Terms and Conditions

Terms and Conditions

E-mail: info@ambrss.com

Definitions

1. AMBRS: AMBRS, established in Groningen under Chamber of Commerce number: 87124327.

2. Customer: the person with whom AMBRS has entered into an agreement.

3. Parties: AMBRS and customer together.

4. Consumer: a customer who is also an individual acting as a private person.

Article 1 - Applicability of general terms and conditions

1. These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of AMBRS.

2. Parties may only deviate from these conditions if they have expressly agreed to this in writing.

3. The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or third parties.

Article 2 - Prices

1. All prices charged by AMBRS are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.

2. All prices that AMBRS charges are for products, stated on its website or otherwise, AMBRS can change at any time.

3. Increases in the cost prices of products or parts thereof, which AMBRS could not have foreseen at the time of making the offer or concluding the agreement, may give rise to a price increase.

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

Article 3 - Samples and models

If the customer has received a sample or model of a product, he 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 products to be delivered correspond to the sample or model.

Article 4 - Payments and payment term

Article 5 - Consequences of failure to pay on time

1. If the customer does not pay within the agreed term, AMBRS is entitled to charge the statutory interest of 2% per month for non-commercial transactions from the day the customer is in default, whereby part of a month is counted as a whole month. .

2. If the customer is in default, he also owes AMBRS extrajudicial collection costs and any damages.

3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.

4. If the customer does not pay on time, AMBRS may suspend its obligations until the customer has met his payment obligation.

5. In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, AMBRS' claims on the customer are immediately due and payable.

6. If the customer refuses to cooperate with the execution of the agreement by AMBRS, he is still obliged to pay the agreed price to AMBRS.

Article 6 - Right of complaint

1. As soon as the customer is in default, AMBRS is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.

2. AMBRS invokes the right of recovery by means of a written or electronic communication.

3. As soon as the customer has been informed of the invoked right of recovery, the customer must immediately return the products to which this right relates to AMBRS, unless the parties make other agreements about this.

4. The costs for retrieving or returning the products will be borne by the customer.

Article 8 - Reimbursement of delivery costs

Article 9 - Return address of order in case of cancellation

If the consumer exercises his right of withdrawal, he is eligible for reimbursement of the costs for returning the entire order if the order is returned to:

AMBRS

Marjoleinstraat 60

9731 DB

GRONINGEN

Article 10 - Suspension right

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

Article 11 - Right of retention

1. AMBRS can invoke its right of retention and in that case retain the customer's products until the customer has paid all outstanding invoices with regard to AMBRS, unless the customer has provided sufficient security for the costs.

2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to AMBRS.

3. AMBRS is never liable for any damage that the customer may suffer as a result of using his right of retention.

Article 12 - Settlement

Unless the customer is a consumer, the customer waives his right to offset a debt to AMBRS against a claim against AMBRS.

Article 13 - Retention of title

1. AMBRS remains the owner of all delivered products until the customer has fully fulfilled all his payment obligations to AMBRS under the law for any agreement concluded with AMBRS, including claims for failure to comply.

2. Until then, AMBRS can invoke its retention of title and take back the goods.

3. Before ownership has been transferred to the customer, the customer may not pledge, sell, dispose of or otherwise store the products.

4. If AMBRS invokes its retention of title, the agreement will be deemed to have been dissolved and AMBRS has the right to claim damages, lost profits and interest.

Article 14 - Custody

1. If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.

2. Any additional costs resulting from premature or purchase of products will be entirely borne by the customer.

Article 15 - Warranty

1. The warranty regarding products only applies to defects caused by defective manufacturing, construction or materials.

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

3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties passes to the customer at the time when they are legally and/or actually delivered, or at least come into the power of the customer or a third party. who receives the product on behalf of the customer.

Article 16 - Exchange

1. Exchanging purchased items is only possible if the following conditions are met:

Exchanges take place within 14 days of purchase upon presentation of the original invoice

The product is returned in the original packaging or with the original (price) tags still attached

The product has not yet been used

2. Discounted items, non-perishable items such as food, custom-made items or items specially adapted for the customer cannot be exchanged

Article 17 - Complaints

1. The customer must examine a product or service provided by AMBRS as soon as possible for any shortcomings.

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

3. Consumers must inform AMBRS within 2 months of discovering the shortcomings.

4. The customer provides as detailed a description as possible of the shortcoming, so that AMBRS is able to respond adequately.

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

6. If a complaint relates to ongoing work, this cannot in any case mean that AMBRS can be obliged to perform work other than that agreed.

Article 19 - Notice of default

1. The customer must notify AMBRS of notice of default in writing.

2. It is the customer's responsibility that a notice of default actually reaches AMBRS (in a timely manner).

Article 20 - Customer's joint and several liability

If AMBRS enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts they owe to AMBRS under the agreement.

Article 21 - AMBRS liability

1. AMBRS is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness.

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

3. AMBRS is never liable for indirect damage, such as consequential damage, lost profits, missed savings or damage to third parties.

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

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

Article 22 - Expiration period

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

Article 23 - Right to dissolution

1. The customer has the right to terminate the agreement if AMBRS imputably fails to fulfill its obligations, unless this failure, given its special nature or minor significance, does not justify termination.

2. If compliance with the obligation is not permanently or temporarily impossible by AMBRS, dissolution can only take place after AMBRS is in default.

3. AMBRS has the right to terminate the agreement with the customer if the customer does not fully or timely fulfill his obligations under the agreement, or if AMBRS has become aware of circumstances that give it good grounds to fear that the customer will not fulfill his obligations. will be able to fulfill properly.

Article 24 - Force majeure

1. In addition to the specific article 6:75 of the Dutch Civil Code, a shortcoming of AMBRS shop in the fulfillment of any obligation towards the customer cannot be attributed to AMBRS in a situation independent of the will of AMBS shop, as a result of which the fulfillment of its obligations towards the customer are prevented in whole or in part or as a result of which AMBRS cannot reasonably be expected to fulfill its obligations.

2. The force majeure situation referred to in paragraph 1 also includes, but is not limited to: a state of emergency (such as civil war, uprising, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties: unexpected power, electricity, internet. computer and telecom disruptions: computer fishing, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.

3. If a force majeure situation occurs as a result of which AMBRS cannot fulfill one or more obligations to the customer, those obligations will be suspended until AMBRS p can fulfill them again.

4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may terminate the agreement in whole or in part in writing.

5. AMBRS is not liable for any (damage) compensation in a force majeure situation, even if there is any benefit as a result of the overnight situation.

Article 25 - Changes to the agreement

1. If, after concluding the agreement for its implementation, it appears necessary to change or supplement its contents, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.

2. The previous paragraph does not apply to products purchased in a physical store.

Article 26 - Changes to general terms and conditions

1. AMBRS is entitled to change or supplement these general terms and conditions.

2. Changes of minor importance can be made at any time.

3. AMBRS will discuss major substantive changes with the customer in advance as much as possible.

4. Consumers are entitled to cancel the agreement in the event of a material change to the general terms and conditions.

Article 27 - Transfer of rights

1. Customer rights from an agreement between the parties cannot be transferred to third parties without the prior written consent of AMBRS.

2. These provisions apply as a clause with property law effect as referred to in Article 3:83, second paragraph, of the Dutch Civil Code.

Article 28 - Consequences of nullity or voidability

1. If one or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.

2. A provision that is void or voidable will in this case be replaced by a provision that comes closest to what AMBRS shop had in mind on that point when drawing up the conditions.

Article 29 - Applicable law and competent court

1. Every agreement between the parties is exclusively governed by Dutch law.

2. The Dutch court in the district where AMBRS shop is located/has a practice/office has exclusive jurisdiction to hear any disputes between parties, unless the law prescribes otherwise.