GENERAL TERMS AND CONDITIONS
TERMS OF SERVICE Webshop AEROVÉ B.V. (Aerové)
www.aerove.life
Table of contents:
Article 1 – Definitions
Article 2 – The Entrepeneur’s identity
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – Consumer’s obligation during the reflection time
Article 8 – Exercising the Consumer’s right of withdrawal and the costs
Article 9 – Entrepeneur’s obligation in case of withdrawal
Article 10 – Exclusion right of withdrawal
Article 11 – The price
Article 12 – Compliance and extra guaranty
Article 13 – Delivery and execution
Article 14 – Continuing performance contract: duration, termination and extension
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Additional or deviating payments
Article 19 – Postpay
Article 20 – Minimum age
Article 1 – Definitions
In these terms and conditions, the following terms shall have the following meanings:
1. Additional agreement: an agreement in which the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by Aerové B.V. are offered and delivered or by a third party on the basis of an agreement between that third party and Aerové B.V.;
2. Reflection period: the period within which the consumer can make use of his right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and/or delivered in digital form;
6. Continuing performance contract: an agreement that extends to the regular delivery of goods, products, services and/or digital content during a certain period;
7. Sustainable data carrier: any tool, including e-mail, that enables the consumer or entrepreneur to store information that is addressed to him personally in such a manner that makes future consultation or use possible during a period that matches the purpose for which the information is destined, and which allows unaltered reproduction of the stored information;
8. Right of withdrawal: the option of the consumer not to proceed with the distance agreement within the cooling-off period;
9. Entrepreneur: the natural or legal person who provides products, (access to) digital content and/or services to consumers at a distance;
10. Distance contract: a contract concluded between Aerové B.V. and the consumer is concluded within the framework of an organized system for distance sales of products, (access to) digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;
11. Standard form for withdrawal: the European standard form for withdrawal available on the site;
12. Technique for distance communication: a means to be used for concluding an agreement, without the consumer and entrepreneur being in the same place at the same time;
Article 2 – The Entrepreneur’s Identity:
Entrepreneur name: Aerové B.V.
Business address:
Anninksweg 4A, 7557 AG, Hengelo (ov)
The Netherlands
Phone number: +31627550026
(available from Monday to Friday between 10 a.m. and 5 p.m.)
E-mail address: electronic means of communication offered to the consumer: [email protected]
Chamber of Commerce number: 86746308
VAT identification number: NL864074049B01
TPD/TRPR Notification ECID/GBID: 09304-23-00001 / 09304-23-00002 Aerové
UK MHRA: 09304-23-00001 / 09304-23-00002 Aerové
RoHS Test Report No: A2212087-C01-R03
CE Registration No: A2212087-C01-E01
UKCA Registration No: A2212087-C01-E02
EU IPO Trademark Registration Number: 018751053
WIPO registration number: 1716182
China Trademark Registration Number: 68505957
Article 3 – Applicability:
1. These General Terms and Conditions apply to any offer from Aerové and to any distance contract concluded between the Entrepreneur and the Consumer.
2. Before the distance contract is concluded, the text of these general Terms and Conditions will be made available to the consumer. If this is not reasonably possible, Aerové will indicate how the general Terms and Conditions can be viewed at Aerové before the distance contract is concluded. At the request of the consumer, these Terms and Conditions can also be sent to the consumer free of charge.
3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically, for example by email, in such a way that it can be easily stored by the consumer on a durable data carrier.
If this is not reasonably possible, before the distance contract is concluded, it will be indicated how the general Terms and Conditions can be read electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
4. In the event that specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly and in the event of contradictory terms and conditions, the consumer may always appeal to the applicable provision that is most favourable to him/her.
Article 4 – The offer:
1. If an offer is of limited duration or if certain conditions apply, this will be explicitly stated in the offer.
2. The offer contains a full and accurate description of the products, depending on the applicable legislation, a description of the products, digital content and/or services offered.
The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If Aerové uses images, they are a reasonably accurate representation of the products, services and/or digital content offered.
Any mistakes and/or errors in the offer cannot be attributed to Aerové in any way and do not bind Aerové in any way.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5 – The contract:
1. Subject to the provisions of paragraph 4, the contract becomes valid when the consumer has accepted the offer and fulfilled the terms and conditions set.
2. If the consumer has accepted the offer via electronic means, Aerové will immediately (electronically) confirm receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by Aerové, the consumer can dissolve the contract.
3. If the agreement is concluded electronically, Aerové will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, Aerové will take appropriate security measures.
4. Aerové can, within legal frameworks, gather information whether the consumer can fulfill his payment obligations, as well as all facts and factors that are relevant to responsibly concluding the distance contract. If, on the basis of this investigation, Aerové has good reasons not to enter into the agreement, Aerové is lawfully entitled to refuse an order or request or to attach special terms to the implementation, stating reasons.
5. At the latest upon delivery of the product, service or digital content to the consumer, Aerové will also send the following information, in writing or in such a manner that it can be stored by the consumer in an accessible manner on a long-term data carrier:
- The visiting address of the Aerové branch where the consumer can go with complaints;
- The conditions under which and the manner in which the consumer can make use of the right of withdrawal, or clear information regarding the exclusion of the right of withdrawal;
- The information about guarantees and existing after-sales service;
- The price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the payment method, delivery or implementation of the distance contract;
- The requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.
6. In the case of continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.
Please note: Every agreement is entered into under the conditions precedent of sufficient availability of the relevant products.
Article 6 – Right of withdrawal:
By products:
1. The consumer can repudiate a purchase contract for a product without giving reasons for a period of reflection of at least 14 days. Aerové may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason(s).
2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
a: if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. Aerové may, provided it has clearly informed the consumer about this prior to the ordering process, place an order for several products with different delivery times.
b: if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
c: in the case of contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
In case of services and digital content that is not delivered on a physical carrier:
The consumer can terminate an agreement for services or an agreement for the delivery of digital content that has not been delivered on a physical carrier without giving reasons during at least 14 days. Aerové may ask the consumer about the reason for the withdrawal, but cannot force him to state his reason(s)
The reflection period mentioned above starts on the day following the conclusion of the agreement.
Extended reflection period for products, services and digital content that has not delivered on a physical carrier in case no information is given about the right of withdrawal:
If Aerové has not provided the consumer with the legally required information about the right of withdrawal or has not provided the standard form for withdrawal, the reflection period will expire twelve months after the end of the original reflection period in accordance with the reflection period determined in the previous paragraph of this article.
If Aerové has provided the consumer with the information referred to in the previous article within twelve months after the starting day of the original period of reflection, the period of reflection will expire 14 days after the day on which the consumer received that information.
Article 7 – Consumer’s obligations during the time of reflection:
1. During this period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary for establishing the nature, characteristics and the effect of the product. The guiding principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
2. The consumer is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than allowed in paragraph 1.
3. The consumer is not liable for the decrease in the value of the product if Aerové has not provided him with all legal information about the right of withdrawal before concluding the agreement.
Artikel 8 – Exercising the Consumer’s right of withdrawal and the costs:
1. If the consumer makes use of his right of withdrawal, he must report this within the period of reflection means of the withdrawal form on the website.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if Aerové has offered to collect the product itself. The consumer observed the period of returning the product in any event if the product is returned before the expiration of the period of reflection.
3. The consumer shall return the product with all delivered accessories, if reasonably possible in the original condition and packaging, and, if applicable, in accordance with the reasonable and clear instructions provided by Aerové.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the consumer.
5. The consumer bears the direct costs of returning the product. If Aerové indicates that it will bear the costs itself, the consumer does not have to pay the costs for the return.
6. If the consumer revokes, cancellation costs will be charged, this amount includes the costs incurred for sending and costs for the chosen payment method of the order.
7. If the consumer makes use of his right of withdrawal, all additional agreements end by operation of law.
Article 9 – Entrepreneur’s obligations in case of withdrawal:
1. If Aerové makes the notification of withdrawal by the consumer electronically possible, it will send a confirmation of receipt after receipt of this notification.
2. Aerové will reimburse all payments made by the consumer, excluding delivery costs and minus costs incurred by Aerové for the returned product, and strives to do so within 14 working days following the day on which the consumer notifies him of the withdrawal. Payment will be made when Aerové has received the returned product in good order.
If Aerové offers to collect the product itself, it may wait with repayment until it has received the product in good order.
3. Aerové prefers to use the same payment method used by the consumer for reimbursement, unless the consumer agrees to a different method of reimbursement. The refund is free of charge for the consumer.
4. If the consumer has opted for a more expensive method of delivery instead of the cheapest standard delivery, Aerové does not have to reimburse the additional costs for the more expensive method.
Article 10 – Exclusion of the right of withdrawal:
Aerové can exclude the following products and services from the right of withdrawal, but only if Aerové has clearly notified this in the offer, or at least before concluding the agreement:
1. Products or services whose price depends on fluctuations in the financial market over which Aerové has no influence and which may occur within the withdrawal period;
2. Agreements concluded during a public auction. A public auction is defined as a selling method whereby products, digital content and/or services are offered by Aerové to the consumer who is personally present or has the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful the bidder is obliged to purchase the products, digital content and/or services;
3. Service agreements, after full performance of the service, but only if:
a. the performance has started with the consumer’s explicit prior consent;
b. the consumer stated that he will lose his right of withdrawal as soon as Aerové has fully performed the agreement;
4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and agreements for passenger transport;
5. Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
6. Agreements relating to leisure activities, if the agreement provides for a specific date or period for its implementation;
7. Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
8. Perishable goods or products with a limited shelf life, such as: E-cigarettes, vapes, disposable devices;
9. Products that are not suitable to be returned for reasons of health protection or hygiene and/or whose seal has been broken after delivery, such as: atomizers, E-cigarettes, vapes, disposable devices;
10. Products that are irrevocably mixed with other products after delivery due to their nature;
11. Alcoholic beverages, the price of which was agreed upon when the agreement was concluded, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence;
12. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
13. Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
14. The supply of digital content other than on a tangible medium, but only if:
a. the performance has begun with the express prior consent of the consumer; and
b. the consumer has stated that he thereby loses his right of withdrawal.
If one of these purchased products has a demonstrable (manufacturing) error or defect, you can contact us via [email protected]. Clearly state the error or defect. Any (return) shipping costs are for the account of the customer, unless agreed otherwise with Aerové.
Artikel 11 – The price:
Aerové itself determines the price for its products.
The prices stated in the range of products or services include VAT and exclude any shipping costs.
Article 12 – Performance of an agreement and extra Guarantee:
1. Aerové guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable usability and/or reliability and the statutory provisions existing on the date of the conclusion of the contract and/or government regulations.
Aerové does not guarantee that its products are suitable for other than normal use.
2. An additional guarantee provided by Aerové, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can enforce against Aerové on the basis of the agreement, if Aerové has failed to fulfill its part of the agreement.
3. An additional warranty is understood to mean any obligation of Aerové, its supplier, importer or producer in which it assigns certain rights or claims to the consumer that go beyond what is legally required in the event that it has failed to fulfill its part of the agreement.
4. All consumables have a DOA (Death On Arrival) warranty.
This means that if you receive a product that does not appear to work upon arrival, this product will be replaced, provided that you return it to the (establishment) address indicated by Aerové and on the day of receipt, notification via email, [email protected], has been created. We can then have the product examined for quality purposes.
It is recommended to check an item for effectiveness upon receipt.
Article 13 – Delivery and execution:
1. Aerové will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to Aerové.
3. With due observance of what is stated in these General Terms and Conditions, Aerové will execute accepted orders expeditiously, but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs.
4. After repudiaton in conformity with the preceding paragraph, Aerové will immediately refund the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with Aerové, if shipped with track & trace until the moment of delivery to the consumer or a representative designated in advance and made known to Aerové, unless expressly agreed otherwise.
6. All deliveries are sent by default at the risk of the customer unless the option track & trace is chosen in the ordering process.
Article 14 – Continuing performance contract: duration, termination and extension:
Termination:
1. The consumer can terminate a contract that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termiantion rules and a notice period of no more than one month.
2. The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, with due observance of the termination rules and a notice period of at most one month.
3. The consumer can cancel the agreements mentioned in the preceding paragraphs: at any time and not be limited to termination at a particular time or in a given period; at least in the same way as they were concluded by him; at all times with the same notice as the Entrepreneur stipulated for himself.
Extension:
4. An agreement concluded for a definite period which extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed term.
5. Contrary to the previous paragraph, a contract for a definite period which extends to the regular delivery of dailies, weekly newspapers and magazines, may be tacitly renewed for a fixed term of a maximum of three months, if the consumer has extended this can terminate the agreement by the end of the extension with a notice period of no more than one month.
6. An agreement that has been concluded for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration:
8. If the duration of a contract is more than one year, the consumer may terminate the contract at any time after one year with a notice period of not more than one month, unless reasonableness and fairness resist the termination before the end of the agreed term.
Article 15 – Payment:
1. Unless otherwise stipulated in the agreement or in the additional conditions, the amounts to be paid by the consumer must be settled within 14 days after the period of reflection, or if there is no period of reflection within 14 days after the conclusion of the contract agreement.
In the case of an agreement to provide a service, this period starts on the day that the consumer has received the confirmation of the agreement.
2. When selling products to consumers, it is not permitted to negotiate an advance payment of more than 50% in the General Terms and Conditions. If an advance payment was agreed, the Consumer may not assert any right regarding the execution of the order in question or the service(s) in question before making the agreed advance payment.
3. The consumer has the duty to inform Aerové promptly of possible inaccuracies in the payment details that were given or specified.
4. If the consumer does not meet his payment obligation(s) in time, after Aerové has pointed out the late payment and Aerové has granted the consumer a period of 14 days to still meet his payment obligations, the consumer is If payment is not made within this 14-day term, Aerové will owe statutory interest on the amount still due and Aerové will be entitled to charge the extrajudicial collection costs incurred by it.
These extrajudicial collection costs amount to no more than: 15% for outstanding amounts up to € 2,500; 10% for the following € 2,500 and 5% for the next € 5,000; with a minimum of € 40.
Aerové may deviate from the aforementioned amounts and percentages in favour of the consumer.
Article 16 – Complaints procedure:
Aerové advises you to first make complaints known to them by emailing [email protected].
If this does not lead to a solution, it is possible to register your dispute for mediation via Stichting WebwinkelKeur . From 15 February 2016 it is also possible for consumers in the EU to register complaints via the ODR platform of the European Commission. This ODR platform can be found at http://ec.europa.eu/odr
If your complaint is not yet being processed elsewhere, you are free to deposit your complaint via the platform of the European Union.
1. Aerové has a sufficiently notified complaints procedure in place and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the contract shall be submitted fully and clearly described to Aerové within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to Aerové will be answered within a period of 14 working days from the date of receipt. Should a complaint require a foreseeable longer processing time, Aerové will respond within the period of 14 working days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be solved in joint consultation within a reasonable period of time or within 3 months after the complaint was submitted, there will be a dispute that is open to the dispute settlement rules.
Article 17 – Disputes:
Contracts between Aerové and the consumer to which these General Terms and Conditions apply are exclusively governed by the law of Aerové’s country of residence/registration.
Article 18 – Additional or deviating payments
Additional or deviating provisions from these General Terms and Conditions must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
Article 19 – Postpay:
Aerové does not offer an option to pay afterwards for its products.
Article 20 – Minimum age:
Some products can only be ordered by customers with a minimum age of 18 and/or 21 years. This is clearly indicated in advance before you want to order a product. You must first confirm your age before you can proceed to the product page.
By doing this you declare that you meet the (legal) age requirements.
Aerové cannot be held liable for orders placed by minors under the age of 18 and/or by consumers who do not meet the (legal) age requirements.