Terms of service

Commaxx BV

Business address:

Wiebachstraat 37
6466 NG Kerkrade

E-mail address:

service-alecto@commaxxgroup.com

Chamber of commerce number:

63777002

VAT number:

NL855396763B01

6.1

If an offer will only be valid for a limited period of time or is subject to certain conditions, this will be stated explicitly in the offer.

6.2

The offer will be without obligation. Commaxx BV will be entitled to change the offer and update it.

6.3

The offer will contain a full and accurate description of the products, digital content and/or services offered. The description will contain the level of detail necessary for the consumer to assess the offer properly. If Commaxx BV uses images, they will be a fair reflection of the products, services and/or digital content offered. Obvious mistakes or errors in the offer will not bind Commaxx BV.

6.4

All images, specifications and data in the offer will be indicative and may not prompt the payment of compensation or termination of the contract.

6.5

Commaxx BV will not be able to guarantee that the colours shown correspond exactly with the actual colour of the products.

6.6

Each offer will contain information that makes it clear to the consumer which rights and obligations are attached to acceptance of the offer.

7.1

Subject to the provisions of Paragraph 4, the contract will be concluded when the consumer accepts the offer and compliance has been achieved with the conditions applicable.

7.2

If the consumer accepts the offer electronically,Commaxx BV will confirm its receipt of said acceptance electronically. The consumer will be able to terminate the contract until Commaxx BV confirms receipt of the aforementioned acceptance.

7.3

If the contract is formed electronically, Commaxx BV will put appropriate technical and organisational measures in place to ensure the secure electronic transfer of data and also the security of the web environment. If the consumer is able to pay electronically, Commaxx BV will ensure that all appropriate security measures are in place in this respect.

7.4

To the extent permitted by legal limitations, Commaxx BV will be able to ascertain whether the consumer will be able to meet their payment obligations and also all facts and factors relevant for the responsible conclusion of the distance contract. If the enquiries that Commaxx BV makes give it good reason not to enter into the contract, it will be entitled to refuse an order or request, giving reasons for its refusal, or to attach special conditions to performance.

7.5

When shipping the product or providing the service, Commaxx BV will also include the following information for the consumer, whether in writing or such that the consumer is able to store it on a durable data carrier in an accessible manner:

a. The visiting address of the Commaxx BV branch that the consumer can contact if they have a complaint; b. The conditions under and way in which the consumer is able to exercise their right of withdrawal, or a clear statement about the exclusion of the right of withdrawal; c. Information about warranties and existing after-sales service; d. The data included in Article 4(3) of these General Terms and Conditions, unless Commaxx BV provided the consumer with this data before performing the contract.

7.6

In the event of a continuing performance contract, the provisions of the previous paragraph will only apply to the first delivery.

7.7

Each contract will be entered into under the suspensive condition of sufficient product availability.

8.1

When buying products, the consumer will be able to terminate the contract without giving reasons for doing so within 30 days. This cooling-off period will start on the date on which the product is received by the consumer or by a representative that the consumer has designated for this purpose and of whom Commaxx BV has been notified in advance.

8.2

The consumer will handle the product and its packaging with all due care during the cooling-off period. He/she will only unpack or use the product to the extent necessary to determine the nature, characteristics and performance of the product. The basic principle is that the consumer may only use and inspect the product in the manner permitted in a physical shop.

8.3

The consumer will only be liable for any reduction in the value of the product that ensues from the handling of the product other than permitted in Article 8.2.

8.4

If the consumer exercises their right of withdrawal, they will return the product and all of the accessories supplied in their original condition and packaging if reasonably possible, in accordance with all reasonable and clear instructions that Commaxx BV provides.

8.5

The consumer will only be able to exercise their right of withdrawal if they provide Commaxx BV with an unequivocal statement notifying it of their decision to withdraw from the contract. The consumer will be able to use the appended standard withdrawal form for this purpose. The consumer will be required to notify Commaxx BV that they are exercising their right of withdrawal before the withdrawal period expires. If the consumer wishes to exercise their right of withdrawal, they will be required to notify Commaxx BV of this fact within 30 days of the date on which they received the product. The consumer will be able to notify Commaxx BV of the aforementioned via the Commaxx BV returns programme. Once the consumer has notified Commaxx BV of their wish to exercise their right of withdrawal, they will be required to return the product within 30 days. The consumer will be required to prove that the products delivered were returned on time, which they will be able to do by providing proof of postage, for example. Commaxx BV may be notified of returns via the standard withdrawal form too. Download the standard form.

8.6

If the consumer does not notify Commaxx BV of their wish to exercise their right of withdrawal within the periods of time referred to in the previous paragraphs of this article, the purchase will be a fact.

9.1

If the consumer exercises their right of withdrawal, Commaxx BV will bear the costs involved.

9.2

If the consumer has already paid an amount of money, Commaxx BV BV will refund said amount as soon as possible, within 14 days of withdrawal. However, the product must already have been returned to the online retailer or the consumer must be able to produce conclusive proof that the return has been completed. A refund will be paid to the consumer via the same payment method that the consumer used originally, unless the consumer has given their express permission for a different payment method to be used.

9.3

If the product is damaged due to careless handling by the consumer, they will be liable for any reduction in value of the product.

9.4

It will not be possible to hold the consumer liable for any reduction in value of the product if Commaxx BV has failed to provide them with all legally required information about the right of withdrawal, which Commaxx BV is to do before entering into the purchase contract.

10.1

Commaxx BV will be able to exclude the right of withdrawal that the consumer would otherwise have for the products described in Paragraph 2 below. The right of withdrawal will only be excluded if Commaxx BV clearly states this in the offer or in good time before entering into the contract.

10.2

The right of withdrawal will be exempted in respect of a consumer purchase that involves delivery of the following:

a. Products produced on the basis of specifications provided by the consumer, which are not prefabricated but produced in line with the individual choice or decision of the consumer, or that are clearly intended for a specific person; b. Products for which the price charged will depend on fluctuations in the financial market, which fluctuations Commaxx BV does not have any influence over and may occur within the withdrawal period; c. Products that spoil quickly or have a limited shelf life. d. Sealed products that are not suitable for return, due to health or hygiene reasons, and the seal of which was broken after delivery; e. Products that were, according to their nature, inseparably mixed with other products after delivery; f. Alcoholic beverages for a price agreed on when entering into the purchase contract, but the delivery of which is only possible after 30 days, and the actual value of which will depend on fluctuations in the market, on which fluctuations Commaxx BV does not have any influence; g. Sealed audio and video recordings and computer software, the seal of which was broken after delivery; h. Newspapers, periodicals or magazines, with the exception of a contract for the regular supply of publications of this nature (a subscription).

11.1

During the validity period stated in the offer, the prices of the products in question will not increase, except where necessary due to changes in rates of VAT.

11.2

In derogation from the previous paragraph, Commaxx BV will be able to offer products or services for sale for a variable price if the prices of the products or services in question are subject to fluctuations in the financial market, which fluctuations Commaxx BV is not able to influence. The offer will state that fluctuations are possible and that any prices stated are guide prices.

11.3

Price increases within three months of the date of the formation of the contract will only be permitted if they are the result of statutory regulations or provisions.

11.4

Price increases more than three months after the date on which the contract is formed will only be permitted if stipulated by Commaxx BV and if:

a. they are the result of statutory regulations or provisions; or
b. the consumer has the right to terminate the contract with effect from the date on which the price increase takes effect.

11.5

The prices stated in the offer for products or services will include VAT.

11.6

All prices will be subject to printing and typesetting errors. No liability will be accepted for the consequences of printing or typesetting errors. Printing and typesetting errors will not require Commaxx BV to supply the product in question for the incorrect price.

12.1

Commaxx BV will guarantee that products and services are in compliance with the contract, the specifications provided in the offer, the reasonable requirements of reliability and/or suitability and the statutory provisions and/or government regulations applicable on the date on which the contract is concluded.

12.2

If products have any defects, or the wrong products are delivered, Commaxx BV is to be notified of this in writing within four weeks of the date on which they are delivered. The products will be returned unused and in their original packaging.

12.3

The Commaxx BV warranty period will correspond with the manufacturer's warranty period. However, Commaxx BV will never be responsible for the ultimate suitability of products for each individual application by the consumer, nor for any advice on the use or application of products.

12.4

See our CONSUMER WARRANTY PROVISIONS for the full warranty provisions.

13.1

Commaxx BV will take the utmost care when receiving and filling orders for products.

13.2

The place of delivery will be deemed to be the address that the consumer makes known to Commaxx BV.

13.3

With due observance of the relevant provisions of Paragraph 4 of this article, Commaxx BV will fill accepted orders promptly but always within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or it is not possible to fill all or part of an order, the consumer will be notified of this no later than 30 days after the date on which they placed the order.

13.4

In this situation, the consumer will have the right to terminate the contract free of charge. The consumer will not be entitled to compensation.

13.5

All delivery dates will be approximate. The consumer will not be able to derive any rights from any dates stated. The consumer will not be entitled to compensation if a delivery date is not met.

13.6

If a contract is terminated in accordance with Paragraph 4 of this article, Commaxx BV will refund the amount paid to the consumer as soon as possible but always within 14 days of the termination date at the very latest.

13.7

If it proves impossible to deliver a product that has been ordered, Commaxx BV will undertake to make a replacement article available. The fact that a replacement article is being delivered will be stated in a clear and understandable manner upon delivery at the very latest. The right of withdrawal may not be excluded for replacement articles. Commaxx BV will bear the costs of any returns.

13.8

Unless expressly agreed otherwise, the risk of damage and/or loss of products will lie with Commaxx BV up to the time of delivery to the consumer or a designated representative whose name has been made known to Commaxx BV in advance.

14.1

All correspondence will be sent by e-mail, including but not limited to invoices and any payment reminders.

14.2

The consumer will be required to provide Commaxx BV with an email address via which they can receive e-mails; Commaxx BV must be notified of any changes to this address immediately, in the manner specified by Commaxx BV.

14.3

The consumer will be deemed to have received all emails that Commaxx BV sends to the email address specified by the consumer.

15.1

Goods that Commaxx BV supplies to the consumer will remain its inalienable property until all interest and costs due in respect of them have been paid to Commaxx BV in full.

15.2

If and insofar as Commaxx BV is able to invoke retention of title, it will be able to demand that the consumer return the goods in question at any given time.

15.3

The consumer will not have the right to pledge the goods that fall under the retention of title of Commaxx BV or to encumber them in any other way.

16.1

Contracts entered into between Commaxx BV and the consumer and all offers that www.alectohome.com makes to the consumer will be governed by Dutch law alone, even if all or part of a contract will be performed abroad or if the party involved in the legal relationship resides abroad.

16.2

The Vienna Sales Convention will not apply.

16.3

Any disputes that might ensue from the contracts and offers referred to in Paragraph 1 will be submitted to the competent court in the court district of Limburg.