Article 1 – Definitions
AAWireless: a trade name of CP & EB IT V.O.F., a general partnership, registered in the trade register of the Dutch Chamber of Commerce under number 78766362, with its registered office in (9723 ZA) Groningen at Helperpark 284-1;
The Customer: the (natural) person who has entered into a Distance Agreement with AAWireless via www.aawireless.io;
Distance Agreement: the agreement entered into between the Customer and AAWireless in relation to the system for the sale of products and/or digital content via www.aawireless.io, whereby, exclusively or partly, one or more remote communication techniques are used for the conclusion of the agreement;
Digital Content: data or support applications which are produced and delivered in a digital form;
Day: calendar day;
Reflection Period: the period in which the Customer can make use of his Right of Withdrawal;
Right of Withdrawal: the option of the Customer to rescind the Distance Agreement within the Reflection Period;
Durable Data Carrier: resources – including e-mail – which can be used by either the Customer or AAWireless to store information personally addressed to them in a way that allows future consultation or use in a period that is tailored to the purpose of the information;
Article 2 – Applicability of Terms and Conditions
1. These general terms and conditions apply to all Distance Agreements entered into by AAWireless with the Customer.
2. Before entering into a Distance Agreement, the text of these general terms and conditions is made available to the Customer electronically in such a way that the Customer can easily store the general terms and conditions on a Durable Data Carrier. If - for example due to (temporary) technical reasons - prior to entering into the Distance Agreement it is not possible to make the general terms and conditions available to the Customer, the Customer will be informed prior to entering into the Distance Agreement that at the Customer’s request the general terms and conditions can be sent by electronic means or otherwise free of charge.
Article 3 – Offer and acceptance
1. AAWireless's offer contains a full description of the product and/or Digital Content offered. Obvious mistakes or errors in AAWireless's offer do not bind AAWireless.
2. The agreement is concluded when the customer accepts the offer and meets the conditions set by AAWireless. AAWireless confirms receipt of the offer as soon as possible after receipt thereof.
3. AAWireless is entitled, within the framework of the applicable legal provisions, to be informed whether the Customer can meet the payment obligations as well as other factors that are important for the responsible conclusion of a Distance Agreement. If, on the basis of its investigation, AAWireless has good reasons not to enter into a Distance Agreement, AAWireless is entitled to refuse an order or to apply special conditions to the execution.
4. When delivering the product and/or the Digital Content to the Customer, AAWireless will send the following information in writing or in a way that it can be easily stored on a Durable Data Carrier:
I. contact details of the customer service where the Customer can submit questions and complaints;
II. the conditions on the basis of which the Customer can make use of his Right of Withdrawal;
III. warranty and post-purchase services information;
IV. the product price including all taxes and the costs of its delivery and the method of payment;
V. the model form for the Right of Withdrawal can be requested by sending an email to email@example.com.
Article 4 – Rescission (returns)
1. The Customer can rescind a Distance Agreement during a Reflection Period of 14 days without stating any reasons. AAWireless will request the Customer what the reason for the withdrawal is, but the Customer is not required to state his reason(s).
2. The Reflection Period referred to in paragraph 1 of this article commences on the day the Customer or a third party designated by the Customer has received the product. If the Customer has ordered more than one product in one order, the Reflection Period commences on the day after the day the Customer received the last product.
3. The Customer pays the return costs unless AAWireless confirms by email that it will bear the return costs.
Article 5 – Customer obligations (during the Reflection Period)
1. During the Reflection Period the Customer is required to handle the product and/or Digital Content carefully. The Customer shall only remove the product from its packaging carefully and without unnecessarily damaging the packaging or use it in a way that is necessary to establish the characteristics and operation of the product. As a general principle, the Customer may only handle or inspect the product in the same way as the Customer would be entitled to do so in a store.
2. The Customer is liable for the depreciation of the product if the way of handling the product is different or extends beyond the way as described in paragraph 1 of this article.
3. If the Customer cannot return the product in the original packaging, the Customer is no longer entitled to make use of the Right of Withdrawal as described in article 4 of these general terms and conditions.
Article 6 – Customer obligations when invoking the Right of Withdrawal (returns) and the associated costs
1. If the Customer wishes to make use of his Right of Withdrawal, he must notify AAWireless within the Reflection Period by filling in the model form or by informing AAWireless by e-mail.
2. After the notification referred to in paragraph 1 of this article, the Customer returns the product to AAWireless as soon as possible, but in any event within 14 days after the day of the notification referred to in paragraph 1 of this article.
3. The Customer returns the product to AAWireless, as much as possible in its original condition and packaging, including all other accessories supplied, in accordance with the instructions included by AAWireless in the model form.
4. The risk and the burden of proof for exercising the Right of Withdrawal correctly and timely lies with the Customer.
5. The Customer bears all costs for returning the product, including the legally applicable duties and taxes (if applicable).
Article 7 – AAWireless’s obligations in case of rescission (returns)
1. AAWireless will make a full return payment to the Customer as soon as possible, but in any event within 14 days following the day on which the Customer notified the Right of Withdrawal.
2. For reimbursement, AAWireless uses the same payment method which the Customer used for payment.
Article 8 – The price
1. AAWireless specifies in its offer the period during which the prices of the offered products apply. These prices will not be increased during the indicated period, unless AAWireless is forced to do so due to changes in the VAT rates.
2. If AAWireless‘s products are subject to developments and fluctuations on international (financial) markets, AAWireless may offer products at variable prices. If such fluctuations occur, AAWireless will set a target price in its offer and include in its offer that this price may change.
Article 9 – Conformity and service
1. AAWireless guarantees that its products comply with the contents of the Distance Agreement, the specifications in the offer and the reasonable requirements that the Customer may expect from the product. AAWireless also guarantees that its products are suitable for normal and responsible use in accordance with the manner described in the supplementary user guide.
2. If one of AAWireless's products does not meet the requirements as described in paragraph 1 of this article, AAWireless will comply with the statutory warranty obligations applicable under Dutch law.
3. If, after delivery of a product, it appears that the product does not meet the requirements as described in paragraph 1 of this article, AAWireless will provide (digital) guidance to the Customer within the applicable warranty periods to get the product working and, if that is not possible, send a new product free of charge once.
4. If the Customer has questions or complaints, the Customer will be able to contact AAWireless via the email address firstname.lastname@example.org or via the chat box in the service portal at www.aawireless.io. Complaints or questions will be handled within 14 days after receipt. AAWireless will do it’s best to find a find a suitable solution. If a complaint or question requires a longer processing time, AAWireless will inform the Customer as soon as possible.
Article 10 – Delivery and payment
1. The address notified to AAWireless by the Customer will be the place of delivery.
2.AAWireless will execute confirmed orders within 30 days and ensure that these orders are delivered. If delivery is delayed or an order cannot be executed within this period, AAWireless will inform the Customer within 30 days after the order has been placed. In that case, the Customer has the right to rescind the Distance Agreement.
3. If (international) developments require this, AAWireless may agree on different delivery terms with the Customer. AAWireless shall inform the Customer about this when making the offer. If a longer delivery time is agreed, the Customer cannot invoke the provisions of paragraph 2 of this article. In the event of a deviating delivery term, the customer's Right of Withdrawal is equal to the duration of the deviating delivery term.
4. The costs for the shipment and delivery of the product are (in principle) charged to the Customer by AAWireless.
5. The Customer must, in principle, pay the product and the costs for its delivery via credit card or via a method of digital bank transfer offered in the webshop, in principle when placing the order and no later than within 14 days after the commencement of the Reflection Period.
6. If the Customer does not meet his payment obligation, as described in paragraph 2 of this article, AAWireless will point this out to the Customer, after which the Customer will be given another period of 14 days to make the payment. If payment is not made after this term, the Customer is liable for paying statutory interest to AAWireless and AAWireless will charge the Customer debt collection costs. These debt collection costs amount to 15% on outstanding amounts up to EUR 2,500.-.
Article 11 – privacy
1. AAWireless will handle the Customer's personal data with care in accordance with the privacy statement as published via www.aawireless.io.
2. Personal data is processed in accordance with the General Data Protection Regulation (GDPR).
3. AAWireless only provides personal data to parties that contribute to the conclusion and/or execution of the Distance Agreement. AAWireless does not provide personal data to third parties for any other reasons, unless it is compelled to do so by law or a court decision.
4. The Customer has the right to view or correct his personal data or ‘to be forgotten’. Such request must be submitted electronically to AAWireless in accordance with the manner set out in the privacy statement. Such request will be processed as soon as possible, but no later than six weeks after submission.
Article 12 – Intellectual property rights
1. All intellectual property rights, including database rights, techniques used, software and trademark rights connected to the products supplied by AAWireless are vested in AAWireless. Nothing of the products and/or parts thereof supplied by AAWireless may be reproduced by the Customer, stored in an automated data file and/or made public in any way whatsoever, unless AAWireless has given written permission for this.
Article 13 – Disputes and applicable law
1. Dutch law is exclusively applicable to Distance Agreements between AAWireless and the Customer.
2. Disputes between the Customer and AAWireless about the formation or the execution of the Distance Agreement will be submitted exclusively to the Amsterdam District Court in the Netherlands and only (insofar as it concerns a claim made by the Customer against AAWireless) after a complaint has been handled on the basis of the complaints procedure as described in Article 9 paragraph 4 of this Agreement.
3. These terms and conditions are available in several languages. If the interpretation of (parts of) the general terms and conditions’ translations do not correspond, the terminology used in the Dutch version of these general terms and conditions will prevail.
4. If one or more provisions of these general terms and conditions and/or of a Distance Agreement are deemed to be in conflict with provisions of mandatory law, that provision will be invalid and will be replaced by a legally permissible provision that corresponds as much as possible to the invalid provision. The invalidity of the provision does not affect the applicability of the other provisions in the Distance Agreement or these general terms and conditions.
© AAWireless, version May 2022