Terms and conditions

Please note: ordering for business purposes? Then these general B2B terms and conditions apply.

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
3. Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication;
4. Means of distance communication: a means that can be used for concluding an agreement without the consumer and the entrepreneur being in the same room at the same time;
5. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
7. Day: calendar day;
8. Continuing performance contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
9. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.

Article 2 - Identity of the entrepreneur

Parts United Home Products (Apache4all.com)
Hoorn 159
2404HH, Alphen aan den Rijn
Nederland

Chamber of Commerce number: 64977781
VAT number: NL855931061B01

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.
4. In the event that specific product or service terms and conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly and the consumer may always invoke the applicable provision that is most favourable to them in the event of conflicting general terms and conditions.

Article 4 - The offer

1. If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
   • the price including taxes;
   • any delivery costs;
   • the manner in which the agreement will be concluded and what actions are required for this;
   • whether or not the right of withdrawal applies;
   • the method of payment, delivery or performance of the agreement;
   • the deadline for accepting the offer, or the period within which the entrepreneur guarantees the price;
   • the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the basic rate;
   • if the agreement is archived after its conclusion, the manner in which it can be consulted by the consumer;
   • the manner in which the consumer can become aware of actions they did not wish to take before concluding the agreement, as well as the manner in which they can rectify these before the agreement is concluded;
   • any languages in which, in addition to Dutch, the agreement can be concluded;
   • the codes of conduct to which the entrepreneur has committed and the manner in which the consumer can consult these codes of conduct electronically; and
   • the minimum duration of the distance contract in the case of an agreement involving ongoing or periodic delivery of products or services.

Article 5 - The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and the conditions set therein are met.
2. If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a safe web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
4. The entrepreneur may, within legal frameworks, ascertain whether the consumer can meet their payment obligations, as well as all those facts and factors that are relevant to a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to its execution.
5. The entrepreneur shall send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
   a) the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
   b) the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
   c) information about existing after-sales service and guarantees;
   d) the data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the 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 indefinite duration.
   
6. If the entrepreneur has committed to delivering a series of products or services, the provision in the previous paragraph shall only apply to the first delivery.

Article 6a - Right of withdrawal for delivery of products

1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for a period of 14 working days. This period starts on the day after receipt of the product by or on behalf of the consumer.
2. During this period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they shall return the product with all accessories supplied and, if reasonably possible, in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

Article 6b - Right of withdrawal for delivery of services

1. When services are delivered, the consumer has the option to dissolve the agreement without giving reasons for a period of 14 working days, starting on the day the agreement was entered into.
2. To exercise their right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 - Costs in case of withdrawal

1. If the consumer exercises their right of withdrawal, at most the costs of return shipping shall be borne by them.
2. If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the return or withdrawal.

Article 8 - Exclusion of the right of withdrawal

1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
   a) that have been produced by the entrepreneur in accordance with the consumer's specifications;
   b) that are clearly personal in nature;
   c) that by their nature cannot be returned;
   d) that can spoil or age quickly;
   e) whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
   f) for individual newspapers and magazines;
   g) for audio and video recordings and computer software of which the consumer has broken the seal.
   
3. Exclusion of the right of withdrawal is only possible for services:
   a) relating to accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
   b) the delivery of which has begun with the express consent of the consumer before the cooling-off period has expired;
   c) relating to bets and lotteries.
   

Article 9 - The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are guide prices shall be stated in the offer.
3. Price increases within 3 months of the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
   a) they are the result of statutory regulations or provisions; or
   b) the consumer has the authority to terminate the agreement on the day the price increase takes effect.
   
5. The prices stated in the offer of products or services include VAT.

Article 10 - Conformity and Guarantee

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement.
2. A guarantee arrangement offered by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer can assert against the entrepreneur on the basis of the law and/or the distance contract in respect of a failure by the entrepreneur to fulfil their obligations.

Article 11 - Delivery and performance

1. The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery shall be the address that the consumer has made known to the company.
3. Subject to what is stated in article 4 of these general terms and conditions, the company shall execute accepted orders with due speed but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer shall be notified of this no later than one month after placing the order. In that case, the consumer has the right to dissolve the agreement at no cost and the right to any compensation.
4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
5. If delivery of an ordered product proves to be impossible, the entrepreneur shall endeavour to make a replacement product available. At the latest upon delivery, it shall be clearly and comprehensibly stated that a replacement product is being delivered. The right of withdrawal cannot be excluded for replacement products. The costs of return shipping shall be borne by the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.

Article 12 - Continuing performance contracts

1. The consumer may terminate an agreement that has been entered into for an indefinite period at any time, subject to the agreed termination rules and a notice period of no more than one month.
2. An agreement that has been entered into for a definite period has a maximum duration of two years. If it has been agreed that the distance contract will be extended in the event of the consumer's silence, the agreement shall be continued as an agreement for an indefinite period and the notice period after continuation of the agreement shall be no more than one month.

Article 13a - Payment

1. Unless otherwise agreed at a later date, the amounts owed by the consumer must be paid within fourteen days after delivery of the goods or, in the case of an agreement to provide a service, within 14 days after the issuance of the documents relating to this agreement.
2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to statutory limitations, to charge the reasonable costs made known to the consumer in advance.

Article 13b - Deferred payment via Billink

1. The personal data and/or company data you provide to Apache4all.com in connection with an order using deferred payment will be used by us - or by third parties to whom the claims are assigned (transferred) - for, among other things:
   a) risk analysis and credit checks to prevent over-crediting;
   b) the correct handling of communication, administration, customer relationship management, invoicing and collection of claims arising from the deferred payment service;
   c) the prevention, detection and combating of fraud or irregularities;
   d) contacting you for (direct) marketing purposes provided this is done within the framework of the General Data Protection Regulation. For a complete overview of the processing that takes place with deferred payment, we refer you to the Privacy Statement of the provider you have chosen.
2. If you choose deferred payment, you must pay the amount to Billink B.V. (hereinafter: 'Billink') within the specified payment term. All rights under the claim have been transferred by us to Billink, who will handle the collection of the claim. Your data will be checked and registered by or on behalf of Billink; this data may be used for, among other things, the collection of outstanding claims, marketing purposes, data verification and the assessment of orders in the implementation of the acceptance policy of organisations and/or clients affiliated with Billink. Billink reserves the right to refuse the customer's request for payment on account. The payment term used is a strict deadline. In the event of late payment, the customer is therefore in default without notice and Billink is entitled to charge statutory commercial interest monthly (whereby a part of a month is considered a full month) from the due date of the invoice. Billink is furthermore entitled to charge extrajudicial collection costs to the customer in accordance with the law. In the case of business customers, Billink is also entitled to charge reminder and demand costs to the customer, without prejudice to Billink's right to charge the actual costs incurred to the customer if these exceed the amount thus calculated. These costs amount to at least 15% of the principal sum with a minimum of 40 euros for consumers and 75 euros for businesses. Billink is also entitled to transfer the claim to a third party. What has been stipulated above with regard to Billink shall in that case also apply to the third party to whom the claim has been transferred.
   
   
3. For Belgian customers:
   Non-payment of the invoice on the due date leads to the initiation of internal and external reminder procedures. By operation of law and without notice of default, a fixed administrative cost of EUR 12.50 will be charged per internal reminder sent by Billink. As soon as Billink is obliged to transfer the claim to a specialised collection agency due to continued non-payment, the claim will also be increased by a fixed penalty clause for non-payment of 20% with a minimum of EUR 10 as well as default interest at the rate of 12% per year, calculated on the invoice amount from the date the invoice was sent. The costs associated with this transfer of file as well as the remuneration for the collection of the amounts owed are fixed at EUR 35.00 and remain entirely at your expense, without prejudice to the costs described above for internal reminders, fixed penalty clause and default interest. The courts of the judicial district of Antwerp have sole jurisdiction to settle disputes regarding payment or the performance of our deliveries.

Article 14 - Complaints procedure

1. The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.

Article 15 - Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and 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.

Parts United Home Products
(Apache4all.com)

Postal address:
Postbus 395
2400 AJ, Alphen aan den Rijn
Nederland

Visit address:
Hoorn 159
2404HH, Alphen aan den Rijn
Nederland

Chamber of Commerce number: 64977781
VAT number: NL855931061B01

Phone: +31 88 844 02 96
Email: contact@apache4all.com