General Terms and Conditions
TABLE OF CONTENTS:
- Article 1 – Definitions
- Article 2 – Identity of the entrepreneur
- Article 3 – Applicability
- Article 4 – The offer
- Article 5 – The agreement
- Article 6 – Right of withdrawal for home delivery
- Article 7 – Obligations of the consumer during the cooling-off period
- Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
- Article 9 – Obligations of the entrepreneur in case of withdrawal
- Article 10 – The price
- Article 11 – Payment
- Article 12 – Compliance and additional warranty
- Article 13 – Delivery and execution
- Article 14 – Force Majeure
- Article 15 – Liability
- Article 16 – Intellectual property
- Article 17 – Complaints procedure and disputes
- Article 18 – Additional or deviating provisions
ARTICLE 1 – DEFINITIONS
In these terms and conditions the following terms shall have the following meanings:
- Supplementary agreement : an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;
- Reflection period : the period within which the consumer can make use of his right of withdrawal;
- Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
- Day : calendar day;
- Digital content : data produced and supplied in digital form;
- Durable medium : any instrument – including email – that enables the consumer or entrepreneur to store information addressed personally to him in a way accessible for future consultation or use for a period of time adequate for the purpose for which the information is intended and which allows for the unchanged reproduction of the stored information;
- Right of withdrawal : the possibility for the consumer to cancel the distance contract within the cooling-off period;
- Entrepreneur : AseGaming;
- Distance contract : an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for the distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement exclusive or partly use is made of one or more techniques for distance communication;
- Model withdrawal form : conditions included European model withdrawal form.
- Distance communication technology : means that can be used to conclude an agreement without the consumer and the entrepreneur having to be in the same place at the same time.
ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR
AseGaming
Business address:
Square 77
Website : www.asegaming.nl
E-mail: info@asetrading.nl
Chamber of Commerce number: 72086335
VAT identification number: NL858979998B01
ARTICLE 3 – APPLICABILITY
- These general sales conditions for distance selling via the internet apply to every offer from nl to you as a Consumer and to every distance contract concluded between us as an entrepreneur and you as a consumer. If the order shows that you intend to resell the products yourself, we can refuse the order.
- We only deliver in the Netherlands. If you provide a delivery address in another country, we may refuse your order.
- To place an order, you must be at least 18 years old. If you are not 18, we ask you to have your parent or legal guardian place the order.
- If, in addition to these general terms and conditions of sale, additional special conditions apply, the above also applies to those special conditions. If our general terms and conditions of sale conflict with those special conditions, you as a consumer can always invoke the most advantageous text to your advantage.
- Placing an order on the website constitutes express acceptance of our general terms and conditions of sale, which are always available via the website.
- If you order online, we will also provide you with a reference to these general terms and conditions of sale together with the order confirmation or at the latest upon delivery. These can also always be consulted on nl
- We may at any time make changes to our general terms and conditions of sale. Current contracts or orders not yet delivered will continue to be subject to the general terms and conditions of sale that were applicable at the time of the order confirmation.
ARTICLE 4 – THE OFFER
- If an offer has a limited period of validity or is subject to certain conditions, we will explicitly state this in our offer.
- We always describe as completely and accurately as possible what we sell you and how the ordering process will proceed. The description is in any case sufficiently detailed to allow you to make a good assessment. If we use images, these are a true representation of the goods and/or services offered. However, to err is human and if we have clearly made a mistake, we are not obliged to provide you with a corresponding good or service.
- Each offer contains such information that it is clear to you as a consumer what rights and obligations are associated with accepting the offer.
ARTICLE 5 – THE AGREEMENT
- Your order is complete and the agreement between us is final once we have received approval from the card issuer for your payment transaction by credit or debit card. We accept Visa, MasterCard, Maestro, iDEAL and BanContact. If the issuer of your card refuses to agree to your payment to us, we cannot be held responsible for delays in delivery and/or non-delivery of your order. Orders without valid payment in the name of the registered cardholder will not be accepted or processed.
- If you have accepted the offer electronically, we will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by us, you can terminate the agreement.
- If the agreement is concluded electronically, we will take appropriate technical and organizational measures to secure the electronic transfer of data and we will ensure a secure web environment.
- We can, within legal frameworks, inform ourselves whether you can meet your payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, we have good reasons not to enter into the agreement, we are entitled to refuse an order or request with reasons or to attach special conditions to the execution.
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the date on which the product was delivered.
ARTICLE 6 – RIGHT OF WITHDRAWAL FOR HOME DELIVERY
- If you purchase physical goods from us, you have the right to decide that you do not want to keep the goods within 14 days from the last delivery of the order. You can then return all or part of your order without paying a fine and without giving a reason. Please note that the costs for returning the goods are at your expense. Within 14 days after we have received your order back or you have indicated that you want to cancel the agreement, we will refund you the full purchase price using the same payment method you used to pay.
- For services, such as digital products or codes, and for products that require hygiene rules (such as headphones) and free goods (goodies), there is no right of withdrawal or return.
- The direct costs of returning the goods are therefore at your expense. We will indicate the expected costs of returning or make an estimate, if this cannot reasonably be calculated in advance.
- We may withhold reimbursement until we have received the goods and checked that they are in their original condition. After receipt of the returned goods and after quality control, we will proceed with the reimbursement.
- During the first 14 days after delivery, we expect you to handle the order and packaging with care. If you still want to be able to return the goods as described above, you may only unpack or use them to the extent necessary to assess whether you wish to keep them. Returned goods may not be used. If you return the goods, this must be done, if possible, together with the original packaging, with all accessories supplied and in the original condition and packaging and taking into account our instructions below.
- You can return your return package via a transport company of your choice. The costs of return are for you.
- To exercise your right of withdrawal quickly and correctly, you can fill out the form here and send it to info@asegaming.nl. We will send you an email confirmation of receipt of your withdrawal.
ARTICLE 7 – OBLIGATIONS OF THE CONSUMER DURING THE COOLING-OFF PERIOD
- During the cooling-off period, you will handle the product and its packaging with care. You will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that you may only handle and inspect the product as you would be allowed to do in a store.
- You are only liable for any diminished value of the product resulting from your handling of the product which goes beyond what is permitted in paragraph 1.
- You will not be liable for any diminished value of the product if we have not provided you with all legally required information about the right of withdrawal before or at the time of concluding the contract.
ARTICLE 8 – EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND COSTS THEREOF
- If you make use of your right of withdrawal, please notify us within the cooling-off period using the withdrawal form here.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, you return the product. You have in any case observed the return period if you return the product before the cooling-off period has expired.
- You return the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by us.
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with you as the consumer.
- You will not bear any costs for returning the product if you choose the indicated return procedure. If you wish to deviate from this return procedure, the direct costs will be at your expense.
- If you exercise your right of withdrawal, all additional agreements will be terminated by operation of law.
ARTICLE 9 – OBLIGATIONS OF THE ENTREPRENEUR IN CASE OF WITHDRAWAL
- If we make it possible for you to notify us of your withdrawal electronically, we will immediately send you an acknowledgement of receipt by e-mail after receiving this notification.
- We will reimburse all payments made by you, including any delivery costs charged by us for the returned product, without delay but within 14 days following the day on which you report the withdrawal. We may withhold reimbursement until we have received the goods and checked that they are in their original condition. After receipt of the returned goods and after the quality control, we will proceed with the reimbursement.
- We will use the same payment method you used for the refund, unless you agree to another method. The refund is free of charge for you as a consumer.
- If you have chosen a more expensive method of delivery than the cheapest standard delivery, we do not have to refund the additional costs for the more expensive method.
ARTICLE 10 – THE PRICE
- During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
- Our prices are in Euro/€ and include all taxes, VAT, duties and services. So you will never be faced with surprises. If you place an order and you receive an order confirmation from us by e-mail, then the price applicable at the time of the order applies to this distance sale. We can decide to charge shipping costs on top of the purchase price. In that case, we will always report this before you finally place your purchase.
ARTICLE 11 – PAYMENT
- We only accept the following payment methods; Visa, MasterCard, Maestro, iDEAL and Bancontact.
- To ensure secure online payment and the security of your personal data, transaction data is encrypted with SSL technology and sent over the internet. You do not need any special software to pay via SSL. You can recognize a secure SSL connection by the "lock" in the bottom status bar of your browser.
- The ownership of the delivered goods passes from AseGaming to you as a customer after receipt by you or delivery to you of the goods and after full payment of the price. From the moment you take possession of the goods, the risk of loss or damage passes to you.
- You have the obligation to report any inaccuracies in payment details provided or stated to us without delay.
ARTICLE 12 – COMPLIANCE WITH AGREEMENT AND ADDITIONAL WARRANTY
- We guarantee that our goods are in accordance with your order and meet the normal expectations that you may have of them, taking into account the specifications of the product. We also guarantee that our goods meet all laws existing at the time of your order.
- In addition, we apply the statutory minimum warranty period of two years with regard to the delivery of goods if the goods do not conform to the order placed. This means that in the event of defects or faults to the goods up to 2 years after delivery, these goods will be repaired or replaced free of charge. This warranty only covers a lack of conformity that already exists upon delivery of the goods.
- Depending on the product and the nature of the defect, we offer the choice between repair or replacement. Only if the repair or replacement is excessive or impossible or cannot be carried out within a reasonable period, you have the right to demand a price reduction or the termination of the sales agreement.
- If the defect or deficiency manifests itself within 6 months after delivery, it is deemed to have existed before delivery, unless we can prove otherwise. After 6 months, you will have to prove yourself that the defect was already present at delivery.
- Contact info@asegaming.nl for more help and information. Many manufacturers provide further follow-up via the factory warranty.
ARTICLE 13 – DELIVERY AND EXECUTION
- All goods and services are delivered to the address you specify when placing your order. Home delivery is generally by courier. The driver or carrier may request proof of identity upon delivery. You sign for receipt of the delivery by signing an electronic delivery note.
- If you are not present at the time of delivery of your order, the carrier will leave a note in your letterbox stating the nearest collection point, so that you can collect your package within 14 calendar days after showing proof of identity.
- When delivered to a collection point, you will receive a notification as soon as your order is available for collection upon presentation of an ID. If the collection point you selected no longer exists or is temporarily closed at the time of delivery, we reserve the right to make the package available at the nearest collection point. You sign for receipt of the delivery by signing an electronic delivery note.
- When an item is in stock, it will be delivered to your delivery address in 1 to 4 business days. When an item is not in webshop stock, it will be delivered to your delivery address in 3 to 6 business days. We will inform you about the expected delivery time in your order confirmation.
- Incorrectly submitted addresses are the responsibility of you as the customer and may result in additional charges. PO Box addresses and military APO addresses will not be accepted.
- If we are unable to deliver on time, we will always notify you before the expiry of the expected delivery period. If we do not do this, you can cancel your order free of charge. In that case, we will refund you within 30 days after cancellation.
- Our shipments are always at our risk. So you don't have to worry about goods getting lost in the mail. However, if you return goods to us within 14 days of purchase because you prefer not to keep them, you are responsible for the transport.
- If the goods delivered by us were damaged during transport, do not correspond to the items stated on the delivery note or do not correspond to the items you ordered, you must report this as soon as possible and certainly within 3 days and return the items to us within 14 calendar days of receipt. You must use the enclosed “return form” for this. If you have any questions when filling out this return form, you can contact one of our employees at the e-mail address info@asegaming.nl .
- Please also check the return procedure on the website or the return document included with your order.
- We cannot be held responsible for any consequential damages due to late delivery or non-delivery by the carrier appointed by us. Our liability in such cases remains limited to the value of the items that are shown not to have been received by the customer.
ARTICLE 14 – FORCE MAJEURE
- In the event of force majeure, we are not obliged to fulfil our obligations. In that case, we can either suspend our obligations for the duration of the force majeure, or terminate the agreement definitively.
- Force majeure is any circumstance beyond our control and will that prevents the fulfillment of our obligations in whole or in part. This includes, among other things, strikes, fire, business disruptions, power failures, disruptions in a (telecommunications) network or connection or used communication systems and/or the unavailability of our website at any time, non-delivery or late delivery by suppliers or other third parties, ...
ARTICLE 15 – LIABILITY:
Use of the Webshop:
- The information on the website is of a general nature. The information is not adapted to personal or specific circumstances, and can therefore not be considered as personal, professional advice to the user.
- AseGaming makes every effort to ensure that the information provided is complete, correct, accurate and up-to-date. Despite these efforts, inaccuracies may occur in the information provided. If the information provided contains inaccuracies or if certain information on or via the site is not available, AseGaming will make every effort to correct this as soon as possible. However, AseGaming cannot be held liable for direct or indirect damage resulting from the use of the information on this site. If you find inaccuracies in the information provided via the site, you can contact the site administrator (see contact details below).
- AseGaming is not liable for any loss or damage of any kind that the Customer or a third party may suffer when using the products.
- The content of the site (including links) can be adjusted, changed or supplemented at any time without notice or announcement. AseGaming does not guarantee the proper functioning of the website and can in no way be held liable for poor functioning or temporary (un)availability of the website or for any form of damage, direct or indirect, that would result from access to or use of the website. AseGaming can in no case be held liable to anyone, in a direct or indirect, special or other way, for damage due to the use of this site or another, in particular as a result of links or hyperlinks, including, without limitation, all losses, work interruptions, damage to programs or other data on the computer system, equipment, software or other of the user.
- The website may contain hyperlinks to websites or pages of third parties, or refer to them indirectly. Placing links to these websites or pages in no way implies an implicit approval of their content. AseGaming expressly declares that it has no control over the content or other characteristics of these websites and can in no case be held liable for the content or characteristics thereof or for any other form of damage resulting from their use.
General information about AseGaming 's liability:
- AseGaming is not liable for any damage it may cause through its fault or negligence, unless in the event of intent or gross negligence, including that of its employees. Any damage of any nature that cannot be foreseen at the time of concluding the agreement is excluded from compensation. AseGaming 's liability is always limited to direct, personally suffered damage and will never exceed the purchase price of the product in question.
ARTICLE 16 – INTELLECTUAL PROPERTY
- Our website, logos, texts, photos, names and in general all our communications are protected by intellectual property rights that belong either to us or to our suppliers or other rights holders.
- It is prohibited to use and/or make changes to the intellectual property rights as described in this article. For example, you may not copy or reproduce drawings, photos, names, texts, logos, color combinations, etc. without our prior and express written permission.
ARTICLE 17 – COMPLAINTS PROCEDURE AND DISPUTES
- We have a sufficiently well-publicized complaints procedure and we handle the complaint in accordance with this complaints procedure.
- Complaints about the performance of the agreement must be submitted to us fully and clearly described within a reasonable time after you have discovered the defects.
- Complaints submitted to us will be answered within a period of 7 days from the date of receipt. If a complaint requires a foreseeable longer processing time, we will answer within the period of 7 days with a confirmation of receipt and an indication of when you can expect a more detailed answer.
- A complaint about a product, service or our service can also be submitted via a complaint form on the consumer page of the AseGaming website ( nl ).
- You must give us at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute resolution.
- Agreements between us to which these general terms and conditions of sale apply are exclusively governed by Dutch law.
- If something does not go as planned and we cannot resolve it together, you can always appeal to the ODR platform (Online Dispute Resolution) of the European Commission. They will then act as an intermediary so that we can still find a good solution together. More information about this can be found at http://ec.europa.eu/odr .
ARTICLE 18 – ADDITIONAL OR DEVIATING PROVISIONS
Additional or deviating provisions from these general terms and conditions of sale may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.