Terms of service

Introduction
Below you will find our General Terms and Conditions. These apply whenever you use or place an order through our Website. The General Terms and Conditions contain important information for you as a buyer. Please read them carefully. We also recommend saving or printing these terms so you can refer to them at a later time.

Article 1. Definitions
1.1. Aptiq B.V.: located in Breda and registered with the Chamber of Commerce under registration number 83289771, operating under the name Aptiq B.V.
1.2. Website: Aptiq B.V.'s website, accessible at www.aptiq.com and all related subdomains.
1.3. Customer: the natural person who, not acting in the course of a profession or business, enters into an Agreement with Aptiq B.V. and/or has registered on the Website.
1.4. Agreement: any agreement or contract between Aptiq B.V. and Customer, in which the General Terms and Conditions are an integral part.
1.5. General Terms and Conditions: these General Terms and Conditions.

Article 2. Applicability of General Terms and Conditions
2.1. The General Terms and Conditions apply to all offers, Agreements, and deliveries made by Aptiq B.V., unless explicitly agreed otherwise in writing.
2.2. If Customer includes provisions or conditions in their order, confirmation, or acceptance that deviate from or are not included in the General Terms and Conditions, they are only binding for Aptiq B.V. if explicitly accepted in writing by Aptiq B.V.
2.3. In case specific product or service conditions also apply in addition to these General Terms and Conditions, those conditions will also be applicable. However, in case of conflicting conditions, Customer can always rely on the provision that is most favorable to them.

Article 3. Prices and Information
3.1. All prices listed on the Website and in other materials from Aptiq B.V. include VAT and, unless stated otherwise on the Website, other government-imposed levies.
3.2. Shipping costs within the Netherlands are €4.95. These costs can also be found on the Website. Additionally, these costs will be displayed during the ordering process. Orders with a value of over €75 are shipped for free within the Netherlands.
3.3. The content of the Website is compiled with the utmost care. However, Aptiq B.V. cannot guarantee that all information on the Website is at all times accurate and complete. Therefore, all prices and other information on the Website and in other materials from Aptiq B.V. are subject to obvious programming and typographical errors.
3.4. Aptiq B.V. cannot be held responsible for (color) deviations due to screen quality.

Article 4. Intellectual Property
4.1. The use of information on this website is free as long as you do not copy, distribute, or use it in any other way. You may only reuse the information on this website in accordance with mandatory law.
4.2. Without explicit written permission from Aptiq B.V., it is not allowed to reuse text, photographic material, or other materials on this website. The intellectual property rights are vested with Aptiq B.V..

Article 5. Formation of the Agreement
5.1. The Agreement is concluded when the Customer accepts Aptiq B.V.'s offer and meets the conditions set by Aptiq B.V.
5.2. If the Customer has accepted the offer electronically, Aptiq B.V. immediately confirms receipt of the acceptance electronically. As long as the receipt of this acceptance is not confirmed, the Customer has the option to cancel the Agreement.
5.3. If it turns out that the Customer has provided incorrect data when accepting the Agreement or entering into the Agreement in any other way, Aptiq B.V. is entitled to fulfill its obligation only after receiving the correct data.
5.4. Aptiq B.V. can assess within the legal framework whether the Customer can meet their payment obligations, but also all facts and factors relevant to a responsible conclusion of the Agreement. If Aptiq B.V. has good grounds, based on this investigation, not to enter into the Agreement, it is entitled to refuse an order or request with reasons, or to attach special conditions such as prepayment to the performance of the Agreement.

Article 6. Registration
6.1. To make optimal use of the Website, the Customer can register via the registration form/account registration option on the Website.
6.2. During the registration process, the Customer chooses a username and password with which they can log in to the Website after registration. The Customer is responsible for choosing a sufficiently reliable password.
6.3. The Customer must keep their login information, username, and password strictly confidential. Aptiq B.V. is not liable for the misuse of the login information and can always assume that a Customer who logs in to the Website is actually that Customer. Everything that happens through the Customer's account is their responsibility and risk.
6.4. If the Customer knows or suspects that their login information has fallen into unauthorized hands, they must change their password as soon as possible and/or notify Aptiq B.V. of this so that Aptiq B.V. can take appropriate measures.

Article 7. Execution of the Agreement
7.1. As soon as Aptiq B.V. has received the order, Aptiq B.V. will send the products as soon as possible, taking into account the provision in section 3 of this Article.
7.2. Aptiq B.V. is authorized to involve third parties in carrying out the obligations arising from the Agreement.

7.3. The Website will clearly describe, in a timely manner before the conclusion of the Agreement, the method of delivery and the timeframe within which the products will be delivered. If no delivery period has been agreed or specified, the products will be delivered within 30 days.

7.4. If Aptiq B.V. cannot deliver the products within the agreed timeframe, it will inform the Customer of this. In such a case, the Customer can agree to a new delivery date, or they have the option to terminate the Agreement free of charge.

7.5. Aptiq B.V. recommends that the Customer inspects the delivered products and reports any defects discovered within a reasonable time, preferably in writing. Refer to the Article on warranty and conformity for further details.

7.6. Once the products to be delivered have been delivered to the specified delivery address, the risk, as far as these products are concerned, passes to the Customer. Unless expressly agreed otherwise, the risk passes to the Customer earlier. If the Customer decides to collect the products, the risk passes upon the transfer of the products.

7.7. Aptiq B.V. is authorized to deliver a similar product of similar quality if the ordered product is no longer available. The Customer is then entitled to terminate the Agreement free of charge and return the product free of charge.

Article 8. Right of Withdrawal
8.1. This article only applies to Customers who are natural persons not acting in the exercise of their profession or business.

8.2. The Customer has the right to terminate the distance Agreement with Aptiq B.V. within 14 days of receiving the product, without giving any reason, free of charge.

8.3. The period starts on the day after the Customer, or a third party designated by them, who is not the carrier, receives the product, or: if the Customer has ordered multiple products in the same order, the day on which the Customer, or a third party designated by them, receives the last product; if the delivery of a product consists of multiple shipments or parts: the day on which the Customer, or a third party designated by them, receives the last shipment or the last part; in the case of Agreements for regular delivery of products over a set period: the day on which the Customer, or a third party designated by them, receives the first product.

8.4. The Customer is responsible for the return costs, if these costs are higher than the regular postal rate, Aptiq B.V. will provide an estimate of these costs. The shipping costs incurred by the Customer when purchasing the product are not included in the return costs and remain the Customer's responsibility.

8.5. Within the withdrawal period referred to in section 1, the Customer shall handle the product and packaging with care. The Customer shall only unpack and use the product to the extent necessary to determine the nature, characteristics, and operation of the products. The starting point is that this inspection should not go further than the Customer would be allowed in a physical store.

8.6. The Customer is only liable for any depreciation of the product resulting from a way of handling the product beyond what is permitted under the previous section.

8.7. The Customer can terminate the Agreement within the period set out in section 1 of this Article by sending the model withdrawal form (digitally) to Aptiq B.V., or by clearly notifying Aptiq B.V. in another unambiguous manner that they wish to withdraw from the purchase. Aptiq B.V. will confirm the receipt of such notification in the case of a digital submission. After termination, the Customer has 14 days to return the product. It is also possible to return the product directly within the period set out in section 1 of this Article, provided that the model withdrawal form or other unambiguous statement of withdrawal is enclosed. Products can be returned to: Aptiq B.V. Returns, Minervum 7243, 4817 ZJ, Breda.

8.8. Amounts already paid by the Customer (in advance) will be reimbursed as soon as possible, but no later than 14 days after the Agreement is terminated, in the same manner as the Customer made the purchase. If the Customer has chosen a more expensive method of delivery than the cheapest standard delivery, Aptiq B.V. is not required to reimburse the additional costs for the more expensive method. Unless Aptiq B.V. offers to collect the product themselves, Aptiq B.V. may wait to refund until Aptiq B.V. has received the product, or until the Customer proves that they have returned the product, depending on which occurs earlier.

8.9. The Website will clearly state, in a timely manner before the conclusion of the Agreement, whether the right of withdrawal is applicable and any desired procedure.

Article 9. Payment
9.1. The Customer must make payments to Aptiq B.V. according to the payment methods indicated in the ordering process and possibly on the Website. Aptiq B.V. is free to choose the payment methods offered, and these may change from time to time. In the case of payment after delivery, the Customer has a payment term of 14 days starting on the day after delivery.

Article 10. Warranty and Conformity
10.1. This article only applies if there is a Customer who does not act in the exercise of their profession or business. If Aptiq B.V. provides a separate warranty for the products, this will apply to all types of Customers, notwithstanding what has just been stated.

10.2. Aptiq B.V. guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date of the conclusion of the Agreement. If specifically agreed, Aptiq B.V. also guarantees that the product is suitable for use other than normal.

10.3. A warranty provided by Aptiq B.V., the manufacturer, or importer does not affect the legal rights and claims that the Customer already has and can invoke on the basis of the Agreement.

10.4. If the delivered product does not conform to the Agreement, the Customer must notify Aptiq B.V. of this within a reasonable time after discovering the defect.

10.5. If Aptiq B.V. deems the complaint justified, the relevant products will be repaired, replaced, or refunded after consultation with the Customer. The maximum compensation is, taking into account the liability Article, equal to the price paid by the Customer for the product.

Article 11. Complaints Procedure
11.1. If the Customer has a complaint about a product (in accordance with the Article on warranty and conformity) and/or other aspects of Aptiq B.V.'s services, they can submit a complaint to Aptiq B.V. by phone, email, or mail. See the contact details at the end of the Terms and Conditions.

11.2. Aptiq B.V. will respond to the Customer's complaint as soon as possible, but in any case within 1 day of receiving the complaint. If it is not yet possible to provide a substantive or final response, Aptiq B.V. will confirm the complaint within 1 day of receiving it and provide an estimate of the timeframe within which they expect to provide a substantive or final response to the Customer's complaint.

11.3. It is also possible to file a dispute for mediation via the Stichting WebwinkelKeur at https://www.webwinkelkeur.nl/kennisbank/consumenten/geschil. Since 15 February 2016, consumers in the EU have the option to submit complaints via the ODR platform of the European Commission. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not yet being dealt with elsewhere, you are free to submit your complaint via the platform of the European Union.

Article 12. Personal Data
12.1. Aptiq B.V. processes the personal data of the Customer in accordance with the Privacy Policy published on the Website.

Article 13. Final Provisions
13.1. Dutch law applies to the Agreement.

13.2. Unless mandatory legal rules dictate otherwise, all disputes arising from the Agreement will be submitted to the competent Dutch court in the district where Aptiq B.V. is located.

13.3. If a provision in these General Terms and Conditions proves to be void, this will not affect the validity of the entire General Terms and Conditions. In such a case, the parties will establish (a) new provision(s) to replace it, which, as far as legally possible, will give effect to the intent of the original provision.

13.4. In these General Terms and Conditions, "in writing" also refers to communication by email and fax, provided that the identity of the sender and the integrity of the email is sufficiently established.

Contact Information
If you have any questions, complaints, or comments after reading these General Terms and Conditions, please feel free to contact us in writing or by email:

 

Aptiq design B.V.

Zonnebloemlaan 8
2111ZG Aerdenhout
The Netherlands

Telephone: +31653187344
E-mail: service@aptiq.com
Chamber of Commerce number: 93729901
VAT id number: NL866507036B01