TERMS AND CONDITIONS OF DELIVERY
1 – These Terms and Conditions of delivery are non-binding and form an integral part of the purchase and sale agreement, regarding all legal purposes.
2 – Any restrictions or conditions intended by the costumers that are contrary to or otherwise disposed of by these Terms and Conditions are not valid or effective unless expressly acknowledged by AKTIVA of its acceptance and validity.
The purchase and sale agreement of which these Terms and Conditions form an integral part shall only enter into force after AKTIVA sends Customer an express written confirmation of the supply of goods.
Offers and Orders:
1 – The offers by AKTIVA are always subject to express written confirmation, namely because they may have become unavailable in the meantime.
2 – AKTIVA owns the stocks it offers, having this stock coming from orders, cancellations, insolvencies, liquidations, production surpluses, season ends, abandoned containers, discards, among others.
3 – In the business of stocklots, it is assumed that the customer knows the goods and therefore, we declines any responsibility regarding its state of conservation or operation.
4 – All product labels were made with the express authorization of the brand owners.
5 – The Customer declares and warrants that the importation and resale of any product will not lead to the violation of any rights, including industrial property, or any other legal issues.
Prices and conditions of payment:
1 – All AKTIVA prices are EXW or FOB, excluding VAT according to established rates.
2 – All prices are expressed in Euro unless expressly agreed otherwise.
3 – Invoices must be paid by the Customer prior to the date of delivery, by bank transfer to the AKTIVA bank account.
4 – The payment is only released and considered as realized, when the amount corresponding to the invoices is credited and available in the AKTIVA account.
Transfer of risks:
1 – The transport of the goods is the responsibility and runs at Customer’s risk, unless otherwise expressly agreed.
2 – The risk passes to the Customer when the goods are delivered to the freight forwarder or carrier.
3 – The provisions of the preceding paragraph shall also apply to partial deliveries.
4 – If, by Customer’s request, the merchandise is sent later than the first possible delivery date, the risk passes to the Customer when he is informed that the goods are ready for shipment.
The Client only acquires ownership of the goods when all payments have been made in full and effectively made to AKTIVA, including amounts related to support and compensation, and the Customer therefore has no right to pledge, encumber, promise, assign or Transfer, in any way, the ownership of the assets to third parties.