General terms and conditions
Article 1 - Definitions In these terms and conditions, the following definitions shall
apply: Reflection period: the period within which the consumer can exercise his right of
withdrawal; Consumer: the natural person not acting in the exercise of a profession or
business and a
enters into a contract with the entrepreneur; Day: calendar day; Duration transaction: a
distance contract relating to a series of products and/or services, of which
the delivery and/or purchase obligation is spread over time; Durable data carrier: any means
that enables the consumer or entrepreneur to store information addressed personally to him
in a way that allows future consultation and unaltered
allows reproduction of the stored information. Right of withdrawal: the
possibility for the to the distance contract within the cooling-off period; Entrepreneur: the
natural or legal person who offers products and/or services to consumers from a distance;
contract: an agreement whereby, within the framework of a system organized by the
entrepreneur for distance selling of products and/or services, up to and including the
conclusion of the agreement, exclusive use is made of one or more techniques for distance
communication; Technique for distance communication: means that can be used for the
conclusion of an agreement, without the consumer and entrepreneur having come together in
the same room at the same time General Terms and Conditions: the present General Terms
and Conditions of the entrepreneur.
Article 2 - Right of withdrawal
The consumer has the right, within a 14-day cooling-off period without giving
reasons, to cancel the
agreement to be revoked.
During the cooling-off period, the consumer will handle the product and packaging
with care.
If the consumer exercises his right of withdrawal, he will receive the product with all
delivered
accessories and, if possible, return it in its original condition, in accordance with
reasonable instructions from the
entrepreneur.
Article 3 - Applicability These general terms and conditions apply to every offer of the
entrepreneur and to every distance contract and order concluded between entrepreneur and
consumer. Before the distance contract is , the text of these general conditions will be made
available to the consumer. If this
is not reasonably possible, before the distance contract is concluded, it will be indicated that
the general terms and conditions are available for inspection at the entrepreneur's premises
and they will be sent free of charge to the consumer as soon as possible upon request. If the
distance contract is electronically, notwithstanding the previous paragraph and before the
distance contract is concluded, the text of these general
terms and conditions are made available to the consumer electronically in such a way that it
can be easily accessed by the consumer
stored on a durable data carrier. If this is not reasonably , before the remote agreement is
concluded, it will be indicated where of the
general terms and conditions may be inspected electronically and that they will, at the
consumer's request. electronically or otherwise, be made available free of charge to the
consumer.
be sent. In case specific product or service conditions apply in addition to these general
terms and conditions, the second and third paragraphs of
corresponding application, and in the event of conflicting general conditions, the consumer
may always rely on the applicable provision that is most favorable to him. If one or more
provisions in these general conditions at any time wholly or partially void or , then the
agreement and these terms and conditions for the rest shall remain in force and the provision
in question in mutual consultation will be immediately
be replaced by a provision that gives the intent of the original as much
approached as possible. Situations not covered by these general terms and conditions are to
be assessed 'in the spirit' these general terms and conditions. Uncertainties about the
interpretation or content of one or more provisions of our terms and conditions are to be
interpreted 'in the spirit' these general terms and conditions.
Article 4 - The offer If an offer has a limited period of validity or is made subject to
conditions, this shall be expressly stated in the offer. The offer is
non-binding. The entrepreneur is entitled to change and adapt the offer. The offer contains a
complete and accurate description of the products and/or services offered. The description is
sufficiently detailed to enable a proper assessment of the offer by the consumer. If the
entrepreneur uses
images are a true representation of the products and/or services offered. Obvious mistakes or
obvious errors in the offer do not bind the entrepreneur. All images, specifications and data in
the offer are indicative and can not lead to compensation or dissolution of the agreement.
Images of products are a true representation of the products offered. Entrepreneur can not
guarantee that the displayed colors exactly match the real colors.
of the products. Each offer contains such information that it is clear to the consumer what the
rights and obligations are, which are attached to the acceptance of the offer.
This concerns in : the cost of shipment, if any; the manner in which the
agreement will be concluded and what actions are to do so; whether or not the right of
withdrawal applies; the method of payment, delivery and performance of the agreement; the
period for acceptance of the offer, or the period
within which the trader guarantees the price; the amount of the rate of distance
communication if the costs of using the technique for distance communication are
calculated on a basis other than the regular basic rate for the
means of communication; whether the agreement is archived after its conclusion, and if so in
what way it can be consulted by the consumer; the manner in which the consumer, before the
conclusion of the agreement, the
can check and, if desired, rectify data provided; any other languages in which, in addition to
English, the agreement may be concluded; codes of conduct
to which the trader has submitted and the manner in which the consumer can consult these
codes of conduct electronically; and the minimum duration of the
distance contract in the case of an endurance transaction. Optional: available sizes, colors,
type of materials.
Article 5 - The agreement The agreement is concluded, subject to the provisions of
paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of
the conditions thereby set. If the consumer has accepted the offer electronically, the trader
will immediately confirm receipt of acceptance of the offer electronically. As long as the
receipt of this
acceptance has not been confirmed by the entrepreneur, the consumer may terminate the
agreement
dissolve. If the agreement is established electronically, the entrepreneur will take appropriate
technical and organizational measures to protect the electronic transfer
of data and ensures a secure web environment. If the consumer can pay electronically, the
entrepreneur will observe appropriate security measures for this purpose. The
entrepreneur can - within legal frameworks - inform himself whether the consumer can his
payment obligations, as well as all those facts and factors that are important for a responsible
conclusion of the distance contract. If the entrepreneur, on the basis of this investigation has
good reasons not to enter into the agreement, he is entitled to refuse an order or application
or to suspend the implementation of the agreement, while stating reasons.
attach special conditions. The entrepreneur will include with the product or service to the
consumer the following information, in writing or in such a way that it can be used by the
consumer can be stored in an accessible manner on a durable
data carrier, enclose: a. the visiting address of the trader's office where the consumer can
lodge complaints; b. the conditions under which and the way in which the consumer can make
use of the right of withdrawal, or a clear notification
on being excluded from the right of withdrawal; c. the information on guarantees and existing
service; d. the in article 4 paragraph 3 of these conditions included
data, unless the entrepreneur has already provided these data to the consumer before the
execution of the ; e. the requirements for termination of the agreement if the agreement has a
duration of more than one year or is of indefinite duration. In case
of a duration transaction, the provision of the preceding paragraph applies only to the
first delivery. Each contract is entered into under the suspensive conditions of sufficient
availability of the relevant products.
Article 6 - Right of withdrawal When purchasing products, the consumer has the
possibility of dissolving the agreement without giving reasons for 30 days. This reflection
period starts on the day after receipt of the product by the consumer or a previously
designated by the consumer and made known to the entrepreneur
representative. During the reflection period, the consumer will handle the product and its
packaging with care. He will only unpack or use the product to the extent necessary to assess
whether he wishes to keep the product. If he
his right of withdrawal, he will return the product with all delivered accessories and - if
reasonably possible - in its original condition and packaging to the entrepreneur
return, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known
to the entrepreneur within 30 days, after receipt of the product. The
The consumer must do this by means of a written message/email. After the consumer has
made known that he wants to use his right of withdrawal, the customer must return the
product within 30 days. The consumer must prove that the
delivered items were returned in a timely manner, such as through proof of
dispatch. If after the expiration of the deadlines mentioned in paragraphs 2 and 3, the
customer does not express
has made use of his right of withdrawal or has not returned the product to the entrepreneur,
the purchase is a fact.
Article 7 - Costs in case of withdrawal If the consumer makes use of his
right of withdrawal, the costs of returning the products are at the expense of the consumer. If
the consumer has paid an amount, the entrepreneur will refund this amount as soon as
possible, but no later than 30 days after revocation. Hereby is
the condition that the product has already been received back by the merchant or conclusive
evidence of complete return can be provided.
Article 8 - Exclusion of right of withdrawal The entrepreneur may exclude the consumer's
right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the
right of withdrawal only applies if the entrepreneur has clearly stated this in the , at least in
time for the conclusion of the contract. Exclusion of the right of withdrawal is only possible
for products: a. that have been purchased by
the entrepreneur in accordance with the 's specifications; b. that clearly personal in nature; c.
that cannot be returned due to their nature;
d. that may spoil or age quickly; e.
whose price is subject to fluctuations in the financial market on which the
entrepreneur has no influence; f. for loose newspapers and magazines; g. for audio and video
recordings and computer software of which the consumer has broken the seal. h. for hygiene
products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services: a. concerning
accommodation, transportation, restaurant business or leisure activities to be performed on a
certain date or
during a specified period; b. whose delivery has begun with the consumer's express consent
before the cooling-off period has expired; c. concerning betting and lotteries.
Article 9 - The price During the validity period stated in the offer, the prices of the products
and/or services offered will not be increased, except for price changes as
due to changes in VAT rates. Contrary to previous paragraph, the entrepreneur may
offer products or services whose prices are subject to fluctuations in the financial market and
over which the entrepreneur has no control, with variable prices. This
bound to fluctuations and the fact that any prices quoted are target prices, shall be stated with
the offer. Price increases within 3 months after the establishment
of the agreement are permitted only if they result from legal
regulations or provisions. Price increases from 3 months after the conclusion of the
agreement are only allowed if the entrepreneur has stipulated this and: a. they are the result of
legal regulations or provisions; or b. the consumer has the authority to terminate the
agreement from the day on which the price increase takes effect. All prices are subject to
printing and typesetting errors. For the consequences of printing - and
typesetting errors, no liability is . In case of printing and typesetting errors, the entrepreneur
is not obliged to deliver the product according to the incorrect price.
Article 10 - Conformity and Guarantee
The entrepreneur guarantees that the products and/or
services comply with the agreement, the specifications listed in the offer, the
reasonable requirements of soundness and/or usability and the legal provisions existing on the
date of conclusion of the agreement and/or
government regulations. If agreed, the entrepreneur also guarantees that the product is
suitable for other than normal use. A by the entrepreneur, manufacturer
or importer provided warranty does not affect the legal rights and claims that the consumer
can assert against the entrepreneur under the agreement.
Any defective or incorrectly delivered products must be reported to the entrepreneur in
writing within 14 days of delivery. Return of the products must be
are in the original packaging and new condition. The entrepreneur's warranty period
corresponds to the manufacturer's warranty period. However, the entrepreneur is to
never responsible for the ultimate suitability of the products for any
individual application by the , nor for any advice regarding the use or application of the
products. The warranty does not apply if: The consumer uses the
repaired and/or modified the delivered products themselves or had them repaired and/or
modified by third parties; The delivered products have been exposed to abnormal conditions
or otherwise treated carelessly or contrary to the instructions of the
Entrepreneur and/or on the packaging have been handled; The defectiveness entirely or
partly the result of regulations imposed or to be imposed by the government on the nature or
quality of the materials used.
Article 11 - Delivery and execution The entrepreneur will take the greatest possible care
when receiving and executing orders for products.
Subject to what is stated in this regard in article 4 of these general conditions
mentioned, the company will execute accepted orders expeditiously but at the latest within 30
days, unless consumer has agreed to a longer delivery period.
If delivery is delayed, or if an order is not or only
can be partially , the consumer will receive notice of this no later than 30 days after
he placed the order message. In this case, the consumer has the right to change the
agreement without cost and entitled to any damages. In of dissolution in accordance with the
previous paragraph, the entrepreneur will pay the amount that the consumer
paid as soon as possible, but at the latest within 14 days after dissolution, refund. If delivery
of an ordered product proves , the
entrepreneur shall make every effort to provide a replacement article. At the latest upon
delivery, it will be reported in a clear and comprehensible manner that a replacement article
is being delivered. With replacement articles, the right of withdrawal cannot be excluded.
The costs of any return shipment shall be borne by the entrepreneur. The risk of damage and
/ or loss of products rests with the entrepreneur until the moment
of delivery to the consumer or a representative previously designated and made known to
the entrepreneur, unless expressly agreed otherwise.
Article 12 - Duration transactions: duration termination and renewal Termination, The
consumer may terminate a contract entered into for an indefinite period of time, the purpose
of which is to regularly
delivery of products ( electricity) or services, at any timesubject to agreed termination rules
and a notice period not exceeding one month. The consumer may contract for a definite
period
entered into and which extends to the regular delivery of products (including electricity) or
services, terminate at any time by the end of the specified duration with
observance of termination rules agreed upon for that purpose and a notice period not
exceeding one month. The consumer may terminate the agreements referred to in the
previous paragraphs: at any time and not be limited to termination at a specific time or in a
specific period; at least terminate them in the same way as they were entered into by him;
always cancel with the same notice period as the entrepreneur has stipulated for himself.
Renewal An agreement entered into for a definite period of time for the purpose of
regular delivery of products ( electricity) or services, may be tacitly extended or
renewed for a fixed . Notwithstanding the preceding paragraph, a fixed-term contract
that has been concluded for regular delivery of daily news and weekly newspapers and
magazines may be tacitly renewed for a fixed term not exceeding three months, if the
consumer has not been able to use this
extended agreement may terminate by the end the extension with a
notice of up to one month. A fixed-term contract that has been concluded for the regular
delivery of products or services may only be tacitly renewed for an indefinite period of time if
the consumer may terminate the contract at any time with a period of notice that does not
exceed one month and a period of notice that does not exceed three months in the event that
the contract is concluded for the regular, but less than once a month, delivery of daily, news
and weekly newspapers and magazines. A
agreement of limited duration for the regular supply of daily, news and weekly
newspapers and magazines by way of introduction (trial or introductory subscription)
is not tacitly continued and ends automatically after purchase of the trial or
introductory subscription.
introductory period. Duration If a contract has a duration of more than one year, after one
year the consumer may terminate the contract at any time with a notice period of at least
maximum one month, unless reasonableness and fairness oppose termination before the end
of the agreed term.
Article 13 - Payment Unless otherwise agreed, the payments made by the
consumer to be paid within 7 working days after the start of the reflection period referred to in
Article 6 paragraph 1. In case of an agreement to the
provide a service, this period commences after the consumer has confirmation of the
agreement. The consumer has the duty to immediately report inaccuracies in payment data
provided or mentioned to the entrepreneur. In case of
default by the consumer, the entrepreneur has , subject to legal restrictions, to charge
reasonable costs made known to the consumer in advance
bring.
Article 14 - Complaints Procedure Complaints about the implementation of the agreement
must be submitted to the entrepreneur within 7 days fully and clearly described, after the
consumer has found the defects. Complaints submitted to the entrepreneur
shall be submitted within a period 30 days from the date of receipt
answered. If a complaint requires a foreseeably longer processing time, the entrepreneur will
respond within the 30-day period with a notice of receipt and an indication of when the
consumer can a more detailed answer. If the complaint cannot be resolved by mutual
agreement, a dispute arises that is subject to the dispute settlement procedure. A complaint
does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates
otherwise in writing. If a complaint is found to be well-founded by the entrepreneur, the
entrepreneur will, at his discretion, or the delivered products free of charge
replace or repair.
Article 15 - Disputes Contracts between the entrepreneur and the consumer to which these
general conditions relate are exclusively governed by United Kingdom law.
application. Even if the is resident abroad.