General terms and conditions
Definitions
- Reflection period: the period/number of days within which the consumer/customer: can exercise his or her right of withdrawal.
- Consumer/customer: the natural person who enters into a distance contract with ABCParty.
- Days of the week: calendar day.
- Transaction duration: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread in the future period.
- Right of withdrawal: the option for the consumer to withdraw from the distance contract within the statutory cooling-off period.
- ABCParty: the natural or legal person who offers products and/or services remotely to the consumer/customer;
- Agreement: the legal relationship between ABCParty and its Customer, in the broadest sense.
Article 1- Applicability
- These general terms and conditions apply to every offer from ABCParty and to every distance contract and orders concluded between ABCParty and the consumer/customer.
- Deviations from the General Terms and Conditions are only valid if expressly agreed in writing with ABCParty.
- Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer/customer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at ABCParty and that they will be sent free of charge as soon as possible at the request of the consumer/customer.
- Applicability of purchasing or other conditions of the consumer/customer is expressly rejected, unless expressly agreed otherwise in writing.
- These General Terms and Conditions also apply to additional or changed orders from the consumer/customer.
- ABCParty reserves the right at any time to change these General Terms and Conditions and to publish the new General Terms and Conditions directly on the webshop.
- Situations that are not included in the general terms and conditions or ambiguities about the explanation or content of or more provisions of these conditions must be assessed in the spirit of these general terms and conditions.
Article 2- The offer
- If an offer has a limited period of validity or is made under certain conditions, this will be expressly stated in the offer.
- The offer is without obligation. ABCParty is entitled to change and adjust the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If ABCParty uses images, they are a true representation of the products and/or services offered. Obvious errors or obvious errors in the offer do not bind ABCParty.
- All images, specifications data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
- Images accompanying products are a true representation of the products offered. ABCParty cannot guarantee that the colors displayed exactly match the real colors of the products.
- Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with the acceptance of the offer.
Article 3- The agreement
- The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer/customer of the offer and compliance with the general terms and conditions set.
- If the consumer/customer has accepted the offer electronically, ABCParty will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by ABCParty, the consumer/customer can terminate the agreement.
- If the agreement is concluded electronically, ABCParty will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer/customer can pay electronically, ABCParty will comply with appropriate security measures.
- ABCParty can inform itself – within legal frameworks – whether the consumer/customer can meet its payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If ABCParty has good grounds for not entering into the agreement on the basis of this investigation, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
- ABCParty shall transmit to the consumer/customer, with the product or service, the following information, in writing or in such a way that it can be stored by the consumer/customer in an accessible manner on a durable data carrier
- the visiting address of the ABCParty branch where the consumer/customer can go with complaints;
- the conditions under which and how the consumer/customer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
- the information about warranties and existing after-purchase service;
- the information included in Article 4, paragraph 3 of these conditions, unless ABCParty has already provided this information to the consumer/customer for the execution of the agreement
- The requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
- In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
- Every agreement is entered into under the suspensive general terms and conditions of sufficient availability of the products in question.
Article 4- Amendment of the agreement
- If, during the execution of this agreement, it appears that it is necessary to change or supplement it for its proper execution, ABCParty and the consumer/customer will adjust the agreement in a timely manner and by mutual agreement.
- Failure to execute the amended agreement or not immediately results in no breach of contract by ABCParty and is not a ground for the consumer/customer to terminate or terminate the agreement.
- Changes to the originally concluded agreement between ABCParty and the consumer/customer are only valid from the moment these changes are accepted by both parties through a supplementary or amended agreement. This change is made in writing.
Article 5- Right of withdrawal
- Click here to read ABCParty’s right of withdrawal: Right of withdrawal
Article 6- Utilizing the Right of Withdrawal
- If the consumer/customer exercises his or her right of withdrawal, a maximum of the costs of return will be borne by his or her account.
- If the consumer/customer has paid an amount, ABCParty will refund this amount as soon as possible, but no later than within 14 days after withdrawal. The condition is that the product has already been received back by the online retailer or conclusive proof of complete return can be submitted. Refunds will be made via the same payment method used by the consumer/customer unless the consumer/customer expressly consents to another payment method.
- In the event of damage to the product due to careless handling by the consumer/customer himself, the consumer/customer is liable for any depreciation of the product.
- The consumer/customer cannot be held liable for depreciation of the product if ABCParty has not provided all legally required information about the right of withdrawal, this must be done before concluding the purchase agreement
- If the consumer/customer fails to fulfill his obligations arising from the agreement and this failure to fulfill obligations justifies termination, ABCParty is entitled to terminate the agreement immediately and with immediate effect without any obligation on his part to pay any compensation or compensation, while the consumer/customer is obliged to pay compensation or compensation due to non-performance.
Article 7- Excluded from Right of withdrawal
- ABCParty may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if ABCParty has clearly stated this in the offer, at least in time before concluding the agreement.
- Exclusion from the right of withdrawal is only possible for the following products: a
- which have been created by ABCParty in accordance with consumer/customer specifications.
- which are clearly personal in nature.
- which by their nature cannot be returned.
- which can spoil or age quickly.
- the price of which is subject to fluctuations in the financial market over which ABCParty has no influence.
- for hygienic products for which the consumer/customer has broken the seal.
Article 8- The costs, fees & payments
- All the amounts mentioned in the quotation are in euros and include VAT, unless stated otherwise.
- The amounts in the Webshop include VAT and exclude shipping costs, unless stated otherwise.
- ABCParty has the right to correct manifestly incorrect entries in the quotation.
- Payment is made via iDEAL, bank transfer or other trusted payment providers when placing the order in the webshop.
- The consumer/customer has the obligation to immediately report inaccuracies in the stated or provided payment details to ABCParty.
- If the consumer/customer fails to pay an invoice on time, the consumer/customer is legally in default, without further notice of default being required. The consumer/customer then owes the statutory interest. The interest on the amount due will be calculated from the moment the consumer/customer is in default until the moment of payment of the full amount due.
- If ABCParty decides to collect a claim for non-payment of one or more unpaid invoices through legal means, the consumer/customer is also obliged, in addition to the principal amount due and the interest, to reimburse all reasonable judicial and extrajudicial costs incurred. The reimbursement of judicial and extrajudicial costs incurred is determined in accordance with the then applicable Decree, which concerns reimbursement for extrajudicial collection costs.
Article 9- Price increases
- During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
- By way of derogation from the previous paragraph, ABCParty may offer products or services whose prices are subject to fluctuations in the financial market and over which ABCParty has no influence, with variable prices. This commitment to fluctuations and the fact that any prices stated are target prices are stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted if ABCParty has stipulated this and:
- these are the result of legal regulations or provisions; or
- the consumer/customer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
- All prices are subject to pressure and typographical errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, ABCParty is not obliged to deliver the product according to the incorrect price.
- Orders can be paid up to 7 days. If you pay later, the payment will be settled and shipped with the current promotion.
Article 10 – Delivery and execution
- ABCParty will exercise the utmost care when receiving and executing orders for products and when assessing requests for services.
- The place of delivery is the address that the consumer/customer has made known to the company.
- Taking into account what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but no later than within 30 days, unless the consumer/customer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer/customer will receive notification no later than 30 days after he has placed the order. In that case, the consumer/customer has the right to terminate the agreement without costs. The consumer/customer is not entitled to compensation
- All delivery times are indicative. The consumer/customer cannot derive any rights from any stated periods. Exceeding a period does not entitle the consumer/customer to compensation.
- In the event of dissolution in accordance with paragraph 3 of this article, ABCParty will refund the amount paid by the consumer/customer as soon as possible, but no later than within 14 days after dissolution.
- If delivery of an ordered product proves impossible, ABCParty will make every effort to make a replacement item available. It will be stated in a clear and understandable manner that a replacement item will be delivered no later than delivery. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment will be borne by ABCParty.
- The risk of damage and/or loss of products rests with ABCParty until the moment of delivery to the consumer/customer or a pre-designated representative made known to ABCParty, unless expressly agreed otherwise.
Article 11- Transaction duration, cancellation and extension
Cancellation:
- The consumer/customer can terminate an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, taking into account the agreed termination rules and a notice period of no more than one month.
- The consumer/customer may terminate an agreement entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed period, taking into account the agreed termination rules and a notice period of no more than one month.
- The consumer/customer may accept the agreements referred to in the previous paragraphs
- cancel at any time and not be limited to cancellation at a specific time or period;
- at least cancel in the same way as they have been entered into by him;
- always cancel with the same notice period as ABCParty has stipulated for itself.
Extension:
- An agreement entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
- By way of derogation from the previous paragraph, an agreement entered into for a fixed period and extending to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer/customer can terminate this extended agreement by the end of the extension with a notice period of up to one month.
- An agreement entered into for a fixed period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer/customer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in case the agreement extends to the regular, but less than once a month delivering daily, news and weekly newspapers and magazines.
- An agreement with limited duration until the regular introduction of daily, news and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will automatically end after the end of the trial or introductory period.
- If an agreement has a duration of more than one year, the consumer/customer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed term. to resist.
Article 12- Payments
- Unless otherwise agreed, the amounts owed by the consumer/customer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer/customer has received confirmation of the agreement.
- The consumer/customer has the obligation to immediately report inaccuracies in payment details provided or stated to ABCParty.
- In the event of default by the consumer/customer, ABCParty has the right, subject to legal restrictions, to charge the reasonable costs stated in advance to the consumer/customer.
- Orders can be paid up to 7 days. If you pay later, the payment will be settled and shipped with the current promotion.
Article 13- Research
- The consumer/customer has the obligation to investigate and inform himself how the product should be used and to investigate upon delivery whether the products comply with the agreement. If this is not the case, the consumer/customer must report the complaints to ABCParty with reasons as soon as possible, but no later than within 14 days after delivery, at least after detection was reasonably possible info@abc-party.li4mn6s2yx-xlm41x7zx6dy.p.temp-site.link.
- Complaints submitted to ABCParty will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, ABCParty will respond within 14 days with an indication of when the consumer/customer can expect a more detailed answer.
- Refunds to consumers/customers will be processed as soon as possible, but payment may take no later than 30 days after receipt of the return shipment. Refunds are made on the previously specified account number.
- In the absence of a full delivery, and/or if one or more products are missing, and this is due to ABCParty, ABCParty will, after a request from the consumer/customer, submit the missing products or cancel the remaining order.
Article 14- Usage regulations
- Consumer/customer of products must follow ABCParty’s safety regulations and instructions and comply with the warnings.
- Xonsumer/customer should not use the product for consumption and/or household use and products should at all times be kept out of the reach of children, animals and people who are less accountable.
Article 15- Liability
- The consumer/customer is responsible for providing correct and representative data and information necessary for the execution of the Agreement. ABCParty is not liable for damage, including on the basis of an incorrect order, if the consumer/customer has provided incorrect, unrepresentative or irrelevant data.
- The delivery period referred to in Article 9, paragraph 4, can only be stated approximately. Although attempts will always be made to comply with the delivery period, ABCParty is never liable for the consequences of exceeding the period stated there.
- ABCParty is not liable for errors or omissions of third parties engaged by it. By using ABCParty’s Services, the consumer/customer grants ABCParty the authority, if a third party engaged by ABCParty wishes to limit its liability, to accept that limitation of liability also on behalf of the consumer/customer.
- ABCParty is not liable for indirect damage, including but not limited to consequential damage.
- ABCParty is not liable for any write-offs on the Website.
- ABCParty is not liable for failure or failure to fulfill the obligations arising from the Agreement on time, if this is caused by force majeure as referred to in Article 12.
- The consumer/customer indemnifies ABCParty against claims from third parties, of whatever nature, related to the Services or products sold.
- ABCParty’s products are expressly not intended for consumption or use in any other way than for research purposes. The products should never be used in combination with alcohol, drugs or other narcotics. ABCParty is not liable if the consumer/customer uses the products in a different way and this causes damage.
- If ABCParty is held liable, it will only be liable for direct damage actually incurred, paid or suffered by the consumer/customer due to a demonstrable failure to fulfill ABCParty’s obligations with regard to its Services.
- ABCParty’s liability is limited to the amount covered and paid out by the insurer. If the insurer does not pay out, or if ABCParty is not insured, liability is limited to the amount paid by the consumer/customer.
- The limitation of liability as described in this article does not apply if there is intent or deliberate recklessness on the part of ABCParty.
- This provision does not exclude liability to the extent that liability may not be limited or excluded by law.
Article 16- Force majeure
- Force majeure means all external causes, without the will or fault of ABCParty, which means that timely, complete or correct fulfillment of the Agreement is no longer possible.
- Force majeure as referred to in the preceding paragraph shall include, but shall not be limited to: non-performance of a third party, illness of ABCParty personnel themselves or a third party, abnormal weather conditions, breakdowns in water and energy supplies, strikes, serious breakdowns in ABCParty’s systems, fire, floods, natural disasters, riots, war or otherwise domestic unrest.
- In the event of force majeure, compliance with the Agreement will be suspended as long as force majeure continues.
- If force majeure continues for more than one month, both parties are entitled to terminate the Agreement without the intervention of the court. In such a case, ABCParty will proceed to refund any amounts paid, deducting all costs incurred by ABCParty in relation to the Agreement.
Article 17- Complaints
- If the Consumer/customer has a complaint, the Consumer/customer must send this in writing to info@abc-party.li4mn6s2yx-xlm41x7zx6dy.p.temp-site.link or report by telephone via WhatsApp on +31 6 86151498.
- ABCParty has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted fully and clearly described to ABCParty within 2 months, after the consumer/customer has discovered the defects.
- Complaints submitted to ABCParty will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, ABCParty will respond within 14 days with a receipt and an indication of when the consumer/customer can expect a more detailed answer.
Article 18- Disputes
- Agreements between ABCParty and the consumer/customer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer/customer lives abroad.
- HHC Concentrates
