General Terms and Conditions ATAC.shop
Established on February 1, 2026.
ATAC.shop is established in the Netherlands and has no visiting address.
ATAC.shop is registered with the Chamber of Commerce under number: 59977353.
ATAC.shop has VAT number: NL001350883B09
Article 1. Definitions
In these General Terms and Conditions, the following terms are used in the following meaning, unless explicitly stated otherwise.
General Terms and Conditions: The General Terms and Conditions as stated below.
ATAC.shop: ATAC.shop is a company focused on providing Services and manufacturing and selling Products.
Services: The facilitation and management of a webshop by ATAC.shop for the benefit of the Counterparty.
Products: All items that are the subject of the Agreement concluded between ATAC.shop and the Counterparty.
Agreement: Any Agreement concluded between ATAC.shop and the Counterparty, aimed at providing the Services and selling the Products.
Counterparty: The one who has accepted these General Terms and Conditions and has given ATAC.shop an assignment to perform the Service and/or has purchased the Product. The Counterparty includes both Individuals and Companies.
Individual: The Counterparty, natural person, not acting in the exercise of a business or profession.
Company: The Counterparty, not a natural person, acting in the exercise of a business or profession (business customer).
Party: ATAC.shop, or the Counterparty, together referred to as the “Parties”.
Rate: The Rate is the purchase price that the Counterparty pays for the delivered Products from ATAC.shop.
Article 2. Applicability of General Terms and Conditions
These General Terms and Conditions apply to every Agreement concluded between ATAC.shop and the Counterparty, unless these General Terms and Conditions have been explicitly and in writing deviated from by the Parties.
These General Terms and Conditions also apply to Agreements with ATAC.shop, where third parties are involved for the execution of the Agreement.
The applicability of any purchase or other General Terms and Conditions of the Counterparty is explicitly rejected.
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4. If it has been found that one or more provisions in these General Terms and Conditions are null or voidable, the General Terms and Conditions will remain in force for all the rest. ATAC.shop and the Counterparty will consult to agree on new provisions to replace the null or void provisions.
Deviations from the Agreement and from these General Terms and Conditions are only valid if they have been agreed in writing and explicitly with ATAC.shop.
In all cases where these General Terms and Conditions do not provide, the Agreement will be interpreted in the light of these General Terms and Conditions and according to reasonableness and fairness.
Article 3. Formation, duration and termination of Agreement
All quotes from ATAC.shop are valid during the period stated in the quote. The quote expires when this period has elapsed, read: 30 days.
All quotes apply while stocks last.
ATAC.shop cannot be held to its quotes if the Counterparty, in terms of reasonableness and fairness and commonly accepted views in society, should have understood that the quote, or a part thereof, contains an obvious mistake or typing error. In this case, no Agreement has been formed.
If the acceptance by the Counterparty deviates from the offer included in the quote, whether or not on minor points, ATAC.shop is not bound by it. In this case, no Agreement has been formed.
If ATAC.shop provides the Counterparty with a composite price quote, ATAC.shop is not obliged to perform a part of the Services, nor to deliver a part of the Products, corresponding to a part of the stated Rate.
All quotes do not automatically apply to future Agreements.
The Agreement is formed by timely acceptance by the Counterparty. The Agreement is concluded for an indefinite period, unless it follows otherwise from the nature of the Agreement or if the Parties have explicitly and in writing agreed otherwise.
The Agreement can be terminated at any time by mutual consent, without observing a notice period. Upon termination of the Agreement, ATAC.shop is entitled to charge the costs already incurred and the work already performed.
Article 4. Amendment of Agreement
If during the execution of the Agreement it appears that it is necessary for a proper execution to amend or supplement the Agreement, ATAC.shop will inform the Counterparty of this as soon as possible, as well as of any financial consequences. The Parties will proceed to adjust the Agreement in mutual consultation.
ATAC.shop cannot charge additional costs if the amendment or supplement to the Agreement is the result of circumstances that can be attributed to ATAC.shop.
Amendments to or supplements to the original Agreement are only valid from the moment that these amendments or supplements have been accepted in writing by the Parties.
Article 5. Rates
The Rates are expressed in euros, including VAT and other government levies, unless
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indicated otherwise.
The Rates are exclusive of additional costs, such as travel, parking and shipping costs, unless indicated otherwise.
If Products need to be sent abroad (outside the Netherlands), an additional surcharge will be charged for this. It is only possible to send Products via parcel post.
ATAC.shop will provide the Counterparty with a statement of all additional costs or provide data on the basis of which these costs can be calculated by the Counterparty in time before the conclusion of the Agreement.
Article 6. Amendment of Rates
If ATAC.shop agrees on a fixed Rate when concluding the Agreement, ATAC.shop is entitled to increase it, even when the Rate was originally not given subject to reservation.
If ATAC.shop intends to change the Rate, it will inform the Counterparty of this as soon as possible, as well as of the extent of the increase and the date on which the increase will take effect.
The Counterparty is entitled to dissolve the Agreement if the increase of the Rate takes place within three months after the conclusion of the Agreement, unless:
The increase of the Rate arises from a power or an obligation resting on ATAC.shop pursuant to the law;
The increase of the Rate finds cause in an increase in the price of materials, parts, raw materials, wages, shipping costs etc. or on other grounds that were reasonably not foreseeable when entering into the Agreement;
ATAC.shop is still willing to execute the Agreement based on the originally agreed Rate;
The Parties have agreed that the execution of the Agreement will commence on a date longer than three months after the conclusion of the Agreement.
Article 7. Execution
ATAC.shop will execute the Services to the best of its insight and ability and in accordance with the requirements of good craftsmanship.
ATAC.shop has the right to have certain work performed by third parties. The application of articles 7:404, 7:407 paragraph 2 and 7:409 of the Civil Code (BW) is therefore explicitly excluded.
If the Agreement is executed in phases, ATAC.shop has the right to invoice each executed part separately and demand payment for it. If and as long as this invoice is not paid by the Counterparty, ATAC.shop is not obliged to execute the next phase and has the right to suspend the Agreement.
If the Counterparty chooses for a file check, performed by ATAC.shop, the delivery will take place within 2 to 3 working days. If the Counterparty chooses for no file check, performed by ATAC.shop, the delivery may deviate from the term described above.
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5. The Counterparty provides all information, data, instructions and documents that are necessary for the execution of the Agreement or which the Counterparty should reasonably understand are necessary for the execution of the Agreement, to ATAC.shop in a timely manner.
If the aforementioned information, data, instructions and documents are not provided or not provided in time, ATAC.shop has the right to suspend the execution of the Agreement. The extra costs incurred due to the delay are for the account of the Counterparty.
Article 8. Delivery of Products
The delivery takes place by placing the Product in the power of the Counterparty (in the capacity of Consumer) or by making the Product available to the Counterparty (in the capacity of Company) or a third party designated by the Counterparty. The Counterparty has the option to make a choice in this.
If the work and/or the Service is completed, ATAC.shop will contact the Counterparty by telephone before the Product can be picked up and delivery will take place.
The Counterparty or third party designated by the Counterparty is obliged to take delivery of the purchased Product at the moment it is handed over or made available to him/her, unless this brings serious objections or unreasonable costs.
If the Counterparty or designated third party refuses to take delivery of the Product at the place of delivery or is negligent in providing information, data, instructions or documents necessary for the delivery, the Products intended for delivery will be stored at the risk and expense of the Counterparty. The Counterparty will in this case owe all additional costs.
Article 9. Delivery terms
The delivery of the Products will take place within a term specified by ATAC.shop. This term is only indicative and never to be considered as a fatal term.
If ATAC.shop needs information, data, instructions or documents from the Counterparty that are necessary for the delivery of the Products, the delivery term commences after the Counterparty has provided them to ATAC.shop.
In case of exceeding the delivery term, the Counterparty must put ATAC.shop in default in writing, whereby ATAC.shop is still offered a reasonable term to deliver the Products.
A notice of default is not necessary when the delivery has become permanently impossible or it has otherwise become apparent that ATAC.shop will not fulfill its obligations under the Agreement. If ATAC.shop does not proceed to delivery within this term, the Counterparty has the right to dissolve the Agreement without judicial intervention and/or to demand compensation.
Article 10. Risk transfer
The Products are at the expense and risk of ATAC.shop until the time of delivery.
The risk of loss, damage or depreciation of the Products passes to the Counterparty at the moment of delivery: at the moment when the Products are brought into the power of the Counterparty or a third party to be designated by the Counterparty or at the moment when the Products are available to the Counterparty or a third party to be designated by the Counterparty.
Article 11. Retention of title
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1. All Products delivered by ATAC.shop under the Agreement remain the property of ATAC.shop until the Counterparty has properly fulfilled and fully paid what he/she owes under the Agreement (the Rate).
The owed also includes: reimbursement of all costs and interest, also of earlier and later deliveries, as well as damage claims due to failure in fulfillment.
As long as the ownership of the delivered Product has not passed to the Counterparty, he/she may not resell, pledge or in any other way encumber what falls under the retention of title, except within the normal exercise of his/her business.
Article 12. Payment
Payment of the Rate takes place by transfer to an account designated by ATAC.shop, in a manner indicated by ATAC.shop and in the currency in which it is invoiced, unless otherwise agreed.
The Counterparty is not authorized to deduct any amount from the owed due to a counterclaim made by him/her.
If and to the extent that the delivery and/or payment is made by and/or from another European country than the Netherlands, ATAC.shop will ask for a valid VAT identification number. If there is a valid VAT identification number, ATAC.shop will shift the owed VAT amount according to invoicing.
ATAC.shop is entitled to invoice the work performed in the preceding period to the Counterparty.
Objections to the amount of the invoice do not suspend the payment obligation.
In case of bankruptcy, suspension of payment or guardianship of the Counterparty, the claims of ATAC.shop and the obligations of the Counterparty towards ATAC.shop are immediately due and payable.
Article 13. Suspension
If the Counterparty does not, not fully or not timely fulfill an obligation under the Agreement, ATAC.shop has the right to suspend the fulfillment of the corresponding obligation. In case of partial or improper fulfillment, suspension is only permitted insofar as the shortcoming justifies it.
In addition, ATAC.shop is authorized to suspend the fulfillment of its obligations if:
After concluding the Agreement, circumstances have come to the knowledge of ATAC.shop that give good reason to fear that the Counterparty will not fulfill the obligations;
The Counterparty was requested when concluding the Agreement to provide security for the satisfaction of his obligations under the Agreement and this security is absent or insufficient;
Circumstances occur which are of such a nature that fulfillment of the Agreement is impossible or that unchanged maintenance of the Agreement cannot reasonably be required of ATAC.shop. 3. In case of suspension, ATAC.shop retains the right to claim compensation.
Article 14. Dissolution
If the Counterparty does not, not fully, not timely or not properly fulfill an obligation under the Agreement, ATAC.shop is authorized to dissolve the Agreement with immediate effect,
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unless the shortcoming, given its minor significance, does not justify the dissolution.
In addition, ATAC.shop is authorized to dissolve the Agreement with immediate effect, if:
After concluding the Agreement, circumstances have come to the knowledge of ATAC.shop that give good reason to fear that the Counterparty will not fulfill the obligations;
The Counterparty was requested when concluding the Agreement to provide security for the satisfaction of his obligations under the Agreement and this security is absent or insufficient;
Due to the delay on the side of the Counterparty, ATAC.shop can no longer be required to fulfill the Agreement under the originally agreed conditions;
Circumstances occur which are of such a nature that fulfillment of the Agreement is impossible or that unchanged maintenance of the Agreement cannot reasonably be required of ATAC.shop;
The Counterparty is declared bankrupt, submits a request for suspension of payment, requests application of the debt restructuring for natural persons, is confronted with attachment on all or part of his/her property;
The Counterparty is placed under guardianship;
The Counterparty has passed away.
Dissolution of the Agreement takes place by means of written notification to the Counterparty, without judicial intervention.
If the Agreement is dissolved, the claims of ATAC.shop on the Counterparty are immediately due and payable.
If ATAC.shop dissolves the Agreement on the basis of the foregoing grounds, ATAC.shop is not liable for any costs or compensation. If the dissolution is attributable to the Counterparty, the Counterparty is liable for the damage suffered by ATAC.shop.
Article 15. Force Majeure
If ATAC.shop does not, not fully, not timely or not properly fulfill an obligation under the Agreement, there is a shortcoming on its side. A shortcoming cannot be attributed to ATAC.shop if the shortcoming is not due to its fault, nor is it for its account pursuant to the law, a legal act or generally accepted views. In this case, there is force majeure. In case of force majeure, the Parties are also not obliged to fulfill the obligations arising from the Agreement.
In these General Terms and Conditions, force majeure is understood, in addition to what is understood in the law and jurisprudence in that area, all external causes, foreseen or unforeseen, on which ATAC.shop cannot exert influence and due to which ATAC.shop is unable to fulfill the obligations. ATAC.shop also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the Agreement occurs after ATAC.shop should have fulfilled its commitment.
Both ATAC.shop and the Counterparty can fully or partially suspend the obligations under the Agreement during the period that the force majeure continues. If the situation of force majeure is temporary, ATAC.shop reserves the right to suspend the agreed performance for the duration of the force majeure situation. In case of permanent force majeure, both Parties
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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.
If ATAC.shop has already partially fulfilled its obligations under the Agreement at the time of the occurrence of force majeure or will be able to fulfill them, and independent value is attributed to the fulfilled or to be fulfilled part, ATAC.shop is entitled to invoice the already fulfilled or to be fulfilled part separately. The Counterparty is obliged to pay this invoice as if there were a separate Agreement.
All the foregoing also applies to the Counterparty if there is force majeure on his/her side.
Article 16. Conformity, investigation period and warranty
If the performed Services and/or the delivered Products, in the opinion of the Counterparty, are not performed and/or delivered in accordance with the Agreement, the Counterparty must report this timely (see next paragraph) to ATAC.shop. ATAC.shop will then assess whether the performed Services and/or the delivered Products qualify for possible (partial) repair, (partial) replacement or a (partial) refund.
The Counterparty is obliged to investigate the performed Services at the moment of delivery, but in any case within 2 days after delivery. The Counterparty is obliged to investigate the delivered Products at the moment of delivery, but in any case within 2 days after delivery. The Counterparty should investigate whether the quality and quantity of what has been delivered corresponds to what was agreed, or at least meets the requirements that apply in normal commercial traffic.
If the delivered Product is produced by a third party, the warranty provided by this third party applies, unless indicated otherwise.
Any form of possible warranty expires if the defect is not reported within the specified term (unless a wider term arises from the nature of the Services and/or Products or from circumstances of the case), if the defect has arisen as a result of unskilled use, lack of care, the Products have otherwise been handled or maintained in an imprudent manner or if the defect is a consequence of changes that the Counterparty or third parties have made to the performed Services and/or the delivered Products. In addition, any repair, replacement or refund expires if the defect has arisen through or is the result of circumstances that ATAC.shop cannot influence (these circumstances include weather conditions). Possible warranty, replacement or refund is excluded on repair work and on damage as a result of normal use and wear.
The payment obligation is not suspended if the Counterparty notifies ATAC.shop of the defective item within the specified term.
If the Counterparty timely reports the possible defects, the Counterparty nevertheless remains obliged to accept and pay for the Services and/or Products, unless the Services and/or Products have no independent value.
Article 17. Damage and liability
ATAC.shop is only liable for direct damage, provided that direct damage has arisen due to deliberate recklessness or intent of ATAC.shop. Direct damage must exclusively be understood as:
Material damage to the property of the Counterparty;
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Reasonable costs that the Counterparty has incurred to determine the liability and (the extent of the direct) damage;
Reasonable costs that the Counterparty has reasonably incurred, and could and may reasonably incur, to prevent or limit the damage, insofar as the Counterparty demonstrates that these costs have led to a limitation of the direct damage;
Reasonable costs that the Counterparty has reasonably incurred to obtain satisfaction out of court, as meant in article 6:96 paragraph 2, sub c of the Civil Code.
ATAC.shop is not liable for indirect damage (including in any case consequential damage, lost profit, missed savings, business stagnation or immaterial damage of the Counterparty, in the case of consumer purchase this limitation does not extend beyond what is permitted pursuant to article 7:24 paragraph 2 BW), not for damage, of whatever nature, because ATAC.shop has assumed incorrect and/or incomplete data provided by the Counterparty (unless this inaccuracy or incompleteness should have been known to ATAC.shop) and not for mutilation, destruction, theft or loss of data or documents.
ATAC.shop uses a chat robot and/or an automatically generated messaging system on its website. ATAC.shop accepts no liability whatsoever for the content, accuracy or outcome of the information provided by this system. No rights can be derived by the user from the communications provided by the chat robot or the automatic messaging system.
If ATAC.shop should be liable for any damage, its liability is limited to the amount of at most once the amount stated in the invoice or to the amount to which the insurance taken out by ATAC.shop gives entitlement, increased by the deductible that ATAC.shop bears in accordance with the insurance.
The Counterparty must report the damage for which ATAC.shop can be held liable to ATAC.shop as soon as possible, but in any case within fourteen days after the damage arose, all this on pain of forfeiture of any right to compensation for this damage
Article 18. Indemnification and limitation period
The Counterparty indemnifies ATAC.shop against possible claims from third parties who suffer damage in connection with the execution of the Agreement and which is attributable to the Counterparty.
If ATAC.shop should be addressed by third parties, the Counterparty is obliged to assist ATAC.shop both out of court and in court. All costs and damage on the side of ATAC.shop and third parties are further for the account and risk of the Counterparty.
For all claims against ATAC.shop and the third parties (possibly) engaged by ATAC.shop, a limitation period of one year applies, in deviation from the statutory limitation periods, unless the claim is based on the delivered Product not corresponding to the Agreement, then a limitation period of two years applies.
Article 19. Complaints procedure
If the Counterparty has a complaint about the way ATAC.shop conducts its business activities, the Counterparty can submit a complaint via email.
The Counterparty must submit a complaint within one month after the Counterparty has become aware of the existence of the complaint.
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3. ATAC.shop treats all complaints confidentially.
ATAC.shop will strive to handle the complaint within one month.
Article 20. Copyright and intellectual property rights
ATAC.shop reserves the rights and powers that accrue to it under the Copyright Act and other intellectual laws and regulations.
ATAC.shop reserves the right to use the knowledge increased by the execution of the Agreement for other purposes, insofar as no confidential information is brought to the knowledge of third parties.
Article 21. Confidentiality
Both ATAC.shop and the Counterparty are obliged to observe confidentiality during the term and after termination of the Agreement regarding all facts and particulars concerning the company of which he or she knows or can reasonably suspect that they are confidential. This duty of confidentiality also includes all data of the employees, clients, principals and other relations of which knowledge has been taken under the Assignment.
Article 22. Processing of personal data
In the execution of the Services and the sale of the Products, ATAC.shop processes personal data of the Counterparty. In the processing of personal data, ATAC.shop acts in accordance with the applicable privacy laws and regulations.
The personal data that the Counterparty provides to ATAC.shop, ATAC.shop will store carefully and confidentially. ATAC.shop will not store the personal data longer than necessary.
ATAC.shop will use the personal data of the Counterparty exclusively and only for necessary specific purposes: in the framework of the execution of the Services, the delivery of the Products or the handling of a possible complaint.
ATAC.shop is not allowed to lend, rent, sell or in any other way make public the personal data of the Counterparty.
The Counterparty has a number of rights, including the right to inspection, right to correction and right to deletion of the provided personal data.
The Counterparty is entitled to submit a complaint to the Personal Data Authority regarding his/her personal data. The Personal Data Authority is obliged to handle this complaint.
Article 23. Cookies
When visiting the website of ATAC.shop, ATAC.shop can collect information from the Counterparty about the use of the website by means of cookies. When visiting the website, the Counterparty must indicate whether he/she agrees with the use of cookies.
The information that ATAC.shop collects by means of cookies can be used for functional and analytical purposes.
Article 24. Newsletter
The Counterparty can sign up for the newsletter. The newsletter keeps the Counterparty informed of the latest news and the most recent developments.
The Counterparty receives the newsletter by e-mail.
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3. The Counterparty can unsubscribe from the newsletter at any time in writing or via the hyperlink. After the Counterparty has unsubscribed, he/she will no longer receive the newsletter.
Article 25. Amendment of General Terms and Conditions
ATAC.shop has the right to unilaterally amend these General Terms and Conditions. Changes will also apply to already concluded Agreements.
ATAC.shop will notify the Counterparty of the changes by e-mail. The changes will take effect thirty days after the Counterparty has been notified of the changes.
If the Counterparty does not agree with the announced changes, the Counterparty has the right to dissolve the Agreement, unless ATAC.shop is willing to execute the Agreement in accordance with the originally applicable General Terms and Conditions.
Article 26. Applicable law and disputes
Dutch law applies exclusively to all legal relationships in which ATAC.shop is a party. This also applies if an obligation is fully or partially executed abroad or if the Counterparty has his/her residence abroad.
The applicability of the Vienna Sales Convention is excluded.
Disputes between ATAC.shop and the Counterparty will be submitted exclusively to the competent judge, unless the law mandatorily prescribes otherwise.
Article 27. Location of General Terms and Conditions
These General Terms and Conditions are published on the website of ATAC.shop. A digital copy can be sent upon request.