Terms & Conditions

General Terms and Conditions

Introduction

Below you will find our Terms and Conditions. These always apply when you use or place an order through our Website and contain important information for you as a buyer. Therefore, please read the Terms and Conditions carefully. We further recommend that you save or print these terms and conditions so that you can read them again at a later time.

Definitions

1. Handelsonderneming Arenque: located in Groningen and registered with the Chamber of Commerce under registration number 54318343.

2. Website: the website of Arenque Trading Company.

3. Client: the natural or legal person, whether or not acting in the course of a profession or business, that enters into an Agreement with the Arenque Trading Firm and/or has registered on the Website.

4. Agreement: any arrangement or agreement between Arenque Trading Company and the Client, of which the General Terms and Conditions form an integral part.

5. General Terms and Conditions: these General Terms and Conditions.

Applicability of General Terms and Conditions

1. On all offers, agreements and deliveries of Arenque Trading Company the General Terms and Conditions shall apply, unless expressly agreed otherwise in writing.

2. If the Client includes in its order, confirmation or notice of acceptance any provisions or conditions that differ from or are not included in the General Terms and Conditions, these shall only be binding for the Arenque Trading Company if and insofar as they have been expressly accepted in writing by the Arenque Trading Company.

3. In the event that specific product or service conditions apply in addition to these General Terms and Conditions, those conditions shall also apply, but in the event of conflicting conditions, the Client may always rely on the applicable provision that is most favorable to him.

Prices and information

1. All prices mentioned on the Website and in other materials provided by Handelsonderneming Arenque include VAT and, unless otherwise stated on the Website, other levies imposed by the government.

2. If shipping costs are charged, this will be clearly stated in a timely manner prior to the conclusion of the Agreement. In addition, these costs will be shown separately in the ordering process.

3. The content of the Website has been compiled with the greatest care. However, Handelsonderneming Arenque cannot guarantee that all information on the Website is at all times correct and complete. All prices and other information on the Website and in other materials originating from the Arenque Trading Company are subject to obvious programming and typing errors.

4. The Arenque Trading Company cannot be held responsible for (color) deviations as a result of screen quality.

Conclusion of the Agreement

1. The Agreement is established at the moment of acceptance by the Client of the offer of Arenque Trading and the fulfillment of the conditions set by Arenque Trading.

2. If the Client has accepted the offer electronically, the Arenque Trading Company will immediately confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the Client has the possibility to terminate the Agreement.

3. If it appears that incorrect information was provided by the Client when accepting or otherwise entering into the Agreement, the Arenque Trading Company shall be entitled to fulfill its obligation only after the correct information has been received.

4. The Arenque Trading Company may inform itself within legal frameworks whether the Client can meet its payment obligations, but also of all facts and factors that are important for a responsible conclusion of the Agreement. If Handelsonderneming Arenque has good grounds on the basis of this investigation not to enter into the Agreement, it shall be entitled to refuse an order or application with reasons or to attach special conditions to the execution, such as prepayment.

Registration

1. In order to make optimal use of the Website, Customer can register via the registration form / account login option on the Website.

2. During the registration process, Customer chooses a username and password with which he can log on to the Website after registration. Customer is responsible for choosing a sufficiently reliable password.

3. Customer must keep its login details its username and password strictly confidential. Handelsonderneming Arenque is not liable for misuse of the login details and may always assume that a Customer who logs on to the Website is actually that Customer. Everything that happens through the Client's account is the responsibility and risk of the Client.

4. If the Client knows or suspects that his login details have come into the hands of unauthorized persons, he must change his password as soon as possible and / or notify Trading Company Arenque, so that Trading Company Arenque can take appropriate measures.

Execution of the Agreement

1. Once the order has been received by the Arenque Trading Company, the Arenque Trading Company shall send the products as soon as possible, subject to the provisions in paragraph 3 of this Article.

2. The Arenque Trading Company is entitled to engage third parties for the performance of the obligations under the Agreement.

3. The Website shall clearly describe, timely prior to the conclusion of the Agreement, the manner in which delivery will take place and the period within which the products will be delivered. If no delivery period is agreed or stated, products will in any case be delivered within 30 days.

4. If Handelsonderneming Arenque cannot deliver the products within the agreed term, it shall notify the Customer. In this case, the Client may agree to a new delivery date or he will be given the opportunity to terminate the Agreement free of charge.

5. Handelsonderneming Arenque advises customers to inspect the delivered products and to report any defects found within a reasonable time, preferably in writing or by e-mail. See article on warranty and conformity.

6. As soon as the products to be delivered have been delivered to the specified delivery address, the risk, where it concerns these products, is transferred to Customer. If expressly agreed otherwise, the risk shall pass to the Customer at an earlier stage. If Customer decides to collect the products, the risk shall pass upon transfer of the products.

7. Handelsonderneming Arenque is entitled to deliver a product of similar quality to the product ordered if the product ordered is no longer available. Customer is then entitled to dissolve the agreement free of charge and return the product free of charge.

Right of withdrawal / return

1. This article only applies if Customer is a natural person not acting in the exercise of his profession or business. Business Customers therefore do not have the right of withdrawal. Client has the right to terminate the Distance Contract concluded with Arenque Trading Company within 14 calendar days after receipt of the product, without giving reasons. The period commences on the day after the Customer, or a third party previously designated by the Customer, who is not the carrier, received the product, or:

- if Customer ordered multiple products in the same order: the day on which Customer, or a third party designated by him, received the last product;

- if the delivery of a product consists of several shipments or parts: the day on which Customer, or a third party designated by him, has received the last shipment or part;

- in case of agreements for regular delivery of products during a certain period: the day on which Customer, or a third party designated by him, has received the first product.

2. Only the direct costs of the return shipment shall be borne by Customer. Customer must therefore bear the return costs himself. If these costs are higher than the regular postal rate, Handelsonderneming Arenque will provide an estimate of these costs.

Any costs paid by the Client for shipping and payment of the product to the Client will be refunded to the Client upon return of the entire order.

3. Within the withdrawal period referred to in paragraph 1, Customer shall handle the product and its packaging with care. Customer shall only open the packaging and use the product to the extent necessary to inspect the nature, characteristics and operation of products. The premise here is that this inspection may not go any further than that Customer could in a physical store.

4. Customer is only liable for depreciation of the product resulting from a manner of handling the product that goes beyond that permitted in the previous paragraph.

5. Client may terminate the Agreement in accordance with paragraph 1 of the term stipulated in this Article by sending the model withdrawal form (digitally) to the Arenque Trading Company, or by otherwise unambiguously informing the Arenque Trading Company that he renounces the purchase. In the case of a digital notification, Commercial Arenque will confirm the receipt of that notification. After termination, the Client has 14 days to return the product. It is also possible to return the product directly within the cooling-off period stipulated in paragraph 1 of this Article, provided that the model withdrawal form or other unambiguous statement for withdrawal is enclosed.

6. Amounts already paid by Customer (in advance) will be refunded to Customer as soon as possible, but at the latest within 14 days after dissolution of the Agreement, in the same way as Customer paid for the order. If the Client has chosen a more expensive method of delivery than the cheapest standard delivery, Arenque Trading Company will not be required to refund the additional costs for the more expensive method. Unless Handelsonderneming Arenque offers to pick up the product itself, Handelsonderneming Arenque may wait with reimbursement until Handelsonderneming Arenque has received the product or until the Client proves that he has returned the product, whichever is earlier.

7. Information about the applicability or non-applicability of the right of withdrawal and any desired procedure shall be clearly stated on the Website in a timely manner prior to the conclusion of the Agreement.

8. The right of withdrawal does not apply to:

- Products created by the entrepreneur in accordance with the specifications of the consumer;

- The supply of digital content other than on a tangible medium if the performance has begun with the express prior consent of the Customer and he has declared that he thereby loses his right of withdrawal.

9. The restocking fee is the amount calculated as shipping costs on the invoice.

Payment

1. Client must make payments to Handelsonderneming Arenque according to the payment methods indicated in the ordering procedure and possibly on the Website. Handelsonderneming Arenque is free in the choice of offering payment methods and these may also change from time to time. In case of payment after delivery, the Client has a payment term of 14 days starting the day after delivery.

2. If the Client fails to timely fulfill its payment obligation(s), the Client, after being notified by the Arenque Trading Firm of the late payment and after the Arenque Trading Firm has granted the Client a period of 14 days to still fulfill its payment obligations, will owe the legal interest on the amount due after the non-payment within this 14-day period, and the Arenque Trading Firm shall be entitled to charge the Client for any extrajudicial collection costs incurred. These collection costs shall not exceed: 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. Handelsonderneming Arenque may deviate from said amounts and percentages for the benefit of the Client.

3. Client agrees that Trading Company Arenque invoices digitally.

Warranty and conformity

1. This article shall only apply if the Client is not acting in the course of his profession or business. If a separate guarantee is given on the products by Arenque Trading Firm, notwithstanding the above, this applies to all types of Customers.

2. Handelsonderneming Arenque guarantees that the products comply with the Agreement, the specifications listed in the offer, the reasonable requirements of soundness and / or usability and the legal provisions and / or government regulations existing on the date of the conclusion of the agreement. If specifically agreed, Handelsonderneming Arenque also guarantees that the product is suitable for other than normal use.

3. A guarantee provided by Handelsonderneming Arenque, manufacturer or importer shall not affect the legal rights and claims that the Client already has and can invoke under the Agreement.

4. If the delivered product does not comply with the Agreement, the Client must notify the Arenque Trading Firm within a reasonable period after he has discovered the defect.

5. If Handelsonderneming Arenque considers the complaint justified, the relevant products will be repaired, replaced or compensated, after consultation with the Client. The maximum compensation shall, subject to the Article on liability, be equal to the price paid by the Client for the product.

Complaints procedure

1. If the Client has a complaint about a product (in accordance with the Article on warranty and conformity) and/or about other aspects of the services of Arenque Trading Company, the Client may submit a complaint to Arenque Trading Company by telephone, e-mail or post. See the contact information at the bottom of the Terms and Conditions.

2. The Arenque Trading Company shall respond to the complaint as soon as possible, but in any case within 14 days of receipt of the complaint. If it is not yet possible to provide a substantive or definitive response, then Trading Company Arenque will confirm within 14 days of the receipt of the complaint and provide an indication of the period within which it expects to provide a substantive or definitive response to the Customer's complaint.

Liability

1. This Article only applies if Customer is a natural person or legal entity acting in the exercise of its profession or business.

2. The total liability of Handelsonderneming Arenque towards the Client for attributable failure in the performance of the Agreement shall be limited to compensation of no more than the amount of the price stipulated for that Agreement (including VAT).

3. Liability of the Arenque Trading Company to the Client for indirect damages, including in any case -but expressly not limited to- consequential damages, lost profits, lost savings, loss of data and damage due to business interruption is excluded.

4. Apart from the cases mentioned in the previous two paragraphs of this Article, Handelsonderneming Arenque shall not be liable to the Client for any damages, regardless of the ground on which an action for damages would be based. The limitations mentioned in this Article shall however lapse if and insofar as damage is the result of intent or gross negligence of Handelsonderneming Arenque.

5. The liability of Handelsonderneming Arenque towards the Client for attributable failure to perform an agreement shall only arise if the Client gives Handelsonderneming Arenque prompt and proper written notice of default, stating a reasonable period to remedy the failure, and Handelsonderneming Arenque remains in breach of its obligations even after this period. The notice of default must contain as detailed a description as possible of the breach so that Handelsonderneming Arenque is able to respond adequately.

6. A condition for the existence of any right to compensation is always that the Client reports the damage in writing to the Arenque Trading Firm as soon as possible, but within not more than 30 days after it occurs.

7. In case of force majeure, Handelsonderneming Arenque shall not be obliged to compensate any damage incurred by the Client as a result thereof.

Retention of title

1. As long as the Client has not made full payment for the entire agreed amount, all goods delivered shall remain the property of Handelsonderneming Arenque.

Personal data

1. Arenque Trading Company shall process the personal data of the Client in accordance with the privacy statement published on the Website.

Final provisions

1. Dutch law shall apply to the Agreement.

2 To the extent that rules of mandatory law do not prescribe otherwise, all disputes that may arise in connection with the Agreement will be submitted to the competent Dutch court in the district where the Arenque Trading Company has its registered office.

3 If any provision in these General Terms and Conditions turns out to be null and void, this shall not affect the validity of the entire General Terms and Conditions. In that case, the parties shall replace (a) new provision(s), which as much as legally possible reflects the intention of the original provision.

4 In these General Terms and Conditions "in writing" also includes communication by e-mail, provided that the identity of the sender and the integrity of the e-mail has been sufficiently established.

Contact details

Should you have any questions, complaints or comments after reading these Terms and Conditions, please feel free to contact us in writing or by e-mail.

Arenque Trading Company

info[.at.]arenque.xyz

Chamber of Commerce 54318343

vat NL001447058B62