Terms and Conditions of Actinius, established in Amsterdam with Chamber of Commerce number: 63603918.
Version valid from 01-06-2019.
1.1 These Terms and Conditions are applicable to all online offers from Actinius. They are accessible to everyone and included on the website of Actinius. A written copy can be sent to you upon request.
1.2 By placing an order you acknowledge and agree to the delivery and payment terms. Actinius reserves the right to change its delivery and/or payment conditions after the expiry of the term.
1.3 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by Actinius.
1.4 Actinius guarantees that the delivered product meets the agreement and the specifications stated in the offer.
2.1 Delivery takes place while stocks last.
2.2 Under the rules of distance selling, Actinius will execute orders at most within 30 days. If this is not possible (because the ordered goods are not in stock or can no longer be delivered), if there is a delay for some other reason or if the order cannot (or partially cannot) be delivered, then the consumer will receive a message within 1 month after placement of the order. In this case the consumer will have the right to cancel the order without any costs or notice of default.
2.3 The delivery obligation of Actinius shall, subject to proof of the contrary, be met as soon as the goods delivered by Actinius have been offered to the customer once. In the case of home delivery, the report of the carrier, which implies the refusal of acceptance, serves as full proof of the delivery offer.
2.4 All deadlines mentioned on the web site are indicative. Therefore no rights can be derived from the terms mentioned.
3.1 Prices are not increased within the duration of the offer, unless legal measures make this necessary or if the manufacturer makes interim price increases.
3.2 All prices on the site are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors.
3.3 All prices on the site are in EURO and do not include VAT.
4. Right of withdrawal
4.1 If there is a consumer purchase, in accordance with the Distance Selling Act (Section 7:5 Dutch Civil Code), the customer has the right to return (part of) the delivered goods within a period of 14 working days without giving any reason. This period starts at the moment the ordered items are delivered. If the customer has not returned the goods delivered to Actinius after this period, the purchase is a fact. The customer is obliged, before proceeding to return, to notify Actinius within the period of 14 working days after delivery. The customer must prove that the delivered goods have been returned in time, for example by means of proof of mail delivery. Return of the goods must take place in the original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used by the customer, encumbered or damaged in any way, the right to dissolution within the meaning of this paragraph will lapse. With due observance of what has been stipulated in the previous sentence, Actinius will ensure that within 30 days after good receipt of the return shipment, the full purchase price including the calculated shipping costs will be refunded to the customer. The return of the delivered goods is entirely at the expense and risk of the buyer.
4.2 The right to dissolution, as described in the previous paragraph, only relates to the delivered goods and will in no case refer to services, such as mobile data subscriptions offered by Actinius. On the latter services, wherever Actinius only acts as an intermediary or agent, the general terms and conditions of the aforementioned network operators will apply.
4.3 The right of withdrawal does not apply to:
5. Data management
5.1 If you place an order with Actinius, your data will be included in the Actinius customer base. Actinius complies with the law General Data Protection Regulation (GDPR).
5.2 Actinius respects the privacy of the users of the internet site and ensures confidentiality of your personal data.
5.3 Actinius uses a mailing list in some cases. Each mailing contains instructions to remove yourself from this list.
6.1 Actinius guarantees that the products it supplies meet the requirements of usability, reliability and lifespan as reasonably intended by the parties to the purchase agreement, and is therefore responsible for the factory guarantee of the product delivered to you.
6.2 Actinius is never responsible for the ultimate suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the goods.
6.3 The customer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered item is wrong, inadequate or incomplete, then the customer (before proceeding to return to Actinius) must report these defects to Actinius immediately in writing. Any defects or incorrectly delivered goods can and must be reported to Actinius in writing up to a maximum of 2 months after delivery. Return of the goods must take place in the original packaging (including accessories and accompanying documentation) and in new condition. Usage after detection of failure, damage arising after detection of failure, encumbrance and/or resale after detection of defect, makes this right, to complain and return, completely invalid.
6.4 If complaints from the buyer are found to be well-founded by Actinius, Actinius will, at its option of the goods delivered, replace it free of charge or make a written arrangement regarding the compensation with the customer, on the understanding that the liability of Actinius and therefore the amount of the compensation is always limited to the invoice amount of the relevant items, or (at the option of Actinius) up to the maximum amount covered by the Actinius liability insurance in the relevant case. Any liability of Actinius for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential loss or damage due to lost profits.
6.5 Actinius is not liable for damage caused by intent or equivalent conscious recklessness of non-managerial staff.
6.6 This guarantee does not apply if: A) as long as the customer is in default towards Actinius; B) the customer has repaired the delivered goods himself and/or processed or has third parties repaired and/or edited. C) the delivered goods are exposed to abnormal circumstances or otherwise careless handling or contrary to the instructions of Actinius and/or instructions on the package have been treated; D) the defect is wholly or partially the result of regulations that the government has or will make regarding the nature or the quality of the materials used;
7.1 Offers are without engagement, unless otherwise stated in the offer.
7.2 Upon acceptance of a non-binding offer by the buyer, Actinius reserves the right to revoke or deviate from the offer within the period of 3 working days after receipt of that acceptance.
7.3 Verbal commitments only bind Actinius after they have been explicitly confirmed in writing.
7.4 Actinius offers do not automatically apply to repeat orders.
7.5 Actinius can not be held to its offer if the customer should have understood that the offer, or any part thereof, contained an obvious mistake or error.
7.6 Additions, changes and/or further agreements are only valid if agreed in writing.
8.1 An agreement between Actinius and a customer comes about after an order by Actinius has been assessed for feasibility.
8.2 Actinius reserves the right to refuse orders or orders without giving any reason or to accept them exclusively on the condition that the shipment is made cash on delivery or after payment in advance.
9. Images and specifications
9.1 All images; photos, drawings etc. e.g. data concerning weights, dimensions, colors, images of labels on the web site of Actinius are only approximate, are indicative and can not lead to compensation or dissolution of the agreement.
10. Force Majeure
10.1 Actinius is not liable if and insofar as its obligations can not be fulfilled due to force majeure.
10.2 Force majeure means any strange cause, as well as any circumstance, which should in reason not come at its own risk. Delay or default by our suppliers, disruptions in the Internet, faults in the electricity, malfunctions in e-mail traffic and malfunctions or changes in technology provided by third parties, transport problems, strikes, government measures, delays in the supply, negligence of suppliers and / or manufacturers of Actinius as well as auxiliary persons, sickness of personnel, defects in auxiliary or transport equipment are expressly regarded as force majeure.
10.3 In the event of force majeure, Actinius reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be amended in such a way that implementation remains possible. In no case is Actinius liable to pay any penalty or compensation.
10.4 If Actinius has already partially fulfilled its obligations on the occurrence of the force majeure, or can only partly fulfill its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the customer is obliged to pay this invoice as if it concerned a separate contract. However, this does not apply if the already delivered or deliverable part does not have an independent value.
11.1 Actinius is not liable for damage to vehicles or other objects caused by improper use of the products. Before use, read the instructions on the packaging and/or consult our website.
12. Reservation of ownership
12.1 Ownership of all goods sold and delivered by Actinius to the buyer remains with Actinius as long as the customer has not paid the claims of Actinius pursuant to the agreement or earlier or later similar agreements, as long as the customer has carried out the activities performed or to be performed from this or similar agreements have not yet been fulfilled and as long as the customer has not yet paid Actinius' claims due to shortcomings in the performance of such commitments, including claims in respect of fines, interest and costs, as referred to in article 3:92 Dutch Civil Code.
12.2 The goods delivered by Actinius that fall under the retention of title may only be resold within the framework of normal business operations and may never be used as a means of payment.
12.3 The customer is not authorized to pledge the goods falling under the retention of title nor encumber them in any other way.
12.4 The customer already gives unconditional and irrevocable consent to Actinius or a third party to be appointed by Actinius, in all cases in which Actinius wishes to exercise its ownership rights, to enter all those places where its properties will be located and to take these items with them.
12.5 If third parties seize goods delivered under retention of title or want to establish or assert rights thereon, the customer is obliged to inform Actinius as soon as can reasonably be expected.
12.6 The customer undertakes to insure the goods delivered subject to retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available to Actinius on first request.
13. Applicable law / competent court
13.1 Dutch law applies to all agreements.
13.2 Disputes arising from an agreement between Actinius and buyer, which can not be resolved by mutual agreement, shall be heard by the competent court within the district of Amsterdam.