General terms & conditions

General Terms & Conditions Aquablu


Established on 21 september 2021.

General Terms and Conditions Aquablue BV, with its registered office at ‘s-Gravendamseweg 53.2215 TC, in Voorhout, registered with the Chamber of Commerce under number 27120461.

Article 1 Definitions

In these General Terms and Conditions the following terms are used in has the following meaning, unless expressly stated otherwise.
General Terms and Conditions: The general terms and conditions as stated below.

  • Aquablu: Aquablu B.V. , registered with the Chamber of Commerce under number 27120461.
  • Company: The Other Party acting as a business or professional.
  • Consumer: The Other Party not acting as a business or professional but as a customer.
  • Distance purchase: Purchases or orders made solely by means of a digital system such as a website or webshop or other means of distance communication, whereby an agreement between the parties is concluded.
  • Agreement: Any agreement concluded between Aquablu and the other party.
  • Product: All matters that are the subject of the agreement concluded between the Other Party and Aquablu.
  • Other party: The person who has accepted these general terms and conditions and who has purchased the product. The Other Party includes both Consumers and Businesses.


Article 2 Scope

  1. These General Terms and Conditions apply to every offer, quotation and Agreement concluded between Aquablu and the Other Party, unless the parties have expressly deviated from these General Terms and Conditions in writing.
  2. These General Terms and Conditions also apply to agreements with Aquablu, for the implementation in which third parties must be involved.
  3. The applicability of any purchase or other General Terms and Conditions of the Other Party is expressly rejected.
  4. If it appears that one or more provisions in these General Terms and Conditions are null and void or voidable, the General Terms and Conditions will remain in force in all other respects. In the event of this situation, Aquablu and the Other Party will consult with the aim of agreeing with new provisions to replace the void or voided provisions.
  5. Deviations from the Agreement and General Terms and Conditions are only valid if they have been expressly agreed in writing with Aquablu.


Article 3 Offers and/or quotations

  1. Offers and/or quotations are made in writing and/or electronically unless urgent circumstances make this impossible.
  2. All offers and/or quotations from Aquablu are without obligation, unless a term for acceptance has been set in the offer and/or quotation. If a term for acceptance has been set in the offer and/or quotation, the offer and/or quotation will lapse when this term has expired.
  3. The offer and/or quotation is valid as long as stocks last.
  4. Aquablu cannot be held to its offers and/or quotations if the Other Party, in terms of reasonableness and fairness and generally accepted views, should have understood that the offer and/or quotation or a part thereof was an obvious mistake or error. contains.
  5. If the acceptance, whether or not on minor points, deviates from the offer included in the offer and/or quotation, Aquablu is not bound by it. The Agreement will then not be concluded in accordance with this deviating acceptance, unless Aquablu indicates otherwise.
  6. A composite quotation does not oblige Aquablu to deliver part of the goods included in the offer and/or quotation for a corresponding part of the stated price.
  7. Offers and/or quotations do not automatically apply to future orders or repeat orders.


Article 4 Establishment and duration of the agreement

  1. The Agreement is concluded through timely acceptance by the Other Party of the offer and/or quotation from Aquablu.
  2. The Agreement is entered into for an indefinite period of time, unless the nature of the Agreement dictates otherwise or if the parties have expressly agreed otherwise in writing.
  3. Aquablu and the Other Party may terminate the agreement at any time by mutual consent.
  4. Both Aquablu and the Other Party can terminate the agreement at any time, with due observance of a notice period of one month.


Article 5 Amendment of the agreement

  1. If during the execution of the Agreement it appears that it is necessary for a proper execution to change or supplement the Agreement, Aquablu will inform the Other Party of this as soon as possible. The parties will then proceed to amend the Agreement in good time and in mutual consultation.
  2. If the parties agree that the Agreement will be amended or supplemented, the time of completion of the execution may be affected as a result. Aquablu will inform the Other Party of this as soon as possible.
  3. If the amendment or addition to the Agreement will have financial, quantitative and/or qualitative consequences, Aquablu will inform the Other Party about this in advance.
  4. If a fixed price has been agreed, Aquablu will indicate to what extent the amendment or supplement to the Agreement will affect the price. Aquablu will try, as far as possible, to provide a quotation in advance.
  5. Aquablu will not be able to charge additional costs if the change or addition is the result of circumstances that can be attributed to Aquablu.
  6. Changes to the Agreement originally concluded between the Other Party and Aquablu are only valid from the moment that these changes have been accepted in writing by both parties by means of an additional or amended Agreement.

Article 6 Execution of the agreement

  1. Aquablu has the right to have the Agreement executed by third parties.
  2. Aquablu has the right to execute the Agreement in phases.
  3. If the Agreement is executed in phases, Aquablu has the right to invoice each performed part separately and to demand payment for it.
  4. If the Agreement is executed in phases, Aquablu has the right to suspend the execution of those parts that belong to the next phase or phases until the Other Party has approved the results of the preceding phase in writing.
  5. If and as long as this invoice is not paid by the Other Party, Aquablu is not obliged to perform the next phase and has the right to suspend the Agreement.
  6. The Other Party provides Aquablu in a timely manner with all data or instructions that are necessary for the execution of the Agreement or which the Other Party should reasonably understand to be necessary for the execution of the Agreement.
  7. The other party is responsible for and obligated to provide for the necessary assembly requirements and electricity connections.
  8. If the foregoing information and instructions are not provided or are not provided on time, Aquablu has the right to suspend the execution of the Agreement. The additional costs incurred as a result of the delay are for the account of the Other Party.


Article 7 Prices

  1. With regard to the Other Party acting as Consumer, the prices are expressed in euros, including VAT and other government levies, unless indicated otherwise.
  2. With regard to the Other Party acting as Company, the prices are expressed in euros, exclusive of VAT and other government levies, unless indicated otherwise.
  3. The prices are exclusive of travel, accommodation, packaging, delivery or shipping costs and administration costs, unless indicated otherwise.
  4. A surcharge is charged for shipments abroad.
  5. Aquablu will provide the Other Party with a statement of all additional costs in good time before concluding the Agreement or provide information on the basis of which these costs can be calculated by the Other Party.

Article 8 Price changes

  1. If Aquablu agrees a fixed price with the Other Party at the time of concluding the Agreement, Aquablu is entitled to increase the price, even if the price was not originally given with reservations.
  2. If Aquablu intends to change the price, it will inform the Other Party as soon as possible.
  3. If a price increase takes place within three months after the conclusion of the Agreement, the Other Party may dissolve the Agreement by means of a written statement, unless:
  4. the price increase results from a power or anon Aquablu obligation resting under the law;
  5. Aquablu is still willing to perform the Agreement on the basis of what was originally agreed;
  6. it is stipulated that the delivery will take place more than three months after the purchase.
  7. The Other Party is entitled to dissolve the Agreement if the price is increased more than three months after the Agreement has been concluded, unless it is stipulated in the Agreement that delivery will take place more than three months after the purchase.


Article 9 Distance purchase

  1. This provision only applies to the Other Party acting as a Consumer.
  2. In the case of distance selling, delivery must take place within thirty calendar days at the latest.
  3. In the case of distance selling, Aquablu has the right to oblige the Other Party to pay a maximum of 50 percent of the price in advance.
  4. In the case of distance selling, the Other Party has the right to revoke the Agreement during fourteen calendar days after receipt of the goods delivered by Aquablu, without stating reasons.
  5. In the case of Distance Selling, the Other Party has the right to revoke the Agreement after thirty calendar days if Aquablu has not delivered the product within thirty calendar days, unless the parties have agreed on a different delivery term.
  6. If Aquablu has not complied with its information obligation or has not provided data in the correct form, the Other Party has the right to dissolve the Agreement during three months after receipt of the goods delivered by Aquablu, without stating reasons. If Aquablu still complies with the obligation to provide information in those three months, the period of fourteen calendar days will start to run from the day after it has complied with that obligation.
  7. The Other Party can revoke the Agreement via the standard withdrawal form placed by Aquablu or in a manner chosen by the Other Party.
  8. If the Other Party returns the delivered goods, the Other Party must return the goods in proper packaging, with all accessories supplied and in their original condition. The return shipping costs are at the risk and expense of the Other Party.
  9. If the Other Party has made use of its right of withdrawal, the Other Party is obliged to return the goods within 14 calendar days because the Other Party has informed Aquablu that it is withdrawing from the agreement.
  10. If the Other Party has made use of its right of withdrawal, Aquablu will refund the full amount paid, including the paid shipping costs, no later than fourteen calendar days after the termination of the Agreement.
  11. If the goods are not available, Aquablu will inform the Other Party as soon as possible and Aquablu will refund the deposited amount within fourteen calendar days at the latest. If Aquablu and the Other Party agree that an item of similar quality and price may be delivered, the shipping costs for returning will be borne by Aquablu. The foregoing only applies if the Other Party makes use of its right of withdrawal during the cooling-off period.
  12. The provisions of this article do not apply if the Agreement relates to:
  13. products whose price is subject to fluctuations in the financial market over which Aquablu has no influence and which occur within the withdrawal period;
  14. sealed products of which the Other Party has broken the seal;
  15. hygienic products of which the Other Party has broken the seal;
  16. products that are delivered within the cooling-off period with the consent of the Other Party;
  17. products that cannot be returned due to their nature;
  18. products that can spoil or age quickly;
  19. products of a personal nature;
  20. custom made products.


Article 10 Delivery

  1. Delivery to the Other Party in the capacity of Consumer takes place because the item is placed in the power of the Other Party. After delivery, the risk of the item transfers to the Other Party.
  2. Delivery with regard to the Other Party in the capacity of the Company takes place because the item is made available to the Other Party. After delivery, the risk of the item transfers to the Other Party.
  3. Delivery takes place ex Aquablu or at the address specified by the Other Party, unless otherwise agreed.
  4. The Other Party is obliged to take delivery of the purchased goods at the time when they are handed over to it, unless this entails serious objections or unreasonable costs.
  5. If the Other Party refuses to accept the goods at the place of delivery or is negligent in providing data or instructions that are necessary for the delivery, the goods intended for delivery will be stored at the risk and expense of the Other Party, after Aquablu has informed the Other Party of this.
  6. The Other Party is obliged to take delivery of the purchased goods at the moment they are made available to it or are handed over to it.
  7. If the Other Party refuses to accept the item at the place of delivery or fails to provide data or instructions necessary for the delivery, the items intended for delivery will be stored at the risk and expense of the Other Party. In that case, the Other Party will owe all additional costs.

Article 11 Delivery terms

  1. Delivery will take place within a term specified by Aquablu.
  2. If a term has been agreed or specified for the delivery of the item, this term is only indicative and can never be regarded as a strict deadline.
  3. If Aquablu needs information or instructions from the Other Party, which are necessary for the delivery, the delivery time will commence after the Other Party has provided them to Aquablu.
  4. If the delivery term is exceeded, the Other Party must give Aquablu written notice of default, whereby Aquablu is still offered a reasonable term to deliver the item.
  5. A notice of default is not necessary if delivery has become permanently impossible or if it has otherwise become apparent that Aquablu will not fulfil its obligations under the Agreement. If Aquablu does not deliver within this term, the Other Party has the right to dissolve the Agreement without judicial intervention and/or to demand compensation.

Article 12 Transfer of risk for consumers

  1. This provision only applies to the Other Party acting as a consumer.
  2. The items that are the subject of the Agreement are for the account and risk of Aquablu until the time the items are brought into power to the Other Party.
  3. The risk of loss, damage or depreciation of items that are the subject of the Agreement transfers to the Other Party at the moment when items are brought under the control of the Other Party in the capacity of Consumer or a third party to be designated by the Other Party.

Article 13 Transfer of risk for companies

  1. This provision only applies to the Other Party acting as a company.
  2. The goods that are the subject of the Agreement until the time of making the goods available to the Other Party is at the expense and risk of Aquablu.
  3. The risk of loss, damage or depreciation of items that are the subject of the Agreement transfers to the Other Party at the moment when items are made available to the Other Party or a third party to be designated by the Other Party.

Article 14 Subscriptions

  1. The Other Party has the option of taking out a service.
  2. The subscription is concluded for a minimum of 1 year and is automatically extended after the subscription has expired.
  3. The Other Party can cancel the subscription at any time with due observance of a notice period of 1 month. In the event of cancellation, no compensation and/or settlement will take place.
  4. Subscription fees are billed monthly or automatically debited.

Article 15 CO2 Cylinders

  1. The content of the CO2 Cylinders is bought and delivered to the Other Party, but the CO2 Cylinders itself remain the property of Aquablu at all times, unless the Other Party has expressly purchased both the content and the CO2 Cylinder itself.
  2. Aquablu has the right at all times to reclaim the rented CO2 Cylinders or to demand restitution from the Other Party. CO2 Cylinders must be returned in undamaged and possibly unused condition in accordance with Aquablu’s return policy or specific instructions sent to you.
  3. If the CO2 Cylinders are returned in a damaged condition, are late or not returned entirely, Aquablue is entitled to recover damages from the Other Party.
  4. Shipping costs are for the account of the Other Party.
  5. The content of the CO2 Cylinders is topped up by Aquablu by means of a swap system.
  6. If a purchase obligation has been agreed, the purchase obligation applies for at least 1 year.

Article 16 Payment

  1. Payment is made by transfer to a bank account designated by Aquablu or in cash at the time of purchase or delivery, unless otherwise agreed.
  2. Payment can be made both before and after.
  3. Payment in arrears must be made within 30 days of the invoice date, in a manner to be indicated by Aquablu and in the currency in which the invoice is issued, unless otherwise agreed.
  4. Aquablu and the Other Party can agree that payment will be made in instalments. If payment in instalments has been agreed, the Other Party must pay in accordance with the instalments and percentages as determined in the Agreement.
  5. The Other Party is not authorized to deduct any amount due from a counterclaim made by it.
  6. Objections to the amount of the invoice do not suspend the payment obligation.
  7. After the expiry of 30 days after the invoice date, the Other Party is legally in default, without notice of default. From the moment of default, the Other Party owes an interest of 2% per month on the amount due, unless the statutory interest is higher.
  8. In the event of bankruptcy, suspension of payment or receivership, Aquablu’s claims and the Other Party’s obligations towards Aquablu are immediately due and payable.

Article 17 Collection costs

  1. If the Other Party is in default or in default in the (timely) fulfilment of its obligations, all reasonable costs incurred in obtaining payment out of court will be borne by the Other Party.
  2. With regard to the extrajudicial (collection) costs, insofar as the Other Party acts in its capacity as a Company, Aquablu is entitled to compensation of 15 % of the total outstanding principal with a minimum of € 90 for each invoice that has not been paid in whole or in part.
  3. With regard to the extrajudicial (collection) costs, Aquablu is entitled, insofar as the Other Party acts in the capacity of Consumer, to the statutory maximum permitted compensation as stipulated in the Decree on compensation for extrajudicial (collection) costs.
  4. Insofar as the Other Party acts in the capacity of Consumer, Aquablu is only entitled to compensation for the extrajudicial (collection) costs after Aquablu has sent the Other Party a reminder after the default has occurred to pay the outstanding invoice or invoices within 14 days. .
  5. Any reasonable judicial and enforcement costs incurred will also be borne by the Other Party.

Article 18 Retention of Title

  1. All goods delivered by Aquablu in the context of the Agreement remain the property of Aquablu until the Other Party has properly fulfilled and paid in full what it owes under the Agreement.
  2. The amount owed also includes: compensation for all costs and interest, including for earlier and later deliveries and services rendered, as well as claims for damages due to failure to perform.
  3. As long as the ownership of the delivered goods has not passed to the Other Party, the latter may not resell, pledge or in any other way encumber that which falls under the retention of title, except within the normal course of his/her business.

Article 19 Suspension

  1. If the Other Party does not, not fully or not timely fulfil an obligation under the Agreement, Aquablu has the right to suspend the fulfilment of the corresponding obligation. In the event of partial or improper fulfilment, suspension is only permitted insofar as the shortcoming justifies it.
  2. Furthermore, Aquablu is authorized to suspend the fulfilment of the obligations if:
  3. after the conclusion of the Agreement, Aquablu becomes aware of circumstances that give good grounds to fear that the Other Party will not fulfil its obligations;
  4. the Other Party was requested to provide security for the fulfilment of its obligations under the Agreement when concluding the Agreement and this security is not provided or is insufficient;
  5. circumstances arise which are of such a nature that fulfilment of the Agreement is impossible or that unaltered maintenance of the Agreement of Aquablu cannot reasonably be expected.
  6. Aquablu reserves the right to claim damages.

Article 20 Dissolution

  1. If the Other Party does not, not fully, not timely or not properly fulfil an obligation under the Agreement, Aquablu is authorized to dissolve the Agreement with immediate effect, unless the shortcoming does not justify the dissolution in view of its minor significance.
  2. Furthermore, Aquablu is authorized to dissolve the Agreement with immediate effect if:
  3. after the Agreement has been concluded, Aquablu has become aware of circumstances that give good grounds to fear that the Other Party will not fulfill its obligations;
  4. the Other Party was requested to provide security for the fulfillment of its obligations under the Agreement when concluding the Agreement and this security is not provided or is insufficient;
  5. due to the delay on the part of the Other Party,no longer Aquablu can be expected to fulfill the Agreement under the originally agreed conditions;
  6. circumstances arise which are of such a nature that fulfillment of the agreement is impossible or that unaltered maintenance of the agreement of Aquablu cannot reasonably be expected;
  7. the Other Party is declared bankrupt, files a request for suspension of payment, requests application of the debt rescheduling of natural persons, is confronted with an attachment of all or part of its property;
  8. the Other Party is placed under guardianship;
  9. the Other Party dies.
  10. Dissolution takes place by means of written notification without judicial intervention.
  11. If the Agreement is dissolved, Aquablu’s claims against the Other Party are immediately due and payable.
  12. If Aquablu dissolves the agreement on the basis of the foregoing grounds, Aquablu is not liable for any costs or compensation.
  13. If the dissolution is attributable to the Other Party, the Other Party is liable for the damage suffered by Aquablu.

Article 21 Force majeure

  1. A shortcoming cannot be attributed to Aquablu or the Other Party, as the shortcoming is not due to its fault, nor is it for its account by law, legal act or generally accepted views. In this case, the parties are also not obliged to fulfil the obligations arising from the Agreement.
  2. In these General Terms and Conditions, force majeure is understood to mean, in addition to what is understood in that area in law and jurisprudence, all external causes, foreseen or unforeseen, over which Aquablu has no influence and as a result of which Aquablu is unable to fulfil its obligations. .
  3. Force majeure circumstances are, among other things, considered: strike, lock-out, fire, water damage, natural disasters or other external calamities, mobilization, war, traffic obstructions, blockades, import or export obstacles or other government measures, stagnation or delay in the supply of raw materials or machine parts, lack of workers, as well as any circumstances that impede the normal course of the company, as a result of which the fulfilment of the Agreement by Aquablu cannot reasonably be expected of the Other Party.
  4. Aquablu also has the right to invoke force majeure if the circumstance that prevents (further) fulfilment of the Agreement occurs after Aquablu should have fulfilled its obligation.
  5. In the event of force majeure, the parties are not obliged to continue the Agreement, nor are they obliged to pay any compensation.
  6. Both Aquablu and the Other Party may suspend all or part of the obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than 2 months, both parties are entitled to dissolve the Agreement with immediate effect, by means of written notification, without judicial intervention, without the parties being able to claim any compensation.
  7. If the force majeure situation is of a temporary nature, Aquablu reserves the right to suspend the agreed performance for the duration of the force majeure situation. In the event of permanent force majeure, both parties are entitled to dissolve the Agreement extrajudicially.
  8. If, at the time of the occurrence of force majeure, Aquablu has partially fulfilled or will be able to fulfil its obligations under the Agreement, and the part fulfilled or to be fulfilled, respectively, has an independent value, Aquablu is entitled to separately fulfil the part already fulfilled or to be fulfilled. to invoice. The Other Party is obliged to pay this invoice as if it were a separate Agreement.

Article 22 Liability

  1. Aquablu is only liable for direct damage caused by deliberate recklessness or intent on the part of Aquablu.
  2. Aquablu is never liable for indirect damage, in any case including consequential damage, lost profit, lost savings, business interruption or immaterial damage of the Other Party. In the case of consumer purchases, this limitation does not extend beyond what is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.
  3. Aquablu is not liable for damage, of whatever nature, because Aquablu relied on incorrect and/or incomplete data provided by the Other Party, unless Aquablu should have been aware of this inaccuracy or incompleteness.
  4. The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of Aquablu or its managerial subordinates.
  5. If Aquablu should be liable for any damage, Aquablu’s liability is limited to the amount up to a maximum of twice the amount stated in the invoice or to the amount to which the insurance affiliated by Aquablu is entitled, increased by the deductible that Aquablu in accordance with the insurance.
  6. The Other Party must notify Aquablu of the damage for which Aquablu can be held liable as soon as possible, but in any case within 10 days after the damage occurred, on pain of forfeiture of any right to compensation for this damage.Any liability claim against Aquablu lapses within one year after the Other Party became aware of the damaging event or could reasonably have been aware of it.

Article 23 Indemnification

  1. The Other Party indemnifies Aquablu against any claims from third parties who suffer damage in connection with the execution of the Agreement and which is attributable to the Other Party.
  2. If Aquablu should be addressed by third parties, the Other Party is obliged to assist Aquablu both in and out of court. All costs and damage on the part of Aquablu and third parties are furthermore for the account and risk of the Other Party.

Article 24 Limitation period

  1. Contrary to the statutory limitation, a limitation period of one year applies to all claims against Aquablu and the third parties engaged by Aquablu (possibly).
  2. The foregoing does not apply to claims based on the non-compliance of the delivered item with the Agreement. In this case, the claims lapse two years after the Other Party has informed Aquablu about the defect in the delivered item.

Article 25 Intellectual property

  1. Aquablu reserves the rights and powers that accrue to it under the Copyright Act and other intellectual laws and regulations.
  2. Aquablu reserves the right to use any knowledge gained through the performance of the work for other purposes, insofar as no confidential information is disclosed to third parties.

Article 26 Amendment of general terms and conditions

  1. Aquablu has the right to unilaterally change these general terms and conditions.
  2. Changes will also apply to agreements already concluded.
  3. Aquablu will inform the Other Party of the changes by e-mail.
  4. The changes to the general terms and conditions will take effect thirty days after the Other Party has been notified of the changes.
  5. If the Other Party does not agree with the announced changes, the Other Party has the right to dissolve the agreement.

Article 27 Language and interpretation

  1. These General Terms and Conditions are the translated version of the Dutch General Terms and Conditions.
  2. The Dutch version of the General Terms and Conditions of Aquablu is the authentic version. The Dutch version of the General Terms and Conditions will take precedence in the event of the explanation or interpretation of the General Terms and Conditions.
  3. In the event of a difference in meaning or interpretation between the two versions, the Dutch version of the General Terms and Conditions will prevail.

Article 28 Applicable law and disputes

  1. All legal relationships to which Aquablu is a party are exclusively governed by Dutch law. Dit geldt ook indien een verbintenis geheel of gedeeltelijk in het buitenland wordt uitgevoerd of indien de Wederpartij zijn woonplaats in het buitenland heeft.
  2. The applicability of the Vienna Convention on the International Sales of Goods (CISG) is excluded.