Article 1 Definitions
1. In these general conditions the following terms have the following meanings, unless otherwise indicated.
AquaGarde®, the provider of the general conditions;
Consumer: an opposite party being a natural person not acting in the course of a business or profession;
Agreement: the agreement between AquaGarde® and the consumer;
Consumer purchase: the agreement of sale concerning a movable thing concluded by a seller acting in the exercise of a profession or business and a consumer being a natural person not acting in the exercise of a profession or company.

Article 2 General
1. These conditions apply to every offer, tender and agreement between AquaGarde® and AquaGarde® consumer of these conditions has stated, if these conditions are not parties explicitly and in writing.
2. These conditions also apply to agreements with AquaGarde®, for which third parties should be involved.
3. Any exceptions to these general conditions are only valid if expressly agreed in writing.

Article 3 Offers and Tenders
1. All offers and quotations are free and made in any written form, unless AquaGarde® for practical, urgent or other reasons forgoes a written offer. The offer provides for a date or date, or is determined by date.
2. All offers of AquaGarde®  are subject to typographical errors.
3. AquaGarde® can not have offers and quotations that are taken if the consumer is not to terms of reasonableness and fairness and social popular opinion, should have understood that the offer or proposal or any part of an obvious mistake or error.
4. If the acceptance deviates (on secondary items) from the offer given the AquaGarde® is not bound. The agreement is not in accordance with said deviating acceptance, unless otherwise AquaGarde®.
5. A compound quotation AquaGarde® not to supply part of the offer or tender against a corresponding part of the price.
6. Offers and tenders shall not apply automatically to repeat orders.

Article 4 Conclusion of the agreement
1. The agreement is concluded through the timely acceptance by consumers of AquaGarde® range.

Article 5 Delivery
1. Unless otherwise agreed, delivery is ex factory / warehouse of AquaGarde® or directly from a supplier of AquaGarde®.
2. The consumer is obliged to take the items purchased at the moment that these are not available or to be handed to him.
3. If the consumer refuses or fails to provide information or instructions necessary for the delivery, the goods destined for delivery shall be stored at the risk of the consumer after it has notified AquaGarde®. Consumers will then have all the additional costs.
4. AquaGarde® and the coming consumer delivery match, delivery of purchases made against the agreed carriage charge. AquaGarde® reserves the right to supply the service charge billed separately.
5. If it is agreed that delivery can be implemented in stages AquaGarde® implement those parts to the next phase until the consumer the results of the preceding stage in writing.
6. If AquaGarde® requires information from the consumer in connection with execution of the agreement, the term for delivery after the consumer to theAquaGarde® has provided.
7. AquaGarde® if a delivery is specified, this is indicative. A specified delivery time is never a deadline.
Article 6 Guarantee
1. AquaGarde® ensures that the delivered goods meet the usual requirements and standards that can be asked and free of any defects.
2. The lower one. mentioned guarantee also applies if the delivered goods are destined for use abroad and consumers of such use at the time of entering into the agreement explicitly written notice made to AquaGarde®.
3. The lower one. shall guarantee is valid for a period of 10 months after delivery.
4. AquaGarde® give the consumer a written warranty. In the absence thereof, the sales receipt as proof regarding the warranty.
5. If the delivered goods do not meet these guarantees, AquaGarde® tried within a reasonable time after receipt thereof or, if return is not reasonably possible, following notification of the defect by the consumer, at the discretion of AquaGarde® replace or see to for recovery. In case of replacement, the consumer shall already now the matter to replace AquaGarde® to return the ownership of it to AquaGarde® to provide.
6. The aforementioned warranty does not apply if the defect was caused by improper or inappropriate use or when, without written permission from AquaGarde®, the consumer or third party have made or tried to make the case or have used it for purposes which the case is not intended.
7. If the delivered product does not comply with the agreement and this non-conformity is a defect under the control of the product, then AquaGarde® not liable for resultant damages.
8. In these general terms and conditions concerning warranty shall not affect the guarantees of the consumer under the law, all subject to it in these terms and the agreement, including the nature and quality of which the consumer is sold and delivered.

Article 7 Samples and Models
1. If AquaGarde® model or a sample is shown or provided to the consumer, AquaGarde® is there that the good shall correspond, unless such faulty performance by way of indication.

Article 8 Ownership
1. AquaGarde® retains full ownership of the delivered until the purchase price is paid in full.

Article 9 Inspection & Complaints
1. The consumer is obliged delivered at the moment (it) delivery, but in any case within the shortest possible time (do). In addition, the consumer must examine the quality and quantity of the delivered goods comply with what was agreed, at least meets the requirements that are common in normal (business) transactions.
2. Possible visible shortcomings must within three days after delivery to AquaGarde® to be reported by the simultaneous submission of warranty and defective product, unless this is impossible or unreasonably onerous.
3. An invisible defect, the consumer, within eight days after discovery, but within the guarantee period to notify AquaGarde® in accordance with the preceding paragraph of this article. After the warranty period is entitled AquaGarde® all costs for repair or replacement, including administration, shipping costs and drive to charge.
4. If, under the previous paragraph timely filed a complaint, consumers continue to take delivery and pay for the items purchased. If the consumer wishes to return defect goods, he shall do so with prior written permission of the AquaGarde® and in the manner as indicated by AquaGarde®.

Article 10 Transfer of Risk
1. The risk of loss or damage to the products subject of the agreement shall pass to the consumer at the moment said consumers legally and / or actually delivered and the power of the consumer or a consumer to designate third parties.

Article 11 Price Increase
1. If AquaGarde® with the consumer at the conclusion of the contract a certain price, AquaGarde® is nevertheless entitled to increase the price, even if the price were not given subject.
2. If a price increase occurs before the order made by the consumer receives is taken, the consumer may contract with a written statement dissolve regardless of the percentage of increase, unless - the price increase resulting from a power given to the AquaGarde® obligation under the law, or - if it is stipulated that the episode is longer than three months after the sale will take place.

Article 12 Payment
1. Unless otherwise agreed, payment in advance on the payment options the merchant to be paid ..
2. If payment is not made by the merchant must be made within 8 days after the invoice date, an AquaGarde® to give way and in the currency invoiced.
3. Objections to the amount of the invoices suspend the payment obligation.
4. After the expiry of 8 days after the invoice date, the consumer is legally in default and the consumer from the moment of default on the amount due an interest of 1% per month, unless the statutory interest rate is higher in which case the legal interest.
5. In case of bankruptcy, moratorium or receivership, the claims of AquaGarde® and the obligations of the consumer against AquaGarde® immediately due and payable.
6. AquaGarde® is entitled to the payments made by consumers to stretch in the first place to reduce the costs, then deducting the interest and finally to reduce the principal and accrued interest. AquaGarde® may, without being in default, to refuse an offer of payment if the consumer a different sequence of attribution. AquaGarde® total repayment of principal refuse, if not also the cases and current interest and costs.

Article 13 Suspension and Dissolution
1. AquaGarde®, the fulfillment of the obligations to suspend or terminate the agreement if:
- The consumer's obligations under the agreement or not fully comply.
- After the conclusion of the agreement AquaGarde® learns of circumstances giving good ground to fear that the consumer will fulfill obligations. If good ground exists to fear that the consumer will only partially or improperly fulfill his obligations, suspension shall only be allowed in so far the shortcoming justifies such action.
- The consumer at the conclusion of the agreement was requested to provide security for the fulfillment of his obligations under the agreement and this security or insufficient.
2. In addition, AquaGarde® authorized the agreement (have) terminate if circumstances arise of such a nature that fulfillment of the contract impossible or to standards of reasonableness and fairness can no longer be required, or if other circumstances arise of such nature that the unaltered maintenance of the agreement can not reasonably be expected.
3. If the agreement is dissolved, the assets of AquaGarde® on the consumer immediately due and payable. If AquaGarde® to fulfill the obligations, he shall retain his rights under the law and agreement.
4. AquaGarde® retains the right to claim damages.

Article 14 Collection costs
1. Consumers are in default or fails to fulfill any of its obligations, all reasonable costs incurred in obtaining payment out of court on behalf of consumers. If the consumer defaults in the timely payment of a sum of money, he forfeits a immediately payable fine of 15% of the amount due. This with a minimum of € 50.00.
2. If AquaGarde®  show higher costs it has incurred, which were reasonably necessary, these will also qualify for reimbursement.
3. Any reasonable judicial and execution costs are also borne by the consumer.
4. Consumers over the made collection charges interest.

Article 15 Safeguarding
1. The consumer shall indemnify AquaGarde® claims of third parties concerning intellectual property rights provided by the consumer materials or information in the execution of the agreement.
2. If the consumer AquaGarde® information carriers, electronic files or software etc., guarantee that said information carriers, electronic files or software are free of viruses and defects.

Article 16 Intellectual Property and Copyrights
1. Notwithstanding the other provisions in these general terms and conditions, AquaGarde® the rights and powers AquaGarde® is entitled under the Copyright Act.
2. The consumer may not change things to make, unless the nature of the provided otherwise or otherwise agreed in writing.
3. In the framework of the agreement if the AquaGarde® created designs, sketches, drawings, films, software and other materials or (electronic) files remain the property of AquaGarde®, whether to consumers or third parties have been made available unless otherwise agreed.
4. All AquaGarde® any documents, such as designs, sketches, drawings, films, software, (electronic) files, etc., are intended for use by the consumer to use and may not without prior consent of AquaGarde® be reproduced, published or disclosed to third parties, unless the nature of the documents provided dictates otherwise.
5.AquaGarde® reserves the right due to the execution of the work increase knowledge for other purposes, provided that no confidential information to third parties.

Article 17 Liability
1. If AquaGarde® delivered are defective, the liability of AquaGarde® to the consumer is limited to the stipulations under "Guarantee".
2. When the producer of a defective good is liable for consequential damages, the liability of the AquaGarde® limited to repair or replacement of the item or refund the purchase price.
3. Notwithstanding the above, AquaGarde® is not liable if the damage is due to intentional and / or gross negligence and / or imputable actions, or to injudicious or improper use of the consumer.
4. In these conditions include limitations of liability for direct damages shall not apply if the damage is due to intent or gross negligence of AquaGarde® or his subordinates.

Article 18 Force Majeure
1. Parties are not obliged to fulfill any obligation if they are hindered due to a circumstance that is not due to negligence, and by virtue of law, a legal act or generally accepted practice practice.
2. Force majeure is in these terms and conditions in addition to its effect in the law and jurisprudence, all external causes, foreseen or unforeseen, that AquaGarde® can not influence but which prevents AquaGarde® is unable to the obligations. Strikes in the company of AquaGarde® are included.
3. AquaGarde® has the right to invoke force majeure if the circumstance rendering (further) fulfillment occurs after the AquaGarde® should honor its commitment.
4. The parties may during the period that supremacy continues the obligations of the agreement. If this period lasts longer than two months, either party is entitled to terminate the agreement without any obligation to pay damages to the other party.
5. InsofarAquaGarde® at the time the force majeure has partially his obligations under the contract is fulfilled or will fulfill, and to fulfill or to be an independent value, is AquaGarde® entitled to the already performed or to be part separate bill. The consumer shall pay such invoice as if it were a separate agreement.

Article 19 Disputes
1. The judge in the place of AquaGarde® has exclusive jurisdiction to hear actions, unless the judge is authorized. Nevertheless, AquaGarde® the right to submit the dispute to the competent court according to law.
2. Parties will first appeal to the courts after they turn to the utmost to solve a dispute between themselves to settle.

Article 20 Applicable law
1. Any agreement between AquaGarde® and the Dutch consumer law. The Vienna Sales Convention is expressly excluded.
2. Case of explanation of the content and scope of these general conditions, the Dutch text prevails.

Article 21 Amendment, interpretation and location of the conditions
1. These conditions are registered at the Chamber of Commerce for Central Gelderland.
2. In case of interpretation of the content and scope of these general conditions, the Dutch text prevails.
3. Applicable is the last registered version or the version valid at the time of the conclusion of the agreement