form of consequential damage or indirect damage including installation and dismantling costs, losses due to delays, trading losses, depreciation, cargo damage, personal or intangible loss.
    2. AIR-RANGE.eu's liability for damage towards a customer is limited to the invoice value of the purchased articles and/or services.
    3. AIR-RANGE.eu's responsibility for the delivery of articles is limited to when the order is presented for the first time at the address indicated by the customer.
    4. AIR-RANGE.eu is not liable for any loss of the order if the customer made an error in stating the address details when placing the order. Any additional costs that arise if the order is returned and/or has to be sent a second time are payable by the customer unless the cause can be attributed to AIR-RANGE.eu.
    5. AIR-RANGE.eu is not responsible for the loss of the order if this order is delivered to an address where there are no authorised persons who can accept the package.
    6. AIR-RANGE.eu can only take action if an order has not been delivered within a week of its dispatch and the carrier reports this to AIR-RANGE.eu. This only applies if an order with a Track and Trace code is unknown. If the carrier states that an order has been delivered and provides proof of signature for the order, AIR-RANGE.eu will no longer be responsible and/or liable towards the customer.
    7. As regards the condition of the articles and/or services supplied by AIR-RANGE.eu, its liability towards the customer does not extend beyond the description of the warranty as referred to in Clause 12. The customer is not entitled to the rights granted by law, except insofar as these are of a mandatory nature, such as the right under Book 7 of the Dutch Civil Code that the item must conform to the agreement upon delivery.
    8. The customer indemnifies AIR-RANGE.eu against any third-party claims.

 

  1. Termination
    1. If the customer fails to comply with its obligations towards AIR-RANGE.eu for a period of 14 days after having received a written notice of default from AIR-RANGE.eu, the agreement will be terminated by operation of law and without judicial intervention, unless AIR-RANGE.eu still requires performance of the agreement.
    2. If the agreement is terminated, the customer will forfeit an immediately due and payable penalty to AIR-RANGE.eu of fifteen per cent of the amount due, notwithstanding AIR-RANGE.eu's right to full compensation of damage and costs.
    3. If the customer requests a moratorium on the payment of debts, petitions for voluntary bankruptcy/liquidation, a petition is made for the customer's compulsory bankruptcy/liquidation or the customer is declared bankrupt or put into liquidation on the basis of such a petition, AIR-RANGE.eu will be entitled to terminate or suspend the agreement, in whole or in part, with immediate effect. In these cases, all claims that AIR-RANGE.eu has against the customer will become immediately due and payable in full, without AIR-RANGE.eu being liable to pay any compensation.

 

  1. Warranty
    1. With the exception of repair parts, AIR-RANGE.eu gives the customer a one-year warranty on articles, with due observance of this Clause 12. AIR-RANGE.eu does not give any warranty on individual components or service parts. AIR-RANGE.eu gives the customer a six-month warranty on repairs.
    2. If an article is defective, the customer must firstly contact AIR-RANGE.eu by means of a warranty request form that can be downloaded from the website or sent on request.
    3. Articles that are returned will be inspected by AIR-RANGE.eu on receipt. The warranty does not apply if:
  • the article being returned is not properly protected against damage caused in transit;
  • the wear and tear to the article cannot be regarded as normal;
  • alterations have been made in or to the article;
  • the customer has not acted in accordance with the instructions given by AIR-RANGE.eu, including in case of defects caused by faulty installation, incorrect or improper use, intentional or gross carelessness or negligent maintenance.
    1. The dispatch costs of the articles for which warranty claims are made are always payable by the customer.
    2. The dispatch costs for sending articles to the customer in respect of which warranty claims have been upheld are payable by AIR-RANGE.eu.

 

  1. Complaints
    1. Complaints relating to articles delivered or services performed by AIR-RANGE.eu must be made to AIR-RANGE.eu as soon as possible but in any event not later than seven days after the reason for making the complaint is discovered or could reasonably have been discovered, failing which the right to complain will be forfeited. This period commences when the article is delivered to the customer or when the service is performed.
    2. Damage to packaging must be photographed and forwarded. After inspection and consultation, AIR-RANGE.eu may redeliver or carry out repairs.

 

  1. Grievances
    1. AIR-RANGE.eu aims to deal with everything to the full satisfaction of its customers. In the unlikely event of something not meeting expectations, the customer may submit its grievance by means of a contact form on the website. AIR-RANGE.eu aims to respond to grievances within 48 hours.

 

  1. Personal data
    1. AIR-RANGE.eu respects the privacy of its customers and ensures that all personal data is treated confidentially. Personal data is stored in AIR-RANGE.eu's database. The personal data provided by the customer is used to process the order. It is also used for internal marketing purposes, such as sending mass e-mails and/or offers of AIR-RANGE.eu.
    2. This personal data will never be provided to third parties.

 

  1. Miscellaneous information about AIR-RANGE.eu
    1. AIR-RANGE.eu has its registered office at Vissershavenweg 63, 2583 DL The Hague (The Netherlands)

Chamber of Commerce: 56849605
VAT number: NL852330777B01
BIC: ABNANL2A
IBAN: NL53ABNA 059.46.24.444

    1. AIR-RANGE.eu may be contacted by telephone during office hours on +31 (0)70 3205005. All questions, comments and any grievances can be made using the contact form on the website. AIR-RANGE.eu aims to answer e-mails received on business days within 24 hours.

 

  1. Choice of law and resolution of disputes
    1. All disputes arising from or relating to the agreement to which these General Terms and Conditions apply will be assessed and settled by The Hague District Court, except if and insofar as the law mandatorily prescribes another judicial body.
    2. Dutch law applies to every legal relationship between AIR-RANGE.eu and the customer.

 

  1. Final provisions
    1. These General Terms and Conditions replace all previously adopted and filed conditions and provisions.
    2. If one or more provisions of the agreement between AIR-RANGE.eu and the customer are or become invalid, the rest of the agreement will remain in force. The Parties shall jointly agree on provisions to replace those that are or become invalid, all in line with the arrangements that have already been made.
    3. Unless AIR-RANGE.eu gives its prior, written consent, the customer may not assign or encumber its claims and other rights against AIR-RANGE.eu by reason of its legal relationship with AIR-RANGE.eu to third parties in any way.
    4. The General Terms and Conditions that are drafted in Dutch prevail over those drafted in English or any other language.

                                                                                    

Filed at the registry of The Hague District Court under number 38/2013.