Terms of Service

Article 1: General

1.1 In these General Terms and Conditions, the following definitions shall apply: 'Auriva' or 'Aurivaskin.com Internet-Shop': Auriva; customer: the (potential) customer of Auriva's items and/or services; 'confirmation': the confirmation of receipt, as described in articles 2.2 and 3.1.'General Terms and Conditions': these General Terms and Conditions.

1.2 These General Terms and Conditions apply to all offers, orders and agreements of Auriva. By concluding an agreement between the Client and Auriva using the procedure as described in these General Terms and Conditions, the Client expressly accepts these terms and conditions.

1.3 All rights and claims, as stipulated in these General Terms and Conditions and in any further agreements for the benefit of Auriva, are also stipulated for the benefit of intermediaries and other third parties engaged by Auriva.

1.4 Deviations from these General Terms and Conditions are only valid if they have been explicitly agreed with Auriva in writing.

1.5 If (a) provision(s) of these General Terms and Conditions is/are invalid or is/are annulled, the other provisions of these General Terms and Conditions shall remain in full force. Auriva and the client will then consult to agree on (a) new provision(s) to replace the void or voided provision(s), taking into account the purpose and meaning of the void or voided provision(s) as much as possible.

1.6 Auriva shall be entitled to amend these General Terms and Conditions and the content of the Auriva website at all times.

Article 2: Offers & agreements

2.1 All offers made on the Auriva website are free of obligation, even if they contain a term of acceptance. Auriva reserves the right to withdraw offers at all times. All offers are subject to availability. Price changes are reserved at all times.

2.2 An agreement between Auriva and the client is concluded after the client:

placing an order on Auriva's website by fully and correctly completing the order form on Auriva's website;

the customer subsequently clicks on the 'Checkout' icon on the Auriva website;

having the customer confirm that the details provided by the customer are correct and having the customer's payment processed by clicking on the 'Send order' icon on the Auriva website,

subsequently receiving confirmation from Auriva at the e-mail address of the customer that Auriva has received the order from the customer (the confirmation of receipt).

2.3 The agreement contains all agreements made between the Client and Auriva and replaces all previously made agreements, arrangements and/or understandings between the Client and Auriva.

2.4 Barring evidence to the contrary, Auriva's administration serves as proof of the orders given and payments made by the customer to Auriva and of deliveries made by Auriva. Auriva acknowledges that electronic communication may serve as evidence. By accepting the General Terms and Conditions, the Client also acknowledges this.

2.5 The confirmation of receipt shall in any case include the following information:

a description of the product purchased by the customer and the number of products purchased by the customer;

the price of the product;

customer details such as name, customer number, home address, address to which the product is sent, billing address (if different from the customer's home address and/or delivery address) and e-mail address and telephone number of the customer;

the order number of the agreement;

the e-mail address and/or telephone number of Auriva, to which the customer can address questions about the order.

Article 3: Prices & payment

3.1 All prices for the offered items are in Euro and include sales tax (VAT) and other levies imposed by the government and exclude handling and shipping costs, unless stated otherwise or agreed in writing.

3.2 All invoices shall be paid by the customer, without discount or compensation within 7 working days from the invoice date, unless otherwise agreed in writing.

3.3 If the payment term is exceeded, Auriva is entitled to charge the client interest from the due date of the invoice, whereby part of a month is counted as a whole month. Auriva will send a reminder if the payment term is exceeded.

3.4 If the Customer fails to pay, fails to pay in full or fails to pay by the payment deadline set in the reminder, Auriva shall be entitled to charge the Customer for its extrajudicial (collection) costs. The Client shall also be obliged to pay the actual legal costs incurred, insofar as any court cost orders arrive at a lower amount.

3.5 If the client fails to comply with what has been agreed regarding payment, Auriva is entitled to terminate the agreement extrajudicially with immediate effect or to suspend its obligations, as well as to deny the client access to Auriva's system without having to state its reasons.

Article 4: Deliveries

4.1 Deliveries take place worldwide, unless stated otherwise on Auriva's website.

4.2 The delivery time is normally a maximum of 15 working days, unless stated otherwise on Auriva's website. The delivery times apply as an indication and not as a strict deadline.

4.3 The delivery period for the product shall be a maximum of 30 working days or so much shorter as stipulated in the agreement between the customer and Auriva.

4.4 If the agreed delivery term is exceeded by Auriva for any reason, Auriva shall notify the Client immediately in writing (via e-mail). In this case, the client has the right to dissolve the agreement with Auriva by notifying Auriva in writing (via e-mail).

4.5 Any payments already made by the client under the previous article shall be refunded to the client's bank or giro account as soon as possible, but in any case within 14 working days after Auriva has received the request to terminate the agreement referred to in the article.

4.6 The delivery times specified by Auriva shall never be regarded as strict deadlines, unless explicitly agreed otherwise.

4.7 Delivery takes place at the place and time the items are ready for shipment to the client.

4.8 Auriva reserves the right to make partial deliveries to the client, so that an order is sent in two or more shipments.

Article 5: Force majeure and/or special circumstances

5.1 Auriva is not obliged to fulfil any obligation towards the client if it is prevented from doing so as a result of a circumstance that cannot be attributed to its fault, nor for its account pursuant to law, legal action or generally accepted standards.

5.2 Circumstances within the meaning of Article 5.1 include, inter alia, a business failure, a failure in the energy or material supply, transport delays, a strike and suppliers' failure to deliver or to deliver on time.

Article 6: Retention of title

6.1 All items delivered to the customer shall remain Auriva's property until all amounts due by the customer for the items delivered under the agreement have been paid to Auriva in full.

Article 7: Risk

7.1 The risk during transport of the product ordered by the customer is for Auriva. At the moment of delivery of the product, or the moment that can reasonably be considered as delivery, the risk of the product passes to the Client, subject to the liabilities that cannot be excluded by Auriva by law.

Article 8: Intellectual and industrial property rights

8.1 The Client must fully and unconditionally respect all intellectual and industrial property rights vested in the items delivered by Auriva.

8.2 Auriva does not guarantee that the items delivered to the client do not infringe any intellectual and/or industrial property right of third parties and does not accept any liability in the event of any claim by third parties based on the assertion that an item delivered by Auriva infringes any right of a third party.

Article 9: Orders/communication

9.1 Auriva accepts no liability whatsoever for misunderstandings, damage, delays or unclear transmission of orders and messages resulting from the use of the internet or any other means of communication in the traffic between the customer and Auriva, or between Auriva and third parties, insofar as these relate to the relationship between the customer and Auriva.

Article 10: Grace period

10.1 After receiving the product ordered by the Client, the Client is entitled to dissolve the underlying agreement with Auriva within 14 days of receiving this product. The client does not need to provide a reason for this.

10.2 If the customer wishes to dissolve the agreement pursuant to article 10.1 of these terms and conditions, the customer must notify Auriva in writing (via e-mail). The customer must send the product - after consultation with Auriva - to a return address determined by Auriva. In this case, the client must bear the costs and risk for the shipment itself.

10.3 If the client has already made any payments at the time the client revokes the agreement with Auriva pursuant to articles 10.1 and 10.2 of these General Terms and Conditions, Auriva shall repay these payments to the client within 10 working days after Auriva has received the product returned by the client.

10.4 Auriva reserves the right to refuse returned products or to credit only part of the amount already paid if it is suspected that the product has already been opened, used or damaged through the fault of the client (other than Auriva or the supplier of the product).

10.5 If an item is returned that, in Auriva's opinion, has suffered damage that is due to an act or omission by the client or is otherwise at the client's risk, Auriva shall notify the client in writing (via e-mail). Auriva is entitled to deduct the decrease in value of the product due to this damage from the amount to be refunded to the customer.

Article 11: Guarantees

A guarantee exists for the products delivered by Auriva. This is the guarantee as established by the manufacturer on its products. This guarantee does not affect the rights of the customer arising from the law in this respect.

Article 12: Complaints procedure

12.1 All complaints regarding the delivery, quality, quality of the product or any other complaint shall be dealt with seriously by Auriva.

12.2 The Client must submit a complaint to Auriva using the contact form.

12.3. Auriva will endeavour to resolve the complaint within 10 working days. Auriva will notify the client in writing (via e-mail).

Article 13: Personal details

13.1 Personal details entered by the Client will be recorded in a file. These data will be used for the execution of the client's order.

13.2 Unless the customer has indicated that the customer does not wish to do so, the customer's details will be included in a central file of Auriva. This data will be used to keep the customer fully up-to-date regarding Auriva's business and services. Client data will be processed in accordance with applicable laws and regulations.

13.3 If so desired, the Client may inspect the data Auriva holds on the Client's person in Auriva's database. The Client is entitled to demand that the data be amended if it is incorrect.

Article 14: Disputes

14.1 Agreements between the trader and the consumer governed by these terms and conditions are governed exclusively by Dutch law.