CONDITIONS OF SALE
1. Scope of Agreement
1.1 This Agreement governs purchases of IBO Tools via the IBO Tools Website by Independent Business Owners (“IBOs”, “You” or “Your”). Transactions between ACN IBOs and Customers are not governed by this Agreement
2. Seller Information
|Seller:||ACN Europe B.V. (“ACN”, “Us”, “We” or “Our”)|
Thomas R. Malthusstraat 1-3
1066 JR Amsterdam
|Country of Formation:||The Netherlands|
|Company Registration Number:||34110202 (Dutch Chamber of Commerce)|
|VAT Number:||NL 8079 69 102 B 01|
3. Setting Up Your IBO Tools Account
3.1 You may order IBO Tools without creating an account (“Customer Account”) or You can set up a Customer Account before Your first purchase of IBO Tools via the IBO Tools Website and avoid having to provide Your information every time You wish to order IBO Tools.
3.3 You can manage Your Customer Account and Your purchases through the My Account section of the IBO Tools Website.
4. Ordering Your IBO Tools
4.1 By submitting an order through the IBO Tools Website (“Order”), You are agreeing to purchase IBO Tools. ACN may accept or reject Your Order for any reason. Your Order becomes final and You have a binding Agreement with ACN when: (a) ACN receives Your payment and accepts Your Order; and (b) You receive a confirmation e-mail from ACN. The date that You receive Your confirmation e-mail is called the Order Date.
4.2Please contact Customer Service if You do not receive a confirmation e-mail within 48 hours of placing Your Order.
5. Paying for Your IBO Tools
5.1 Prices include VAT which is charged at the rate applicable on Your Order Date. VAT rates may change from time to time. Prices exclude shipping unless otherwise indicated. A separate shipping charge may appear on Your invoice. We may change prices at any time. Price changes apply to future purchases of IBO Tools. Some countries may impose import, customs or other duties or taxes on Your purchase of IBO Tools. These duties and taxes may be collected when You place Your Order or at the time of delivery. In the latter case, the duties and taxes will be collected by the delivery company. You are also responsible for any fees charged by Your bank or card issuer in connection with Your purchase of IBO Tools.
5.2 You must select a payment method when You set up Your Customer Account. You can obtain information on accepted payment methods on the Payment and Delivery Information page.
5.3 Your Order may be rejected or delayed if Your payment details are incorrect or payment is rejected by Your bank or card issuer. If ACN incurs costs as a result of a rejected or delayed payment, including outbound or return shipping charges, You must reimburse ACN for those costs. We may use collection agencies or other legal means to recover amounts that You owe to Us and You will be responsible for payment of all costs incurred by Us to obtain recovery.
6. Delivery of Your IBO Tools
6.1 Information on Our delivery area is contained in the Payment and Delivery Information page of the Website. We will deliver Your IBO Tools within 30 days of Your Order becoming final to the delivery address provided by You. You have the right to cancel Your Order if We fail to deliver the IBO Tools within 30 days due to Our error, provided You first make a written request to Us following the 30 days requesting delivery and We fail to deliver the IBO Tools within a reasonable time following this request. Cancellation is Your exclusive remedy for late delivery.
6.2 ACN is not responsible for late or lost deliveries: (a) caused by circumstances beyond Our control such as adverse weather conditions, mechanical or vehicle failure, industrial action, government restrictions, or theft; (b) if You have failed to report to Us a late or lost delivery within 30 days from the date We confirm Your IBO Tools have been shipped to you; or (c) if You provide an incorrect or incomplete delivery address. In the latter event, You will be responsible to reimburse ACN for any return shipping and handling costs.
6.3 You or someone You authorize must be present to take delivery of Your IBO Tools. If no one is available to accept delivery or if delivery is refused, the Order will be returned to ACN and You may be assessed a return shipping and handling fee.
7. Withdrawal and Returns
7.1 Right to Withdraw: You have the right to withdraw from this Agreement within 14 days of receipt of Your IBO Tools without giving any reason. This is called the “Withdrawal Period”. The Withdrawal Period will expire 14 days after You or someone else You designate takes possession of Your IBO Tools.
7.2 To exercise Your right of withdrawal, You must inform Us of Your decision to withdraw in writing before the Withdrawal Period has expired. The easiest way to withdraw is to contact Us by e-mail, phone or post. Our contact details can be found in the Contact Us page. You may use the "Model Withdrawal Form" available on the IBO Tools Website and provided as part of Your confirmation e-mail to advise Us of Your decision to withdraw but You are not required to do so.
7.3 If You withdraw from this Agreement, We will reimburse any payments that We have received from You, including VAT and the cost of delivering the IBO Tools to You but excluding the cost for return delivery provided that the IBO Tools have not been used or opened and are in a resalable condition. We will reimburse You using the same means of payment that You used to pay Us unless agreed otherwise.
7.4 You must return Your IBO Tools to Us at Your own cost in order to receive reimbursement. We will issue Your refund within 14 days from the date that We receive the goods back from You or You provide evidence that You have shipped them to Us. If You withdraw from this Agreement before You receive Your IBO Tools, You should refuse delivery of the goods.
7.5 If You have paid national or local taxes or duties (such as import duties) to someone other than ACN, You must seek a refund for those amounts directly from the third party.
7.6 You may return all or some of the IBO Tools purchased by You; provided that IBO Tools sold as a set may only be returned together. If You return some, but not all, IBO Tools purchased in a single Order, You will be issued a refund only for the returned IBO Tools and related shipping and VAT.
7.7 Return of Damaged Products: We will replace Your IBO Tools free of charge if they are damaged before delivery, provided You contact Customer Service within 14 days of receiving Your delivery. We may ask You to return the IBO Tools to Us at Our cost in order to verify their condition. Replacement of damaged IBO Tools is Your only remedy under this Agreement. You are not entitled to a refund, damages or other remedies.
7.8 Returns by ACN Independent Business Owners: Returns by ACN IBOs are subject to additional rights and obligations. Please, refer to Your ACN IBO Agreement for more information. The terms of Your ACN IBO Agreement will prevail in case of any conflict between this Agreement and Your ACN IBO Agreement.
8. Collection and Use of Personal Data
9. Disclaimer of Warranties; Limitation of Liability
9.1 IBO Tools are provided on an “as is” and “as available” basis and Your use of IBO Tools is at Your sole risk. ACN disclaims all warranties to the extent permitted by law. Our liability for any claims arising out of or in connection with Your purchase or use of IBO Tools is limited to a refund for or replacement of the relevant IBO Tools. This remedy is exclusive and excludes all other remedies, conditions or other terms, express, implied, statutory, contractually or otherwise, including without limitation any warranty of merchantability, suitability, fitness for purpose and non-infringement.
9.2 You agree that ACN, its directors, officers, employees, consultants, IBOs and suppliers shall have no liability for any direct, indirect, incidental, special, consequential or exemplary damages suffered by You as a result of Your purchase or use of IBO Tools , whether arising out of or in connection with breach of contract, misrepresentation, negligence or otherwise.
10. Other Things That You Should Know
10.1 Codes of Conduct: ACN is a member of Seldia, the European Direct Selling Association (“Seldia”) (www.seldia.eu); the Vereniging Directe Verkoop (“VDV”) (www.directeverkoop.nl), the Direct Selling Association of the Netherlands; and the Direct Selling Associations (“DSAs”) of a number of other European countries. See Clause 10.2 below for more information. Seldia, the VDV and the other DSAs have established codes of conduct for direct selling companies and direct sellers. ACN and its IBOs adhere to these codes.
10.2 Disputes: If You dispute a charge or have a concern or complaint about Your IBO Tools, contact Customer Service. Contact details are available at www.acnibo.tools/index.php/en/contact-us. You and ACN agree to attempt to resolve Your concerns amicably. If We are unable to reach a resolution, You may be able to file a complaint with Your local Direct Selling Association. Please see below for a list of the Direct Selling Associations of which ACN is a member.
|Country:||Direct Selling Association:||Website:|
|Denmark||Direkte Salgs Foreningen (DSF)||www.disafo.dk|
|Spain||Asociacion de Empresas de Venta Directa (AVD)||www.avd.es|
|Hungary||Közvetlen Értékesítők Szövetségét (DSA Hungary)||www.dsa.hu|
|Ireland||The Direct Selling Association of Ireland (DSAI)||www.dsai.ie|
|Netherlands||Vereniging Directe Verkoop (VDV)||www.directeverkoop.nl|
|Norway||Direktesalgsforbundet (DF Norge)||www.direktesalgsforbundet.no|
|Poland||Polskie Stowarzyszenie Sprzedaży Bezpośredniej (PSSB)||www.pssb.pl|
|Sweden||Direkthandelns Forening (DF Sverige)||www.direkthandeln.org|
|United Kingdom||The Direct Selling Association Ltd. (DSA)||www.dsa.org.uk|
If You live in a country where ACN is not a member of the local DSA, You may file a complaint with the VDV. Information about filing a complaint with the VDV is available at www.directeverkoop.nl. The VDV will not process Your complaint if You have not first attempted to resolve it with ACN.
10.3 Jurisdiction and Venue: This Agreement is governed by the laws of the Netherlands and Dutch law applies regardless of Your place of residence. You submit to the exclusive jurisdiction of the courts of Amsterdam, the Netherlands for the resolution of any dispute arising out of this Agreement.
10.4 Entire Agreement: This Agreement contains the entire Agreement between Us and You and supersedes all previous understandings and agreements. Statements and other information provided to You by ACN IBOs are not binding on ACN. Purchases directly from ACN IBOs are specifically excluded from this Agreement.
10.5 Changes to this Agreement: We may change this Agreement at any time. Such changes apply to purchases of IBO Tools after the date of the change. We may modify or IBO Tools at any time and without notice.
10.6 Severability: If any provision of this Agreement is deemed illegal, invalid or unenforceable, the remaining provisions of this Agreement shall not be affected.
10.7 Waiver: The failure of ACN to exercise or enforce any right, power or remedy under this Agreement shall not operate as a waiver.
10.8 Assignment: This Agreement is personal to You and may not be assigned or transferred by You. ACN may assign this Agreement and its rights and obligations to any person without Your consent and without notice to You.
10.9 Language: These Conditions of Sale are drafted in the English language. Translations are for Your convenience only. In the event of any inconsistency, the English-language version shall prevail.
ACN Europe BV
Kamer van Koophandel: Amsterdam 34110202, OB-nummer: NL 8079 69 102 B 01
Postadres: Postbus 90364, 1006 BJ Amsterdam, Nederland