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General Terms and Conditions

Introduction

These are our General Terms and Conditions. These General Terms and Conditions always apply when you use our Website or place an order through our Website, and they contain important information for you as a buyer. Please read them carefully. We also recommend that you save or print these General Terms and Conditions so that you can consult them at a later time.

1.Definitions

1.1 AYLAM B.V: based in Hoofddorp and registered with the Chamber of Commerce under file number 78545722, trading as AYLAM B.V. 
1.2 Website: the Website of AYLAM B.V, to be found on www.aylam.eu and all of its subdomains.
1.3 Customer: the natural person or corporation who enters into an agreement with AYLAM B.V and/or is registered on the Website.
1.4 Agreement: any arrangement or agreement between AYLAM B.V and Customer of which the General Terms and Conditions are an integral part.
1.5 General Terms and Conditions: these General Terms and Conditions.


2.Applicability of the General Terms and Conditions

2.1 The General Terms and Conditions apply to all offers, agreements and deliveries of AYLAM B.V, unless explicitly agreed otherwise in writing. In addition, a separate point of sale agreement applies to a purchase > 75% of Prof Saracoglu portfolio in the case of a Customer acting in the course of his profession or business.
2.2 If Customer in his order, confirmation or any other communication alleging acceptance of the General Terms and Provisions includes any provisions that differ from, or are not included in the General Terms and Conditions, such provisions will only be binding upon AYLAM B.V if and in so far as AYLAM B.V has accepted them in writing.
2.3 In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, Customer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.

3.Prices and information

3.1 All prices posted on the Website and in other materials originating from AYLAM B.V include taxes and other levies imposed by the government, unless stated otherwise on the website.
3.2 Business Customer will endeavor to maintain and try to comply with the suggested retail prices of products purchased from AYLAM B.V and make every effort.
3.3 If shipping costs are charged, these will be clearly stated in good time before the contract/agreement is concluded. These costs will also be displayed separately in the ordering process.
3.4 The content of the Website is composed with the greatest care. AYLAM B.V cannot, however, guarantee that all information on the Website is correct and complete at all times. All prices and other information posted on the Website and in other materials originating from AYLAM B.V are subject to obvious programming and typing errors.
3.5 AYLAM B.V cannot be held responsible for deviations in colour that result from the quality of the colours displayed on the screen.

4.Conclusion of the Agreement

4.1 The Agreement will be deemed to be concluded at the moment Customer accepts the offer of AYLAM B.V subject to the conditions laid down by AYLAM B.V.
4.2 If Customer has accepted the offer by electronic means, AYLAM B.V will confirm receipt of acceptance of the offer by electronic means without delay. Until such receipt of acceptance is confirmed, Customer will have the possibility to terminate the Agreement.
4.3 If it is found that, in accepting or otherwise entering into the Agreement, Customer has provided incorrect data, AYLAM B.V will have the right to postpone the Agreement until the correct data is received.
4.4 AYLAM B.V can inform itself within legal frameworks whether the Customer can meet its payment obligations, but also of all facts and factors that are important for a responsible conclusion of the Agreement. If AYLAM B.V, based on this investigation, has good reasons not to enter into the Agreement, it is entitled to refuse an order or request with reasons, or to attach special conditions to the execution, such as advance payment.

5.Registration

5.1 To make optimal use of the Website, Customer can register using the registration form/the account sign-in option on the Website.
5.2 During the registration process, Customer will be asked to choose a user name and password with which he can log on to the Website. Customer alone is responsible for choosing a sufficiently reliable password.
5.3 Customer must keep its login credentials, user name and password strictly confidential. AYLAM B.V cannot be held liable for any misuse of the login credentials and is always entitled to assume that Customer who logs on to the Website is the party that it professes to be. Customer is responsible for and bears the full risk of any and all actions and transactions performed via Customer's account.
5.4 If Customer knows or has reason to suspect that its login details have become available to unauthorised parties, it will be required to change its password as soon as possible and/or to notify AYLAM B.V accordingly so as to allow AYLAM B.V to take appropriate measures.

6.Execution of the Agreement

6.1 As soon as AYLAM B.V has received the order, it will send the products to Customer without delay and with due regard for the provisions of paragraph 3 of this article. The products ordered by the Business Customer will be send in compliance with Article 8.4.
6.2 AYLAM B.V is authorised to engage third parties in the fulfilment of its obligations under the Agreement.
6.3 Well ahead of the date on which the Agreement is signed, information will be posted on the Website which clearly describes the manner in which and the term within which the products will be delivered. If no delivery term has been agreed or stated, the products will be delivered within 30 days at the latest.
6.4 If AYLAM B.V is unable to deliver the products within the agreed term, it will notify Customer accordingly. In that case Customer can decide either to agree to a new delivery date or to terminate the Agreement without incurring any costs.
6.5 AYLAM B.V advises Customer to inspect the products upon delivery and to report any defects within an appropriate period (< 2days), in writing or by email. For further details, see the article about guarantee and conformity.
6.6 The risks associated with the products will transfer to Customer as soon as the products are delivered at the agreed delivery address. If the Customer decides to collect the products, the risk is transferred upon transfer of the products. If expressly agreed otherwise, the risk will pass to the Customer sooner and in case when the Customer is acting in the course of his profession or business. Risk is transferred to the Business Customer, where these products are concerned, when the products to be delivered have been delivered to the Business Customer's transport company.
6.7 If the ordered product can no longer be supplied, AYLAM B.V is entitled to deliver a product which is comparable in nature and quality to the ordered product. In that case, Customer will have the right to terminate the Agreement without incurring any costs and to return the product free of charge.
6.8 Business Customer will observe the brand value of the product, present brand names according to the relevant brands, not disgrace and offer the products to Customers according to the relevant regulations. Contrary to the above, a fine will follow. Business Client can only sell Prof Saracoglu branded Products to Customer.
6.9 All confidential information in the context of this agreement with Business Customer may not be shared with third parties, otherwise a fine will follow.

7.Right of withdrawal/return

7.1 This article only applies if Customer is a natural person who is not acting in his or her professional or commercial capacity. Business Customers therefore have no right of withdrawal.
7.2 Customer will have the right to dissolve the distance Agreement with AYLAM B.V within 14 days after receiving the product, free of charge and without stating reasons.
7.3 The term commences on the day after the product was received by the Customer, or a third party designated by the Customer, who is not the transporting party, or:
  • if the delivery of a product involves different deliveries or parts: the day on which Customer, or a third party designated by Customer, received the last delivery or the last part;
  • with contracts for the regular delivery of products during a given period: the day on which Customer, or a third party designated by Customer, received the first product;
  • if Customer has ordered several products: the day on which Customer, or a third party designated by Customer, received the last product.
7.4 Costs incurred for the return shipment are for Customer's account, if these costs are higher than the regular postal rate, AYLAM 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 at the Customer's own expense.
7.5 During the withdrawal period referred to in paragraph 1, Customer will treat the product and its packaging with the utmost care. Customer may not open the packaging or use the product unless this is necessary in order to determine the nature of the products, their features and their operation. The basic principle here is that this inspection may not go beyond what the Customer could do in a physical store.
 
7.6 Customer is only liable for the product's devaluation that is a consequence of his handling the product other than as permitted.
7.7 Customer can terminate the Agreement in accordance with paragraph 1 of this article by reporting the withdrawal (digital or in other form) to AYLAM B.V, within the withdrawal period, by means of the model form for right of withdrawal or in some other unequivocal way. If AYLAM B.V makes it possible for Customer to declare his withdrawal via electronic/digital means, then after receiving such a declaration, AYLAM B.V sends immediate confirmation of receipt.
7.8 As quickly as possible, but no later than 14 days after the day of reporting as referred to in paragraph 1/2, Customer shall return the product, or hand it over to (a representative of) AYLAM B.V.
Products can be returned to the following address:

Graftermeerstraat 29 B, 2131 AA, Hoofddorp, The Netherlands
7.9 Any amounts already paid by Customer (in advance) will be refunded to Customer as soon as possible, and in any case within 14 days after dissolution of the Agreement. If Customer chose an expensive method of delivery in preference to the cheapest standard delivery, AYLAM B.V does not have to refund the additional costs of the more expensive method. Except in cases in which AYLAM B.V has offered to retrieve the product himself, he can postpone refunding until he has received the product or until Customer proves he has returned the product, depending on which occurs earlier.
7.10 Information about the applicability or non-applicability of a right of withdrawal and any required procedure will be posted clearly on the Website, well before the Agreement is concluded.
7.11 The right of withdrawal does not apply to:
  • Sealed products that, for reasons relating to the protection of health or hygiene, are unsuited to returning and whose seal was broken subsequent to delivery;

8.Payment

8.1 The payments referred to in paragraphs 2 and 3 only apply to the Customer, who is a natural person who is not acting in the course of his professional or commercial capacity
8.2 Customer shall pay the amounts due to AYLAM B.V in accordance with the ordering procedure and any payment methods indicated on the Website. AYLAM B.V is free to offer any payment method of its choice and may change these methods at any time. In cases of payment after delivery Customer will be given a term of payment of 14 days entering on the day after delivery. 
8.3 If Customer does not complete his payment obligation, he will be indebted the legal interest over the belated payment. AYLAM B.V needs to remind Customer of the belated payment and AYLAM B.V has to give Customer a term of 14 days to complete the payment obligation. After failing this 14 days term AYLAM B.V is allowed to recover any extra judicial debt collection costs on Customer. These debt collection costs are not higher than: 15% of the open payment with a maximum of € 2.500,-; 10% of the next € 2.500,- and 5% over the next € 5.000,- with a minimum of € 40,-. AYLAM B.V is allowed to deviate from the named amounts and percentages in the advantages of Customer.
8.4 Business Customer shall pay the amounts due to AYLAM B.V. in accordance with the ordering procedure and any payment methods indicated on the Website. AYLAM B.V is free to offer any payment method of its choice and may change these methods at any time. The Business Customer must make payment for his order at all times before delivery in order to be able to carry out Article 6.

9.Warranty and conformity

9.1 This article only applies if Customer is a natural person who is not acting in his or her professional or commercial capacity. If AYLAM B.V gives a separate warranty on the products then, without prejudice to the aforesaid, this applies to all types of Customers.
9.2 AYLAM B.V guarantees that the products are in conformity with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and with the existing statutory provisions and/or government regulations that are in force from the date of entering into the Agreement. If specifically agreed, AYLAM B.V also guarantees that the product is suitable for other than normal use.
9.3 If the delivered product is not in conformity with the Agreement, Customer must inform AYLAM B.V within a reasonable period of time after he has discovered the defect.
9.4 If AYLAM B.V deems the complaint to be correct, the faulty product(s) will be repaired, replaced or refunded in consultation with Customer. The maximum amount of compensation is, having regard to the Article on liability, equal to the price paid by Customer for the product.

10.Warranty on business purchases

10.1 AYLAM B.V guarantees that the products are in conformity with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and with the existing statutory provisions and/or government regulations that are in force from the date of entering into the Agreement. If specifically agreed, AYLAM B.V also guarantees that the product is suitable for other than normal use. Otherwise, it applies that the product is suitable for normal use.
10.2 If the delivered product is not in conformity with the Agreement upon delivery, Customer must inform AYLAM B.V within 2 days after delivery. If the Customer does not do this, he can no longer claim repair, replacement e.d, if the product was delivered defective.
10.3 If AYLAM B.V deems the complaint to be correct, the faulty product(s) will be repaired, replaced or (partially) refunded in consultation with the Customer.

11.Complaints handling procedure
11.1 If Customer has any grievances in connection with a product (in accordance with the article on warranties and conformity) and/or about other aspects of AYLAM B.V's service, it can submit a complaint by telephone, by email or by post. See the contact details at the bottom of the General Terms and Conditions.
11.2 AYLAM B.V will respond to the complaint as soon as possible, and in any case within 5 days after having received it. If it is not yet possible for AYLAM B.V to formulate a substantive reaction to the complaint by that time, AYLAM B.V will confirm receipt of the complaint within 5 days after having received it and give an indication of the term within which it expects to be able to give a substantive or definitive reaction to Customer's complaint.
11.3 If Customer is a natural person who is not acting in his or her professional or commercial capacity, it can file a complaint through the European Online Dispute Resolution platform, available at: http://ec.europa.eu/odr/.

12.Liability
12.1 This Article only applies if Customer is a natural person or a legal entity who is acting in a professional or commercial capacity.
12.2 The total liability of AYLAM B.V in respect of Customer due to an attributable failure to perform the Agreement is limited to compensation not exceeding the price stipulated for that particular Agreement (including VAT).
12.3 The liability of AYLAM B.V in respect of Customer for indirect damage or loss, which in any case includes - but is explicitly not limited to - consequential damage, lost profit, lost savings, loss of data and damage due to business interruption, is excluded.
12.4 Aside from the cases referred to in the two previous paragraphs of this Article, AYLAM B.V is not subject to any liability at all in respect of Customer for damages, irrespective of the ground on which the action for damages is based. The restrictions set out in this Article, will, however, cease to apply if and in so far as the damage or loss is the result of an intentional act or gross negligence on the part of AYLAM B.V. 
12.5 AYLAM B.V will only be liable to Customer on account of an attributable failure in the performance of an agreement if Customer issues a proper notice of default to AYLAM B.V without delay stipulating a reasonable period of time in which to remedy the failure, and AYLAM B.V also continues to fail to perform its obligations after that period. The notice of default must contain a description of the failure in as much detail as possible to enable AYLAM B.V to provide an adequate response.
12.6 Any event giving right to compensation is always subject to the condition that Customer reports the damage or loss in writing to AYLAM B.V as soon as possible, but no later than within 3 days after the damage or loss has arisen.
12.7 In the event of force majeure AYLAM B.V is not liable to pay compensation for any damage or loss Customer has incurred as a result.

13.Retention of title

13.1 As long as Business Customer has not made any full payment on the total amount agreed, AYLAM B.V will retain ownership of all the goods delivered (including possible debt collection costs and interest).
13.2 Before the transfer of ownership, Business Customer is not authorized to, other than corresponding to his normal company and normal destination of the goods, sell, deliver or any other way of misappropriation. Furthermore, Business Customer is not allowed to pawn the goods or to give any rights regarding the goods to third parties.
13.3 13.3. Business Customer will observe the brand value of the product, present brand names according to the relevant brands, not disgrace and offer the products to Customers according to the relevant regulations. Business Client can only sell Prof Saracoglu branded Products to Customer.
13.4 Business Customer is obliged to keep any goods that are delivered under reservation of ownership with care and recognizable as property of AYLAM B.V. Business Customer is obliged to conclude agreements with clients (B2C) and is not authorized to act in the name and/or on behalf of AYLAM B.V.
13.5 AYLAM B.V is entitled to withdraw any goods delivered under reservation of ownership and in the possession of Business Customer, if Business Customer has neglected to pay the invoices or has been confronted with payment difficulties.
13.6 Business Customer shall give AYLAM B.V access to his goods at any time to inspect and/or to exercise the rights of AYLAM B.V.

14.Personal details

14.1 AYLAM B.V will process the Customer's personal details in accordance with the privacy statement, which can be found at https://aylam.eu/nl/pages/privacy-policy.

15.Final provisions

15.1 This agreement is governed by the laws of the country of establisment of the webshop (The Netherlands).
15.2 Insofar as not dictated otherwise by mandatory law, any disputes ensuing from the Agreement will be submitted to the competent Dutch court in the district where AYLAM B.V has its registered office.
15.3 If any provision set out in these General Terms and Conditions should prove to be void, this will not affect the validity of the General Terms and Conditions as a whole. In that case, the Parties will lay down one or more new provisions in replacement which will reflect the original provision as much as is possible under the law.
15.3 The term 'written' in these General Terms and Conditions also refers to communication by email and fax, provided that the sender's identity and the integrity of the email message have been sufficiently established.

Contact details

Should you have any questions, complaints or comments after reading these General Terms and Conditions, please contact us by email or letter.

AYLAM B.V
Waddenweg
2134 XL, Hoofddorp

Tel.: +31 624528784
Email: info@aylam.eu

Chamber of Commerce: 78545722
VAT: NL861444322B01