Article 1: Definitions
Actual Amsterdam, located at Maastricht, Chamber of Commerce number 94521360, is referred to as the seller in these terms and conditions.
The counterparty of the seller is referred to as the buyer.
The seller and the buyer are collectively referred to as the parties.
The agreement refers to the sales agreement between the parties.
Article 2: Applicability of Terms and Conditions
These terms apply to all offers, agreements, and deliveries of goods or services by or on behalf of the seller.
Deviations from these terms are only valid if expressly and in writing agreed upon by the parties.
Article 3: Payment
The full purchase price must be paid immediately when placing an order.
If the buyer does not pay on time, the buyer is in default. In that case, the seller is entitled to suspend obligations until the buyer has fulfilled payment obligations.
In the event of liquidation, bankruptcy, seizure, or suspension of payment, the seller’s claims on the buyer are immediately due and payable.
Article 4: Offers, Quotes, and Price
Offers are non-binding unless a period for acceptance is stated. If an offer is not accepted within the specified period, it will lapse.
Delivery times in offers are indicative. The buyer has no right to dissolution or compensation for delays unless agreed upon in writing.
Prices listed on the website include VAT and any other government levies.
Article 5: Right of Withdrawal
The buyer has the right to dissolve the agreement within 30 days without giving any reason. The period starts when the complete order is received by the buyer.
There is no right of withdrawal for customized products.
During the withdrawal period, the buyer will handle the product and packaging with care.
Article 6: Modification of Agreement
If it becomes clear during execution that changes or additions are necessary, parties will amend the agreement accordingly in mutual consultation.
Changes may affect delivery times, and the seller will notify the buyer as soon as possible.
Article 7: Delivery and Risk Transfer
Once the buyer takes possession of the purchased items, the risk transfers from the seller to the buyer.
Article 8: Inspection and Complaints
The buyer must inspect the delivered items upon receipt. Complaints must be reported in writing within 14 days of delivery.
Article 9: Delivery
Delivery is ‘ex warehouse,’ meaning the buyer bears all costs.
Article 10: Force Majeure
In the event of force majeure, the seller is not liable for damages.
Article 11: Liability
Seller's liability is limited to the purchase price unless the damage is caused by intent or gross negligence.
Article 12: Applicable Law
Dutch law applies to all agreements. Disputes will be submitted to the competent court in the Netherlands.