Terms and Conditions

Definitions

• Reflection period: the period/number of days within which the consumer/customer: can make use of his or her right of withdrawal.
• Consumer/customer: the natural person who enters into a distance contract with ABCParty.
• Days of the week: calendar day.
• Transaction duration: a distance agreement with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread in the future.
• Right of withdrawal: the option for the consumer to waive the distance contract within the statutory cooling-off period.
• ABCParty: the natural or legal person who offers products and/or services at a distance to the consumer/customer;
• Agreement: the legal relationship between ABCParty and its Customer, in the broadest sense.

 

Article 1- Applicability

1. These general terms and conditions apply to every offer from ABCParty and to every distance contract concluded and orders between ABCParty and consumer/customer.
2. Deviations from the General Terms and Conditions are only valid if expressly agreed in writing with ABCParty.
3. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer/customer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at ABCParty and that they will be sent free of charge as soon as possible at the request of the consumer/customer.
4. The applicability of purchasing or other conditions of the consumer/customer are expressly rejected, unless expressly agreed otherwise in writing.
5. These General Terms and Conditions also apply to additional or amended consumer/customer orders.
6. ABCParty reserves the right at all times to change these General Terms and Conditions and to publish the new General Terms and Conditions directly on the webshop.
7. Situations that are not included in the general terms and conditions or ambiguities about the explanation or content of or several provisions of these terms and conditions must be assessed in the spirit of these general terms and conditions.

 

Article 2- 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 is without obligation. ABCParty is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If ABCParty uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind ABCParty.
4. All images, specifications data in the offer are indicative and can not give rise to damages or dissolution of the agreement.
5. Images accompanying products are a true representation of the products offered. ABCParty cannot guarantee that the displayed colors exactly match the real colors of the products.
6. Each offer contains such information that is clear to the consumer what rights and obligations are attached. To the acceptance of the offer 

 

Article 3- The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer/customer of the offer and compliance with the corresponding general terms and conditions.
2. If the consumer/customer has accepted the offer electronically, ABCParty will immediately confirm receipt of the acceptance of the offer electronically. As long as ABCParty has not confirmed receipt of this acceptance, the consumer/customer can dissolve the agreement.
3. If the agreement is concluded electronically, ABCParty will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer/customer can pay electronically, ABCParty will take appropriate security measures.
4. ABCParty can inform itself - within legal frameworks - whether the consumer/customer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, ABCParty has good reasons not to enter into the agreement, it is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.
5. ABCParty will send the following information to the consumer/customer with the product or service, in writing or in such a way that it can be stored by the consumer/customer in an accessible manner on a durable data carrier:
6. the visiting address of the ABCParty branch where the consumer/customer can go with complaints;
7. the conditions under which and the manner in which the consumer/customer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
8. The information about guarantees and existing post-purchase service;
9. the information included in Article 4 paragraph 3 of these terms and conditions, unless ABCParty has already provided this information to the consumer/customer for the performance of the agreement;
10. The requirements for termination of the agreement if the agreement has a duration of more than one year or is of an indefinite duration.
11. In the event of an overdraft transaction, the provision in the previous paragraph applies only to the first delivery.
12. Every agreement is entered into under the suspensive general conditions of sufficient availability of the products in question.

 

Article 4- Amendment of the agreement

1. If during the implementation of this agreement it appears that it is necessary to change or supplement it for proper implementation, ABCParty and the consumer/customer will proceed to adjust the agreement in good time and in mutual consultation.
2. Not or not immediately executing the amended agreement does not constitute a breach of contract on the part of ABCParty and is no reason for the consumer/customer to cancel or dissolve the agreement.
3. Changes to the originally concluded agreement between ABCParty and the consumer/customer are only valid from the moment that these changes have been accepted by both parties by means of an additional or amended agreement. This change will be made in writing.

 

Article 5- Right of withdrawal

1. Click here to read ABCParty's right of withdrawal: Right of Withdrawal 

 

Article 6 - Using the Right of Withdrawal

1. If the consumer/customer makes use of his or her right of withdrawal, the costs of return will be borne at most.
2. If the consumer/customer has paid an amount, ABCParty will refund this amount as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been received back by the web retailer or that conclusive proof of complete return can be submitted. Reimbursement will be made via the same payment method used by the consumer/customer unless the consumer/customer expressly consents to a different payment method.
3. In the event of damage to the product due to careless handling by the consumer/customer, the consumer/customer is liable for any reduction in value of the product.
4. The consumer/customer cannot be held liable for depreciation of the product if ABCParty has not provided all legally required information about the right of withdrawal, this must be done before concluding the purchase agreement
5. If the consumer/customer does not fulfill his obligations arising from the agreement and this non-compliance justifies dissolution, ABCParty is entitled to dissolve the agreement immediately and with immediate effect without any obligation on his part to pay any compensation or compensation, while the consumer/customer the customer, on account of non-performance, is obliged to pay damages or compensation.

Article 7- Excluded from Right of Withdrawal

1. ABCParty can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if ABCParty has clearly stated this in the offer, at least in good time before concluding the agreement.
2. Exclusion of the right of withdrawal is only possible for the following products:
3. that have been created by ABCParty in accordance with the consumer's/customer's specifications.
4. which are clearly personal in nature.
5. which by their nature cannot be returned.
6. that can spoil or age quickly.
7. the price of which is subject to fluctuations in the financial market on which ABCParty has no influence.
8. for hygienic products of which the consumer/customer has broken the seal.

 

Article 8- The costs, fees & payments

1. All amounts stated in the quotation are in euros and include VAT, unless stated otherwise.
2. The amounts in the Webshop include VAT and exclude shipping costs, unless stated otherwise.
3. ABCParty has the right to rectify manifestly incorrect entries in the quotation.
4. Payment is made via iDEAL, bank transfer or other trusted payment providers when placing the order in the webshop.
5. The consumer/customer is obliged to immediately inform ABCParty of any inaccuracies in the stated or provided payment details.
6. If the consumer/customer fails to pay an invoice on time, the consumer/customer is in default by operation of law, without further notice of default being required. The consumer/customer will then owe the statutory interest. The interest on the due and payable amount will be calculated from the moment that the consumer/customer is in default until the moment of payment of the full amount due.
7. If ABCParty decides to collect a claim due to non-payment of one or more unpaid invoices by legal means, the consumer/customer is also obliged to reimburse all reasonable judicial and extrajudicial costs, in addition to the principal sum and interest owed. The reimbursement of judicial and extrajudicial costs incurred will be determined in accordance with the then applicable Decree that pertains to compensation for extrajudicial collection costs.

 

Article 9- Price increases

1. During the period of validity of the offer, the prices of the products and / or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, ABCParty can offer products or services whose prices are subject to fluctuations in the financial market and on which ABCParty has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices 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 from 3 months after the conclusion of the agreement are only permitted if ABCParty has stipulated this and:
5. they are the result of legislation or regulations; whether
6. the consumer/customer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
7. All prices are subject to printing and printing errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, ABCParty is not obliged to deliver the product according to the incorrect price.
8. Orders can be paid up to 7 days. If you pay later, the payment will be settled with the current promotion and shipped.

 

Article 10 - Delivery and execution

1. ABCParty will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer/customer has made known to the company.
3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but no later than 30 days, unless the consumer/customer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or only partially be executed, the consumer/customer will be notified of this no later than 30 days after placing the order. In that case, the consumer/customer has the right to dissolve the agreement without costs. The consumer/customer is not entitled to compensation
4. All delivery times are indicative. The consumer/customer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer/customer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, ABCParty will refund the amount paid by the consumer/customer as soon as possible, but no later than 14 days after dissolution.
6. If delivery of an ordered product proves to be impossible, ABCParty will endeavor to make a replacement item available. At the latest upon delivery, it will be reported 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 a possible return shipment are for the account of ABCParty.
7. The risk of damage and/or loss of products rests with ABCParty until the moment of delivery to the consumer/customer or a pre-designated representative made known to ABCParty, unless expressly agreed otherwise.

 

Article 11- Transaction duration, cancellation and renewal

Termination:

1. The consumer/customer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
2. The consumer/customer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, with due observance of the agreed cancellation rules and a notice period. of at most one month.
3. The consumer/customer can use the agreements referred to in the previous paragraphs:

• Terminate at all times and not be restricted to termination at a particular time or in a certain period;
• At least terminate in the same manner as they have been incurred by him;
• always cancel with the same notice period as ABCParty has stipulated for itself.

 

Extension:

1. A contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a fixed term.
2. Contrary to the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer/customer extends this can terminate the agreement by the end of the extension with a notice period of no more than one month.
3. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer/customer may cancel at any time with a notice period of no more than one month and a notice period of a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
4. A contract of limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
5. If an agreement has a duration of more than one year, the consumer/customer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term. to postpone.

 

Article 12- Payments

1. Unless otherwise agreed, the amounts owed by the consumer/customer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this term after the consumer/customer has received the confirmation of the agreement.
2. The consumer/customer is obliged to immediately report inaccuracies in payment details provided or stated to ABCParty.
3. In the event of non-payment by the consumer/customer, ABCParty has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer/customer in advance.
4. Orders can be paid up to 7 days. If you pay later, the payment will be settled with the current promotion and shipped.

 

Article 13- Investigation

1. The consumer/customer has the obligation to investigate and inform himself how the product should be used and to examine upon delivery whether the products comply with the agreement. If this is not the case, the consumer/customer must report the complaints as soon as possible, but no later than 14 days after delivery, or at least after observation was reasonably possible, to ABCParty via [email protected]. 
2. Complaints submitted to ABCParty will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, ABCParty will respond within the period of 14 days with an indication when the consumer/customer can expect a more detailed answer.
3. Refunds to consumer/customer will be processed as soon as possible, but payment may take no more than 30 days after receipt of the return shipment. Repayment will be made to the previously specified account number.
4. In the absence of a complete delivery, and/or if one or more products are missing, and this can be attributed to ABCParty, ABCParty will send the missing products or cancel the remaining order after a request thereto from the consumer/customer.

 

Article 14- Instructions for use

1. The consumer/customer of products must follow the safety regulations and instructions of ABCParty and heed the warnings.

1. Xonsument/customer should not use the product for consumption and/or household use and products should at all times be kept out of the reach of children and animals and people who are less responsible.

 

Article 15 - Liability

1. The consumer/customer is responsible for providing correct and representative data and information necessary for the performance of the Agreement. ABCParty is not liable for damage, including on the basis of an incorrect order, if the consumer/customer has provided incorrect, non-representative or irrelevant information.
2. The delivery term as referred to in Article 9 paragraph 4 can only be stated approximately. Although every effort will be made to meet the delivery term, ABCParty is never liable for the consequences of exceeding the term specified there.
3. ABCParty is not liable for errors or omissions of third parties engaged by it. By using ABCParty's Services, the consumer/customer grants ABCParty the authority to accept that limitation of liability also on behalf of the consumer/customer if a third party engaged by ABCParty wishes to limit its liability.
4. ABCParty is not liable for indirect damage, including but not limited to consequential damage.
5. ABCParty is not liable for any typos on the Website.
6. ABCParty is not liable for non-compliance or late fulfillment of the obligations arising from the Agreement, in case this is caused by force majeure as referred to in Article 12.
7. The consumer/customer indemnifies ABCParty against claims from third parties, of whatever nature, related to the Services or products sold.
8. ABCParty's products are expressly not intended for consumption or use in any way other than for research purposes. The products may never be used in combination with alcohol, drugs or other narcotics. ABCParty is not liable if consumer/customer uses the products in a different way and this causes damage.
9. If ABCParty is held liable, it will only be liable for direct damage actually incurred, paid or suffered by the consumer/customer due to a demonstrable failure of ABCParty's obligations with regard to its Services.
10. ABCParty's liability is limited to the amount covered and paid out by the insurer. If the insurer does not pay out, or if ABCParty is not insured, the liability is limited to the amount paid by the consumer/customer.
11. The limitation of liability as described in this article does not apply if there is intent or willful recklessness on the part of ABCParty.
12. This provision does not exclude liability to the extent that liability may not be limited or excluded by law.

 

Article 16- Force Majeure

1. Force majeure is understood to mean all external causes, beyond the will or fault of ABCParty, as a result of which timely, complete or correct fulfillment of the Agreement is no longer possible.
2. Force majeure as referred to in the previous paragraph also includes, but is not limited to: non-compliance by a third party, illness of employees of ABCParty itself or a third party, abnormal weather conditions, disruptions in water and energy supplies, strikes, serious disruptions in ABCParty's systems, fire, flood, natural disaster, riot, war or other domestic unrest.
3. In the event of force majeure, fulfillment of the Agreement will be suspended for as long as the force majeure continues.
4. If the force majeure continues for more than one month, both parties are entitled to dissolve the Agreement without judicial intervention. In such a case, ABCParty will proceed to refund any amounts paid, less all costs that ABCParty has incurred with regard to the Agreement.

 

Article 17- Complaints

1. If the Consumer/Customer has a complaint, the Consumer/Customer must send this in writing to [email protected] or report by phone via WhatsApp on +31 6 86151498.
2. ABCParty has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
3. Complaints about the performance of the agreement must be submitted fully and clearly described to ABCParty within 2 months after the consumer/customer has discovered the defects.
4. Complaints submitted to ABCParty will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, ABCParty will respond within the period of 14 days with a notice of receipt and an indication when the consumer/customer can expect a more detailed answer.

 

Article 18- Disputes

1. Only Dutch law applies to agreements between ABCParty and the consumer/customer to which these general terms and conditions apply. Even if the consumer/customer lives abroad.