Terms and conditions
1.1 These Terms and Conditions apply to all offers made by Stichting Air Combat Europe, henceforth named ACE and to all agreements made with ACE.
1.2 Aside from these Terms and Conditions additional requirements may be applicable to certain services and/or products in case clearly stated.
1.3 Deviation of all that is decided within these Terms and Conditions can only happen when this has been agreed explicitly in writing, in which case all remaining provisions of these requirements will remain in full force.
1.4 When the Buyer also refers to his Terms and Conditions, it should be noted that these Terms and Conditions are not applicable unless clearly agreed to in writing by ACE.
1.5 ACE’s website focuses exclusively on the Dutch and Belgian market.
1.6 “Buyer” means any visitor of the website and/or any natural person or cooperation who has or enters into a contractual relationship of whatever form with ACE.
1.7 ACE reserves the right to change these Terms and Conditions to legal norms in Holland.
1.8 Buyer agrees to these Terms and Conditions when using ACE’s website and/or placing an order, as well as all other rights and requirements as they are stated on the website.
2. Offers and Agreements
2.1 Offers are valid while stocks last. With offers through the Internet, this will be notified via telephone or e-mail.
2.2 An ascribed offer remains valid for 2 weeks, unless another term is stated on the offer.
2.3 An agreement comes about as soon as a confirmation of the order has been sent to the buyer’s given email- or postal address, by email or mail.
2.4 Buyer and ACE explicitly agree that a valid agreement comes about through using electronic means of communication, as soon as the requirements as stated in 2.1 and 2.3 have been met. Especially the absence of a normal signature does not expedite the binding power of the offer and the accepting of said offer. Electronic documents held by ACE will count as presumptive evidence to the extend permitted by the law.
2.5 Information, pictures, announcements made orally, via telephone or e-mail and statements of applicability regarding all offers and the most important features of products will be made and displayed as accurately as possible. However, ACE cannot guarantee that all offers and products are in accordance to the given information or applicability. Deviations principally cannot be cause for damage restitution and/or termination of the agreement.
3.1 All prices are in Euro’s, in agreement with all regarding legal requirements and including sales taxes.
3.2 Special offers are only valid through the term stated with the offer. This statement will be printed or included on the website regarding the special offer. These periods always coincide.
3.3 The Buyer owes the price as mentioned by ACE in the confirmation sent in accordance to article 2 of these Terms and Conditions. Apparent (manipulated) mistakes in the estimate, such as evident errors, can also be corrected by ACE after the agreement has been made.
3.4 Delivery costs are not included in the price.
3.5 When an entire delivery is returned without mention of reason or consultation, additional costs will be charged!
4.1 Payment methods for orders made through the website are as follows: ideal. ACE may expand the payment methods in the future. Other payment methods will be announced on the website or through a written announcement by ACE.
4.2 All (extra-) judicial costs in whatever form will be billed to the Buyer when ACE has to make (payment) commitments due to non-compliance of the Buyer. ACE holds the right to immediately annul the agreement or postpone (further) delivery until the Buyer has complied with all payments, including payment of the owed interest and costs.
5. Delivery and time of delivery
5.1 Orders will be delivered as soon as possible. ACE strives to send off all orders within one working day. However, said delivery time only counts as an indication and never counts as a deadline. ACE may mention or include further information regarding delivery times on the website or by other written means. Such information is indicative. Unless otherwise stated, maximum delivery time will be 30 days. When this delivery time is unattainable, we will inform you as such. You will then have the right to annul the agreement. Payments made will be restituted as soon as possible, though no later than 30 days.
5.2 When a Buyer places an order that is temporarily out of stock, the Buyer will be notified when the product will be available again. The Buyer will be notified of delays through e-mail or telephone.
5.3 Deliveries occur at the address stated in the agreement by the Buyer.
5.4 Risk of loss or damage of the product stated in the agreement is transferred to the Buyer as soon as the product is legally and/or factually delivered and placed within the power of the Buyer or a third party as indicated by the Buyer.
5.5 Deviating Terms and Conditions may apply when deliveries are to be made overseas.
6. Exchanges and right of withdrawal
6.1 The Buyer is obliged to inspect the products immediately and accurately upon delivery. In case of an agreement with individual buyers in which communication was exclusively electronic, the individual buyer holds the right to withdrawal within fourteen (14) days of the delivery of the product, without stating reasons and without being fined.
6.2 ACE takes care of refunds within 14 days when the individual buyer instates the right of withdrawal as mentioned in 6.1.
7. Retention of Title
7.1. The product becomes the Buyers property once all payments have been completed.
8. Guarantee and Liability
8.1 ACE guarantees that the supplies that are to be delivered meet the usual requirements and standards that can be expected and are free of any defects.
8.2 The proof of purchase counts as proof with respect to the warranty.
8.3 ACE can never be held to payment of compensation to the Buyer or others, unless there is proof of intent or gross negligence on the par of ACE. ACE is never liable for consequential or indirect damage and loss.
8.4 In case ACE is, for whatever reason, bound to compensate any damage, this compensation will never be higher than the invoice value with respect to the product or service which caused the damage.
8.5 Notwithstanding the provisions of this article, there can be no guarantee if wear and tear can be regarded as normal and in the following cases:
– in case changes have been made to the product, including repairs made without consent of ACE or the manufacturer;
– in case the original invoice cannot be submitted, has been changed or made unreadable;
– in case of defects are the result of not using the corresponding destination or improper use;
– in case damage is caused with intent, gross negligence or omission.
8.6 The Buyer is to safeguard ACE from any claims third parties might make in respect of the agreement with ACE, to the extent that the law does not preclude the need to get the damages and costs borne by the Buyer. The Buyer is mandated to return the product to ACE in order to effectuate a good assessment and handling of the warranty claim. ACE is mandated to deliver an equivalent of the product unless otherwise agreed when a complaint is upheld.
8.7 Lawful warranty claims remain in force aside from these warranty claims. A probable warranty settlement granted by the company does not influence the rights that the consumer can assert to the company on the basis of the law and the distance contract. A probably warranty settlement granted by the manufacturer or importer does not influence the rights that the consumer can assert to the company on the basis of the law, the distance contract and the guarantee granted by the company.
9. Force Majeure
9.1 In case of circumstances beyond ACE’s control, ACE cannot be held to her obligations towards the Buyer, respectively the obligation is suspended for the duration of the force majeure.
9.2 Force majeure is defined as any circumstance beyond control, thus totally or partially preventing ACE from fulfilling its obligations to the Buyer. These circumstances include strikes, fire, business-related malfunctions, power failures, no or tardy delivery by suppliers or other third parties engaged. Also defined as force majeure are failures in a (telecommunications) network or connection or used communication systems and/or the website unavailability of the website at a given moment.
10. Intellectual Property
10.1 The Buyer explicitly recognizes that all rights of intellectual property of displayed information, announcements or other expressions regarding products and/or regarding the website lie with ACE, her suppliers or other legal parties.
11. Personal Data