These general terms and conditions apply to all trading transactions of ACC (in full Air Cooled Classics bvba) with priority and exclusion from all others.
Deviations are only possible if they are explicitly agreed upon in writing and in advance and signed by ACC or its legal representatives to the exclusion of any form of tacit acceptance or lack of protest.
These general terms and conditions are stated on all ACC documents and multilingual on the ACC website. The Dutch text of the general terms and conditions always determines the explanation thereof. The conclusion of a distance contract can only be achieved after electronic confirmation of knowledge and acceptance of these conditions when placing an order.
Every order by a customer is subject to acceptance by ACC; ACC can refuse an order without formalities or reasons.
In the event of an electronic order, ACC will confirm acceptance of the order as soon as possible.
Delivery times are always given as an indication unless specifically stipulated otherwise. Late delivery or delay in delivery cannot give rise to dissolution or cancellation of the sale by the buyer.
In the absence of delivery or legitimate cancellation, ACC will refund any payments received to the customer to the exclusion of any other form of additional compensation or damage.
Orders or remote sales must be settled via the payment app of the ACC website prior to shipment or delivery.
Orders or sales at the ACC address must be paid in full by the customer on the date of order or at the latest upon collection and prior to each delivery, unless explicitly agreed otherwise in writing.
In any case, ACC retains an exclusive ownership right on the delivered goods until the moment of full payment of the purchase price has been validated on the account of ACC. The buyer will refrain from any processing or incorporation of delivered goods until the moment of effective payment; the buyer will be responsible for all costs that are necessary to safeguard the retention of title of ACC if necessary.
ACC will execute orders it has accepted as soon as possible.
Each delivery is made at the risk and expense of the buyer at the address stated when the order is delivered or not delivered to the address of the buyer or his registered office.
The buyer must take the necessary measures to be able to take delivery of the goods and to accurately check the condition and quantity upon delivery and to have any comments or damage immediately and clearly stated on the delivery and transport documents of the carrier upon delivery. Once the goods have been received and confirmed by the signature of the buyer / recipient, it is very difficult or impossible to submit claims for damages against the parcel service / courier. Transport damage, which the buyer reports at a later date, is therefore not accepted or reimbursed.
All goods are delivered in the state in which they are at the time of the conclusion of the sale as shown in the description and / or photographic representation, the information and the price that were stated on the ACC website on the offer.
The customer shall immediately check the conformity of the goods upon delivery and, without prejudice to the notification obligation on the delivery or transport documents, immediately notify ACC of any comments by e-mail.
Small deviations in image, appearance, color, construction and the like are not considered to be a lack of conformity.
Errors made by the customer regarding the usability of the purchased part - such as but not limited to: missions about the year of manufacture, the date of manufacture, the type, compatibility, etc. - do not give rise to dissolution of the purchase and ACC will in no case be required to take back and / or full or partial reimbursement of the price or any other reimbursement of any kind.
Transactions that are subject to the rules of sale to private consumers have a maximum guarantee period of two years for new goods and one year for used goods, provided that the rules of proof by the buyer are respected. However, under penalty of invalidation of the guarantee, the delivered goods may not be dismantled or processed in any way by the buyer.
Transactions with traders and companies and / or for commercial or professional purposes are excluded from the legal guarantee granted to consumers unless explicitly stipulated otherwise for a specific transaction.
Also excluded from warranty are all cases in which the parts were tuned in some way (mechanically or electronically) or used to some extent for competition purposes or other forms of abnormal load.
ACC can in no way be held liable for damage resulting from the improper use of the goods.
For companies and traders, a right of withdrawal upon purchase is excluded.
In the case of purchases by private consumers, they have the option of revoking the contract for a period of 14 days, starting on the day after delivery of the goods, without payment of a fine and without giving a reason, provided that ACC receives written notice of this within that period. to inform; the customer can use the return form that ACC delivers to the customer when delivering the goods. ACC will immediately confirm receipt of this form to the customer.
During the withdrawal period, the buyer will handle the goods and the packaging with care. ACC only accepts returns of unused and undamaged goods in the state of delivery and which are provided with all supplied accessories and the original packaging with the barcode labels affixed to it in intact condition. The packaging may only be opened to the extent necessary to determine the nature, characteristics and operation of the goods. Any return to ACC must be made by registered or against receipt and takes place at the expense and risk of the customer.
In the event of impairment due to unauthorized use or damage during the withdrawal period, ACC will recover the damage from the customer; if it is determined on return that the good shows clear signs of use without this making the good useless, ACC will charge a fee of 75% of the purchase price; if damage is found on return that makes the property unusable, the whole of the purchase price will remain due.
The costs and risks of all shipments are and remain for the account of the customer-buyer. If ACC has already received payments from the customer in relation to the aforementioned revocation, the customer will only be entitled to a refund of the price of the purchased item, reduced if necessary in accordance with the provisions of the previous paragraph and any credit by ACC be reimbursed to the customer within fourteen days from the date of receipt and acceptance of the condition of the returned goods.
The private consumer must report any complaint about non-conformity of the delivered goods to ACC at the latest within two months from the day following that of delivery.
All other buyers must notify ACC of complaints clearly described on pain of forfeiture within eight days following the date of delivery.
Every complaint must be submitted to ACC with a registered mail or an equivalent written notification provided that ACC has expressly confirmed its receipt in writing.
ACC undertakes to immediately investigate and respond to complaints submitted within a reasonable time.
Upon acceptance of the complaint, ACC will, upon receipt of the returned goods, refund the amounts received as stated in Article 6 to the customer within fourteen days at the latest. ACC can in no case be obliged to pay any amount other than the purchase price received. ACC can in no way be held liable for indirect losses (including but not limited to installation and removal costs of the goods or services supplied), loss of profit and consequential losses.
The relationship between ACC and customer is governed exclusively by Belgian law, to the exclusion of the Vienna Sales Convention.
In the event of a dispute, only the courts of the Leuven district will be competent, in particular the Commercial Court, the Court of First Instance or the Peace Court of the Diest District, but on the understanding that ACC always remains entitled to bring the dispute at its discretion. before a court that has jurisdiction over the client's place of residence.
ACC undertakes to respect the privacy rules when processing and using personal data in accordance with the provisions of the General Data Protection Regulation (AVG) and the General Data Protection Regulation (GDPR) of 4 May 2016. At the simple request of the customer, all the personal data are deleted from the ACC data files in accordance with the legal regulations.