Article 1 – Definitions

In these general terms and conditions, the following terms are used in the following meanings, unless explicitly stated otherwise:

1. Offer: Any written offer to the Buyer to supply Products by the Seller to which these terms and conditions are inseparably attached.
2. Company: The natural or legal person acting in the course of their profession or business.
3. Consumer: A natural person who is not acting in the course of a profession or business.
4. Buyer: The Company or Consumer that enters into a (distance) Agreement with the Seller.
5. Agreement: The (remote) (purchase) agreement for the sale and delivery of Products purchased by the Buyer from AmaraPure, and/or the performance of Work.
6. Products: The Products offered by AmaraPure through both its physical stores and its online store at www.amarapure.com are: locks and hinges, security, alarm, camera, and intercom systems.
7. AmaraPure: The provider and seller of Products to the Buyer, as well as the provider of the Services to the Buyer.
8. Activities: The Services offered by AmaraPure are all Services performed outside of employment with the aim of creating and delivering work of a material nature (installation/assembly of Products) and/or performing maintenance at a price to be paid in cash by the Buyer.
9. Maintenance or Maintenance Contract: monitoring the Products and performing the necessary updates and/or upgrades and/or carrying out repairs to the Products sold by AmaraPure on a regular basis.

Article 2 – Applicability

1. These general terms and conditions apply to every Offer made by AmaraPure and every Agreement between AmaraPure and a Buyer, as well as to every Product offered by AmaraPure.
2. Before a (distance) Agreement is concluded, the Buyer will be provided with these general terms and conditions. If this is not reasonably possible, AmaraPure will inform the Buyer of the manner in which the Buyer can view the general terms and conditions, which are in any case published on the AmaraPure website, so that the Buyer can easily store these general terms and conditions on a durable data carrier.
3. In exceptional situations, these general terms and conditions may be deviated from if this has been explicitly agreed in writing with AmaraPure.
4. These general terms and conditions also apply to supplementary, amended, and follow-up agreements with the Buyer. Any general and/or purchasing terms and conditions of the Buyer are expressly rejected.
5. If one or more provisions of these general terms and conditions are partially or wholly invalid or are annulled, the remaining provisions of these general terms and conditions will remain in force and the invalid/annulled provision(s) will be replaced by a provision with the same meaning as the original provision.
6. Any ambiguities regarding the content, explanation, or situations not covered in these general terms and conditions shall be assessed and interpreted in accordance with the spirit of these general terms and conditions.
7. Where these general terms and conditions refer to she/her, this should also be understood as a reference to he/him/his, if and insofar as applicable.

Article 3 – The Offer

1. All offers made by AmaraPure are non-binding, unless expressly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be expressly stated in the offer. An Offer is only valid once it has been recorded in writing.
2. The Offer made by AmaraPure is non-binding. AmaraPure is only bound by the Offer if the Buyer confirms its acceptance in writing within 14 days, or if the Buyer has already paid the amount due. Nevertheless, AmaraPure has the right to refuse an Agreement with a potential Buyer for a reason that is valid to AmaraPure.
3. The Offer contains an accurate description of the Product and/or Services offered, including the corresponding prices. The description is sufficiently detailed to enable the Buyer to make a proper assessment of the Offer. Obvious mistakes or errors in the Offer are not binding on AmaraPure. Any images and/or specific details (including but not limited to models shown and/or provided, examples of documents, as well as specifications of colors, capacities, functionalities, dimensions, and other descriptions in sketches, drawings, brochures, promotional material) in the Offer are only indicative and cannot be grounds for any compensation or termination of the Agreement. Minor deviations that are permissible in the industry are acceptable and do not constitute grounds for termination of the Agreement. AmaraPure cannot guarantee that the colors in the image exactly match the actual colors of the Product.
4. Delivery times and deadlines stated in AmaraPure's Offer are indicative and do not entitle the Buyer to termination or compensation if they are exceeded, unless expressly agreed otherwise.
5. A composite quotation does not oblige AmaraPure to deliver part of the goods included in the offer or Quotation at part of the quoted price.
6. If and insofar as there is an offer, this does not automatically apply to repeat orders. Offers are only valid while stocks last, and according to the principle of "while stocks last."
7. If the Offer is based on information provided by the Buyer and this information proves to be incomplete and/or incorrect or is subsequently changed, AmaraPure has the right to adjust the rates, delivery times, and/or prices stated in the Offer. The Buyer is obliged to accept the changed circumstances and to comply with the payment obligations.

Article 4 – Formation of the Agreement

1. The Agreement is concluded at the moment that the Buyer has accepted an Offer from AmaraPure by paying for the Product in question, as well as by the Buyer accepting an offer from AmaraPure.
2. An Offer may be made by AmaraPure via the website and/or physical store.
3. If the Buyer has accepted the Offer by entering into an Agreement with AmaraPure, AmaraPure will confirm the Agreement with the Buyer in writing, at least by email.
4. If the acceptance deviates (on minor points) from the Offer, AmaraPure is not bound by it.
5. AmaraPure is not bound by an Offer if the Buyer could reasonably have expected or should have understood or ought to have understood that the Offer contained an obvious mistake or clerical error. The Buyer cannot derive any rights from this mistake or clerical error.
6. The right of withdrawal is excluded for Buyers who are Companies. Buyers who are Consumers have the right to exercise their right of withdrawal within the statutory period of 14 days. If withdrawal applies, the Buyer shall handle the Product and packaging with care. They shall only unpack or use the Product to the extent necessary to determine the nature, characteristics, and functioning of the Product. This does not apply to cylinders, which must remain sealed to ensure safety. The direct costs of returning the Product shall be borne by the Buyer.

Article 5 – Term of the Agreement

1. The duration of the Agreement is for a fixed term and ends upon completion of the assignment.
2. The Buyer is not authorized to partially terminate the installation. If the Agreement has already been commenced and the Buyer terminates the Agreement, the Buyer will owe the price applicable to the entire work.
3. Both parties may terminate the Agreement on the grounds of an attributable failure to perform if the other party has been given written notice of default and has been given a reasonable period of time to perform its obligations and it fails to do so in an attributable manner. This also includes the Buyer's payment and cooperation obligations.
4. Both the Buyer and AmaraPure may terminate the Agreement in whole or in part with immediate effect without further notice of default if one of the parties is in suspension of payments, has filed for bankruptcy, or the company in question is terminated due to liquidation. If a situation as described above arises, AmaraPure shall never be obliged to refund any monies already received and/or pay compensation. AmaraPure shall also be entitled to immediately take back any goods that have not yet been paid for and shall retain the right to claim additional compensation from the Buyer.
5. If a previously scheduled appointment is canceled by the Buyer within 48 hours of the start date, AmaraPure is entitled to charge the Buyer for the time reserved for this appointment based on the agreed (hourly) rate, as well as any costs already incurred for the performance of the Agreement.
6. The buyer is personally liable to third parties for the consequences of the cancellation and indemnifies AmaraPure against any claims by these third parties arising from this.

Article 6 – Performance of the Agreement

1. AmaraPure will perform the Agreement to the best of its knowledge and ability.
2. If and insofar as required for the proper execution of the Agreement, AmaraPure has the right to have certain work performed by third parties at its own discretion.
3. The Buyer shall ensure that all information that AmaraPure indicates is necessary or that the Buyer should reasonably understand to be necessary for the performance of the Agreement is provided to AmaraPure in a timely manner. If the information necessary for the performance of the Agreement is not provided to AmaraPure in a timely manner, AmaraPure shall be entitled to suspend the performance of the Agreement.
4. In performing the Agreement, AmaraPure is not obliged or required to follow the Buyer's instructions if this would alter the content or scope of the Agreement. If the instructions result in additional work for AmaraPure, the Buyer is required to reimburse the additional or incidental costs accordingly.
5. AmaraPure may require security from the Buyer or full advance payment before proceeding with the Agreement.
6. AmaraPure is not liable for damage of any kind caused by AmaraPure relying on incorrect and/or incomplete information provided by the Buyer, unless AmaraPure was aware of this incorrectness or incompleteness.
7. The Buyer indemnifies AmaraPure against any claims from third parties who suffer damage in connection with the performance of the Agreement and which are attributable to the Buyer.
8. AmaraPure may perform monitoring activities for all Products sold by it that are connected to the emergency response center, or have these activities performed by third parties.
9. The buyer may purchase a maintenance agreement from a party recommended by AmaraPure, in accordance with that party's applicable terms and conditions and agreement.
10. However, the Buyer remains responsible for actually performing (or having performed) maintenance work such as performing updates and/or replacing the battery. If the Buyer fails to carry out such work (in a timely manner), the Products may function less well or even cease to function altogether. Such malfunctioning is at all times at the expense and risk of the Buyer. If the Buyer has an independent maintenance obligation and damage occurs as a result of negligence or poor maintenance, the relevant warranty will lapse.

Article 7 – Product delivery

1. If the commencement, progress, or delivery of the Agreement is delayed because, for example, the Buyer has not provided all the requested information or has not provided it on time, has not cooperated sufficiently, the (down) payment has not been received by AmaraPure on time, or any delay arises due to other circumstances beyond AmaraPure's control, AmaraPure is entitled to a reasonable extension of the delivery period. All agreed delivery periods are never strict deadlines. The Buyer must give AmaraPure written notice of default and allow it a reasonable period of time to still be able to deliver. The Buyer is not entitled to any compensation for the delay caused.
2. The Buyer is obliged to take delivery of the goods at the time they are made available to it in accordance with the Agreement, even if they are offered earlier or later than agreed.
3. If the Buyer refuses to accept delivery or fails to provide information or instructions necessary for delivery, AmaraPure is entitled to store the goods at the Buyer's expense and risk.
4. If the Products are delivered by AmaraPure or an external carrier, AmaraPure is entitled to charge delivery costs. These will then be invoiced separately unless expressly agreed otherwise.
5. If AmaraPure requires information from the Buyer in connection with the performance of the Agreement, the delivery period shall only commence after the Buyer has provided AmaraPure with all the information necessary for the performance.
6. If AmaraPure has specified a delivery period, this is indicative. Longer delivery periods apply to deliveries outside the Netherlands.
7. AmaraPure is entitled to deliver the goods in parts, unless otherwise agreed in the Agreement or unless the partial delivery has no independent value. AmaraPure is entitled to invoice the goods delivered in this manner separately.
8. Deliveries will only be made if all invoices have been paid, unless expressly agreed otherwise. AmaraPure reserves the right to refuse delivery if there is a well-founded fear of non-payment.

Article 8 – Packaging and transport

1. AmaraPure undertakes to the Buyer to properly package the goods to be delivered and to secure them in such a way that, under normal use, they reach their destination in good condition.
2. Unless otherwise agreed in writing, all deliveries are inclusive of sales tax (VAT), packaging and packaging materials, and mandatory disposal fees.
3. Accepting goods without comments or remarks on the consignment note or receipt constitutes proof that the packaging was in good condition at the time of delivery.
4. Delivery of the product will take place on the ground floor of the Buyer's address. Any vertical transport is at the expense and risk of the Buyer.

Article 9 – Investigation, complaints

1. The Buyer is obliged to inspect the delivered goods at the time of delivery, but in any case within 7 (calendar) days after receipt of the delivered goods, but only to unpack or use them to the extent necessary to assess whether to retain the Product. In doing so, the Buyer must examine whether the quality and quantity of the delivered goods comply with the Agreement and whether the Products meet the requirements that apply to them in normal (commercial) trade.
2. Any visible defects or shortages must be reported to AmaraPure in writing after delivery at support@amarapure.com. The Buyer has a period of 7 days after delivery to do so. Non-visible defects or shortcomings must be reported within 7 (calendar) days after discovery, but no later than 3 months after delivery. If the Product is damaged due to careless handling by the Buyer, the Buyer is liable for any reduction in the value of the Product.
3. If a complaint is made in good time in accordance with the previous paragraph, the Buyer remains obliged to pay for the purchased goods. If the Buyer wishes to return defective goods, this may only be done with the prior written consent of AmaraPure and in the manner specified by AmaraPure.
4. If the Buyer, being a Consumer, exercises their right of withdrawal, they shall return the Product and all accessories, insofar as reasonably possible, in their original condition and packaging to AmaraPure, in accordance with AmaraPure's return instructions. This does not apply to cylinders, which must remain sealed to ensure safety. The direct costs of return shipments are at the expense and risk of the Buyer.
5. AmaraPure is entitled to investigate the authenticity and condition of the returned Products before issuing a refund.
6. Refunds to the Buyer will be processed as soon as possible, but may take up to 14 days after receipt of the Buyer's notice of termination. Refunds will be made to the account number previously provided.
7. If the Buyer exercises its right to complain, the Buyer, being a Company, shall not be entitled to suspend its payment obligation or to offset outstanding invoices.
8. In the event of incomplete delivery and/or if one or more Products are missing, and this is attributable to AmaraPure, AmaraPure will, upon request by the Buyer, send the missing Product(s) or cancel the remaining order. The confirmation of receipt of the Products shall be decisive in this regard. Any damage suffered by the Buyer as a result of the (different) size of the delivery cannot be recovered from AmaraPure.

Article 10 – Installation work

1. AmaraPure will endeavor to carry out the installation with the utmost care, as may be expected of a good contractor. All Work will be carried out on the basis of a best-efforts obligation, unless a result has been explicitly agreed in writing and described in detail. Under no circumstances does AmaraPure guarantee that the Work carried out and/or the goods delivered by it are suitable for the purpose intended by the Buyer.
2. All instructions, directions, advice, and more are deemed to have been given with the express approval of the Buyer if they have been given by employees, subordinates, and/or third parties engaged by the Buyer. Damage resulting from these instructions, etc. being given without authorization or outside the scope of the assignment is entirely at the expense and risk of the Buyer.
3. AmaraPure is entitled to engage third parties at its own discretion for the performance of the Work.
4. The scope of the Work extends to that which has been explicitly agreed upon by the parties and/or included in the fault report. AmaraPure will inform the Buyer of any circumstances that may affect (the availability of) maintenance.
5. The buyer is obliged to ensure that:
   • All information, data, and documents necessary for the performance of the Agreement (including maps, drawings, overviews, models, connections, and more) shall be made available to AmaraPure in a timely manner and in the manner desired by AmaraPure.
   • AmaraPure will be granted access to the location on the agreed date(s) and times, which location complies with the applicable legal (safety) requirements and working conditions (whether or not in accordance with the collective labor agreement). Failing this, AmaraPure is entitled to suspend its work until these requirements are met, without being obliged to pay any compensation for (delay) damage.
   • The third parties engaged by the Buyer perform their work and/or deliveries in such a way that AmaraPure does not experience any delay or obstruction in the performance of the Agreement or Work;
   • AmaraPure has sufficient opportunity for the supply, storage, and/or removal of materials and/or resources in a timely manner;
   • The location is in such a condition that AmaraPure can perform and/or continue its Work without hindrance;
   • AmaraPure at the location has connections for electricity. The Buyer shall reimburse the costs for this. Lost working hours as a result of power failure shall also be borne by the Buyer.
   • The location must have sufficient facilities for the proper and complete collection of waste;
   • The location must (if possible) have a suitable space where AmaraPure tools, machines, materials, and other items can be stored without risk of damage or theft. In the event of theft, loss, or damage, the costs will be borne by the Buyer.
   • The location must have the other facilities reasonably required by AmaraPure, without any (additional) costs being charged to AmaraPure.
6. If the Buyer fails to fulfill the obligations set out in this article in a timely manner, AmaraPure is entitled to suspend the performance of the Agreement until the Buyer has fulfilled its obligations. The costs associated with the delay incurred and/or the costs of performing additional work or other consequences resulting from this shall be borne by the Buyer.
7. If the Buyer fails to fulfill its obligations and AmaraPure refrains from demanding fulfillment from the Buyer, this does not affect AmaraPure's right to demand fulfillment at a later date.
8. In the event of cancellation by the Buyer less than 48 hours before the scheduled appointment, the Buyer shall be liable for the costs incurred in relation to hired employees, as well as reasonable compensation for AmaraPure's lost working hours.
9. If agreed, AmaraPure can configure the Products with an alarm center. AmaraPure will need to provide the necessary data for this.

Article 11 – Additional and reduced work and changes

1. If, during the installation, it becomes apparent that the Agreement needs to be amended and/or supplemented, or (at the Buyer's request) further work is required to achieve the Buyer's desired result, the Buyer is obliged to pay for this additional work at the agreed (hourly) rate, plus additional material costs. AmaraPure is not obliged to comply with this request and may require the Buyer to enter into a supplementary Agreement for this purpose.
2. If a fixed price has been agreed for the work, AmaraPure will inform the Customer about the additional costs or financial consequences of the additional work.
3. If and insofar as a fixed price has been agreed for the performance of certain work, and the performance of that work leads to additional work that cannot reasonably be considered to be included in the fixed price, or the price needs to be increased as a result of incorrect information provided by the Buyer that is relevant to the price determination, (unless AmaraPure should have discovered the inaccuracy of the information before determining the price), AmaraPure is entitled to charge these costs to the Buyer after consultation with the Buyer. If the Buyer, or an authorized employee of the Buyer, is not present at the location, AmaraPure is entitled to either suspend its work or carry out the work it deems necessary in its professional opinion, the costs of which will be borne by the Buyer.
4. In the event of hidden defects, or at least unforeseen circumstances, AmaraPure is entitled to charge additional costs if these circumstances lead to additional work.
5. Price changes resulting from amendments to the Agreement or based on legislation and regulations must be compensated by the Buyer.

Article 12 – Repairs and maintenance

1. If agreed in writing in a maintenance agreement, AmaraPure will perform maintenance and/or repairs. The scope of the maintenance obligation extends to what has been explicitly agreed by the parties. AmaraPure will inform the Buyer of all circumstances that may affect (the availability of) maintenance.
2. The Buyer is obliged to report any defects, errors, or other faults to AmaraPure in writing, after which AmaraPure will repair the defects and/or make improvements as soon as possible and to the best of its ability, in accordance with its usual procedures. If desirable, AmaraPure is entitled to first implement temporary solutions, after which a structural solution can be devised and implemented in consultation with the Buyer.
3. The buyer is obliged to cooperate with AmaraPure upon first request.

Article 13 – Delivery of installation

1. If the commencement, progress, or delivery of the work is delayed because, for example, the Buyer has not provided all the requested information or has not provided it on time, provides insufficient cooperation, the (down) payment is not received by AmaraPure on time, or due to other circumstances that are at the expense and risk of the Buyer, AmaraPure is entitled to a reasonable extension of the delivery period. All agreed delivery periods are never strict deadlines.
2. All damage and additional costs resulting from delays due to a cause mentioned in paragraph 1 are at the expense and risk of the Buyer and may be charged to the Buyer by AmaraPure.
3. AmaraPure will endeavor to complete the Work within the agreed time frame, insofar as this can reasonably be expected of it.
4. When referring to working days, this means all (workable) calendar days with the exception of recognized national holidays and weekends.
5. The buyer has an independent responsibility for the management, use, and maintenance of the items manufactured and/or delivered by AmaraPure.
6. If AmaraPure has indicated that the work is ready for delivery and the Buyer does not approve the work within a reasonable period of time and does not accept it, with or without reservations, or does not put it into use, process it, or have it processed, the Buyer will be deemed to have tacitly accepted the work. Minor defects that can be repaired during the maintenance period are not grounds for non-acceptance of the delivered work if this does not prevent its use. After acceptance, the work is considered to have been delivered.
7. After completion, the work is at the risk of the Buyer. Therefore, the Buyer remains liable for payment, regardless of any destruction or deterioration of the work due to a cause that cannot be attributed to AmaraPure.
8. AmaraPure shall not be liable for defects that the Buyer should reasonably have discovered at the time of delivery, except in the case of intent or deliberate recklessness on the part of AmaraPure.
9. AmaraPure is entitled to deliver and/or perform the work in parts, whereby each partial delivery and/or partial performance may be invoiced separately.

Article 14 – Prices

1. During the period of validity of the Offer, the prices of the Products or Services offered will not be increased, except in the event of changes in VAT rates.
2. The prices stated in the Offer are exclusive of VAT, unless expressly stated otherwise.
3. The prices stated in the Offer are based on the cost factors applicable at the time of concluding the Agreement, such as: import and export duties, freight and unloading costs, insurance, and any levies and taxes.
4. In the case of Products or raw materials subject to price fluctuations on the financial market over which AmaraPure has no influence, AmaraPure may offer these Products at variable prices. The Offer will state that the prices are indicative and may fluctuate.
5. When AmaraPure carries out the assignment (in part) at the Buyer's location, additional costs (travel, call-out, parking, and accommodation costs) will be charged for this, unless otherwise agreed. For Work that is or must be carried out on an urgent basis or outside office hours at the Buyer's request, a surcharge may also be charged as agreed in the quotation and/or Agreement. If items need to be shipped, the Buyer shall reimburse AmaraPure for any additional costs incurred.
6. The Buyer cannot derive any rights or expectations from a budget provided in advance, unless the parties have expressly agreed otherwise. If the price quoted is a target price, this target price may be adjusted during the performance of the Agreement unless AmaraPure has warned the Buyer as soon as possible of the likelihood of a further overrun and has given the Buyer the opportunity to limit or simplify the work. AmaraPure will cooperate, within the limits of reasonableness, in the limitation or simplification. This also applies if the price depends on the estimated time required for the execution of the work.
7. If, between the date of conclusion of the Agreement (or quotation) and its execution, circumstances arise that increase AmaraPure's costs or prices as a result of legislation and regulations, price changes at third parties or suppliers engaged by AmaraPure, or changes in the prices of the necessary semi-finished products, materials, parts, or currency fluctuations, import and export duties (both domestic and foreign), shipping and/or delivery costs, wages, employer's contributions and/or (social) security contributions, etc., AmaraPure is entitled to increase the agreed price or remuneration accordingly and to charge this to the Buyer.
8. The Buyer is obliged to pay the agreed deposit within the specified period before AmaraPure commences with the execution of the Agreement. In any case, the Buyer is obliged to reimburse the costs for the materials in advance.
9. If a dispute arises between the parties regarding the number of hours worked and/or invoiced, AmaraPure's time registration shall be binding, unless the Buyer can prove otherwise with convincing counterevidence.
10. If and insofar as additional costs are incurred and/or there is an increased risk (in the opinion of AmaraPure) during the performance of the Agreement, the Buyer shall pay an additional price for this.

Article 15 – Payment and collection policy

1. Payment should preferably be made in advance in the currency in which the invoice is issued, using the specified method, unless another payment method has been agreed.
2. The buyer cannot derive any rights or expectations from a budget issued in advance, unless the parties have expressly agreed otherwise.
3. The buyer must make a one-time payment to the account number and details provided by AmaraPure. The parties may only agree on a different payment term with the explicit written consent of AmaraPure.
4. If a periodic payment obligation on the part of the Buyer has been agreed, AmaraPure is entitled to adjust the applicable prices and rates in writing, subject to a notice period of three months.
5. In the event of liquidation, bankruptcy, seizure, or suspension of payments by the Buyer, AmaraPure's claims against the Buyer shall become immediately due and payable.
6. AmaraPure has the right to apply payments made by the Buyer first to reduce the costs, then to reduce the interest due, and finally to reduce the principal and the current interest. AmaraPure may, without being in default, refuse an offer of payment if the Buyer specifies a different order of allocation. AmaraPure may refuse full repayment of the principal if the accrued and current interest and the costs are not also paid.
7. If the Buyer fails to meet its payment obligation and has not fulfilled its obligation within the specified payment term of no more than 14 days, the Buyer, being a Company, will be in default. The Buyer, being a Consumer, will first receive a written reminder with a period of 14 days after the date of the reminder to still meet the payment obligation, including a statement of the extrajudicial costs if the Consumer does not meet its obligations within that period, before it is in default.
8. From the date on which the Buyer is in default, AmaraPure will, without further notice of default, claim the statutory (commercial) interest from the first day of default until full payment and reimbursement of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, calculated according to the scale set out in the Decree on compensation for extrajudicial collection costs of July 1, 2012.
9. If AmaraPure has incurred additional or higher costs that are reasonably necessary, these costs will be eligible for reimbursement. The legal and enforcement costs incurred will also be borne by the Buyer.

Article 16 – Retention of title

1. All goods delivered by AmaraPure remain the property of AmaraPure until the Buyer has fulfilled all obligations arising from all Agreements concluded with AmaraPure.
2. The buyer is not authorized to pledge the goods subject to retention of title or to encumber them in any other way if ownership has not yet been fully transferred.
3. If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereto, the Buyer is obliged to inform AmaraPure of this as soon as may reasonably be expected.
4. In the event that AmaraPure wishes to exercise its property rights referred to in this article, the Buyer hereby grants AmaraPure or third parties designated by AmaraPure unconditional and irrevocable permission and authorization to enter all locations where AmaraPure's property is located and to take back those items.
5. AmaraPure has the right to retain the Product(s) purchased by the Buyer if the Buyer has not yet (fully) fulfilled its payment obligations, despite an obligation to transfer or deliver on the part of AmaraPure. Once the Buyer has fulfilled its obligations, AmaraPure will endeavor to deliver the purchased Products to the Buyer as soon as possible, but no later than within 20 working days.
6. Costs and other (consequential) damage resulting from the possession of the purchased Products are at the expense and risk of the Buyer and shall be reimbursed to AmaraPure by the Buyer upon first request.

Article 17 – Warranty

1. AmaraPure guarantees that the Products comply with the Agreement, the specifications stated in the offer, usability and/or soundness, and the legal rules/regulations at the time of the conclusion of the Agreement. However, this does not apply if the goods to be delivered are intended for use abroad and the Buyer has expressly notified the Seller of this use in writing at the time of entering into the Agreement.
2. Every warranty is explicitly agreed in writing. Product warranties never extend beyond what is provided by the manufacturer or what has been explicitly agreed. In the event of a conflict, the warranty provided by the manufacturer prevails. AmaraPure does not provide any warranty for sales and/or installation abroad. The warranty period depends on the Product and is the responsibility of the manufacturer/producer. AmaraPure is only responsible for ensuring that the Product has the characteristics that the buyer could reasonably expect it to have.
3. The Buyer may only invoke the warranty provided by AmaraPure if the Buyer has fully complied with its payment obligations.
4. If the Buyer rightly invokes an agreed warranty, AmaraPure is obliged to repair or replace the delivered goods free of charge. If there is any additional damage, the applicable provisions of liability in these general terms and conditions will apply. The warranty will lapse:
   1. once the warranty period has expired or the warranty obligation has lapsed.
   2. as long as the Buyer is in default towards AmaraPure;
   3. if the Buyer has carried out repair and/or installation work themselves, or has had this carried out by third parties;
   4. in the event of exposure to abnormal conditions and use contrary to the instructions for use;
   5. if the Buyer has used Products other than those prescribed by AmaraPure and/or the manufacturer;

Article 18 – Suspension and termination

1. AmaraPure is entitled to suspend the fulfillment of its obligations or to terminate the Agreement if the Buyer fails to fulfill its (payment) obligations under the Agreement, either in whole or in part.
2. Furthermore, AmaraPure is authorized to terminate the Agreement between it and the Buyer, insofar as it has not yet been performed, without judicial intervention, if the Buyer fails to fulfill its obligations under any Agreement concluded with AmaraPure in a timely or proper manner.
3. Furthermore, AmaraPure is authorized to dissolve the Agreement without prior notice of default if circumstances arise that are of such a nature that fulfillment of the Agreement is impossible or can no longer be demanded in accordance with standards of reasonableness and fairness, or if other circumstances arise that are of such a nature that unaltered maintenance of the Agreement cannot reasonably be expected.
4. If the Agreement is terminated, AmaraPure's claims against the Buyer shall become immediately due and payable. If AmaraPure suspends the fulfillment of its obligations, it shall retain its rights under the law and the Agreement.
5. AmaraPure reserves the right to claim damages at any time.

Article 19 – Limitation of liability

1. If the performance of the Agreement by AmaraPure leads to AmaraPure's liability towards the Buyer or third parties, that liability shall be limited to the costs charged by AmaraPure in connection with the Agreement, unless the damage was caused by intent or gross negligence.
2. AmaraPure is not liable for consequential damage in any form whatsoever, including business damage, loss of profit and/or loss suffered, lost savings and damage due to business interruption and damage resulting from the use of the delivered Products is excluded. For Consumers, a limitation applies in accordance with what is permitted under Article 7:24(2) of the Dutch Civil Code.
3. AmaraPure is not liable for and/or obliged to repair damage caused by the use of the Product. AmaraPure provides strict maintenance and usage instructions that must be followed by the Buyer. All damage to Products resulting from use is expressly excluded from liability (this includes signs of wear and tear, damage caused by use, damage caused by falling, light and water damage, theft, loss, etc.).
4. If, after delivery, the work exhibits defects for which AmaraPure is (proven to be) liable, AmaraPure must be given the opportunity to remedy the defects within a reasonable period of time. The buyer is liable for damage to the work resulting from work carried out by it or by third parties on its behalf.
5. The Buyer is also liable for loss and/or theft of and/or damage to the items, tools, materials, and more that AmaraPure uses in the context of the performance of the Agreement during the performance of the Work at the Buyer's premises, including damage caused by imperfections, defects, and more at the work location.
6. AmaraPure is not liable for damage resulting or that may result from any action or omission based on (incomplete and/or incorrect) information on the website(s) or linked websites.
7. AmaraPure is not responsible for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or the unavailability of the website for any reason whatsoever.
8. AmaraPure is not responsible for the correct and complete transmission of the content of emails sent by/on behalf of AmaraPure, nor for their timely receipt.
9. All claims by the Buyer due to shortcomings on the part of AmaraPure will lapse if they are not reported to AmaraPure in writing, stating reasons, within one year after the Buyer became aware or could reasonably have become aware of the facts on which it bases its claims. All claims by the Buyer will lapse in any case one year after the termination of the Agreement.

Article 20 – Disclaimer regarding the accuracy of information

1. The Buyer is responsible for the accuracy, reliability, and completeness of all data, information, documents, and/or records that it provides to AmaraPure in the context of an Agreement. The Buyer is also responsible for this if this data originates from third parties. If AmaraPure is aware of, or should reasonably have been aware of, any inaccuracies in the order, including errors or defects in the plans, drawings, calculations, specifications, or implementation instructions provided by the Buyer, AmaraPure is obliged to warn the Buyer of this.
2. The buyer indemnifies AmaraPure against any liability arising from failure to fulfill the obligations set out in the previous paragraph, either in whole or in part, or failure to do so in a timely manner.
3. The Buyer indemnifies AmaraPure against any third-party claims relating to intellectual property rights on the data and information provided by the Buyer, which may be used in the performance of the Agreement.
4. The buyer is responsible for obtaining all necessary (building) permits. The buyer indemnifies AmaraPure against all claims resulting from the lack of (building) permits.
5. If the Buyer provides AmaraPure with electronic files, software, or data carriers, the Buyer guarantees that these are free of viruses and defects.
6. The buyer also indemnifies AmaraPure against all damages, fines, penalties, claims, and other government measures.

Article 21 – Force Majeure

1. AmaraPure shall not be liable if, as a result of a force majeure situation, it is unable to fulfill its obligations under the Agreement, nor shall it be bound to fulfill any obligation if it is prevented from doing so as a result of circumstances beyond its control and not attributable to its fault, nor under the law, legal act, or generally accepted practice.
2. Force majeure shall in any case be understood to mean, but is not limited to, what is understood in this regard in law and case law, (i) force majeure on the part of AmaraPure's suppliers, (ii) the failure of suppliers to properly fulfill obligations prescribed or recommended by the Buyer to AmaraPure, (iii) defects in goods, equipment, software, or materials from third parties, (iv) government measures, (v) power failures, (vi) malfunctions of the internet, data network, and telecommunications facilities (e.g., due to cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, and (x) other situations which, in AmaraPure's opinion, are beyond its control and which temporarily or permanently prevent it from fulfilling its obligations.
3. AmaraPure has the right to invoke force majeure if the circumstance preventing (further) performance occurs after AmaraPure should have fulfilled its obligation.
4. The parties may suspend their obligations under the Agreement for the duration of the force majeure. If this period lasts longer than two months, either party is entitled to terminate the Agreement without being obliged to compensate the other party for any damage.
5. Insofar as AmaraPure has already partially fulfilled its obligations under the Agreement at the time of the occurrence of force majeure, or will be able to fulfill them, and the fulfilled or to be fulfilled part has independent value, AmaraPure is entitled to invoice the already fulfilled or to be fulfilled part separately. The Buyer is obliged to pay this invoice as if it were a separate Agreement.

Article 22 – Transfer of risk

1. The risk of loss or damage to the Products that are the subject of the sales agreement is transferred to the Buyer, being a Company, at the moment the goods leave AmaraPure's warehouse. For Consumers, the above-mentioned risk is transferred to the Buyer when the Products are delivered into the Buyer's possession. This is the case when the Products are delivered to the Buyer's delivery address.
2. With regard to the installation/assembly of the Products, the aforementioned risk shall transfer at the moment that the work or the Products are brought under the control of the Buyer after installation by AmaraPure.

Article 23 – Intellectual Property Rights

1. All intellectual property rights and copyrights of AmaraPure are vested exclusively in AmaraPure and are not transferred to the Buyer.
2. The Buyer is prohibited from disclosing and/or reproducing, modifying, or making available to third parties any documents to which the intellectual property rights and copyrights of AmaraPure and/or the relevant manufacturer and/or supplier apply without the express prior written consent of AmaraPure. If the Buyer wishes to make changes to goods delivered by AmaraPure, AmaraPure must explicitly agree to the proposed changes.
3. The Buyer is prohibited from using the Products to which AmaraPure's intellectual property rights apply in any way other than as agreed in the Agreement.

Article 24 – Privacy, data processing, and security

1. AmaraPure handles the (personal) data of the Buyer and visitors to the website(s) with care. If requested, AmaraPure will inform the person concerned about this.
2. If AmaraPure is required to provide information security under the Agreement, this security shall comply with the agreed specifications and a level of security that is not unreasonable in view of the state of the art, the sensitivity of the data, and the associated costs.

Article 25 – Complaints

1. If the Buyer is not satisfied with the Products of AmaraPure and/or has complaints about the Agreement (or its execution), the Buyer is obliged to report these complaints as soon as possible, but no later than 14 working days after the event that led to the complaint. Complaints can be reported via support@amarapure.com with the subject line "Complaint."
2. The complaint must be sufficiently substantiated and/or explained by the Buyer in order for AmaraPure to be able to process it.
3. AmaraPure will respond to the complaint as soon as possible, but no later than 14 calendar days after receiving it.
4. The parties will attempt to reach a solution together. If the complaint is found to be justified, the same or a similar product will be replaced free of charge in consultation with the Buyer.

Article 26 – Applicable law

1. All Agreements between AmaraPure and the Buyer are governed by Dutch law. The applicability of the Vienna Sales Convention (CISG) is expressly excluded.
2. In the event of clarification of the content and meaning of these general terms and conditions, the Dutch text shall always be decisive. AmaraPure reserves the right to unilaterally amend these general terms and conditions.
3. All disputes arising from or in connection with the Agreement between AmaraPure and the Buyer shall be settled by the competent court in Midden-Nederland (location Utrecht), unless provisions of mandatory law lead to the jurisdiction of another court.

Article 27 – Complaints

It is always possible that something may not go entirely as planned. We recommend that you first report any complaints to us by emailing support@amarapure.com. If this does not lead to a solution, it is possible to submit your dispute for mediation via Stichting WebwinkelKeur via this link.

The reference to the European Commission's ODR platform is no longer applicable, as this platform is being discontinued. We recommend removing this reference from the terms and conditions.