Last update on 16 October 2018
Terms and Conditions
You are about to read a legal document, which is a user agreement between You, the Customer (whom we refer to as you, your or customer in this document) and us (the online shop atoko.nl).
In return for making use of this website, it is required that you accept the terms and conditions of use that are specified in this notice. If for any reason you disagree with these terms, you must leave the website and avoid using our services.
In this Agreement the following expressions are going to have the following meanings, unless mentioned otherwise.
Customer: The natural person who is not acting on the behalf of profession or business, who enters into a distance contract with Atoko.nl.
Means of distance communications: any medium which can be used by the customer to enter into agreement beyond the physical proximity, such as internet, telephone, fax, mail.
Service: all of the services provided via the Atoko.nl website or corresponding electronic communication means.
Website: the Atoko.nl website
Day: calendar day
Atoko.nl has the right to adjust the content of the terms and conditions at any time. All the changes to the current terms and conditions are going to be made available to the customers online. If you for any reason disagree with new terms and conditions and do not want to be bound by them anymore, you can contact us by any means of distant communication. However, if you continue using the website and services it will constitute your agreement with the new terms and conditions.
Provision of services and website
Applicability: The use of Atoko.nl website is subject to the terms and conditions specified in the current Agreement.
Age: The customer should be at least 16 years of age in order to use the website and the services provided on it.
Place: All of the services that are provided through the website are directed exclusively at the customers within the borders of the Netherlands. Our services are not provided or presented in any form for the use outside of the Netherlands.
Scope: The website and all of its services are provided strictly for non-commercial purposes and for personal use only. If anyone wants to use the website or its corresponding services in the commercial way, you must contact Atoko.nl for further discussion.
Prevention of use: Atoko.nl leaves the right to prevent anyone using the website or/and any of its corresponding services.
Equipment costs: Atoko.nl is not liable for any costs with regard to usage of our website or services. All the telephone costs, telecommunications costs, mailing costs or any other costs that may incur in the process of using the website or services shall be covered by the customer.
Registration: The use of the website and the corresponding services, including making an order can be done without registration and creation of the account. Nevertheless, the registration is going to provide you with the more functionality of the website and services.
Rules about using the website and services:
Atoko.nl is permanently maintaining website and services to assure that there are no errors in their operations. Nevertheless, we cannot guarantee that the functioning of website and services is free of any faults at all times. Atoko.nl is not liable for any errors or omissions that occur with the functioning of the website and services. However, we advise you to contact us personally in case of any fault in the services that are provided on our website.
Atoko.nl cannot guarantee each individual customer that the use of our website and services will be uninterrupted and that the transmitted information is going to be transmitted with full accuracy and reliability. However, we permanently strive to maintain the user experience and information exchange between you and us free of any faults at all times.
We are constantly using the most modern technologies in preserving the website from any form of computer viruses or other kinds of harmful software. However, Atoko.nl cannot guarantee that the website and corresponding services do not contain viruses or other harmful software that may negatively affect the technology.
Atoko.nl leaves the right to suspend, terminate or restrict access to our website and services at any time.
Violation of the rules
If you (or anyone else who has access to your account) is using our website and services in a way that breach the current agreement, Atoko.nl can may prevent you from any further use of website and/or services. Moreover, once we suspend you from using our website and/or services, we may never restore your access to our website and services again. Legal action will be taken if the violation of the rules constitute a breach of security, copyrights infringements or using the name Atoko without our consent.
None of the information in the current agreement can affect in any way your statutory rights.
Descriptions and product information
Atoko.nl puts a lot of effort in reflecting the true product colors, shapes and appearance as accurately as possible. However, we cannot guarantee that the product image that you will see on your monitor will always represent the physical appearance of the true product, due to the various factors such as variations in the monitor screen settings or new product designs.
All the photos and any descriptive matters, such as specifications and advertisement that are represented on our website are provided exclusively for an informational purpose of giving an approximate idea of the products. Atoko.nl leaves right to change or remove any of the illustrations, including product images, specifications and advertisement from the website at any time.
All of the prices of the offered products and/or services that are provided on the website are including VAT. All the prices that are presented on our website are quoted exclusive of postage and packaging, which will be further specified during the checkout stage. Atoko.nl guarantees no hidden costs such as taxes (VAT), packaging or delivery charges. Where these costs take place, you will be informed about it and the costs will be clearly indicated with the offer.
Atoko.nl assures that our customers are going to pay the same price for the products they order as was provided on our website at the moment the order was placed. However, Atoko.nl leaves the right to change the product prices at any time for any reason.
Currently, Atoko.nl is not charging any fees for the use of the website. However, we reserve the right to change it in the future and charge our customers for certain services that are provided on the website. Note, that in the event some services become paid, you will be clearly informed of all the charges before such service can be used.
The delivery of the order is done to your address within the time specified in the Product Delivery section of our website. Note, that we do not guarantee that the order is always going to be delivered on time. The provided estimates describe the minimum time it may take for your order to be delivered. However, we try our best to ensure that we do not deviate from the schedule.
We leave the right to cancel delivery of your order at any time with a further refund of your money on your bank account.
Registration for the service
In order to create an account on our website it is required to provide us with the name, address, email address and some other personal information. You will also be asked to choose a password for your account, which you are suppose to keep strictly confidential and avoid sharing it with the third parties, unless you authorise them to act as your agents for the purposes of using our website and services. Note, that you are fully responsible for the maintenance of the confidentiality of your password. You must notify us immediately if your password becomes known to any unauthorized third party or change it by yourself through My Account.
You are responsible for all the actions that are taken under your account name, regardless of the person taking the actions. This is your responsibility to assure complete safety of the username and password. You must not share the details of your user account with any third party. In case you become aware of any unauthorized use of your account, you should immediately inform Atoko.nl.
You should assure that any information that is provided in your account is up to date, true and free of mistakes in all respects. It is your responsibility to notify Atoko.nl right away about any changes to the information from your account.
Atoko.nl leaves the right to decline a new registration or close an already existing account at any time.
Sign-up for newsletters:
If you are not willing to create an account on our website, but nevertheless wish to receive informational emails (newsletters, information with regard to promotions, special offers etc.) Atoko.nl offers you an option to sign up for such service. You are free to choose which information you are going to receive on your emails by indicating your preferences. You might unsubscribe from receiving any information on your email at any time.
Intellectual property rights and copyrights
Atoko.nl claims all the intellectual property rights (including trademarks, patents, and designs), informational content of the website, website design, text and graphics to remain our property, unless otherwise specified. No one should obtain or use any of our intellectual property. It is prohibited to, or attempt to, reproduce any parts of the content of the website, except in accordance with this agreement. All of the materials that are displayed on the website and listed may not be reproduced without our permission. All rights reserved.
It is allowed to retrieve and display the content of the website on any type of the electronic device, download the content of the website and/or print it strictly for personal and non-commercial use, provided that none of the modifications is done to it. Any other form of reproduction, modification, redistribution, and usage of the website content (including framing this website into any other website) without our permission is strictly prohibited.
You are suppose to indemnify us and our respective directors, employees, and agents against each loss, liability or costs that arise due to your breach of this agreement or your violations of any law and/or rights of a third party.
Atoko.nl reserves the right to suspend or terminate your registration, terminate this agreement and deny your further access to the website and the services without any notice if:
1) You commit any breach of any parts of this agreement
2) The information you provide to us cannot be verified or authenticated
3) We suspect, on reasonable grounds, that the actions taken by you may cause any additional liability to us, you or/and any other users
This terms and conditions set out the whole understanding and agreement between Atoko.nl and you.
Nothing in this agreement shall create or be construed to create any agency, partnership, joint-venture between you and us, and neither party has the right to enter any contracts, as well as incur any debts or liabilities on behalf of the other.
Atoko.nl shall not be liable for any breach of our obligations that fall under the terms of this agreement in the event we are hindered from performing our duties and obligations by the forces outside our reasonable control, including civil conflicts, bad weather, strikes, labor disputes, act of God, telecommunication failures, legal obligations, accidents.
If any provision of this agreement is held to be unlawful unenforceable or invalid, such provision shall be deemed severed and shall be struck out. The validity and enforceability of the remaining provisions of this agreement shall remain in full force and effect.
You are not allowed to assign and/or delegate any of your rights of this agreement. At the same time, Atoko.nl leaves the right to assign and/or delegate any of our rights under this agreement at our sole discretion.
The failure of Atoko.nl to act with respect to any breach of the terms and conditions by you or others shall not be considered as a waiver of our right to act with respect to any similar breaches by any of our customers in the future.
These terms and conditions, as well as contracts for the purchase of products and all non-contractual relationships between you and us shall be governed by and construed in accordance with Dutch law. By accepting these terms and conditions both parties submit their agreements that Dutch courts will have exclusive jurisdiction for any dispute under this agreement.