General Sales Conditions of Atami Lifestyle Webshop
d.d.7 March 2017
deposited at the Court of Oost-Brabant under number _______
Article 1 – Scope
1.1 These Sales Conditions apply exclusively to all offers from and orders made to Atami B.V. (hereafter referred to as “Atami”) through the Lifestyle Webshop, up to the sale and delivery of products by Atami, including all related services (hereafter referred to as “Items”) and to all remote agreements between Atami and a consumer (i.e. a natural person who is not acting in a business or professional capacity) through the Lifestyle Webshop.
1.2 Any change or addition to these General Sales Conditions shall only be valid if this was agreed explicitly in writing.
Article 2 – Offers, Orders, Conclusion of the Agreement
2.1 All Atami offers are non-binding and subject to change or annulment.
2.2 The agreement between Atami and the consumer comes into effect at the moment the consumer accepts the offer and when the applicable conditions are met.
2.3 If the consumer accepts the offer electronically, Atami will confirm receipt and acceptance of the offer immediately electronically. As long as Atami did not confirm acceptance, the consumer may dissolve the agreement.
Article 3 – Reflection Period and Right of Withdrawal
3.1 The consumer is entitled to dissolve an agreement in relation to the purchase of a product during a reflection period of 14 days without having to state any reasons.
3.2 The reflection time in paragraph 1 comes into effect on the day after which the consumer, or third party appointed by the consumer who is not the transporter, has received the product.
3.3 If Atami did not provide the legal information on the withdrawal right or revocation sample form, the reflection period shall end 12 months after the end of the original reflection time in accordance with the previous paragraphs.
3.4 If Atami provided the information stipulated in the previous paragraph to the consumer within 12 months after the start date of the original reflection time, the reflection time shall expire 14 days after the day on which the consumer received the information.
3.5 The consumer shall handle the product and packaging carefully during the reflection period. The consumer shall only unwrap the product insofar it is necessary to assess whether they want to keep the product or not.
3.6 If the consumer decides to use their right of withdrawal, they shall report this within the reflection period by means of the revocation sample form or in any other unambiguous manner to Atami.
3.7 The consumer shall return the product as soon as possible but within 14 days starting on the day following the notification stipulated in paragraph 6.
3.8 The consumer shall return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in compliance with the reasonable and clear instructions of Atami.
3.9 The risk and burden of proof for the correct and timely performance of the right of withdrawal are for the consumer.
3.10 The consumer shall pay the costs for returning the product.
3.11 Atami shall compensate all payments of the consumer charged by Atami for the product returned on the basis of the right of withdrawal within 30 days following the day on which the consumer reports the withdrawal to Atami. Atami may wait to process the payment until it has received the product.
3.12 The consumer does not have a right of withdrawal for:
– products created according to consumer specifications, products that are not prefabricated and are produced on the basis of an individual choice or decision of the consumer, or that are clearly intended for a specific person;
– products that will spoil quickly or that have limited shelf-life;
– sealed products that following health or hygiene reasons are not suitable for return and of which the seal is broken;
– products that due to their nature have mixed irreversibly with other products after delivery.
Article 4 – Conformity, Permitted Usage and Indemnity
4.1 All Atami statements relating to figures, measures, weight and/or other indications in relation to items are created with the utmost care. Atami can, however, not guarantee that there will not be any deviations. Deviations common in the industry shall be permitted at any rate.
4.2 The consumer shall carefully follow the instructions and all legal stipulations regarding storage and the use of the items, as is mentioned in for example the documentation (including the information on the Atami, website www.lifestyle.atami.eu) and on the packaging.
4.3 The consumer guarantees and commits to follow all relevant legal stipulations and regulations when using the delivered items and to refrain from any improper, in this case illegal, use of the items.
4.4 If the consumer violates the second and third paragraph of this article, they shall indemnify Atami against all damages, fines and other third party claims resulting from the consumer’s actions violating the paragraphs referred to.
Article 5 – Price
5.1 The prices stated by Atami or prices agreed with Atami are inclusive of VAT.
5.2 During the validity period mentioned in the offer, the prices of the offered products shall not increase, save for price changes following a change in VAT rates.
Article 6 – Delivery (term), Purchase, Storage
6.1 The delivery location shall be the address the consumer provided to Atami.
6.2 Atami shall perform accepted orders with efficient expedition, yet no later than within 30 days unless another delivery term was agreed upon. If the delivery is delayed, or if a delivery cannot or can only be performed partially, the consumer will be informed no later than 30 days after they made the payment. The consumer is in that case entitled to end the agreement at no cost, and shall be entitled to possible compensation.
6.3 After dissolution of the agreement in accordance with the previous paragraph, Atami shall refund the amount paid by the consumer immediately.
6.4 The risk of damage and/or loss of products shall be for Atami until the product is delivered to the consumer or to a representative who was appointed beforehand and divulged to Atami, unless agreed explicitly otherwise.
6.5 The consumer shall purchase the products that are delivered within the delivery period.
Article 7 – Transfer of Ownership
All items delivered by Atami shall remain the property of Atami until the consumer has paid the amount of the applicable agreement and/or previous or later agreements of the same nature in full, including damages, costs and interest.
Article 8 – Intellectual and Industrial Property Rights
All intellectual and industrial property rights in relation to delivered goods and/or performed services and/or all related knowhow remain the property of Atami or third parties entitled thereto, and do not pass on to the consumer following the agreement with Atami, even if the items or related knowhow were designed, developed or composed specifically for the consumer.
Article 9 – Liability and Indemnity
9.1 Atami shall never be liable for indirect or immaterial damage, such as but not limited to consequential damage, unless the damage is caused on purpose or intentionally by one of the members of management.
9.2 Atami shall never be liable in the event the consumer did not use the items in accordance with the instructions in the associated documentation and on the packaging, or if the consumer used the items for improper or illegal purposes.
9.3 In all cases in which Atami shall be required to pay compensation, it shall never be higher than the amount received by its insurer in this regard, or – if the damages were not insured- no higher than the invoice amount of the applicable delivery, including VAT.
9.4 The consumer shall inform Atami in writing of any damages that occurred within 30 days after the consumer discovered the damages or could have reasonably discovered them. If Atami is not informed within the time period mentioned here above, Atami shall be absolved of any liability in relation to such damage.
9.5 If Atami is approached by a third party for compensation of damages for which it is not liable on the basis of the agreement, the consumer shall indemnify Atami.
Article 10 – Payment
10.1 Insofar it has not been agreed otherwise in the agreement or following additional conditions, the amounts owed by the consumer shall be paid within 14 days after the reflection period starts, or if there is no reflection period, within 14 days after the agreement was made.
10.2 The consumer shall report all inaccuracies in the provided or mentioned payment information immediately to Atami.
10.3 If the consumer does not fulfil their payment obligation(s) immediately, after Atami informed them of the late payment and Atami gave them an additional time period of 14 days to fulfil their payment obligations, after the payment was not fulfilled within the 14-day time period, the consumer shall owe the legal interest on the outstanding amount and Atami will be entitled to charge the extralegal collection costs. The collection costs amount to a maximum of 15% on the outstanding amounts up to € 2.500,=; 10% on the following € 2.500,= and 5% on the following € 5.000,= with a minimum € 40,=. Atami may decide not to adhere to these amounts and percentages for the benefit of the consumer.
Article 11 – Complaints
11.1 Atami has a sufficiently public complaint procedure, and shall threat complaints in compliance with the complaint procedure.
11.2 Complaints regarding the performance of the agreement shall be submitted to Atami within 30 days after the consumer discovered reasonable damage or reasonably could have discovered the damage, in full and with a clear description.
11.3 Complaints submitted to Atami will be answered within a time period of 14 days starting from the date of receipt. If a complaint requires a foreseeable longer processing time, Atami shall answer with a message of receipt and indication of when the consumer can expect an elaborate answer.
11.4 The consumer shall give Atami at any rate 4 weeks to solve the complaint in mutual consultation. After this time period a dispute arises that can be settled by a competent Dutch judge.
Article 12 – Other Stipulations, Applicable Law and Competent Judge
12.1 If one or more stipulations from these General Sales Conditions are not valid, or not deemed applicable by a judge, the other stipulations shall remain in effect without prejudice.
12.2 All agreements between Atami and the consumer and these General Sales Conditions are exclusively subject to Dutch law.
12.3 All disputes between parties resulting from or are otherwise related to any agreement and/or these General Sales Conditions shall only be settled by the competent judge in The Netherlands.