Terms & Conditions
Article 1 Definitions
The Customer's personal environment, accessible via the website by means of entering the login information;
AGU B.V., established and holding offices in (1812 RK) Alkmaar at Koraalstraat 1, and registered in the trade registry of the Chamber of Commerce under number 37047754;
These general conditions of AGU;
The username and password selected by the Customer with which the Customer obtains access to his Account;
All intellectual property rights and associated rights such as copyrights, trademark rights, design rights, patent rights, trade name rights, database rights and related rights, along with know-how;
The natural person who uses AGU's Website and who has purchased or wishes to purchase a Product via the Website;
The agreement between the Customer and AGU concluded via the Website, on the basis of which the Customer purchases a Product from AGU;
The products that AGU offers for sale via the Website, including cycling clothing and bags, outdoor clothing and accessories;
The website www.agu.com, along with all underlying webpages.
Article 2 Applicability
1. These General Conditions apply to every offering made by AGU on the Website, to every Agreement concluded via the Website and to every use of the Website.
2. AGU can change and/or supplement these General Conditions at any time. Changes do not apply to Agreements already concluded. The most up-to-date version of the General Conditions can be found on the Website and are brought to the Customer's attention during the use of the Website. Should the Customer not agree to the changed and/or supplemented General Conditions, then the Customer need not order the Product. In the event of continued use, the Customer accepts the most recent version of these General Conditions published on the Website.
Article 3 Account
1. In order to order Products on the Website, the Customer can create an Account on the Website. An Account can be created by going through the registration process on the Website. Creating an account in the name of another person or entity or for the purposes of another is not permitted.
2. During the registration process, the Customer is asked to provide certain information. The Customer guarantees to AGU and is himself responsible for ensuring that the information he provides when creating his Account is correct, complete and current. Should the Customer's information no longer be correct, complete or current, for any reason whatsoever, then the Customer must change his information immediately.
3. During the registration, the Customer must also provide Login information with which access to his Account can be obtained. The Customer is himself responsible for keeping his Login information secret. The Customer is not permitted to provide his Login information to third parties or to provide third parties with access to his Account in any manner whatsoever. The Customer is responsible and liable for any use that is made of his Account via the Login information.
4. As soon as the Customer knows or has reason to suspect that the Login information has ended up in the hands of unauthorised parties, the Customer must notify AGU of this immediately, without prejudice to his own obligation to take immediate and effective measures himself, such as changing the Login information.
5. AGU retains the right to change the login procedure and/or the Customer's Login information if it considers this necessary in the interest of the Website's functioning or the security of the Account.
6. The Customer has the right to terminate his Account at any time. Should the Customer not act in accordance with these General Conditions, AGU is authorized to terminate the Account immediately without owing the Customer any compensation. Termination of the Account shall have no effect on Agreements already concluded.
Article 4 Offer and conclusion of Agreement
1. The Agreement comes about by completing the ordering process on the Website, with the acceptance of these General Conditions being a part of this.
2. AGU is not bound by apparent errors and typos in the offering on the Website. The Customer acknowledges that the Product delivered may deviate to a limited degree from the information given on the Website, including the images.
3. AGU Retains the right to adapt the product or remove it from its Website at any moment, without AGU's being able to be held liable for this.
4. The Customer guarantees to AGU that the information he provides when going through the ordering process is correct, complete and current. The Customer acknowledges and understands that the correctness, completeness and actuality of the information provided is of significant importance to AGU, for purposes of delivering the Products delivered, among others.
Article 5 Price and payment
1. All prices are stated in euro and include sales tax (VAT). The Website shall make notice of any additional costs such as shipping costs or payment costs or other governmental charges.
2. The stated price of the Product applies the moment that this is displayed on the Website. AGU retains the right to increase or decrease the prices of Products at any time. Such increases or decreases have no effect on Products that have already been ordered but which are not yet delivered.
3. The Customer can pay the price owed in the manner indicated on the Website. If the Customer has not selected a payment method beforehand, then the payment shall take place within 14 days after the date of invoice, unless stated otherwise on the invoice.
4. If the Customer has not paid the amount owed within the deadline set for this, then the Customer is automatically in default without the requirement of notification. Starting from that moment, the Customer also owes statutory interest on the unpaid amount up to the moment of complete payment.
5. If the Customer remains in default of payment of the amount owed after a reminder or dunning notice from AGU, then AGU retains the right to assign the collection to a third party. In that case, all costs incurred by AGU in connection with the late payments, including the costs of proceedings and (extra) judicial costs, including but not limited to the costs for legal assistance, bailiffs and collection agencies, shall be charged to the Customer.
Article 6 Delivery
1. The delivery deadlines indicated on the Website and/or during the ordering process are indicative and cannot be considered legal deadlines.
2. AGU shall deliver the Products ordered by the Customer at the (delivery) address indicated by the Customer. If the Customer orders multiple Products, then AGU is entitled to make partial deliveries.
3. If compliance by AGU is impossible (either permanently or temporarily), then AGU shall inform the Customer of this as quickly as possible. AGU shall either offer the Customer an alternative Product, or offer the opportunity to dissolve the Agreement. In the event of dissolution of the Agreement, AGU shall refund within 30 days the amount corresponding to the non-delivered Products that the Customer had already paid.
4. All of the Products delivered by AGU remain the property of AGU or its suppliers until the Customer has paid the amount owed in full, including any interest and collection costs that are owed.
5. AGU points out that the Product must correspond with the Agreement. Should a delivered Product not comply with the Agreement, then AGU shall replace the Product at no charge and within a reasonable time. After the Customer has notified AGU of the nonconformity.
Article 7 Dissolution
1. Within 14 days after the receipt of the Product, the Customer has the right to dissolve the Agreement without providing reasons, unless one of the exceptions in article 6:230p of the (Dutch) Civil Code applies. If the right of dissolution applies, then the Customer can exercise this right by filling in the model form for dissolution, as provided by AGU on its website, and by returning this form - together with the Products delivered but not desired by the Customer - to AGU.
2. In the event of dissolution on grounds of paragraph 1 of Article 7, the Customer is obliged to return the Product delivered but not desired by the Customer as quickly as possible, and in any case within 14 days after the declaration of dissolution. The costs of the return shipment are at the Customer's expense.
3. In the event of dissolution on grounds of paragraph 1 of Article 7, AGU shall refund the amount paid by the Customer on the basis of the Agreement within 14 days after receipt of the declaration of dissolution. AGU is entitled to deduct the decrease in value of the Product from the amount to be refunded, to the extent that that decrease in value is the result of the Customer's use that goes further than is required to establish the nature, characteristics and working of the Product.
4. If the Customer has chosen a different method of shipment than the standard method of shipment, then AGU shall refund only the cost of standard shipment.
5. The Customer acknowledges and accepts that he has no right on grounds of article 6:230p of the (Dutch) Civil Code to dissolution of the delivery of Products that are not suitable for return for reasons of health protection or hygiene and whose packaging has been broken after the shipment.
Article 8 Privacy
1. When visiting the Website, placing an order or indicating Login information, (personal) information is supplied to AGU. This (personal) information shall be processed in accordance with AGU's privacy statement and applicable laws and regulations.
Article 9 Conformity
1. If a Product does not comply with the Agreement, then AGU shall, at its option, repair the Product at no charge and within a reasonable time period or, in the event of a missing Product or missing parts of this, shall deliver nonetheless. If repair is not possible or cannot be expected of AGU, then AGU shall replace the Product.
2. If AGU has not repaired the Product within a reasonable time period, then the Customer is entitled to turn to another party for repair. AGU shall then compensate reasonable costs that this third-party incurs with respect to the repair.
3. An appeal to the Product's non-compliance with the Agreement is not possible if it was already known or could reasonably have been known to the Customer upon the conclusion of the Agreement that there was a defect, or if the nature of the purchased Product or the nature of the defect is contrary to this.
4. A condition for the existence of any right to compensation (of damages) shall always be that the Customer notify AGU in writing (understood to include email) of the damage as quickly as possible after its occurrence. Every claim against AGU for compensation of damages lapses simply by the passage of twelve (12) months after the occurrence of the claim.
Article 10 Various
1. AGU may transfer the Agreement and/or the rights and obligations arising from the Agreement to third parties, or may hire third parties to execute its rights and/or obligations pursuant to the Agreement. AGU shall notify the Customer of any transfer of the Agreement to a third party in a timely manner. Should the Customer consider the transfer to a third-party unacceptable, then the Customer can dissolve the Agreement.
2. The Customer may not transfer the rights and obligations arising from the Agreement to third parties.
3. The use of the Website, these General Conditions and/or the Agreement are subject solely to Dutch law.
4. Insofar as Domestic or international legal rules do not forcefully prescribe otherwise, all disputes arising from or connected with the Website, these General Terms and Conditions and/or the Agreement shall be brought only before the competent court in Amsterdam, unless the Customer indicates in writing within one month after AGU has invoked this provision that he wishes to settle the dispute in a court appointed by law.