AMERICA TODAY– GENERAL TERMS AND CONDITIONS

Contents

Article 1 - Definitions

In these general terms and conditions, the following terms shall be defined as:

  • Reflection period: the period wherein the Consumer can exercise their right of withdrawal/cancellation;
  • Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with America Today;
  • Day: a calendar day;
  • Right of withdrawal/cancellation: the Consumer’s option included in Article 6 to cancel the Agreement within the 30-day Reflection Period;
  • America Today: the legal person AT B.V. who offers products remotely to Consumers via the Webshop;
  • Contract: the distance contract concluded between America Today and the Consumer via the Webshop.
  • Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions;
  • Webshop: the website www.america-today.nl

Article 2 - America Today Identity

Name of trader: AT B.V.

In these general terms and conditions, the trader will be referred to as “America Today”.

Registered office:
AT B.V.
Diemermere 1
1112 TA Diemen

Telephone number: 020-5602601
Availability: Monday to Friday from 9.00 a.m. to 5.00 p.m.
Email address: service@america-today.com

CCI number: 34182717
VAT number: NL 8117.89.755.B01

Article 3 - Applicability

  1. These general terms and conditions apply to every offer made by America Today and to every distance contract concluded between America Today and the Consumer. Prior to the conclusion of the Contract, the contents of these general terms and conditions shall be made available to the Consumer. If this is not reasonably possible, America Today will indicate, before the Contract is concluded, how the general terms and conditions can be viewed at America Today and that they will be sent free of charge as soon as possible at the request of the Consumer.
  2. If the Contract is concluded electronically, notwithstanding the previous paragraph and before the Contract is concluded, the text of these general terms and conditions can be made available electronically to the Consumer in such a way that it can be easily accessed by the Consumer when stored on a durable data carrier. If this is not reasonably possible, before the Contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the Consumer electronically or otherwise.
  3. In the event that specific product conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the Consumer can always invoke the applicable provision that is most favorable to them in the event of conflicting conditions.
  4. America Today reserves the right to unilaterally change these terms and conditions. The most recent version of these general terms and conditions will be made available via the Webshop. The version of the general terms and conditions that applies to an order is the version that can be found on the Webshop at the time of placing the order by the Consumer.

Article 4 - The offer

  1. The products offered on the Webshop constitute an offer to the Consumer on the basis of the data provided on the Webshop.
  2. If an offer is of limited duration or is made subject to conditions, this shall be expressly stated in the offer.
  3. The offer contains a complete and accurate description of the products offered to enable a proper assessment of the offer by the Consumer. If America Today uses images, these are a true reflection of the products offered. However, America Today cannot guarantee that the color(s) of products as displayed exactly match the actual color(s) of the products.
  4. Obvious mistakes or obvious errors in the offer are not binding for America Today.

Article 5 - The Contract

  1. The Contract comes into being, subject to that which is stipulated in paragraph 4, at the moment at which the Consumer accepts the offer and fulfills the terms and conditions laid down.
  2. If the Consumer has accepted the offer electronically, America Today will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by America Today, the Consumer may dissolve the Contract.
  3. If the Contract is concluded electronically, America Today shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the Consumer is able to pay electronically, America Today will take the appropriate security measures.
  4. America Today may, within legal frameworks, inform the Consumer about their payment obligations, as well as about all those facts and factors that are important for a sound conclusion of the Contract. If, on the basis of this investigation, America Today has good reason not to enter into the Contract, they are entitled to refuse an order or application or to attach special conditions to the implementation.
  5. No later than upon delivery of the product shall America Today send the Consumer the following information, in writing or in such a way that the Consumer can store it in an accessible manner on a durable data carrier:
    • the conditions for and the way in which the Consumer may exercise the right of withdrawal/cancellation, or a clear statement concerning the exclusion of the right of withdrawal/cancellation;
    • information on warranties and existing after-sales services;
    • the price, including all taxation for the product; where applicable the costs of delivery; and the type of payment, withdrawal or performance of the Contract;
    • if the Consumer has a right of withdrawal/cancellation, the model withdrawal form.

Article 6 - Reflection Period

  1. The Consumer can dissolve a Contract for the purchase of a product during a reflection period of 30 days without stating reasons. America Today may ask the Consumer about the reason for withdrawal, but may not oblige the Consumer to state their reason(s).
  2. The reflection period referred to in paragraph 1 commences on the day after the Consumer, or a third party designated by the Consumer in advance and not being the carrier, has received the product, or:
    • if the Consumer has ordered multiple products in the same order: the day on which the Consumer, or a third party designated by them, has received the last product. America Today may, provided they have clearly informed the Consumer of this prior to the ordering process, refuse an order for multiple products with varying delivery time;
    • if the delivery of a product consists of several shipments or parts: the day on which the Consumer, or a third party designated by them, has received the last shipment or the last part.

Artikel 7 - Article 7 - Consumer obligations during the Reflection Period

  1. During the Reflection Period, the Consumer will treat the product and packaging with care. They shall only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the Consumer may only handle and inspect the product as they would be allowed to do in a shop.
  2. The Consumer shall only be liable for any depreciation of the product resulting from a manner of handling the product that goes beyond what is permitted in paragraph 1.

Article 8 - Exercising the right of withdrawal/cancellation by the consumer and costs thereof

  1. If the Consumer wishes to cancel the Contract, he must notify America Today within the Reflection Period referred to in Article 6. For this, the Consumer can use the enclosed return form and return this completed form together with the undesired products to America Today within 30 days of receipt of the entire order.
  2. The Consumer can also inform America Today in any other way within the Reflection Period referred to in Article 6 that they wish to make use of their statutory right of withdrawal, for example by means of the model withdrawal form (see appendix) or in another unambiguous manner (for example, by post or email). As soon as possible, but within 14 days from the day following the notification referred to in paragraph 2, the Consumer shall return the product or hand it over to (an authorized representative of) America Today. The Consumer is considered to have complied with the Return Period if they return the product before the Reflection Period has expired.
  3. The Consumer shall return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by America Today.
  4. The risk and burden of proof of the correct and timely exercise of the right of withdrawal/cancellation shall lie with the Consumer.
  5. If the Consumer makes use of the Right of Withdrawal/Cancellation, part of the costs of return will be borne by America Today. The Consumer contributes EUR 1.95 to the costs of return if they return the products via a carrier designated by America Today. If the Consumer returns the products in another way, the costs for this alternative return will be fully borne by the Consumer and America Today will not charge the EUR 1.95 contribution.

Article 9 - America Today obligations in the event of a withdrawal/cancellation

  1. If America Today makes the notification of withdrawal by the Consumer possible electronically, it shall send an acknowledgement of receipt of this notification without delay.
  2. America Today shall reimburse all payments made by the Consumer, including any delivery costs charged by America Today for the returned product, without undue delay but within 14 days from the day on which the Consumer notifies it of the withdrawal/cancellation. In the event that the Consumer wishes to keep certain products and thus only part of the order is to be returned, the delivery costs are then not credited. Unless America Today offers to collect the product itself, it may wait with the repayment until it has received the product or until the Consumer proves that they have sent the product back, whichever comes first.
  3. America Today shall use the same payment method that the consumer has used for repayment, unless the Consumer agrees to a different method. The refund is free of charge for the Consumer.
  4. If the Consumer returns goods to America Today and they return goods that are not from America Today, America Today will keep these goods for a period of 6 weeks after receipt. The Consumer can retrieve the incorrectly returned goods during this period at America Today. After the earliest of these 6 weeks, America Today is entitled to give away the goods to a good cause.

Article 10 - The price

  1. During the validity period mentioned in the offer, the prices of the products offered will not be increased, except for price changes due to changes in VAT rates.
  2. The prices mentioned in the offer of products or services include VAT.

Article 11 - Conformity and warranty

  1. If a product does not comply with the Contract, the Consumer receives the purchase amount (including shipping costs if it concerns the entire order) and any return costs. The Consumer is required to make this known as soon as possible using the attached return label or via customer service. If the product is still available, the Consumer can also choose to receive a replacement product with the help of customer service without the charge of (extra) shipping costs.
  2. An additional warranty provided by America Today, its supplier, manufacturer or importer never limits the legal rights and claims that the Consumer can enforce against America Today on the basis of the contract if America Today has failed to fulfill its part of the Contract.
  3. By additional warranty is meant any commitment from America Today, their supplier, importer or manufacturer in which they grant the Consumer certain rights or claims that go beyond what they are legally obligated to do in case they fail to fulfil their part of the Contract.
  4. However, America Today is not responsible for defects that arise after delivery of the products as a result of incompetent use or lack of care, or that are the result of changes that the Consumer or a third party has made to the product. Nor does America Today guarantee any damage that may arise as a result of these defects.

Article 12 - Delivery and performance

  1. America Today will take the greatest possible care when receiving and carrying out orders for products.
  2. The place of delivery is the address that the Consumer has made known to America Today.
  3. Subject to what is stated in Article 4 of these General Terms and Conditions, America Today shall carry out accepted orders expeditiously but at the latest within 7 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot be filled or can be filled only partially, the Consumer will be informed about this within 14 days after they have placed the order. In that case, the Consumer has the right to dissolve the Contract for the part that it cannot be performed, without costs.
  4. After dissolution in accordance with the previous paragraph, America Today will refund the amount that the Consumer has paid without delay, but at the latest within 14 days after dissolution.
  5. >If delivery of an ordered product proves impossible, America Today will only be obliged to deduct or refund the costs of the product concerned from the total costs.
  6. The risk of damage and/or loss of products rests with America Today up to the moment of delivery to the Consumer or a representative previously designated and announced to America Today, unless otherwise expressly agreed.

Article 13 - Payment

  1. The Consumer must make payments to America Today in accordance with the methods specified in the order procedure on the Webshop.
  2. America Today reserves the right to only accept certain types of payment, or to refuse a transaction, if address or credit checks are negative.
  3. Any amounts (still) owed by the Consumer after the delivery of the products must be paid within 30 days after the Reflection Period as referred to in Article 6 has commenced.
  4. The Consumer is obliged to immediately report inaccuracies in payment data provided or mentioned to America Today.
  5. If the Consumer does not meet their payment obligation(s) on time, they will, after being notified by America Today of the late payment and after America Today has given the Consumer a period of 14 days to still meet their payment obligations, and after failing to pay within this 14-day period, owe statutory interest on the amount due and America Today is entitled to forward the charges for the extrajudicial collection costs. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. America Today may deviate from the aforementioned amounts and percentages in favor of the Consumer.

Article 14 - Complaints procedure

  1. America Today has a sufficiently publicized complaints procedure and deals with the complaint in accordance with this complaints procedure.
  2. Complaints about the performance of the Contract must be submitted to America Today with clear description and in full within a reasonable time after the Consumer has found the defects.
  3. Complaints submitted to America Today shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, America Today will respond within 14 days with a notice of receipt and an indication of when the Consumer can expect a more detailed answer.
  4. A complaint about a product or service from America Today can also be submitted via a complaint form on the Consumer page on the Webshop.
  5. The Consumer must give America Today at least four weeks to resolve the complaint in mutual consultation.

Article 15 - Disputes

  1. Only Dutch law applies to contracts between America Today and the Consumer to which these general terms and conditions apply.
  2. All disputes arising from the contract can only be submitted to the competent court in Amsterdam.

Article 16 - Additional or deviating provisions

  1. Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the Consumer and must be laid down in writing or in such a way that the Consumer can store them in an accessible manner on a durable data carrier..
  2. Amendments to these general terms and conditions shall only take effect after they have been published in the appropriate manner, on the understanding that, in the event of applicable amendments during the term of an offer, the provision that is most favorable to the Consumer shall prevail..
  3. If any part of these general terms and conditions is held to be invalid or void, this shall not affect the validity of the remaining parts of the general terms and conditions and such remaining parts shall therefore remain in full force and effect..


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