General Terms & Conditions
Art. 1 Definitions
Unless explicitly stated otherwise, for purposes of these general terms and conditions the following terms shall have the following meanings.
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Airbnbook: the user of the general terms and conditions;
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Consumer: a counterpart who is a natural person and is not engaged in exercising a business or profession;
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Agreement: the agreement between user and consumer;
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Consumer purchase: the purchase and sale agreement with respect to a movable good, which is entered into by a seller engaged in exercising a business or profession, and the consumer, natural person, who is not engaged in exercising a business or profession.
Art. 2 General
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Insofar as parties have not expressly deviated from these general terms and conditions in writing, said general terms and conditions shall apply to each offer and agreement between Airbnbook and the consumer to which these general terms and conditions have been declared applicable by the user.
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The general terms and conditions hereunder shall also apply to the agreements with Airbnbook that require the services of third parties to carry out the assignment.
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Any deviations from these general terms and conditions shall only be valid if these are explicitly agreed upon in writing.
Art. 3 Application
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All legal relationships, resulting from orders placed via the Airbnbook website www.airbnbook.com, where Airbnbook will be serving as the supplier of products, shall be subject to these general terms and conditions to the exclusion of all other general terms and conditions.
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By filling out the order form on www.airbnbook.com, the consumer hereby accepts the Airbnbook general terms and conditions of delivery and accepts that these shall form a part of the purchase agreement between the consumer and Airbnbook.
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Airbnbook has the right to change these general terms and conditions and the content of the website. The purchase agreement specified in article 3.2 contains all the arrangements that are agreed upon between the consumer and Airbnbook and shall replace all previous agreements, engagements and arrangements.
Art. 4 Offers
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All offers on the Airbnbook website are free of engagement and shall take place subject to the availability of products.
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Airbnbook cannot be held responsible for its offers if, in all reasonableness and fairness and within the context of socially acceptable perceptions, the consumer is deemed to have understood that the offer or a part thereof clearly contains a mistake or error in writing.
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Offers do not automatically apply to repeat orders.
Art. 5 Realisation of the agreement
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The agreement shall be realised as soon as the consumer has given to understand that he/she accepts the Airbnbook offer by completely and correctly filling out the Airbnbook online order form.
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Airbnbook shall confirm the consumer’s online order by sending an order confirmation via e-mail.
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With the exception of evidence to the contrary, the Airbnbook administration shall apply as proof of the consumer’s assignments and payments to Airbnbook and for deliveries made by Airbnbook. Airbnbook hereby acknowledges that electronic communication can serve as evidence. By accepting Airbnbook’s general terms and conditions, the consumer also acknowledges this.
Art. 6 Orders/Communication
Airbnbook shall in no way be held liable for misunderstandings, damage, delays or unclear orders and announcements resulting from the use of the Internet or any other means of communication in the correspondence between the consumer and Airbnbook, or between Airbnbook and third parties, insofar as these relate to the relation between the consumer and Airbnbook.
Art. 7 Prices/Tariffs
All prices specified on the Airbnbook website are in Euros or US Dollars and include the Dutch value added tax (VAT) and other governmental levies and are exclusive of shipment and delivery costs, unless specified otherwise or agreed upon in writing.
Art. 8 Delivery
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Orders requiring multiple shipments, due to the unavailability of a part of the consumer’s order, shall not result in multiple delivery costs for the consumer.
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In the event that an ordered product is out of stock, Airbnbook shall inform the consumer of this in writing within 5 working days thereby stating the timeframe within which the item is once again deliverable.
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The delivery period shall only take effect after the consumer has made available to the user any information that may be required by Airbnbook within the framework of executing the agreement.
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The term of delivery (5-7 working days within, and 10 working days outside of, the Netherlands) specified by Airbnbook is indicative. A specified delivery period is not a fatal deadline. The final delivery period shall never exceed the specified delivery period by more than one week except in case of force majeure.
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Subject to the consumer exchanging one product for another that is available from stock within the specified general terms and conditions, Airbnbook shall ship said exchanged item the following day.
Art. 9 Guarantee
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Airbnbook guarantees to the consumer that the products to be delivered meet the customarily requirements and standards imposed thereupon and are free of any defects.
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The guarantee clause specified under sub 1. shall apply for a period of 14 days after delivery. If, within this period, the product fails to meet the consumer’s expectations reason notwithstanding, he or she may return the item. The consumer is at liberty to opt for a new product or receive refund of the purchase price of the respective product.
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Everything possible is done to ensure that the description and colour specification are correct, and even though the colour production is a true representation, one cannot rule out the potential occurrence of a small deviation in the actual product.
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The guarantee clause specified hereunder shall not apply if the defect has been created as a result of wrongful or improper use.
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If a product is returned, which in the opinion of Airbnbook has incurred damage at the hand or through negligence of the consumer or shall otherwise be made payable by the consumer, Airbnbook shall inform the consumer of this whereupon Airbnbook shall return the product’s received payment to the consumer within 4 weeks, after having first deducted the sum of the product’s depreciation in value as a result of the damage.
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In the event that the consumer mistakenly receives another product in lieu of the product ordered, Airbnbook shall replace this free of charge and send the originally ordered product. To that end, the consumer should contact info@airbnbook.com within 8 working days.
Art. 10 Liability
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If the articles delivered by Airbnbook are defective, Airbnbook’s liability towards the consumer shall be limited to that which has been arranged in these general terms and conditions under “Guarantees”.
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Without prejudice to the above mentioned, Airbnbook shall not be held liable if damage can be attributed to fraud and/or serious misconduct and/or imputable acts, or otherwise wrongful or improper use by the consumer.
Art. 11 Damages
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Airbnbook can only be held liable for damage imputable to fraud or serious misconduct, or is created through circumstances which, by law on grounds of mandatory regulations, are at its risk.
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Circumstances, which in any event are not at the risk of Airbnbook, are: illness, import, export, and/or prohibition on transit, transport problems, non-fulfilment of the obligations by sub-suppliers, malfunctions in the production, non-delivery or untimely delivery by suppliers, etc.
Art. 12 Personal information
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Airbnbook shall incorporate into a file the personal information the consumer has incorporated on the website. This information shall be used for the execution of the consumer’s order.
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Airbnbook shall use the consumer’s personal information to fully inform him or her of new developments within Airbnbook. The processing of the consumer’s information shall take place in compliance with the applicable legislation and regulatory process.