Terms and Conditions

Article 1. General
1. These General Terms and Conditions apply to all quotations and agreements, as well as all products and services supplied by Allrackets.com, unless expressly agreed otherwise in writing.
2. The applicability of any general specific terms or conditions of the Customer is expressly rejected by Allrackets.com.
3. All prices are stated in Euros (€), including sales tax (VAT) and other levies imposed by the government.
4. Allrackets.com is not liable, neither by law nor by Agreement, for so-called consequential damage that the Customer or a third party may suffer in connection with (the use of) the Products. This also includes loss of profit, business damage, loss of data and immaterial damage.
5. Deviations from and additions to any provision in an Agreement and/or the General Terms and Conditions only apply if they have been recorded in writing by Allrackets.com and only relate to the relevant Agreement.

Article 2. Quotations
1. Allrackets.com is only bound to a quotation if the Customer's unaltered acceptance is confirmed in writing within 8 days, unless stated otherwise in the quotation/agreement.

Article 3. Agreement
1. The Customer is bound by the agreement in all cases. Even if this is agreed verbally or by e-mail.
2. Allrackets.com reserves the right not to accept orders or assignments without giving a reason, or only under different conditions. If the order can only be carried out under different conditions, the Customer has the right to cancel the order free of charge.
3. If and insofar as proper execution of the agreement requires or permits this, Allrackets.com has the right to have certain work carried out by third parties.

Article 4. Delivery time
1. All (delivery) periods stated by Allrackets.com are approximate and have been determined on the basis of the data and circumstances known to Allrackets.com at the time the agreement was entered into. Specified delivery times can never be regarded as a deadline. If a change in the data and/or circumstances, regardless of their foreseeability, results in a delay, the delivery date will be delayed accordingly. In the event of late delivery, Allrackets.com must be given written notice of default, whereby it must be offered a reasonable period for delivery.
2. Exceeding the delivery times specified by Allrackets.com, for whatever reason, never entitles the Customer to compensation or non-fulfillment of any obligation incumbent on him under the relevant agreement or a related agreement.
3. In the event that Allrackets.com cancels the order in whole or in part, it is entitled to take back the unpaid part of the delivered goods. Dissolution and/or return does not affect Allrackets.com's right to compensation. are collected by him, the goods will be stored at his disposal at his expense and risk.
4. If the maximum delivery time of 30 working days is exceeded, you have the right to terminate the agreement free of charge. To do this, you must send an e-mail, fax or letter to Allrackets.com. In that case, any payments will be returned to you within 30 working days after notification.

Article 5. Changes to the Agreement
1. If during the execution of the agreement it appears that for proper execution it is necessary to change or supplement the work to be performed, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation. Due to the rapidly changing collections and batch offers, the color or motif in the photo shown may differ slightly from the product to be delivered.
2. If the parties agree that the agreement will be amended or supplemented, the time of completion of the execution may be affected. Allrackets.com will inform the Customer of this as soon as possible.
3. If the change or addition to the agreement has financial and/or qualitative consequences, Allrackets.com will inform the Customer of this in advance. If a fixed fee has been agreed, Allrackets.com will indicate to what extent the change or addition to the agreement will result in this fee being exceeded.
4. Notwithstanding paragraph 3, Allrackets.com will not be able to charge additional costs if the change or addition is the result of circumstances that can be attributed to Allrackets.com.

Article 6. Termination/Dissolution
1. In the event of premature termination, Allrackets.com is, in addition to reimbursement of the costs incurred, entitled to a reasonably determined part of the total compensation, taking into account the work already performed and the benefit that the Customer receives from it.
2. The claims of Allrackets.com on the Customer are immediately due and payable in the following cases: - if circumstances come to Allrackets.com's attention after the conclusion of the agreement give Allrackets.com good reason to fear that the Customer will not fulfill its obligations will satisfy; - if Allrackets.com has asked the Customer to provide security for compliance when concluding the agreement and this security is not provided or is insufficient.
3. In the cases mentioned above, Allrackets.com is entitled to terminate the further execution of the agreement, without prejudice to Allrackets.com's right to claim damages.

Article 7. Cooling-off period
1. After the customer has received the product he/she ordered, the customer has the authority to terminate the underlying agreement with Allrackets.com within two (2) working days after receipt of this product. The customer must provide a good reason for this, at the discretion of Allrackets.com.nl.
2. If the customer wishes to terminate the agreement in accordance with Article 7.1 of these conditions, the customer must notify Allrackets.com in writing (via e-mail or letter). The customer must send the product - after consultation with Allrackets.com - to a return address determined by Allrackets.com. This must be done in the original, undamaged packaging. Opened packages will not be taken back; opening the package means that you wish to keep the product(s). The customer must bear the costs and risk of shipping himself.
3. If the customer has already made any payments at the time the customer concludes the agreement with Allrackets.com pursuant to Article 7.1. and 7.2 of these Purchase Conditions, Allrackets.com will refund these payments to the customer within fourteen (14) working days after Allrackets.com has received the product returned by the customer. Allrackets.com 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 due to the fault of the customer (other than that of Allrackets.com or the supplier of the product).
4. If a product is returned that, in the opinion of Allrackets.com, has suffered damage that is due to an act or omission of the customer or is otherwise at the customer's risk, Allrackets.com will inform the customer of this in writing (by letter or email). Allrackets.com has the right to deduct the depreciation of the product as a result of this damage from the amount to be refunded to the customer.

Article 8. Execution
1. Allrackets.com will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2. If no fixed price is agreed, the compensation will be determined on the basis of hours actually spent. The compensation is calculated according to the usual hourly rates of Allrackets.com, applicable for the period in which the work is carried out, unless a different hourly rate has been agreed.

Article 9. Compensation
1. Paragraph 2 of this article applies to offers and agreements in which a fixed price is offered or agreed. If no fixed fee is agreed, paragraphs 3, 4 and 5 of this article apply.
2. Parties can agree on a fixed price when concluding the agreement. The fixed price includes VAT, travel hours, travel and accommodation costs.
3. Any cost estimates include VAT, travel time, travel and accommodation costs. For orders with a term of more than 1 month, the costs due will be charged monthly.

Article 10. Payment
1. Unless expressly agreed otherwise, delivery will only take place upon advance payment.
2. If the Customer has not paid an invoice from Allrackets.com within 14 days after the payment term, the Customer is in default. In that case, all claims of Allrackets.com on the Customer for whatever reason are immediately due and payable.

Article 11. Guarantee
1. The warranty is determined in accordance with applicable law, whereby in the event of defects we will first exchange the products if desired. If the exchanged product also shows defects, you can return the products for a refund of the full purchase amount (excluding shipping costs). See also Article. 7
2. If Allrackets.com has made it plausible that products are used for resale, no warranty is given on the delivered product and any right of return lapses.

Article 12. Retention of title
1. All goods delivered to the Customer remain the property of Allrackets.com until full payment of all amounts, including costs, that the customer owes for the goods delivered or to be delivered under the agreement or services performed or to be performed under the agreement. , as well as in respect of claims due to failure to comply with the said agreement.
2. The Customer is obliged to ensure careful handling of the goods and does not have the right to encumber and/or pledge the delivered goods and/or to establish (silent) liens on them other than after written permission from Allrackets.com. as long as the Customer has not fully fulfilled his obligations to Allrackets.com.
3. If Allrackets.com cancels the order in whole or in part, it is entitled to take back the unpaid part of the delivered goods. Dissolution and/or return does not affect Allrackets.com's right to compensation. are collected by him, the goods will be stored at his disposal at his expense and risk.

Article 13. Force majeure
1. If Allrackets.com cannot fulfill its obligations towards the Customer due to force majeure, the fulfillment of those obligations will be suspended for the duration of the force majeure situation.
2. In the event of Force Majeure, the Customer is not entitled to any (damage) compensation, even if Allrackets.com may have any advantage as a result of the force majeure
3. Allrackets.com will inform the Customer as soon as possible of (impending) Force Majeure.

Article 14. Defects; Complaint period
1. Complaints about the work performed must be reported in writing by the Customer to Allrackets.com within eight days of discovery, but no later than thirty days after completion of the work in question.
2. If a complaint is justified, Allrackets.com will still carry out the work as agreed, unless otherwise agreed.
3. Although we take the utmost care with the images shown and product information, no rights can be derived from them.
4. Complaints made public in any way will be declared inadmissible by the management of Allrackets.com. Damage to Allrackets.com resulting from public communication can be recovered from the perpetrator.

Article 15. Applicable law
1. Dutch law applies to every agreement between Allrackets.com and the Customer.

Drawn up 2018, in Delft

Article 1 - Definitions

In these general terms and conditions the following definitions apply:
1. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Distance contract: an agreement in which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for communication on distance;
4. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur meeting simultaneously in the same room;
5. Reflection period: the period within which the consumer can make use of his right of withdrawal;
6. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
7. Day: calendar day;
8. Duration transaction: a distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
9. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation and unaltered reproduction of the stored information.

Article 2 - Identity of the entrepreneur

AllRackets.com
Email: info@allrackets.com
Chamber of Commerce Haaglanden no. 57065039
VAT nr: NL002019469B33
OB no: NL179361296B01
IBAN: NL92INGB0005780922
EORI no: NL179361296
EORI No: GB075652983000
VAT no: EN372 8304 91
SIC Code: 47640

Article 3 - Applicability

  1. These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance between businesses and consumers.
  2. Before the distance contract is concluded, the text of these general conditions made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, indicated that the general conditions for the entrepreneur to see and they will be sent. As soon as possible free of charge to the consumer
  3. If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions are set in such a way that the consumer in the consumer made available electronically a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, indicated where the general conditions may be taken and that they electronically or otherwise will be sent free of charge. Request of the consumer electronically
  4. In the event that in addition to these terms and conditions specific product or service conditions apply, the second and third paragraphs shall apply and the consumer in case of conflicting terms always rely on the applicable provision that is most favorable to him 's.

Article 4 - The offer

  1. If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
  2. The offer includes a complete and accurate description of the products and / or services. The description is sufficiently detailed to allow. Proper assessment of the offer by the consumer If the contractor uses these images are a true representation of the products and / or services. Obvious mistakes or errors in the offer does not bind the entrepreneur.
  3. Each offer contains such information that is clear to the consumer what rights and obligations are involved in accepting the offer. This concerns in particular:
    · the price including taxes;
    · any costs of delivery;
    · the manner in which the agreement will be concluded and which actions are required for this;
    · whether or not the right of withdrawal applies;
    · the method of payment, delivery or performance of the agreement;
    · the term for acceptance of the offer, or the term for keeping the price unconditional;
    · the level of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the basic rate;
    · if the agreement is archived after its conclusion, how it can be consulted by the consumer;
    · the way in which the consumer can become aware of acts that he does not want before concluding the agreement, as well as the way in which he can rectify these before the agreement is concluded;
    · the possible languages ​​in which, in addition to Dutch, the agreement can be concluded;
    · the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
    · the minimum duration of the distance contract in the event of an agreement that extends to continuous or periodic delivery of products or services.

Article 5 - The Agreement

  1. The agreement is subject to the provisions of paragraph 4, established at the time the consumer accepts the offer and meet the corresponding conditions.
  2. If the consumer has accepted the offer electronically, the trader will immediately confirm electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed, the consumer may rescind the contract.
  3. If the agreement is established electronically, the entrepreneur finds appropriate technical and organizational measures to ensure the electronic data transfer and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate safety measures.
  4. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure that the entrepreneur can – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the execution. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
  5. The entrepreneur will the product or service to the consumer the following information, in writing or in such a way that it can be stored on a durable medium, enclose the consumer in an accessible manner:
  • the visiting address of the establishment of the business where the consumer can lodge complaints;
  • b. the conditions under which and the manner in which the consumer of the right of withdrawal may be exercised, or a clear statement regarding the exclusion of the right of withdrawal;
  • c. information on existing after sales service and guarantees;
  • d. contained in Article 4 3 paragraph of these conditions, unless the trader has provided before concluding the contract this information to the consumer;
  • e. the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite.

6. If the entrepreneur is committed to delivering a range of products or services, the provision in the preceding paragraph shall apply only to the first delivery.

Article 6a - Right of withdrawal upon delivery of products

1. When purchasing products, the consumer has the option to dissolve the agreement without stating reasons during seven working days. This period starts on the day after receipt of the product by or on behalf of the consumer.

2. During this period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

Article 6b - Right of withdrawal upon delivery of services

1. When providing services, the consumer has the option to dissolve the agreement without stating reasons during seven working days, commencing on the day of entering into the agreement.

2. In order to use his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur in the offer and / or appearance at the time of delivery. 

Article 7 - Cost in case of revocation

1. If the consumer makes use of his right of withdrawal, the costs of return will be borne at most.

2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible but no later than within 30 days after the return or cancellation.

Article 8 - Exclusion of right of withdrawal

1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has stated this clearly in the offer, at least in time for the conclusion of the agreement.

2. Exclusion of the right of withdrawal is only possible for products:
a) that have been created by the entrepreneur in accordance with the consumer's specifications;
b) which are clearly personal in nature;
c) which by their nature cannot be returned;
d) which can spoil or age quickly;
e) that come from the sale;
f) the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
g) for loose newspapers and magazines;
h) for audio and video recordings and computer software of which the consumer has broken the seal.

  1. Exclusion of the right of withdrawal is only possible for services:
    a) concerning accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period;
    b) the delivery of which has started with the express consent of the consumer before the cooling-off period has expired;
    c) regarding betting and lotteries.

Article 9 - The price

  1. 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 as a result of changes in VAT rates.
  2. Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, with variable prices. These fluctuations and the fact that any price targets, are stated in the offer.
  3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
  4. Price increases 3 months after the conclusion of the contract are only permitted if the trader has agreed to this and:
    a) they are the result of legal regulations or provisions; or
    b) the consumer has the authority to terminate the contract by the day on which the price increase takes effect.
  5. The supply of products or services mentioned prices include VAT.

Article 10 - Conformity and Warranty

  1. The trader guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability and and on the date of the conclusion of the agreement existing legal provisions / or government regulations.
  2. An arrangement offered by the trader, manufacturer or importer as a guarantee does not affect the rights and claims that consumers entrepreneur can assert on the basis of the law and / in respect of a failure to fulfill the obligations of the employer against or the distance contract.

Article 11 - Delivery and execution

  1. The entrepeneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has informed to the company.
  3. With due observance of the provisions in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but no later than within 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification no later than one month after placing the order. In that case, the consumer has the right to terminate the contract without penalty and the right to any compensation.
  4. In case of dissolution in accordance with the preceding paragraph, the trader will refund the consumer as soon as possible, but no later than paid 30 days after repudiation.
  5. If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of return shipment are for the account of the entrepreneur.
  6. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless explicitly agreed otherwise.

Article 12 - Duration transactions

  1. The consumer can cancel an agreement that has been concluded for an indefinite period of time at any time with due observance of the agreed termination rules and a notice period of at most one month.
  2. A contract that has been entered into for a definite period has a maximum duration of two years. If it has been agreed that the distance contract will be extended if the consumer is silent, the contract will be continued as a contract for an indefinite period of time and the cancellation period after continuation of the contract will be a maximum of one month.

Article 13 - Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within fourteen days after delivery of the good or, in the case of an agreement to provide a service, within 14 days after the documents relating to this agreement have been issued.
  2. When selling products to consumers are stipulated. In terms never a prepayment of more than 50% If payment is agreed, the consumer may not assert any rights regarding the execution of the order or service (s) before the advance payment has been made.
  3. The consumer has the duty to report. Inaccuracies in data supplied or specified payment immediately to the operator
  4. In case of default by the consumer, the operator subject to statutory limitations, the right to the consumer to spend. Advance reasonable expenses will be made known

Article 14 - Complaints

  1. The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
  2. Complaints about the implementation of the agreement must promptly, fully and clearly described to be submitted to the entrepreneur, after the consumer has discovered the defects.
  3. Complaints submitted to the trader will be answered from the date of receipt. Within 14 days If a complaint is a foreseeable longer processing time, within the period of the 14 days responded with an acknowledgment of receipt and indicating when the consumer can expect. A more detailed answer

Article 15 - Additional or derogatory provisions

Additional provisions or provisions that deviate from these general terms and conditions 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.