AK-Media B.V., located in Almere, Chamber of Commerce number 66257778, is referred to in these terms and conditions as the seller.
The counterparty of the seller is referred to as the buyer.
The parties are the seller and the buyer collectively.
The agreement refers to the purchase agreement between the parties.
These terms and conditions apply to all quotations, offers, agreements, and deliveries of services or goods by or on behalf of the seller.
Deviations from these conditions are only possible if expressly agreed upon in writing by the parties.
The full purchase price is always paid immediately in the store. For reservations, a deposit may sometimes be required. In such cases, the buyer receives proof of reservation and prepayment. Purchases are always final and cannot be canceled prior to delivery since the products are ordered directly from the supplier.
If the buyer fails to pay on time, they are in default. If the buyer remains in default, the seller is entitled to suspend obligations until the buyer meets their payment obligations.
If the buyer remains in default, the seller will proceed with collection. The associated costs are borne by the buyer and calculated according to the Decree on compensation for extrajudicial collection costs.
In the event of liquidation, bankruptcy, seizure, or suspension of payment of the buyer, the claims of the seller against the buyer are immediately due.
If the buyer refuses to cooperate in the execution of the seller’s obligations, they are still required to pay the agreed price.
Offers are non-binding unless a term of acceptance is stated in the offer. If the offer is not accepted within the stated term, the offer lapses.
Delivery times in quotations are indicative and do not entitle the buyer to dissolution or compensation if exceeded, unless expressly agreed otherwise in writing.
Offers and quotations do not automatically apply to repeat orders. The parties must expressly agree on this in writing.
The price stated on offers, quotations, and invoices includes the purchase price, VAT, and any other government levies.
The consumer has the right to dissolve the agreement within 14 days of receiving the order without stating reasons (right of withdrawal). The period starts when the consumer has received the (entire) order.
There is no right of withdrawal if the products are custom-made or perishable.
The consumer may use a withdrawal form provided by the seller. The seller must make this form available immediately upon the buyer's request.
During the reflection period, the consumer must handle the product and packaging carefully. They may only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If they invoke the right of withdrawal, they must return the unused and undamaged product with all accessories and, if reasonably possible, in the original shipping packaging, in accordance with the reasonable and clear instructions provided by the seller.
If it becomes apparent during the execution of the agreement that changes or additions to the work are necessary, the parties will adjust the agreement accordingly in mutual consultation.
If the agreement is amended or supplemented, the completion time may be affected. The seller will notify the buyer as soon as possible.
If the changes or additions to the agreement have financial and/or qualitative consequences, the seller will inform the buyer in writing beforehand.
If a fixed price has been agreed, the seller will indicate to what extent the changes will lead to a price increase.
The seller cannot charge additional costs if the changes result from circumstances attributable to the seller.
The risk transfers from the seller to the buyer once the purchased item is received by the buyer.
The buyer must inspect the delivered goods upon delivery or as soon as possible thereafter. This includes verifying whether the quality and quantity match the agreement or meet normal trade standards.
Complaints about damage, shortages, or loss of delivered goods must be reported in writing to the seller within 10 working days of delivery.
If the complaint is justified within the specified period, the seller has the right to repair, replace, or cancel delivery and issue a credit note for the purchase price.
Minor and/or industry-standard deviations in quality, quantity, size, or finish cannot be held against the seller.
Complaints about a specific product do not affect other products or parts of the agreement.
Once the goods are processed by the buyer, no complaints will be accepted.
If a sample or model has been shown or provided to the buyer, it is presumed to be indicative unless the parties have expressly agreed that the delivered product will conform to it.
For real estate agreements, references to dimensions or other specifications are also presumed to be indicative.
Delivery is “ex-works/store/warehouse,” meaning all costs are borne by the buyer.
The buyer must accept the goods at the time the seller delivers or makes them available.
If the buyer refuses or fails to provide information or instructions necessary for delivery, the seller is entitled to store the goods at the buyer’s expense and risk.
If delivery is required, the seller may charge delivery costs.
The delivery period begins once the seller receives the necessary information from the buyer.
The delivery time stated by the seller is indicative and not binding.
Partial deliveries are allowed unless otherwise agreed, and the seller may invoice these separately.
The seller may share the buyer’s personal data with the supplier to ensure proper delivery.
If the seller cannot fulfill obligations due to force majeure, they are not liable for damages suffered by the buyer.
Force majeure includes unforeseen circumstances, such as illness, war, natural disasters, strikes, or supplier failures.
In case of force majeure, obligations are suspended until they can be fulfilled. If force majeure lasts longer than 30 days, either party may terminate the agreement.
Termination due to force majeure lasting over three months requires a registered letter.
Rights under this agreement cannot be transferred without prior written consent from the other party. This clause has proprietary effect under Article 3:83(2) of the Dutch Civil Code.
Goods remain the property of the seller until the full price is paid.
If agreed prepayments are not met, the seller may suspend delivery until payment is received.
The seller is not authorized to pledge or encumber goods under retention of title.
Goods under retention of title must be insured by the seller against risks like fire or theft.
If payment is not made as agreed, the seller may retain the goods until full payment is made.
In cases of liquidation or bankruptcy of the buyer, the seller’s claims become immediately due.
Liability for damages related to the agreement is limited to the amount paid out by the seller’s liability insurance.
The seller is not liable for reckless use or misuse of the sold items.
Smartwatches are not medical devices and are intended for recreational use only. Measured values are indicative and not for medical purposes. Users should consult a doctor for medical concerns. Valante is not responsible for deviations in measured values.
The buyer must report complaints about work performed immediately. Complaints must be detailed to allow an adequate response.
If a complaint is valid, the seller must repair or replace the goods.
The seller guarantees that the sold goods meet the agreement and function without defects for one year after receipt.
This warranty excludes improper use or unauthorized modifications.
If covered under warranty, the product will be repaired or replaced by Valante. Service fees for returns amount to €15.
Valante will return repaired or replaced goods to the buyer in good condition.
Dutch law exclusively applies to this agreement. The Vienna Sales Convention is excluded.
If a provision is deemed unreasonable in court, the remaining provisions remain valid.
Disputes are exclusively submitted to the competent court in Amsterdam.
In collaboration with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment methods:
Pay Later
More information is available in Klarna’s user terms and privacy statement.