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Terms and Conditions
GENERAL TERMS AND CONDITIONS
1. Aquablu B.V.: Aquablu B.V., established in Voorhout, Chamber of Commerce no. 27120461.
2. Customer: the person with whom Aquablu B.V. has entered into an agreement.
3. Parties: Aquablu B.V. and customer together.
4. Consumer: a customer who is an individual acting for private purposes.
1. These terms and conditions will apply to all quotations, offers, activities, orders,
agreements and deliveries of services or products by or on behalf of Aquablu B.V.
2. Parties can only deviate from these conditions if they have explicitly agreed upon in
3. The parties expressly exclude the applicability of supplementary and/or deviating general
terms and conditions of the customer or of third parties.
1. All prices used by Aquablu B.V. are in euros, are exclusive of VAT and exclusive of any
other costs such as administration costs, levies and travel-, shipping- or transport
expenses, unless expressly stated otherwise or agreed otherwise.
2. Aquablu B.V. is entitled to adjust all prices for its products or services, shown in its shop,
on its website or otherwise, at any time.
3. Increases in the cost prices of products or parts thereof, which Aquablu B.V. could not
foresee at the time of making an offer or the conclusion of the agreement, may give rise to
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 statutory regulation.
Samples / models
If the customer has received a sample or model of a product, he can not derive any rights from
this other than that it is an indication of the nature of the product, unless the parties have explici-
tly agreed that the products be supplied conform to the sample or model.
Consequences of late payment
1. If the customer does not pay within the agreed term, Aquablu B.V. is entitled to charge an
interest of 1% per month from the day the customer is in default, whereby a part of a
month is counted for a whole month.
2. When the customer is in default, he is also due to extrajudicial collection costs and may be
obliged to pay any compensation to Aquablu B.V.
3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial
4. If the customer does not pay on time, Aquablu B.V. may suspend its obligations until the
customer has met his payment obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of
the customer, the claims of Aquablu BV on the customer are immediately due and payable.
6. If the customer refuses to cooperate with the performance of the agreement by Aquablu
B.V., he is still obliged to pay the agreed price to Aquablu B.V.
Right of recovery of goods
1. As soon as the customer is in default, Aquablu B.V. is entitled to invoke the right of
recovery with regard to the unpaid products delivered to the customer.
2. Aquablu B.V. invokes the right of recovery by means of a written or electronic
3. As soon as the customer has been informed of the claimed right of recovery, the customer
must immediately return the products concerned to Aquablu B.V., unless the parties agree
to make other arrangements about this.
4. The costs for the collection or return of the products are at the expense of the customer.
Right of cancellation
1. A consumer may cancel an online purchase during a cooling-off period of 14 days without
giving any reason, provided that
• the product has not been used
• it is not a product that can spoil quickly, like filters or membranes
• the product is not specially tailored for the consumer or adapted to its special
• it is not a product that may not be returned for hygienic reasons
• the seal is still intact, when the product is a data carrier with digital content
(DVDs, CDs, etc.)
• the purchase does not concern an (assignment to) urgent repair
• the consumer has not renounced his right of cancellation
2. The reflection period of 14 days as referred to in paragraph 1 commences:
o on the day after the consumer has received the last product or part of 1 order
o as soon as the consumer has received the first the product of a subscription
o as soon as the consumer has purchased a service for the first time
o as soon as the consumer has confirmed the purchase of digital content via the
3. The consumer can notify his right of cancellation via [email protected], if desired by
using the withdrawal form that can be downloaded via the website of Aquablu B.V.,
4. The consumer is obliged to return the product to Aquablu B.V. within 14 days after the
notification of his right of cancellation, after which period his right of cancellation will
5. The costs for return are due Aquablu B.V. if the complete order is returned.
6. If the purchase costs and any other costs (such as shipping and return costs) are eligible
for reimbursement according to the law, Aquablu B.V. will refund these costs to the
consumer within 14 days of receipt of the timely appeal to the right of withdrawal,
provided that the consumer has returned the product to Aquablu B.V. in time.
Suspension of obligations by the customer
The customer waives the right to suspend the fulfillment of any obligation arising from this
Right of retention
1. Aquablu B.V. can appeal to his right of retention of title and in that case retain the
products sold by Aquablu B.V. to the customer until the customer has paid all outstanding
invoices with regard to Aquablu B.V., unless the customer has provided sufficient security
for these payments.
2. The right of retention of title also applies on the basis of previous agreements from which
the customer still owes payments to Aquablu B.V.
3. Aquablu B.V. is never liable for any damage that the customer may suffer as a result of
using his right of retention of title.
The customer waives his right to settle any debt to Aquablu B.V. with any claim on Aquablu B.V.
Retention of title
1. Aquablu B.V. remains the owner of all delivered products until the customer has fully
complied with all its payment obligations with regard to Aquablu B.V. under whatever
agreement with Aquablu B.V. including of claims regarding the shortcomings in the
2. Until then, Aquablu B.V. can invoke its retention of title and take back the goods.
3. Before the property is transferred to the customer, the customer may not pledge, sell,
dispose of or otherwise encumber the products.
4. If Aquablu B.V. invokes its retention of title, the agreement will be dissolved and Aquablu
B.V. has the right to claim compensation, lost profits and interest.
1. Delivery takes place while stocks last.
2. Delivery takes place at Aquablu B.V. unless the parties have agreed upon otherwise.
3. Delivery of products ordered online takes place at the address indicated by the customer.
4. If the agreed price is not paid on time, Aquablu B.V. has the right to suspend its obligations
until the agreed price is fully paid.
5. In the event of late payment, the customer is automatically in default, and hereby he can
not object to late delivery by Aquablu B.V.
1. Any delivery period specified by Aquablu B.V. is indicative and does not give the customer
the right to dissolution or compensation if this period is not met with, unless the parties
have expressly agreed otherwise in writing.
2. The delivery starts once the customer has fully completed the (electronic) ordering
process and received an (electronic) confirmation of his order from Aquablu B.V.
3. Exceeding the specified delivery period does not entitle the customer to compensation
or the right to terminate the contract, unless Aquablu B.V. cannot deliver within [number
of days late] or if the parties have agreed upon otherwise.
The customer must ensure that the actual delivery of the products ordered by him can take place
Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.
Packaging and shipping
1. If the package of a delivered product is opened or damaged, the customer must have a
note drawn up by the forwarder or delivery person before receiving the product. In the
absence of which Aquablu B.V. may not be held liable for any damage.
2. If the customer himself takes care of the transport of a product, he must report any visible
damage to products or the packaging prior to the transport to Aquablu B.V., failing which
Aquablu B.V. cannot be held liable for any damage.
1. If the customer orders products later than the agreed delivery date, the risk of any quality
loss is entirely for the customer.
2. Any extra costs as a result of premature or late purchase of products are entirely at the
1. The warranty relating to products only applies to defects caused by faulty manufacture,
construction or material.
2. The warranty does not apply in the event of normal wear and tear and damage resulting
from accidents, changes made to the product, negligence or improper use by the
customer, or when the cause of the defect can not clearly be established.
3. The risk of loss, damage or theft of the products that are the subject of an agreement
between the parties, will pass on to the customer when these products are legally and/or
factually delivered, at least are in the power of the customer or of a third party who
receives the product for the benefit of the customer.
The customer indemnifies Aquablu B.V. against all third-party claims that are related to the
products and/or services supplied by Aquablu B.V.
1. The customer must examine a product or service provided by Aquablu B.V. as soon as
possible for possible shortcomings.
2. If a delivered product or service does not comply with what the customer could
reasonably expect from the agreement, the customer must inform Aquablu B.V. of this as
soon as possible, but in any case, within 1 month after the discovery of the shortcomings.
3. Consumers must inform Aquablu B.V. of this within two months after detection of the
4. The customer gives a detailed description as possible of the shortcomings, so that
Aquablu B.V. is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the
6. If a complaint relates to ongoing work, this can in any case not lead to Aquablu B.V. being
forced to perform other work than has been agreed.
1. The customer must provide any notice of default to Aquablu B.V. in writing.
2. It is the responsibility of the customer that a notice of default actually reaches Aquablu
B.V. (in time).
Joint and several Client liabilities
If Aquablu B.V. enters into an agreement with several customers, each of them shall be jointly and
severally liable for the full amounts due to Aquablu B.V. under that agreement.
Liability of Aquablu B.V.
1. Aquablu B.V. is only liable for any damage the customer suffers if and insofar as this
damage is caused by intent or gross negligence.
2. If Aquablu B.V. is liable for any damage, it is only liable for direct damages that results
from or is related to the execution of an agreement.
3. Aquablu B.V. is never liable for indirect damages, such as consequential loss, lost profit,
lost savings or damage to third parties.
4. If Aquablu B.V. is liable, its liability is limited to the amount paid by a closed (professional)
liability insurance and in the absence of (full) payment by an insurance company of the
damages the amount of the liability is limited to the (part of the) invoice to which the
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only
indicative and are only approximate and can not lead to any compensation and/or (partial)
dissolution of the agreement and/or suspension of any obligation.
Every right of the customer to compensation from Aquablu B.V. shall, in any case, expire within 12
months after the event from which the liability arises directly or indirectly. This does not exclude
the provisions in article 6:89 of the Dutch Civil Code.
1. The customer has the right to dissolve the agreement if Aquablu B.V. imputably fails in the
fulfillment of his obligations, unless this shortcoming does not justify termination due to
its special nature or because it is of minor significance.
2. If the fulfillment of the obligations by Aquablu B.V. is not permanent or temporarily
impossible, dissolution can only take place after Aquablu B.V. is in default.
3. Aquablu B.V. has the right to dissolve the agreement with the customer, if the customer
does not fully or timely fulfill his obligations under the agreement, or if circumstances
give Aquablu B.V. good grounds to fear that the customer will not be able to fulfill his
1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Aquablu
B.V. in the fulfillment of any obligation to the customer cannot be attributed to Aquablu
B.V. in any situation independent of the will of Aquablu B.V., when the fulfillment of its
obligations towards the customer is prevented in whole or in part or when the fulfillment
of its obligations cannot reasonably be required from Aquablu B.V. .
2. The force majeure situation referred to in paragraph 1 is also applicable - but not limited
to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.);
defaults and force majeure of suppliers, deliverymen or other third parties; unexpected
disturbances of power, electricity, internet, computer or telecoms; computer viruses,
strikes, government measures, unforeseen transport problems, bad weather conditions
and work stoppages.
3. If a situation of force majeure arises as a result of which Aquablu B.V. cannot fulfill one or
more obligations towards the customer, these obligations will be suspended until Aquablu
B.V. can comply with it.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both
parties may dissolve the agreement in writing in whole or in part.
5. Aquablu B.V. does not owe any (damage) compensation in a situation of force majeure,
even if it has obtained any advantages as a result of the force majeure situation.
Modification of the agreement
If, after the conclusion of the agreement and before its implementation, it appears necessary to
change or supplement its contents, the parties shall timely and in mutual consultation adjust the
Changes in the general terms and conditions
1. Aquablu B.V. is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Major changes in content will be discussed by Aquablu B.V. with the customer in advance
as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to
the general terms and conditions.
Transfer of rights
1. The customer can not transfer its rights deferring from an agreement with Aquablu B.V. to
third parties without the prior written consent of Aquablu B.V.
2. This provision applies as a clause with a property law effect as referred to in Section 3:83
(2) Dutch Civil Code.
Consequences of nullity or annullability
1. If one or more provisions of these general terms and conditions prove null or annullable,
this will not affect the other provisions of these terms and conditions.
2. A provision that is null or annullable shall, in that case, be replaced by a provision that
comes closest to what Aquablu B.V. had in mind when drafting the conditions on that
Applicable law and competent court
1. Dutch law is exclusively applicable to all agreements between the parties.
2. The Dutch court in the district where Aquablu B.V. is established is exclusively competent
in case of any disputes between parties, unless the law prescribes otherwise.
Drawn up on 10 February 2020.