Terms & conditions
Article 1 – Identity
These are Abae’s general terms and conditions
Entrepreneur’s name: Abae
Email address: info@abae.store
Chamber of Commerce number: 85232076
VAT number: NL 004067583 B14
*Webshop related questions should be sent to info@abae.store
Article 2 – Definitions
In these general terms and conditions the following definitions apply:
1. Reflection period: the period within which a consumer can exercise his right of withdrawal;
2. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
3.Day: calendar day.
4. Durable data carrier: any tool – including e-mail – that enables a consumer or Abae to store information that is personally addressed to him in a manner that allows future consultation or use for a period tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
5. Right of withdrawal: the option for a consumer to cancel the distance contract within the cooling-off period.
6. Distance contract: an agreement concluded between Abae and a consumer in the context of an organized system for the distance sale of products, whereby exclusive or partial use is made of one or more techniques up to and including the conclusion of the agreement. for remote communication.
7. Distance communication technology: means that can be used to conclude a contract, without a consumer and Abae having to be in the same room at the same time.
Article 3 – Applicability
1. These general terms and conditions apply to every offer from Abae and to every distance contract concluded between Abae and a consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, Abae will indicate before the distance contract is concluded how the general terms and conditions can be viewed electronically and that they will be processed and then sent free of charge electronically or otherwise at the request of the consumer.
Article 4 – The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
2. Obvious mistakes or errors in the offer of products do not bind Abae.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with acceptance of the offer.
Article 5 – The agreement
1. The agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions set.
2. If the consumer has accepted the offer electronically, Abae will immediately confirm receipt of acceptance of the offer electronically.
3. Abae will provide the consumer with the following information no later than upon delivery of the product:
4. the visiting address of the Abae branch where the consumer can, for example, go with complaints;
5. 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;
6. The information about warranties and existing after-sales service;
7. The price including all taxes on the product, where applicable, the costs of delivery and the method of payment, delivery or performance of the distance contract;
Article 6 – Right of withdrawal
1. The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of 14 days without giving reasons. Abae may ask the consumer about the reason for withdrawal, but the consumer is not obliged to state his reason(s).
2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
Article 7 – Obligations of the consumer during the reflection period
1. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would in a store.
2. The consumer is liable for any reduction in value of the product that is the result of handling the product that goes beyond what is permitted in paragraph 1.
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer exercises his right of withdrawal, he must notify Abae by email within 48 hours.
2. Within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) Abae. This is not necessary if Abae has offered to collect the product itself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
3. The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the instructions provided by Abae.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product.
6. The customer will receive required information about returns by email after request.
7. If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
8. If the consumer only returns part of the order, any delivery costs do not have to be reimbursed by Abae.
Article 9 – Obligations of Abae upon withdrawal
1. Abae will reimburse all payments made by the consumer, excluding any delivery costs charged by Abae for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal.
2. Abae uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
Article 10 – The price
1. During the period of validity stated in the offer, the prices of the products offered will not be increased, except for price changes as a result of changes in VAT rates.
2. The prices stated in the range of products include VAT.
Article 11 – Compliance with agreement and additional warranty
1. Abae guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. .
2. In any case, no claim can be made under paragraph 1 of this article (i) in the event of damage due to intent or negligence, (ii) in the event of normal wear and tear and/or (iii) in the event of damage due to failure or improper observe the instructions for use or instructions for use.
3. An additional guarantee provided by Abae, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against Abae under the agreement if Abae has failed to fulfill its part of the agreement.
4. An additional guarantee means any obligation of Abae, its supplier, importer or producer in which it grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfill his part of the contract agreement.
Article 12 – Delivery and execution
1. Abae will exercise the utmost care when receiving and executing orders for products.
2. Delivery takes place while stocks last.
3. Ownership of delivered products is transferred to the consumer after the amount due has been paid. The risk of the products passes at the time of delivery to the consumer.
4. The place of delivery is the address that the consumer has provided to Abae.
5. The consumer must provide the correct address and e-mail address to Abae. Any changes to this must also be communicated to Abae in a timely manner. If the consumer has provided an incorrect address for delivery, this is the consumer’s risk.
6. Abae will execute accepted orders expeditiously, but no later than within 3 days, unless a different delivery period has been agreed.
7. After dissolution in accordance with the previous paragraph, Abae will immediately refund the amount paid by the consumer.
8. The risk of damage and/or loss of products rests with Abae until the moment of delivery to the consumer or a representative designated in advance and made known to Abae, unless expressly agreed otherwise.
Article 13 – Payment
1. Abae offers the following secure payment methods:
– Credit card: during the ordering process, the buyer can enter his credit card number and the expiry date of his credit card. The buyer must be sure that exactly the same name is entered as on the credit card. This is followed by the payment authorization process. The buyer will hear whether the payment has been approved or not.
– PayPal: Using PayPal, the buyer can transfer money from his bank account, credit card account or PayPal account.
– iDEAL: buyers with a Dutch bank account can use iDeal. This payment method was created through collaboration between Dutch banks. The iDeal payment system connects the most common online banking systems and is a reliable payment system.
– Bancontact/Mr.Cash: for buyers with a Belgian bank account it is possible to pay via Bancontact/Mr. Cash. Bancontact/Mr. Cash is a joint initiative of the Belgian banks that ensures fast payment processes without disruptions. Bancontact/Mr. Cash is available to account holders of KBC, Dexia and ING, among others. Thanks to the use of the PIN code, a transaction can be completed quickly and securely.
– Sofort
2. The buyer is bound by the terms and conditions of the payment platform chosen by him/her for payment. Abae has no control over these conditions and cannot be held liable for their content.
Article 14 – Force majeur
Abae and the consumer are not obliged to fulfill any obligation if they are prevented from doing so as a result of a circumstance that is not attributable to its fault, and is not for its account under the law, a legal act or generally accepted views comes.
Article 15 – Complaints procedure
1. Abae has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted fully and clearly described to Abae as soon as possible after the consumer has discovered the defects.
3. Complaints submitted to Abae will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Abae will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
Article 16 – Other
1. Any deviations from these general terms and conditions can only be agreed in writing. No rights can be derived from such deviations with regard to legal relationships entered into later.
2. Unless proven otherwise, Abae’s administration serves as proof of the requests and/or orders made by the consumer. The consumer acknowledges that electronic communication can serve as evidence.
3. Abae is entitled to transfer the rights and obligations under the agreement with you to a third party by a single notification to you.
4. If and to the extent that any provision of the general terms and conditions is declared null and void or annulled, the other provisions of these general terms and conditions will remain in full force. Abae will then establish a new provision to replace the void/nullified provision, whereby the scope of the void/nullified provision will be taken into account as much as possible.
Article 17 – Governing Law and Jurisdiction
1. Agreements, and all non-contractual obligations arising therefrom, between Abae and the consumer to which these general terms and conditions apply, are exclusively governed by Dutch law.