General Terms and Conditions of Amvizo

These are the general terms and conditions of Amvizo. Amvizo is a trade name of Exentury, a registered business in The Netherlands. Amvizo offers products to customers remotely via the website https://amvizo.com.

These general terms and conditions may be updated over time and was last updated on November 28, 2022.

Article 1 – Definitions

In these general terms and conditions, the following terms are defined as follows:

• Customer: The natural person who is not acting for a profession or company who purchases a product.
• Reflection period: The period within which the customer can make use of the customer’s right of withdrawal.
• Right of withdrawal: The option for the customer to cancel the (purchase) agreement within the reflection period.

Article 2 – Applicability

1. These general terms and conditions apply to every product offer from Amvizo and to every customer order placed with Amvizo and to every (distance) agreement between a customer and Amvizo.
2. Before an (distance) agreement between a customer and Amvizo is concluded, the text of these general terms and conditions will be made available to the customer at https://amvizo.com/terms-and-conditions. A customer can also request Amvizo to send the general term and conditions by email.
3. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the remainder of the agreement and these general terms and conditions will remain in effect and the relevant provision will be immediately replaced in mutual consultation by a provision that approaches the purport of the original as much as possible.
4. Situations that are not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
5. Uncertainties about the explanation or content of one or more provisions of these general terms and conditions must be explained ‘in the spirit’ of these general terms and conditions.

Article 3 – Product offer

1. The product offer is described sufficiently detailed to enable a proper assessment by the customer. Any used images are a true representation of the products. Obvious mistakes or errors in the product offer do not bind Amvizo.
2. All images, specifications and data in the offer have been provided to the best of Amvizo’s knowledge and cannot give rise to compensation or dissolution of the agreement.
3. Images accompanying products are a true representation of the products offered. Amvizo cannot guarantee that the displayed colors exactly match the real colors of the products.
4. The product offer is without obligation. Amvizo is entitled to change and adapt the product offer.

Article 4 – Agreement

1. The agreement is concluded at the moment of acceptance by the customer of the offer and compliance with the corresponding conditions.
2. Amvizo confirms receipt of the acceptance electronically. As long as receipt of this acceptance has not been confirmed by Amvizo, the customer can dissolve the agreement.
3. Amvizo is entitled not to enter into an agreement if there are facts, factors or realistic suspicions, as a result of which entering into a distance agreement is not justified.

Article 5 – Price

1. For orders shipped to customers within the European Union, the price stated in a product offer includes VAT, unless it is explicitly stated that the price is exclusive of VAT.
2. For orders shipped to customers outside the European Union, the price stated in a product offer is exclusive of any applicable local taxes (including VAT) and/or import duties.
3. Prices will be adjusted in case of change of applicable VAT rates.
4. In the event of manifestly incorrect prices or maliciously altered prices, Amvizo is not obliged to deliver the product according to the incorrect price.

Article 6 – Payment

1. Unless otherwise agreed, the amounts owed by the customer must be paid in advance using the electronic payment system on the website.
2. The customer is obliged to immediately report inaccuracies in payment details provided or stated to Amvizo.
3. In the event of non-payment by the customer, Amvizo has the right, subject to legal restrictions, to charge any reasonable costs incurred.

Article 7 – Fulfillment

1. The place of delivery is the address specified by the customer. Amvizo is not liable if the customer does not receive the customer’s order because the customer has provided an incorrect shipping address.
2. If an order cannot or only partially be fulfilled, the customer will be notified of this no later than 14 days after the customer has placed the order. In that case, the customer has the right to dissolve the agreement without costs. In the event of dissolution, Amvizo will refund the amount paid by the customer for undelivered products within 7 days. The customer is not entitled to compensation.
3. All delivery estimates are indicative. The customer cannot derive any rights from any periods mentioned. Exceeding a term does not entitle the customer to compensation.
4. The risk of damage and/or loss of products rests with Amvizo until the moment of delivery to the customer or a pre-disclosed customer representative, unless expressly agreed otherwise.

Article 8 – Right of withdrawal

1. When purchasing products, a customer has the option of dissolving the contract without giving any reason during 14 days. This reflection period starts on the day after receipt of the product by the customer or a pre-disclosed customer representative.
2. If a customer makes use of the customer’s right of withdrawal, the customer will return the product to Amvizo in its original condition and undamaged packaging. The customer must explicitly state with the return shipment that it concerns the customer’s right of withdrawal.
3. If a customer wishes to make use of the customer’s right of withdrawal, the customer is obliged to inform Amvizo of this within 14 days of receipt of the product. This can be done via e-mail. After a customer has indicated that the customer wishes to make use of the customer’s right of withdrawal, the customer must return the product within 14 days. The customer must be able to prove that the delivered goods have been returned on time, for example by proof of shipment. Amvizo will send the customer a confirmation by email when a return shipment has been received.
4. If, after the expiry of the 14-day period referred to in paragraph 3 above, the customer has not indicated that the customer wishes to make use of the customer’s right of withdrawal or has not returned the product to Amvizo, the purchase is a fact.

Article 9 – Costs in case of withdrawal

1. If a customer makes use of the customer’s right of withdrawal, the costs of return are for the customer’s account.
2. If a customer has paid an amount, Amvizo will refund this amount as soon as possible, but at the latest within 7 days after the product has been received back by Amvizo. Reimbursement will be made via the same payment method used by the customer unless the customer gives permission for a different payment method.
3. In the event of damage to the product due to careless handling by the customer, the customer is liable for any reduction in value of the product.
4. The customer cannot be held liable for depreciation of the product if Amvizo has not provided all legally required information about the right of withdrawal, this must be done before concluding the purchase agreement.

Article 10 – Warranty

1. Any defective, damaged or incorrectly delivered products must be reported to Amvizo in writing within 14 days of delivery. Return of the products must be in the original packaging and in new condition.
2. All rights and remedies conveyed by applicable local customer protection laws and regulations apply.
3. Amvizo offers a two-year warranty on the Surround Engine product hardware, unless a different warranty term is expressly stated during or at the time of purchase. When having bought a second-hand Surround Engine product, the remaining period of warranty is measured from the moment of purchase by the product’s first owner. Eligible warranty claims are entitled to a free repair or replacement of the product or a prorated refund. Normal wear of the power supply and supplied connection cables is not covered by warranty. Products are not covered by warranty if they are opened or modified or if they are subjected to incorrect / improper use, incorrect / improper handling, external influences or force majeure.
4. All software that Surround Engine uses is provided “as is”, without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and noninfringement. In no event shall the authors or copyright holders be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the software or the use or other dealings in the software.
5. When a customer makes a warranty claim, Amvizo may ask for proof of purchase, such as the invoice, or proof of delivery to the customer. The customer is obligated to comply with such request.
6. Amvizo is not responsible for the ultimate suitability of the products for any individual application by the customer, nor for any advice regarding the use or application of the products.

Article 11 – Complaints

1. Complaints about the performance of the agreement must be submitted fully and clearly described to Amvizo within 30 days after the customer has discovered the defects.
2. Complaints submitted to Amvizo will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Amvizo will respond within the period of 14 days with an acknowledgment of receipt and an indication when the customer can expect a more detailed answer.
3. If a complaint is found to be valid, Amvizo will try to offer an appropriate solution.
4. A complaint does not suspend Amvizo’s obligations, unless Amvizo indicates otherwise in writing.
5. If a complaint cannot be resolved by mutual agreement, a dispute arises.

Article 12 – Disputes

1. Dutch law applies exclusively to agreements between Amvizo and the customer to which these general terms and conditions apply. Even if the customer is not located in the Netherlands.
2. The Vienna Sales Convention does not apply.

Article 13 – Disclaimer

1. The customer agrees to indemnify and hold Amvizo, its affiliates and its employees harmless from and against any and all liabilities, costs, damages and expenses (including attorneys’ fees) arising directly or indirectly from customer’s breach of these general terms and conditions.

Article 14 – Amendments

1. Additional or deviating provisions of these general terms and conditions may not be to the detriment of the customer and must be recorded in writing and/or electronically and confirmed by Amvizo before the customer accepts the offer and before the agreement is concluded.
2. Amvizo reserves the right to make changes to these general terms and conditions at any time. Such changes will be effective upon posting at https://amvizo.com/terms-and-conditions and will not affect any agreements entered into or completed prior to such posting.