Terms & Conditions
Index:
Article 1 - Definitions
Article 2 - Identity of ASEBA Europe
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the end user during the reflection period
Article 8 - Exercising the right of withdrawal by the end user and costs thereof
Article 9 - Obligations of ASEBA Europe upon withdrawal
Article 10 - Exclusion right of withdrawal
Article 11 - The price
Article 12 - Compliance and extra guarantee
Article 13 - Delivery and performance
Article 14 - Duration transactions: duration, cancellation and renewal
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or deviating provisions
Article 1 - Definitions
In these terms and conditions:
1. Reflection period: the period within which the end user can make use of his right of withdrawal;
2. Day: calendar day;
3. Services: independent or additional services provided by ASEBA Europe
4. Continuing performance contract: an agreement that extends to the regular delivery of products, services and/or software during a certain period;
5. Durable data carrier: any tool - including e-mail - that enables the end user or ASEBA Europe to store information addressed to him personally in a way that allows future consultation or use for a period that is tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
6. End user: the legal person who purchases products and/or services via the website of ASEBA Europe;
7. Right of withdrawal: the option of the end user to cancel the agreement within the cooling-off period;
8. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions;
9. Agreement: an agreement concluded between ASEBA Europe and the end user via the website of ASEBA Europe;
10. Product: hardware and accessories;
11. Software: software that is supplied to the end user via license codes or download links;
12. VOF ASEBA Europe: holder of the trade name ASEBA Europe and of the website of ASEBA Europe on which products, (access to) software and/or services are offered to end users;
13. ASEBA Europe: the webshop of VOF ASEBA Europe where products, software and services are offered to the end user at special rates for the education sector.
Article 2 - Identity of ASEBA Europe
VOF ASEBA Europe
Chamber of Commerce number: 87062925
Business & postal address:
Westerkade 31 D, 3016 CM Rotterdam
Accessibility:
Email: info@aseba-europe.org
Monday - Friday: 09:00 - 17:00 (excluding weekends and holidays)
ASEBA Europe can be reached at info@aseba-europe.org. The end user can provide a telephone number via the contact form on www.aseba-europe.org. ASEBA Europe will then contact you by telephone as soon as possible.
Administration:
Payment options:
The ASEBA Europe website uses Mollie's payment service
VAT: NL864192538B01
Article 3 - Applicability
1. These general terms and conditions apply to every offer from ASEBA Europe and to every agreement between ASEBA Europe and the end user.
2. If the agreement is concluded electronically, the text of these general terms and conditions will be made available to the end user electronically so that it can be easily stored by the end user on a durable data carrier. If this is not reasonably possible, before the agreement is concluded, it will be indicated how the end user can take note of the general terms and conditions electronically and that they will be sent free of charge at the request of the end user electronically or otherwise. .
3. In the event that specific product or service conditions apply in addition to these general terms and conditions, the foregoing in this article shall apply mutatis mutandis to these specific terms and conditions.
4. In the event of any conflict between these general terms and conditions and the product or service terms and conditions, these general terms and conditions will prevail.
Article 4 - The offer
1. If an offer has a limited period of validity or is subject to conditions, this will be stated in the offer.
2. The offer contains a complete and accurate description of the products, software and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the end user. If ASEBA Europe uses images, these are a true representation of the products, services and/or software offered. Obvious mistakes or errors in the offer do not bind ASEBA Europe.
3. Each offer contains such information that it is clear what the rights and obligations are that are attached to the acceptance of the offer.
4. ASEBA Europe is entitled to change the offer until it has been accepted by the end user.
Article 5 - The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance of the offer by the end user.
2. ASEBA Europe will immediately confirm receipt of acceptance of the offer by electronic means. As long as receipt of this acceptance has not been confirmed by ASEBA Europe, the end user may terminate the agreement.
3. If the agreement is concluded electronically, ASEBA Europe will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the end user can pay electronically, ASEBA Europe will take appropriate security measures.
4. ASEBA Europe is entitled, immediately after the conclusion of the agreement, to require electronic payment from the end user in accordance with Article 15 and to terminate the agreement if this electronic payment does not take place immediately.
5. ASEBA Europe will send the following information to the end user at the latest upon delivery of the product, service or software. ASEBA Europe does this in writing or in such a way that it can be stored by the end user in an accessible manner on a durable data carrier:
a. the visiting address of ASEBA Europe where the end user can go with complaints;
b. the conditions under which and the manner in which the end user can make use of the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
c. the information about warranties and existing after-sales service;
d. the price including all taxes of the product, service or software; where applicable, the costs of delivery; and the method of payment, delivery or performance of the agreement;
e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of an indefinite duration;
f. if the end user has a right of withdrawal, the model form for withdrawal.
6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Right of withdrawal
By products:
1. The end user can dissolve an agreement regarding the purchase of a product during a cooling-off period of 14 days without giving reasons. ASEBA Europe may ask the end user about the reason for withdrawal, but not oblige him to state his reason(s).
2. The cooling-off period referred to in paragraph 1 commences on the day after the end user, or a third party designated in advance by the end user who is not the carrier, has received the product, or:
a. if the end user has ordered more products in the same order: the day on which the end user, or a third party designated by him, has received the last product. ASEBA Europe may refuse an order for more products with different delivery times if it has clearly informed the end user prior to the ordering process;
b. if the delivery of a product consists of several shipments or parts: the day on which the end user, or a third party designated by him, has received the last shipment or the last part;
c. in the case of agreements for regular delivery of products during a certain period: the day on which the end user, or a third party designated by him, has received the first product;
d. in the case of software supplied on a material carrier: after the seal has been broken or 14 days after delivery as referred to in paragraph 1.
For services:
3. The end user can dissolve an agreement regarding the purchase of a service during a cooling-off period of 14 days after the conclusion of the agreement without giving reasons. ASEBA Europe may ask the end user about the reason for withdrawal, but not oblige him to state his reason(s).
For software:
4. No cooling-off period applies to software downloaded by the end user if the end user agrees to this and ASEBA Europe immediately confirms this consent in writing.
Extended reflection period for products and services if you do not inform about the right of withdrawal:
5. If ASEBA Europe provides the legally required information about the right of withdrawal or the model form for withdrawal to the end user within twelve months after the starting date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the end user has received that information.
6. If ASEBA Europe has not provided the end user with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period will expire twelve months after the end of the original reflection period, determined in accordance with the previous paragraphs of this article.
Article 7 - Obligations of the end user during the reflection period
1. During the cooling-off period, the end user will treat the product and the packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The end user may only handle and inspect the product as he is allowed to do in a shop.
2. The end user is liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
3. The end user is not liable for any reduction in value of the product if ASEBA Europe has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 - Exercising the right of withdrawal by the end user and costs thereof
1. If the end user makes use of his right of withdrawal, he must report this to ASEBA Europe within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the end user shall return the product or hand it over to (an authorized representative of) ASEBA Europe. This is not necessary if ASEBA Europe has offered to collect the product itself. The end user has in any case observed the return period if he returns the product before the cooling-off period has expired.
3. The end user shall return the product in good condition with all accessories supplied, if reasonably possible in the original and undamaged condition and in the original packaging, and in accordance with the reasonable and clear instructions provided by ASEBA Europe. The end user is responsible for returning the product.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the end user.
5. The end user bears the costs of returning the product. If ASEBA Europe has not notified that the end user must bear these costs or if ASEBA Europe indicates that it will bear the costs itself, the end user will not have to bear the costs for the return.
6. The end user does not bear any costs for the performance of services if: a. ASEBA Europe has not provided the end user with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model form for withdrawal, or; b. the end user has not expressly requested the commencement of the performance of the service during the cooling-off period.
7. The end user bears no costs for the full or partial delivery of software not supplied on a tangible medium, if:
prior to delivery, he has not expressly agreed to commencing fulfillment of the agreement before the end of the cooling-off period;
b. he has not agreed that he will lose his right of withdrawal when giving his consent; or
c. ASEBA Europe has failed to confirm this end user statement.
8. If the end user makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9 - Obligations of ASEBA Europe upon withdrawal
1. If ASEBA Europe makes the notification of withdrawal by the end user electronically possible, it will immediately send an acknowledgment of receipt after receipt of this notification.
2. ASEBA Europe will reimburse all payments made by the end user, including any delivery costs charged by ASEBA Europe for the returned product, as soon as possible but in any case within 14 days following the day on which the end user notifies her of the withdrawal. Unless ASEBA Europe offers to collect the product itself, it may withhold reimbursement until it has received the product or until the end user proves that he has returned the product, whichever is the earlier. ASEBA Europe will not reimburse the delivery costs if the end user returns only part of the delivered products.
3. ASEBA Europe uses the same payment method used by the end user for reimbursement, unless the end user agrees to another method. The refund is free of charge for the end user.
4. If the end user has opted for a more expensive method of delivery than the cheapest standard delivery, ASEBA Europe does not have to reimburse the additional costs for the more expensive method.
Article 10 - Exclusion right of withdrawal
ASEBA Europe excludes the following products and services from the right of withdrawal, but only if ASEBA Europe has clearly stated this in the offer, at least in time for the conclusion of the agreement: mention:
1. Services after full performance of the service, but only if: a. performance has begun with the express prior consent of the end user; and B. the end user has declared that he loses his right of withdrawal as soon as ASEBA Europe has fully performed the agreement;
2. The delivery of software other than on a tangible medium, but only if:
a. the performance has begun with the express prior consent of the end user; and
b. the end user has declared that he thereby loses his right of withdrawal.
3. Products manufactured according to end-user specifications, which are manufactured on the basis of an individual end-user choice or decision, or which are clearly intended for a specific person;
4. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery.
Article 11 - The price
1. ASEBA Europe determines the prices of the products, software and/or services offered and is entitled to change the prices of the offer until the end user has accepted the offer.
2. During the period of validity stated in the offer, the prices of the products, software and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
3. In the case of continuing performance contracts, price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
4. For continuing performance agreements, price increases from 3 months after the conclusion of the agreement are only permitted if ASEBA Europe has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the end user has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
4. The prices stated in the offer of products, software or services include VAT.
Article 12 - Compliance with the agreement and extra guarantee
1. ASEBA Europe guarantees that the products, software and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations. Only if this has been agreed, ASEBA Europe also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by ASEBA Europe, its supplier, manufacturer or importer never limits the legal rights and claims that the end user has against ASEBA Europe on the basis of the agreement if ASEBA Europe has failed to fulfill its part of the agreement.
3. An additional warranty is understood to mean any obligation of ASEBA Europe, its supplier, importer or producer in which it assigns certain rights or claims to the end user that go beyond what it is legally obliged to do in the event that it has failed to fulfill its part of the agreement.
Article 13 - Delivery and performance
1. ASEBA Europe will exercise the greatest possible care when receiving and executing orders for products and software and when assessing applications for the provision of services.
2. The place of delivery is the address that the end user has made known to ASEBA Europe.
3. ASEBA Europe will execute accepted orders expeditiously but at the latest within 5 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot or only partially be executed, the end user will be notified of this no later than 5 days after placing the order. In that case, the end user has the right to dissolve the agreement free of charge.
4. After dissolution in accordance with the previous paragraph, ASEBA Europe will refund the amount paid by the end user as soon as possible.
5. The risk of damage and/or loss of products rests with ASEBA Europe until the moment of delivery to the end user or a representative designated in advance and made known to ASEBA Europe, unless expressly agreed otherwise. If such a situation occurs, the end user will comply with the procedure prescribed by ASEBA Europe.
Article 14 - Continuing performance contracts: duration, termination and extension
Cancellation:
1. The end user can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products, software or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
2. The end user can enter into an agreement that has been entered into for a definite period and that extends to the regular delivery of products, software or services, at any time before the end of the fixed term with due observance of the agreed cancellation rules and a notice period of no more than one month.
3. The end user can use the agreements referred to in the previous paragraphs:
cancel at any time and not be limited to cancellation at a specific time or in a specific period;
b. in any case cancel in the same way as in which he entered into the agreements;
c. always cancel with the same notice period as ASEBA Europe has stipulated for itself.
Extension:
4. An agreement that has been entered into for a definite period and that extends to the regular delivery of products, software or services may not be tacitly extended or renewed for a fixed term.
5. An agreement that has been entered into for a definite period and that extends to the regular delivery of products, software or services may only be tacitly extended for an indefinite period if the end user may cancel at any time with a notice period of no more than one month.
Expensive:
6. If an agreement has a duration of more than one year, the end user may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term. to postpone.
Article 15 - Payment
1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the end user must be paid immediately upon entering into the agreement.
2. When selling products to the end user, the end user may never be obliged to pay more than 50% in advance in the general terms and conditions. When advance payment has been agreed, the end user cannot assert any right to the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The end user has the obligation to immediately report inaccuracies in payment details provided or stated to ASEBA Europe.
4. If the end user does not meet his payment obligation(s) in time, he will be informed by ASEBA Europe of the late payment and he will be given a period of 14 days to still meet his payment obligations. If payment is not made within this 14-day period, the end user will owe statutory interest on the amount still due and ASEBA Europe will be entitled to charge the extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500.= and 5% on the next € 5,000.= with a minimum of € 40.=. ASEBA Europe may deviate from the stated amounts and percentages in favor of the end user.
Article 16 – Liability
1. ASEBA Europe is liable for damage caused by a shortcoming attributable to ASEBA Europe in the fulfillment of an obligation resting on it under the agreement.
2. The total liability of ASEBA Europe per claim shall not exceed the value of the purchased product, software, service or contract value of the service.
3. ASEBA Europe is not liable for consequential damage, including but not limited to, trading loss and/or damage due to business interruption, lost profit, lost savings, reduced goodwill or loss of management time.
4. ASEBA Europe is also not liable for damage suffered by the end user in the following cases:
• damage that is (partly) the result of the failure of the end user, including the provision of incorrect or incomplete information;
• loss or corruption of data (and any resulting loss of usability or value);
• any form of damage caused by products and/or software made available free of charge by ASEBA Europe, whether or not for demonstration or testing purposes;
• usual and expected wear and/or deterioration of the purchased product;
• any form of damage due to non-activation / late activation of license codes / download links.
5. The limitations and exclusions of liability of ASEBA Europe described above under 16.2 to 16.4 do not apply if the damage is caused by intentional or willfully reckless acts of ASEBA Europe or its subordinates and auxiliary persons.
6. Without prejudice to the other provisions of this agreement, ASEBA Europe is not obliged to pay compensation for damage if this damage has not been reported to ASEBA Europe in writing within a reasonable period after the moment it was discovered or should reasonably have been discovered.
7. End user indemnifies ASEBA Europe against all direct and indirect damage that ASEBA Europe suffers as a result of the unlawful improper use of products, services or software by the end user.
Article 17 - Complaints procedure
1. ASEBA Europe has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. The end user must submit complaints about the performance of the agreement to ASEBA Europe, fully and clearly described, as soon as he has discovered the defects.
3.ASEBA Europe will answer the complaints submitted within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, ASEBA Europe will indicate this within the period of 14 days by means of an acknowledgment of receipt and an indication when the end user can expect a response.
4. The end user must give ASEBA Europe at least 4 weeks to resolve the complaint in mutual consultation.
Article 18 – Applicable law
Only Dutch law applies to agreements between ASEBA Europe and the end user to which these general terms and conditions apply.
Article 19 - Additional or deviating provisions
1. Additional or deviating provisions from these general terms and conditions may not be to the detriment of the end user and must be recorded in writing or in such a way that they can be stored by the end user in an accessible manner on a durable data carrier.
2. Terms and conditions of the end user do not apply to any agreement between ASEBA Europe and the end user.