Aximo (Ecozz.store) is a Dutch website and is therefore subject to Dutch law.Upon request we can send you the Dutch terms and conditions. We have translated the terms and conditions into English for you.In the event of a contradiction between the translations of the text of the general terms and conditions, the text in Dutch always prevails.
TERMS OF SERVICE
Aximo is registered in the Netherlands with the Chamber of Commerce in Utrecht under number 73031453 (VAT number NL001904856B52) and has its registered office and business address in (3438JC) Nieuwegein at Govert Flinckhage 3 in the Netherlands.
Article 1. Applicability conditions1.1 These conditions apply to every offer and every agreement between Aximo and a buyer for whom Aximo has declared these conditions applicable, unless the parties have expressly deviated from these conditions in writing.1.2 The present conditions also apply to all agreements with Aximo, the implementation of which must involve third parties.1.3 Purchase and other conditions that the buyer declares applicable are only binding if they are expressly accepted by Aximo in writing.1.4 Should a provision of these conditions be inapplicable in the opinion of the competent court or contradict public order or public law, only the relevant provision can be considered null and void, the remaining conditions remain in force without restriction.
Article 2. Offers2.1 Offers from Aximo are non-binding and expire at the latest 30 days after the date of the offer.2.2 Deviating from the provisions of Section 6: 225 Para. 2 of the Dutch Civil Code, Aximo is not bound to deviations from Aximo's offer upon acceptance by the potential buyer.2.3 The delivery times and other conditions specified by Aximo in the Aximo offers are general and only informative. Exceeding does not entitle the potential buyer to compensation and is not a reason for termination.2.4 Aximo cannot be held to its offer if the buyer should have understood that the offer or part of it contained an obvious error or mistake.2.5 In the case of a composite price offer, there is no obligation to deliver part of the goods contained in the offer at a corresponding part of the stated price, nor does an offer automatically apply to repeat orders.2.6 Aximo is only bound to its offer if the buyer confirms its acceptance in writing within 30 days.
Article 3. Prices3.1 The prices stated by Aximo are in Euros without VAT, unless expressly stated otherwise.3.2 The prices stated by Aximo are based on the time of the offer or the order confirmation. Aximo reserves the right to pass on subsequent or increased taxes, import duties or other government levies as well as the consequences of exchange rate changes and changes in raw material prices to its buyers without the buyer being entitled to cancel the order.3.3 If the price increases by more than 10%, the buyer has the right to terminate the contract.
Article 4. Agreement4.1 An agreement with Aximo is only concluded after Aximo has accepted or confirmed an order in writing within 8 days of receipt. It is assumed that the order confirmation represents the agreement exactly and completely.4.2 Further or changed agreements and / or obligations that are entered into after the conclusion of the contract are only binding for Aximo if these agreements / obligations have been confirmed in writing.4.3 For services / deliveries for which no order confirmation is sent due to the type and / or size, the invoice is also a confirmation that the agreement is accurate and complete.4.4 No agreement is reached with Aximo if it is not ensured that the customer is sufficiently solvent. Aximo remains entitled to obtain information about the customer from relevant institutes.
Article 5. Delivery5.1 Unless otherwise agreed in writing, the minimum order quantity is € 100.00 excluding VAT.5.2 Free delivery to an address in The UK from an order amount of € 250.00 excluding VAT. Orders with multiple delivery addresses and / or an order volume below € 200.00 are increased by administrative and freight costs. These are € 12.00 for the UK. The cost of import, customs and other costs are not included, if applicable for shipping to the desired country.5.3 Aximo reserves the right to request advance payment or security for first or further deliveries in the event of doubts about the buyer's creditworthiness or for other business reasons and if the requested advance payment fails and / or the requested security is not fulfilled, Aximo can suspend deliveries or refuse.5.4 The buyer is obliged to accept the purchased goods at the time at which they are delivered to him or at the time at which they are made available to him in accordance with the contract.5.5 If the buyer refuses acceptance or acts carelessly by providing information or instructions that are necessary for the delivery, the goods are stored at the risk of the buyer. In this case, the buyer owes all additional costs, including storage costs.5.6 The delivered goods are made from the time of delivery at the expense and risk of the customer.
Article 6. Delivery period6.1 All delivery times specified by Aximo in offers, offers, confirmations and / or contracts are always approximate and never constitute an exclusion period.6.2 Under no circumstances will Aximo be liable for damage, costs or losses incurred by its buyers or third parties as a result of non-delivery or late delivery of products.6.3 In the event of late delivery, the buyer must therefore put Aximo in writing in default and allow Aximo a reasonable period to fulfill its obligations.
Article 7. Partial deliveries7.1 Aximo is entitled to deliver the sold goods in parts. This does not apply if a partial delivery has no independent value. If the goods are delivered in parts, Aximo is entitled to invoice each part separately.
Article 8. Technical requirements etc.8.1 If the goods to be delivered are to be used in the Netherlands outside of the Netherlands, Aximo is not responsible for the fact that the goods to be delivered comply with the technical requirements, standards and / or regulations that are governed by the laws or regulations of the country in which the goods are to be used. This does not apply if the use abroad is reported when the contract is concluded and all the necessary data and information has been provided.
Article 9. Termination of the contract9.1 A contract between Aximo and a buyer can be terminated immediately in the following cases:if Aximo becomes aware after the conclusion of the contract, which gives Aximo reason to fear that the buyer will not meet its obligations;if Aximo asked the buyer to provide security for the fulfillment when the contract was concluded and this security is not provided or is not sufficient despite being requested to do so.In the aforementioned cases, Aximo is entitled to suspend further execution of the contract or to terminate the contract, without prejudice to Aximo's right to claim damages.9.2 If circumstances arise in relation to persons and / or materials whose Aximo uses or usually uses to execute the contract, impair the execution of the contract in the sense that the execution of the contract becomes so impossible or inadmissible and / or If it becomes disproportionately expensive that compliance with the contract is no longer appropriate, Aximo is entitled to terminate the contract.
Article 10. Retention of title10.1 All delivered goods remain the property of Aximo until the entire amount owed has been paid in full.10.2 Goods delivered by Aximo that are subject to retention of title in accordance with paragraph 1 may only be resold in the normal course of business and never used as a means of payment.10.3 The buyer is not entitled to pledge the goods subject to retention of title or to otherwise encumber them.10.4 In all cases in which Aximo wishes to exercise its property rights, the buyer already gives Aximo or a third party to be designated by him to the unrestricted and irrevocable consent to enter all the places where the property of Aximo is located and there take goods with you.10.5 If third parties confiscate the goods delivered under retention of title or wish to establish or assert rights to them, the buyer is obliged to inform Aximo as soon as possible.
Article 11. Defects / complaint conditions11.1 The buyer must examine the objects of purchase upon delivery or as soon as possible afterwards. The buyer must check whether the delivered goods meet the agreement, namely:whether the correct goods have been delivered;whether the delivered goods correspond to the agreed quantity,whether the delivered goods meet the agreed quality requirements or, if these are missing, the requirements that can be made for normal use and / or commercial purposes.11.2 If visible defects or defects are found, the buyer must notify Aximo in writing within 8 days of delivery.11.3 The buyer must report hidden defects to Aximo in writing within 3 days of discovery, but no later than 3 months after delivery.11.4 Even if the counterparty complains in time, his payment and purchase obligations remain.11.5 Articles can only be returned to Aximo after prior written approval.11.6 Delivered and accepted products will not be taken back by Aximo. If and only in writing deviates from this provision, the products must be delivered carriage paid to the address specified by Aximo.
Article 12. Liability12.1 Aximo is not liable for the consequences of defects or malfunctions in the products it delivers, for errors in illustrations, drawings, specifications, instructions for use, operating instructions etc. as well as for damage, including accidental or consequential damage, for whatever reason and / or in what form caused by the buyer or third parties by the products delivered by Aximo, unless the damage is based on intent or gross negligence on the part of Aximo.12.2 In this case, Aximo's liability is limited to the amount of compensation to be paid by the Aximo insurer.
Article 13. Guarantee13.1 Aximo guarantees that the goods it delivers are free from design, material and manufacturing errors for a period of 3 months after delivery.13.2 If the goods have a design, material or manufacturing defect, the buyer is entitled to repair the goods. Aximo can replace the goods if the restoration encounters objections. The buyer is only entitled to a replacement if the goods cannot be repaired.13.3 The guarantee does not apply if the damage is caused by improper handling or incorrect compliance with the instructions.13.4 If the guarantee applies to a product manufactured by a third party, the guarantee is limited to the guarantee given by the manufacturer in question for this product.
Article 14. Payment14.1 Aximo can request payment by cash on delivery or advance payment.14.2 In the cases where a special production and / or a special purchase takes place, the following payment conditions apply: 50% when ordering, 50% upon delivery.14.3 Aximo is entitled to postpone each delivery until receipt of payment, not only the purchase price associated with the delivery, but also all amounts owed to the buyer.14.4 The buyer pays in all cases without deduction or set-off, without suspension due to alleged or actual breach of contract or due to an alleged right of complaint and without the buyer being allowed to block his payment obligation by self-attachment or in any other way.14.5 If the buyer does not pay within the agreed deadlines, he is legally in default and Aximo is entitled, without notice of default, to charge the buyer 1% interest per calendar month (or a part thereof) from the invoice date. This applies without prejudice to Aximo's other rights, including the right to collect all costs, both judicial and extrajudicial, from the buyer.14.6 In the event of liquidation, bankruptcy or suspension of payment by the buyer, the claims of Aximo and the buyer's obligations towards Aximo are due and payable immediately.
Article 15. Force Majeure15.1 In these general terms and conditions, force majeure means, in addition to what is understood by law and jurisprudence, all external or foreseeable external reasons over which Aximo cannot exert any influence, but on the basis of which Aximo cannot fulfill its obligations, strikes in the Company of15.2 Deliveries and other obligations of Aximo are suspended during force majeure. If the period in which Aximo cannot fulfill its obligations due to force majeure lasts longer than 2 months, both parties are entitled to terminate the contract without incurring any liability to pay compensation.15.3 If Aximo has partially or partially fulfilled its obligations when force majeure occurs, it is entitled to invoice the part already delivered or the part to be delivered separately, and the other party is obliged to invoice this as a separate contract to treat. However, this does not apply if the part already delivered or deliverable has no independent value.
Article 16. Failure to comply16.1 If a buyer fails to meet an obligation on time or properly, as well as in the event of bankruptcy filing, bankruptcy, requested or successful suspension of payments or the closure or liquidation of the buyer's company, Aximo is entitled to terminate the contract in whole or in part without notice and without notice , and without dissolving judicial interventions or suspending the service in whole or in part without providing compensation, without prejudice to all other rights to which it is entitled.16.2 In the event of one of the circumstances mentioned in paragraph 1, all claims of Aximo against the buyer are due and payable immediately, and Aximo is also entitled to suspend or terminate all other agreements with the buyer.
Article 17. Products, advertising and images17.1 Advertising and image material can be requested from Aximo. All advertising and image materials sent and delivered by Aximo can then be used for the dealer's own shop or the associated website. It is not permitted to extract images from the Aximo website or social media.17.2 In order to protect our brand and our exclusivity, we do not grant permission to offer our products or to use our image material for comprehensive sales sites and platforms such as eBay and Amazon.
Article 18. Different provisions18.1 Deviations from these conditions are only valid if they are confirmed in writing by Aximo.
Article 19. Applicable law19.1 Dutch law applies to every agreement between Aximo and the buyer.
Article 20. Modification and reference of the conditions20.1 These conditions have been submitted to the Chamber of Commerce in Utrecht. The version that was last saved or that was valid at the time the current transaction was implemented is always decisive.