Terms of service

Contents

1. Definitions
2. Identity of the trader
3. Applicability
4. The offer
5. The contract
6. Right of withdrawal
7. Costs in the event of withdrawal
8. Exclusion of the right of withdrawal
9. Price
10. Conformity and warranty
11. Delivery and performance
12. Continuing contracts: duration, termination and renewal
13. Payment
14. Complaints procedure
15. Disputes
16. Additional or differing provisions

Article 1 - Definitions

In these terms, the following definitions apply:

• Cooling-off period: the period during which the consumer may exercise the right of withdrawal.
• Consumer: a natural person acting outside their trade or profession who enters into a distance contract with the trader.
• Day: calendar day.
• Continuing contract: a distance contract concerning a series of products and/or services, for which the delivery and/or purchase obligations are spread over time.
• Durable medium: any means enabling the consumer or trader to store information addressed personally to them in a way that permits future consultation and unchanged reproduction of the stored information.
• Right of withdrawal: the consumer’s ability to withdraw from the distance contract during the cooling-off period.
• Model form: the model withdrawal form provided by the trader, which the consumer may complete to exercise the right of withdrawal.
• Trader: the natural or legal person offering products and/or services to consumers at a distance.
• Distance contract: a contract concluded under an organised distance sales system for products and/or services, using exclusively one or more means of distance communication up to and including conclusion of the contract.
• Means of distance communication: a means that can be used to conclude a contract without the consumer and trader being present in the same place at the same time.
• General Terms and Conditions: these general terms and conditions of the trader.

Article 2 - Identity of the trader

Acai Amsterdam / Brazil Abroad
Emanzana 9, 1103 AV Amsterdam
+31 (0)6 341 42 080
VAT number: NL868434097B01
Chamber of Commerce number: 98294628
info@acaiamsterdam.nl

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.
2. Before the distance contract is concluded, these terms will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before conclusion of the contract that the terms are available for inspection at the trader’s premises and will be sent free of charge as soon as possible on request.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph, these terms may be made available electronically before conclusion of the contract in a way that allows the consumer to store them easily on a durable medium. If this is not reasonably possible, the consumer will be informed before conclusion of the contract where the terms can be consulted electronically and that they will be sent electronically or otherwise free of charge on request.
4. If specific product or service terms apply in addition to these terms, paragraphs 2 and 3 apply accordingly. In the event of conflicting terms, the consumer may always rely on the applicable provision most favourable to them.
5. If one or more provisions are wholly or partly void or annulled at any time, the remainder of the contract and these terms remains in force. The provision concerned will promptly be replaced by mutual agreement with a provision that reflects the purpose of the original as closely as possible.
6. Situations not covered by these terms must be assessed in the spirit of these terms.
7. Uncertainties about the interpretation or content of one or more provisions must be interpreted in the spirit of these terms.

Article 4 - The offer

1. If an offer has a limited validity period or is subject to conditions, this will be expressly stated in the offer.
2. The offer is non-binding. The trader may change or amend it.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to assess the offer properly. Images used by the trader represent the products and/or services truthfully. Obvious mistakes or errors in the offer do not bind the trader.
4. All images, specifications and information in the offer are indicative and cannot give rise to compensation or termination of the contract.
5. Product images represent the products truthfully. The trader cannot guarantee that displayed colours exactly match the actual colours.
6. Each offer contains information making the rights and obligations associated with accepting the offer clear to the consumer, in particular:
   • the price including taxes;
   • any shipping costs;
   • how the contract will be concluded and the actions required;
   • whether the right of withdrawal applies;
   • the method of payment, delivery and performance;
   • the period for accepting the offer or the period during which the price is guaranteed;
   • the cost of distance communication if calculated on a basis other than the normal basic rate for the means of communication used;
   • whether the contract will be archived after conclusion and, if so, how the consumer can access it;
   • how the consumer can check and, if desired, correct information provided for the contract before concluding it;
   • any languages other than Dutch in which the contract may be concluded;
   • the codes of conduct to which the trader subscribes and how the consumer can consult them electronically; and
   • the minimum duration of the distance contract in the case of a continuing contract.

Article 5 - The contract

1. Subject to paragraph 4, the contract is concluded when the consumer accepts the offer and fulfils its conditions.
2. If the consumer accepts the offer electronically, the trader will promptly acknowledge receipt electronically. Until the trader confirms this acceptance, the consumer may terminate the contract.
3. If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure electronic data transfer and provide a safe online environment. If electronic payment is available, the trader will take appropriate security measures.
4. Within the limits of the law, the trader may investigate whether the consumer can meet their payment obligations and any facts and factors relevant to responsibly concluding the distance contract. If this investigation gives good grounds not to conclude the contract, the trader may refuse an order or application with reasons or attach special conditions to performance.
5. The trader will provide the following with the product or service, in writing or in a form the consumer can access and store on a durable medium:
   • the visiting address of the trader’s establishment where complaints may be submitted;
   • the conditions and procedure for exercising the right of withdrawal, or a clear statement that it is excluded;
   • information about warranties and existing after-sales service;
   • the information referred to in Article 4 paragraph 3, unless already provided before performance of the contract;
   • the requirements for termination if the contract lasts more than one year or has an indefinite duration.
6. For a continuing contract, the preceding paragraph applies only to the first delivery.
7. Every contract is subject to the suspensive condition that the products concerned are sufficiently available.

Article 6 - Right of withdrawal

Supply of products

1. When purchasing products, the consumer may terminate the contract without giving reasons within 14 days. This cooling-off period starts on the day after receipt by the consumer or a representative designated in advance by the consumer and notified to the trader.
2. During this period, the consumer must handle the product and packaging carefully. The product may only be unpacked or used as necessary to assess whether to keep it. When exercising the right of withdrawal, the consumer must return it with all supplied accessories and, where reasonably possible, in its original condition and packaging, following the trader’s reasonable and clear instructions.
3. The consumer must notify the trader of withdrawal within 14 days of receiving the product, using the model form or another means of communication such as email. After giving notice, the consumer must return the product within 14 days. The consumer must demonstrate that the goods were returned on time, for example by providing proof of dispatch.
4. If the consumer has not notified the trader of withdrawal or returned the product within the periods referred to in paragraphs 2 and 3, the purchase becomes final.

Supply of services

1. For services, the consumer may terminate the contract without giving reasons for at least 14 days from the date the contract is concluded.
2. To exercise this right, the consumer must follow the reasonable and clear instructions provided by the trader with the offer and/or no later than delivery.

Article 7 - Costs in the event of withdrawal

1. The consumer bears the direct costs of returning the product.
2. If the consumer has paid an amount, the trader will refund it as soon as possible and no later than 14 days after withdrawal, provided the product has been received back or conclusive proof of complete return has been supplied. The refund will use the same payment method as the consumer used unless the consumer expressly agrees to another method.
3. If the consumer damages the product through careless handling, they are liable for any reduction in its value.
4. The consumer cannot be held liable for a reduction in value if the trader failed to provide all legally required information about the right of withdrawal before conclusion of the purchase contract.

Article 8 - Exclusion of the right of withdrawal

1. The trader may exclude the right of withdrawal for products described in paragraphs 2 and 3. Exclusion applies only if clearly stated in the offer or otherwise in good time before conclusion of the contract.
2. Exclusion is possible only for products:
   • made by the trader to the consumer’s specifications;
   • clearly personal in nature;
   • which by their nature cannot be returned;
   • which may deteriorate or expire rapidly;
   • whose price depends on financial-market fluctuations beyond the trader’s control;
   • individual newspapers and magazines;
   • audio and video recordings and computer software whose seal the consumer has broken;
   • hygiene products whose seal the consumer has broken.
3. Exclusion is possible only for services:
   • relating to accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;
   • whose performance began with the consumer’s express consent before the cooling-off period expired;
   • relating to betting and lotteries.

Article 9 - Price

1. During the validity period stated in the offer, prices will not increase except as a result of changes in VAT rates.
2. Notwithstanding the previous paragraph, products or services whose prices depend on financial-market fluctuations beyond the trader’s control may be offered at variable prices. This dependence and the fact that any quoted prices are indicative will be stated in the offer.
3. Price increases within 3 months of conclusion of the contract are allowed only if they result from statutory rules or provisions.
4. Price increases after 3 months are allowed only if the trader has stipulated this and:
   • they result from statutory rules or provisions; or
   • the consumer may terminate the contract with effect from the date the increase takes effect.
5. Prices quoted for products or services include VAT.
6. All prices are subject to printing and typesetting errors. No liability is accepted for their consequences. The trader is not obliged to supply a product at an incorrect price resulting from such an error.

Article 10 - Conformity and warranty

1. The trader guarantees that products and/or services comply with the contract, the specifications in the offer, reasonable requirements of quality and/or usability and the statutory provisions and/or government regulations in force when the contract was concluded. If agreed, the trader also guarantees suitability for uses other than normal use.
2. A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims the consumer may assert against the trader under the contract.
3. The statutory warranty applies to all products. Its duration may vary according to the nature of the product.
4. Defects or incorrectly delivered products must be reported to the trader in writing within 2 months of discovery.
5. The warranty does not apply if:
   • the consumer has repaired or altered the supplied products, or had third parties do so;
   • the products have been exposed to abnormal conditions, otherwise handled carelessly, or handled contrary to the trader’s instructions and/or packaging instructions;
   • the defect results wholly or partly from government requirements concerning the nature or quality of the materials used.

Article 11 - Delivery and performance

1. The trader will exercise the greatest possible care when receiving and fulfilling product orders and assessing applications for services.
2. Delivery will take place at the address the consumer has provided to the business.
3. Subject to paragraph 4, accepted orders will be fulfilled promptly and no later than 30 days, unless the consumer agrees to a longer delivery period. If delivery is delayed or an order cannot be fulfilled or can only be partly fulfilled, the consumer will be informed no later than 30 days after placing the order. The consumer may then terminate the contract without charge. The consumer is not entitled to contractual compensation.
4. All delivery periods are indicative. The consumer cannot derive rights from stated periods. Exceeding a period does not entitle the consumer to contractual compensation.
5. Following termination under paragraph 3, the trader will refund the amount paid as soon as possible and no later than 14 days after termination.
6. If delivery of an ordered product proves impossible, the trader will endeavour to provide a replacement. No later than delivery, the consumer will be clearly informed that a replacement is being supplied. The right of withdrawal cannot be excluded for replacement products. Any return shipping costs will be borne by the trader.
7. The risk of damage and/or loss remains with the trader until delivery to the consumer or a representative designated in advance and notified to the trader, unless expressly agreed otherwise.

Article 12 - Continuing contracts: duration, termination and renewal

Termination

1. The consumer may terminate an indefinite contract for regular supplies of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate a fixed-term contract for regular supplies of products (including electricity) or services at the end of its fixed term, subject to the agreed termination rules and a notice period of no more than one month.
3. The consumer may terminate these contracts:
   • at any time, without being restricted to a particular time or period for giving notice;
   • at least by the same method used to conclude them;
   • with the same notice period as the trader has stipulated for itself.

Renewal

1. A fixed-term contract for regular supplies of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
2. As an exception, a fixed-term contract for regular supplies of daily newspapers, news publications, weekly newspapers and magazines may be tacitly renewed for a maximum of three months if the consumer may terminate at the end of the renewal with no more than one month’s notice.
3. A fixed-term contract for regular supplies of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with no more than one month’s notice. For regular deliveries of daily newspapers, news publications, weekly newspapers and magazines less often than once a month, the maximum notice period is three months.
4. A limited-duration introductory or trial subscription for regular supplies of daily newspapers, news publications, weekly newspapers and magazines will not continue tacitly and ends automatically after the trial or introductory period.

Duration

If a contract lasts more than one year, the consumer may terminate it at any time after one year with no more than one month’s notice, unless reasonableness and fairness preclude termination before the end of the agreed term.

Article 13 - Payment

1. Unless agreed otherwise, amounts owed by the consumer must be paid within 7 working days after the cooling-off period referred to in Article 6 paragraph 1 begins. For a service contract, this period begins after the consumer receives confirmation of the contract.
2. The consumer must promptly notify the trader of inaccuracies in payment details provided or stated.
3. If the consumer fails to pay, the trader may, subject to statutory restrictions, charge reasonable costs disclosed to the consumer in advance.

Article 14 - Complaints procedure

1. The trader has a sufficiently publicised complaints procedure and handles complaints accordingly.
2. Complaints about performance of the contract must be submitted to the trader within 2 months after the consumer discovers the defects, with a complete and clear description.
3. Complaints will be answered within 14 days of receipt. If a complaint is expected to require more time, the trader will acknowledge receipt within 14 days and indicate when a more detailed response can be expected.
4. If a complaint cannot be resolved by mutual agreement, it becomes a dispute eligible for the dispute-resolution procedure.
5. The consumer should first contact the trader. If the online shop is affiliated with WebwinkelKeur and the complaint cannot be resolved by mutual agreement, the consumer should contact WebwinkelKeur, which will mediate free of charge. Current membership can be checked through the WebwinkelKeur members list. If no solution is reached, the consumer may refer the complaint to the independent disputes committee appointed by WebwinkelKeur. Its decision is binding, and both trader and consumer agree to be bound by it. Referral to this committee involves costs payable by the consumer to the committee.
6. A complaint does not suspend the trader’s obligations unless the trader states otherwise in writing.
7. If the trader finds a complaint justified, it will, at its discretion, replace or repair the supplied products free of charge.

Article 15 - Disputes

1. Contracts between the trader and consumer covered by these terms are governed exclusively by Dutch law, including when the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

Article 16 - Additional or differing provisions

Additional provisions or provisions differing from these terms may not be to the consumer’s disadvantage and must be recorded in writing or in a way that the consumer can access and store on a durable medium.