Introduction
Below you will find our Terms and Conditions. These always apply when you use or place an order through our Website. The Terms and Conditions contain important information for you as a buyer. Therefore, please read them carefully. We further recommend that you save or print these terms and conditions so that you can read them again at a later time.
Article 1. Definitions
1.1. Ilmaha: Based in Heerhugowaard and registered with the Chamber of Commerce under registration number 74314181 trading under the name Ilmaha.
1.2. Website: Ilmaha's website, accessed at www.ilmaha.com and all associated subdomains.
1.3. Customer: The Customer who, whether or not acting in the course of a profession or business, enters into an Agreement with Ilmaha and/or has registered on the Website.
1.4. Agreement: Any arrangement or agreement between Ilmaha and Customer, of which agreement the General Terms and Conditions are an integral part.
1.5. General Terms and Conditions: The present General Terms and Conditions.
Article 2. Applicability of General Terms and Conditions
2.1. All offers, Agreements and deliveries of Ilmaha are subject to the General Terms and Conditions, unless expressly agreed otherwise in writing.
2.2. If Customer includes in its order, confirmation or communication containing acceptance provisions or conditions that differ from, or do not appear in, the General Terms and Conditions, these shall be binding on Ilmaha only if and insofar as they are expressly accepted by Ilmaha in writing.
2.3. In the event that specific product or service terms and conditions apply in addition to these General Terms and Conditions, those terms and conditions also apply, but in the event of conflicting terms and conditions, Customer may always rely on the applicable provision that is most favorable to it.
Article 3. Prices and information
3.1. All prices stated on the Website and in other materials originating from Ilmaha include VAT and, unless otherwise stated on the Website, other levies imposed by the government.
3.2. If shipping costs are charged, this will be clearly stated in a timely manner prior to the conclusion of the Agreement. In addition, these costs will be shown separately in the ordering process.
3.3. The content of the Website has been compiled with the utmost care. However, Ilmaha cannot guarantee that all information on the Website is at all times correct and complete. All prices and other information on the Website and in other materials originating from Ilmaha are therefore subject to apparent programming and typing errors.
3.4. Ilmaha cannot be held responsible for (color) deviations due to screen quality.
Article 4. Formation of Agreement.
4.1. The Agreement is established at the moment of acceptance by the Customer of Ilmaha's offer and the fulfillment of the conditions thereby set by Ilmaha.
4.2. If Customer has accepted the offer electronically, Ilmaha will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the Customer has the option to dissolve the Agreement.
4.3. If it appears that incorrect information was provided by Customer when accepting or otherwise entering into the Agreement, Ilmaha has the right to fulfill its obligation only after the correct information has been received.
4.4. Ilmaha may inform itself within legal frameworks whether Customer can fulfill his payment obligations, but also of all facts and factors that are important for a responsible conclusion of the Agreement. If, on the basis of this investigation, Ilmaha has good grounds not to enter into the Agreement, it is entitled to refuse an order or request, while giving reasons, or to attach special conditions to the execution , such as prepayment.
Article 5. Registration
5.1. To make best use of the Website, Customer can register via the registration form/account sign-up option on the Website.
5.2. During the registration process, Customer chooses a username and password with which to log on to the Website after registration. Customer is solely responsible for choosing a sufficiently reliable password.
5.3. Customer must keep his login details, his username and password strictly confidential. Ilmaha is not liable for abuse of the login data and may always assume that a Customer who logs on to the Website is actually that Customer. Everything that happens through Customer's account is the responsibility and risk of Customer.
5.4. If Customer knows or suspects that his login credentials have fallen into the hands of unauthorized persons, he must change his password as soon as possible and/or notify Ilmaha so that Ilmaha can take appropriate measures.
Article 6. Execution of Agreement
6.1. Once the order is received by Ilmaha, Ilmaha will send the products as soon as possible, subject to the provisions of paragraph 3 of this Article.
6.2. Ilmaha is entitled to engage third parties in the performance of its obligations under the Agreement.
6.3. The Website clearly describes, in a timely manner prior to the conclusion of the Agreement, the manner in which delivery will take place and the period within which the products will be delivered. If no delivery period is agreed or stated, products will in any case be delivered within 30 days.
6.4. If Ilmaha is unable to deliver the Products within the agreed period, it will notify Customer. In that case, Customer can agree to a new delivery date or he will be given the opportunity todissolve the agreementfree of charge.
6.5. Ilmaha advises Customer to inspect the delivered products and to report any defects found within a reasonable time, preferably in writing. See article on warranty and conformity.
6.6. Once the products to be delivered have been delivered to the specified delivery address, the risk, where these products are concerned, passes to Customer. If expressly agreed otherwise, the risk shall pass to Customer earlier. If Customerdecides to collect the products, the risk shall pass upon transfer of the products.
6.7. Ilmaha is entitled to supply a product of similar quality as the product ordered, if the product ordered is no longer available. Customer is then entitled to dissolve the Agreement free of charge and return the product free of charge.
Article 7. Right of withdrawal
7.1. This article applies only to the Customer being a natural person not acting in the exercise of his profession or business.
7.2. Customer has the right to dissolve the remotely concluded Agreement with Ilmaha within 14 days after receipt of the product, without giving reasons, free of charge.
7.3. The period begins on the day after the Customer, or a third party designated in advance by the Customer, who is not the carrier, receives the product, or:
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if Customer ordered multiple products in the same order: the day on which Customer, or a third party designated by him, received the last product;
- if the delivery of a product consists of several shipments or parts: the day on which Customer, or a third party designated by him, received the last shipment or part;
- for Agreements for regular delivery of products during a specified period: the day on which Customer, or a third party designated by him, received the first product.
7.4. Customer must bear the return costs himself; if these costs are higher than the regular postal rate, Ilmaha will provide an estimate of these costs. The shipping costs incurred by Customer when purchasing the product are not included in the return costs and remain at Customer's own expense.
7.5. Within the withdrawal period referred to in paragraph 1, Customer shall handle the product and packaging with care. Customer shall only open the packaging and use the product to the extent necessary to inspect the nature, characteristics and operation of products. The starting point here is that this inspection may not go any further than that Customer would be able to do in a physical store.
7.6. Customer is only liable for depreciation of the product resulting from a way of handling the product beyond that permitted in the previous paragraph.
7.7. Customer may rescind the Agreement in accordance with the term set forth in paragraph 1 of this Article by sending the model form for rescission (digitally) to Ilmaha, or otherwise unambiguously notifying Ilmaha that he renounces the purchase. Ilmaha confirms in case of a digital notification the receipt of that notification. After dissolution, Customer still has 14 days to return the product. It is also possible to return the product directly within the cooling-off period stated in paragraph 1 of this Article, provided that the model withdrawal form or other unambiguous declaration for withdrawal is enclosed.
Products can be returned to:
Ilmaha
Fleming Street 12
1704 SL, Heerhugowaard
7.8. Amounts already paid by Customer (in advance) will be refunded to Customer as soon as possible, but at the latest within 14 days after dissolution of the Agreement, in the same manner as Customer paid for the order. If Customer has chosen a more expensive method of delivery than the cheapest standard delivery, Ilmaha does not have to refund the additional costs for the more expensive method. Unless Ilmaha offers to pick up the product itself, Ilmaha may wait to refund until Ilmaha has received the product or until Customer proves that he has returned the product, whichever is earlier.
7.9. On the Website, information on whether or not the right of withdrawal is applicable and any desired procedure is clearly stated in good time before the conclusion of the Agreement.
7.10. The right of withdrawal does not apply to:
- Products created by Entrepreneur in accordance with Customer specifications;
Article 8. Payment
8.1. Customer must make payments to Ilmaha according to the payment methods indicated in the ordering procedure and, if applicable, on the Website. Ilmaha is free in its choice of payment methods and these may also change from time to time. In case of payment after delivery, Customer has a payment term of 14 days starting the day after delivery.
8.2. If the Customer does not timely fulfill his payment obligation(s), he shall, after being notified by the Ilmaha of the late payment and Ilmaha has granted the Customer a period of 14 days to still fulfill his payment obligations, after failure to pay within this 14-day period, owethe statutory interest on the amount still due and Ilmaha is entitled to charge the extrajudicial collection costs incurred by him. These collection costs shall amount to a maximum of: 15% over outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000, with a minimum of € 40. Ilmaha may deviate from said amounts and percentages for the benefit of the Client.
Article 9. Warranty and conformity.
9.1. This article applies only in the case of a Customer not acting in the exercise of his profession or business. If a separate warranty is provided by Ilmaha on the products, without prejudice to the just stated, this applies to all types of Customers.
9.2. Ilmaha guarantees that the products comply with the Agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date the Agreement was concluded . If specifically agreed, Ilmaha also guarantees that the product is suitable for other than normal use.
9.3. If the delivered product does not comply with the Agreement, Customer must notify Ilmaha within a reasonable period of time after discovering the defect.
9.4. If Ilmaha considers the complaint justified, the relevant products will be repaired, replaced or reimbursed after consultation with Customer. The maximum compensation, subject to the Article on liability, is equal to the price paid by Customer for the product.
Article 10. Warranty on business purchases
10.1. Ilmaha guarantees that the products comply with the Agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date the Agreement was concluded . If specifically agreed, Ilmaha also guarantees that the product is suitable for other than normal use. Otherwise, the product is suitable for normal use.
10.2. If the delivered product does not comply with the Agreement upon delivery, Customer must notify Ilmaha within a reasonable period of time after discovering the defect.
10.3. If Ilmaha considers the complaint justified, the relevant products will be repaired, replaced or (partially) reimbursed after consultation with Customer.
Article 11. Complaint Procedure
11.1. If Customer has a complaint about a product (in accordance with Article on warranty and conformity) and/or about other aspects of Ilmaha's services, he can file a complaint with Ilmaha by telephone, e-mail or post. See the contact information at the bottom of the General Conditions.
11.2. Ilmaha will provide Customer with a response to its complaint as soon as possible, but in any event within 14 days of receipt of the complaint. If it is not yet possible to provide a substantive or definitive response, then within 14 days of the receipt of the complaint, Ilmaha will confirm the complaint and provide an indication of the time period within which it expects to provide a substantive or definitive response to Customer's complaint.
11.3. Customer not acting in the exercise of his profession or business may also file a complaint through the European Dispute Resolution Platform, reachable at http://ec.europa.eu/odr/.
Article 12. Liability
12.1. This Article only applies if Customer is a natural person or legal entity acting in the exercise of its profession or business.
12.2. Ilmaha's total liability to Customer for attributable failure to perform the Agreement shall be limited to compensation of no more than the amount of the price stipulated for that Agreement (including VAT).
12.3. Ilmaha's liability to Customer for indirect damages, including in any case - but expressly not limited to - consequential damages, lost profits, missed savings, loss of data and damages due to business interruption, is excluded.
12.4. Apart from the cases mentioned in the previous two paragraphs of this Article, Ilmaha has no liability to the Customer for compensation for damages, regardless of the ground on which an action for compensation for damages would be based. However, the limitations mentioned in this Article shall cease to apply if and insofar as damage is the result of willful intent or gross negligence on Ilmaha's part.
12.5. Ilmaha's liability to the Customer for attributable failure in the fulfillment of an Agreement shall arise only if the Customer immediately and properly gives Ilmaha notice of default in writing, setting a reasonable time for curing the failure, and Ilmaha continues to fail in the fulfillment of its obligations even after that time. The notice of default must contain as detailed a description of the failure as possible , so that Ilmaha is able to respond adequately.
12.6. A condition for the creation of any right to compensation is always that the Customer reports the damage to Ilmaha in writing as soon as possible, but no later than 30 days, after it occurs.
12.7. In the event of force majeure, Ilmaha shall not be obliged to compensate any damage caused to Customer as a result.
Article 13. Retention of title Business Purchases.
13.1. All goods delivered shall remain the property of Ilmaha until all claims Ilmaha has against Business Customer (including any related (collection) costs and interest) are paid in full.
13.2 Before said transfer of ownership Zakelijke Klant is not entitled to sell, deliver or otherwise dispose of these goods other than in accordance with his normal business and the normal purpose of the goods. Furthermore, Zakelijke Klant is not allowed to pledge these goods or grant third parties any other right thereto as long as the ownership of these goods has not been transferred to Zakelijke Klant.
13.3 Business Customer is obliged to keep the items delivered under retention of title carefully and as recognizable property of Ilmaha.
13.4. Ilmaha is entitled to take back the items delivered under retention of title and still in the buyer's possession, if Business Customer does not ensure timely payment of invoices or is or threatens to be in payment difficulties.
13.5. Business Customer shall allow Ilmaha free access to its items at all times for inspection thereof and/or for the exercise of Ilmaha's rights.
Article 14. Personal data
14.1. Ilmaha processes Customer's personal data in accordance with the privacy statement published on the Website.
Article 15. Final Provisions
15.1. The Agreement is governed by Dutch law.
15.2. Unless otherwise prescribed by rules of mandatory law, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in the district where Ilmaha is located.
15.3. If any provision of these General Terms and Conditions proves to be invalid, this shall not affect the validity of the General Terms and Conditions as a whole. The parties will in that case determine (a) new provision(s) to replace it, which will give shape to the intention of the original provision as much as legally possible.
15.4. In these General Conditions, "in writing" also means communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.
Contact details
If you have any questions, complaints or comments after reading these Terms and Conditions, please feel free to contact us in writing or by e-mail.
Ilmaha
Fleming Street 12
1704 SL, Heerhugowaard
Phone: 0614625707
Email: [email protected]
Chamber of Commerce number: 74314181
VAT number: NL859850651B01