General Terms and Conditions

For the Ausallium BV website: eu.ausallium.com

1. Applicability

1.1  These general terms and conditions apply to the entire range of products in the Ausallium BV webshop and to every agreement concluded between Ausallium BV and the consumer. These general terms and conditions are accessible to everyone and are included on the Ausallium BV website.

1.2  By placing an order, you indicate your agreement to the delivery and payment terms. Ausallium BV reserves the right to change the delivery and/or payment terms after the expiration of the term.

1.3  Unless otherwise agreed in writing, the general and specific terms or conditions of third parties are not recognized by Ausallium BV.

1.4  Ausallium BV guarantees that the delivered product conforms to the agreement and meets the specifications stated in the offer.

2. Delivery

2.1  Ausallium BV will execute orders within at least 3 working days, unless a different delivery period has been agreed.

2.2  If delivery within 3 working days or the otherwise agreed delivery time is not possible:

  • Because the ordered product is out of stock.
  • Because the product is no longer available.
  • Because there is a delay for another reason.
  • Because an order cannot be fulfilled, or can only be partially fulfilled.

The consumer will then receive notification within 7 working days after placing the order and has the right to cancel the order without costs or notice of default.

2.3  Ausallium BV’s obligation to deliver shall, unless proven otherwise, be deemed fulfilled as soon as the goods delivered by Ausallium BV have been offered to the purchaser once.

2.4  All delivery times mentioned on the Ausallium BV webshop are indicative. No rights can be derived from the stated delivery times.

3. Prices

3.1  All prices on the Ausallium BV webshop are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors.

3.2  All prices on the Ausallium BV webshop are in Euros and include 21% VAT.

4. Cooling-off period / Right of withdrawal

4.1  In accordance with the law, the customer has the right to return the delivered products without giving reasons for a period of 14 days. This period begins at the moment the ordered products are delivered to the buyer. The conditions for this are described in the following paragraphs.

4.2  The right, as described in the previous paragraph, applies only to the delivered products and shall under no circumstances apply to other services.

4.3  Before proceeding with a return, the customer must notify Ausallium BV in writing within 14 days after the products have been delivered to the customer. If this 14th day falls on  a Sunday or a public holiday, the cooling-off period ends on the next working day. If the customer does not exercise this statutory right within 14 days, the purchase is final.

4.4  During these 14 days (cooling-off period), the purchaser shall handle the product and packaging with care. He shall unpack or use the product only to the extent necessary to assess the nature, characteristics, and functioning of the product.

4.5  If the customer exercises his right of withdrawal, he shall return the delivered products within 14 days of receipt, in accordance with the reasonable and clear instructions provided by Ausallium BV. The customer must prove that the delivered products were returned in a timely manner, for example by means of proof of postal delivery. The products must be returned in the original packaging (including accessories and documentation) and the product must be in new condition.

4.6  If the products have been used, encumbered, or damaged in any way by the customer, Ausallium BV has the right to charge for depreciation.

4.7  Subject to the preceding paragraphs, Ausallium BV will arrange for a refund within 14 days after the customer has indicated that they wish to return the products. This refund will never take place until the customer has proven (paragraph 4.5) that the product has been returned (the contents of the return shipment must be stated on the shipping receipt).

4.8  The return of the delivered goods is entirely at the expense and risk of the purchaser.

4.9  Upon return of the entire purchase, the full purchase amount, including any calculated shipping and/or payment costs, will be refunded to the customer. In the event of the return of only a part of the received purchases, only the purchase value of the returned products will be refunded.

5. Data management

5.1  The personal data (email address, full name, address, and telephone number) requested when purchasing products from Ausallium BV are requested on the basis of the performance of a contract.

5.2  If an order is placed in the Ausallium BV webshop, these personal data are also stored in the customer database of Ausallium BV. Ausallium BV will not share this data with third parties.

5.3  Ausallium BV respects the privacy of the users of the webshop and ensures the confidential handling of personal data. Ausallium BV does this by complying with the GDPR.

6. Warranty and conformity

6.1  Ausallium BV guarantees that the products comply with the agreement, with the specifications stated in the offer, with reasonable requirements of soundness and/or usability, and with the statutory provisions and/or government regulations existing on the date of conclusion of the agreement.

6.2  An additional guarantee provided by the entrepreneur, his supplier, manufacturer, or importer shall never limit the statutory rights and claims that the purchaser may assert against Ausallium BV under the agreement if Ausallium BV has failed to fulfill its part of the agreement.

6.3  If complaints from the customer are found to be justified by Ausallium BV, De Peulschil will, at the customer’s option, replace the delivered goods free of charge or reimburse them.

6.4  This warranty does not apply if the delivered goods have been exposed to abnormal conditions or are otherwise handled carelessly or treated contrary to the instructions of Ausallium BV and/or the instructions for use on the packaging.

7. Offers

7.1  Offers are without obligation, unless stated otherwise in the offer.

7.2  Oral commitments only bind Ausallium BV after they have been expressly confirmed in writing.

7.3  Offers from Ausallium BV do not automatically apply to backorders.

7.4  Ausallium BV cannot be held to its offer if the purchaser ought to have understood that the offer, or a part thereof, contained an obvious error or clerical mistake.

7.5  Additions, amendments and/or further agreements are only valid if agreed in writing.

8. Agreement

Ausallium BV reserves the right not to accept orders without giving reasons, or to accept them only on the condition that the customer pays in advance before shipment.

9. Images and specifications

All images (photos, drawings, etc.) and data (concerning weights, dimensions, colors, images of labels, etc.) on the Ausallium BV webshop are approximate only, are merely indicative, and cannot give rise to claims for compensation or termination of the agreement.

10. Force majeur

10.1  Ausallium BV is not liable if and to the extent that its obligations cannot be fulfilled due to force majeure.

10.2  In the event of force majeure, Ausallium BV reserves the right to suspend obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be modified in such a way that performance remains possible.

10.3  If Ausallium BV has already partially fulfilled its obligations upon the occurrence of force majeure, or can only partially fulfill its obligations, Ausallium BV is entitled to invoice the product already delivered separately, and the customer is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the product already delivered has no independent value.

11. Liability

Ausallium BV is not liable for damage caused by improper use of its products. Before use, read the instructions on the packaging and/or consult the Ausallium BV website.

12. Retention of title

12.1  The purchaser only becomes the owner of the product once the invoice has been paid. If the invoice has not yet been paid, the product is subject to retention of title.

12.2  The products supplied by Ausallium BV that are subject to retention of title may only be resold in the normal course of business and may never be used as a means of payment.

12.3  The Purchaser is not authorized to pledge the goods subject to retention of title, nor to encumber them in any other way.

12.4  The Purchaser hereby grants unconditional and irrevocable permission to Ausallium BV or a third party to be appointed by Ausallium BV to enter all places where its property is located and to take such items, in all cases where Ausallium BV wishes to exercise its ownership rights.

13. Applicable law / competent court

13.1  All agreements are governed by Dutch law.

13.2  Any disputes arising from an agreement between Ausallium BV and the customer that cannot be resolved by mutual agreement shall be heard by the competent court within the district of Gelderland, unless Ausallium BV prefers to submit the dispute to the competent court of the customer’s place of residence, and with the exception of those disputes that fall within the jurisdiction of the sub-district court.