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Terms and Conditions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

  • Cooling-off Period: The period within which the consumer can exercise their right of withdrawal.

  • Consumer: The natural person who is not acting in the course of business or profession and enters into a distance contract with the entrepreneur.

  • Day: Calendar day.

  • Continuing Performance Contract: A distance contract regarding a series of products and/or services where the delivery and/or performance obligation is spread over time.

  • Durable Medium: Any medium that allows the consumer or entrepreneur to store information addressed personally to them in a way that is accessible for future reference and unchanged reproduction of the stored information.

  • Right of Withdrawal: The possibility for the consumer to cancel the distance contract within the cooling-off period.

  • Entrepreneur: The natural or legal person who offers products and/or services at a distance to consumers.

  • Distance Contract: A contract concluded within the framework of an organized system for distance selling of products and/or services where, up to and including the conclusion of the contract, only one or more techniques for distance communication are used.

  • Distance Communication Technique: A means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same space.

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Article 2 - Identity of the Entrepreneur

  • Mewave B.V.

  • The Ring 36, 5261LM Vught

  • Phone number: +31 73 750 12 01

  • Email address: info@avilexx.nl

  • Chamber of Commerce number: 84996307

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Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur's premises and will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, deviating from the previous paragraph, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be stored on a durable medium by the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be reviewed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.

In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs of this article apply accordingly, and the consumer may always invoke the provision that is most favorable to them in the event of conflicting general terms and conditions.

 

Article 4 - The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description must be detailed enough to allow the consumer to make a good assessment of the offer. If the entrepreneur uses images, these must be a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

Every offer contains such information that is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This specifically includes:

  • The price including taxes;

  • Any delivery costs;

  • The way the contract will be concluded and what actions are necessary for this;

  • Whether or not the right of withdrawal applies;

  • The method of payment, delivery, and execution of the contract;

  • The period within which the offer can be accepted or the period within which the entrepreneur guarantees the price;

  • The level of the communication costs if the costs for using the distance communication technique are calculated on a basis other than the regular basic rate for the used communication medium;

  • Whether the contract will be archived after its conclusion, and if so, how the consumer can access it;

  • The manner in which the consumer can check and, if desired, correct the data provided by them in the context of the contract before concluding the contract;

  • Any other languages in which, besides Dutch, the contract can be concluded;

  • The codes of conduct the entrepreneur has adhered to and how the consumer can consult these codes of conduct electronically;

  • The minimum duration of the distance contract in the case of a continuing performance contract.

 

Article 5 - The Contract

The contract is concluded at the moment the consumer accepts the offer and meets the conditions set.

If the consumer has accepted the offer electronically, the entrepreneur will confirm receipt of the acceptance of the offer electronically without delay. Until the receipt of this acceptance has been confirmed by the entrepreneur, the consumer can dissolve the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this.

Within legal limits, the entrepreneur can investigate whether the consumer can meet their payment obligations and all facts and factors that are relevant for a responsible conclusion of the distance contract. If the entrepreneur has good grounds based on this investigation to refuse to conclude the contract, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.

The entrepreneur will provide the consumer with the following information with the product or service in writing or in such a way that it can be stored on a durable medium by the consumer: a. The visiting address of the entrepreneur’s establishment where the consumer can address 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 warranties and existing after-sales service; d. The information mentioned in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the contract; e. The requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.

 

Article 6 - Right of Withdrawal

When purchasing products, the consumer has the right to cancel the contract without giving reasons within 14 days. This cooling-off period starts on the day the consumer or a representative designated by them receives the product. Business or commercial purchases are excluded from this arrangement.

During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they want to keep the product. If the consumer exercises the right of withdrawal, they must return the product with all supplied accessories and in its original condition and packaging to the entrepreneur, following the reasonable and clear instructions provided by the entrepreneur.

When services are delivered, the consumer has the right to cancel the contract without giving reasons within at least fourteen days, starting from the day the contract is concluded. Business or commercial purchases are excluded from this arrangement.

To exercise their right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur at the offer and/or at the latest at delivery.

 

Article 7 - Costs in the Case of Withdrawal

If the consumer exercises the right of withdrawal, the maximum costs of returning the products are at their expense.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the return or cancellation.

 

Article 8 - Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal to the extent provided in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer or at least in good time before the conclusion of the contract.

Exclusion of the right of withdrawal is only possible for products: a. Made according to the consumer's specifications; b. Clearly personal in nature; c. Which, by their nature, cannot be returned; d. Which may spoil or become outdated quickly; e. The price of which is dependent on fluctuations in the financial market which the entrepreneur cannot control; f. For single newspapers and magazines; g. For audio and video recordings and computer software provided with the product, such as MIDI controllers, sound cards, etc.; h. Products that are unsuitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery, such as headphones, microphones, headsets, etc.

Exclusion of the right of withdrawal is only possible for services: a. Related to accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period; b. Where the delivery has begun with the consumer's explicit consent before the cooling-off period has expired; c. Related to betting and lotteries.

 

Article 9 - The Price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

Deviation from the previous paragraph, the entrepreneur may offer products or services with variable prices if the prices are subject to fluctuations in the financial market which the entrepreneur cannot control. Such dependency on fluctuations and that any stated prices are guide prices will be stated in the offer.

Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of legal regulations or provisions.

Price increases after 3 months from the conclusion of the contract are only allowed if the entrepreneur has stipulated this and: a. They are the result of legal regulations or provisions; or b. The consumer has the right to terminate the contract with effect from the day the price increase takes effect.

The prices mentioned in the offer of products or services are inclusive of VAT.

 

Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of usability, and the legal provisions or government regulations existing on the date of the conclusion of the contract.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer can assert against the entrepreneur under the contract.

 

Article 11 - Delivery and Execution

The entrepreneur will take the utmost care in receiving and processing orders of products and in assessing requests for services.

The place of delivery is the address that the consumer has made known to the entrepreneur.

With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or only partially, the consumer will be informed about this within 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and is entitled to any compensation.

After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and announced to the entrepreneur, unless explicitly agreed otherwise.

 

Article 12 - Payment

The consumer must pay the amounts due within the agreed term, which shall not exceed 14 days from the day following the delivery of the products or the commencement of the service provision, unless otherwise agreed.

The consumer is not obliged to make advance payments for services unless explicitly agreed otherwise.

The consumer has the duty to report inaccuracies in payment details provided or stated to the entrepreneur without delay.

If the consumer fails to meet their payment obligations in time, they will owe statutory interest on the amount due after the payment term has expired, and the entrepreneur has the right to charge the extrajudicial collection costs incurred by them. These collection costs will amount to a maximum of 15% of the outstanding amount and are calculated according to Dutch legislation.

 

Article 13 - Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.

Complaints about the execution of the contract must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with a notification of receipt and an indication when the consumer can expect a more detailed response.

If the complaint cannot be resolved in mutual consultation, a dispute will arise that is subject to the dispute resolution procedure.

 

Article 14 - Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

The Vienna Convention on Contracts for the International Sale of Goods does not apply.

 

Article 15 - Additional or Deviating Provisions

Additional provisions or deviations from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.

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