Terms and conditions
Table of Contents
Article 1 Definitions
Article 2 Identity of the Entrepreneur
Article 3 Applicability
Article 4 The Offer
Article 5 The Agreement
Article 6 Right of Withdrawal
Article 7 Costs in Case of Withdrawal
Article 8 Exclusion of the Right of Withdrawal
Article 9 The Price
Article 10 Conformity and Warranty
Article 11 Delivery and Execution
Article 12 Duration Transactions Duration Termination and Extension
Article 13 Payment
Article 14 Complaint Procedure
Article 15 Disputes
Article 16 Additional or Deviating Provisions
Article 1 Definitions
In these terms and conditions the following definitions apply
Coolingoff Period The period within which the consumer can exercise their right of withdrawal
Consumer The natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur
Day Calendar day
Duration Transaction A distance contract relating to a series of products andor services with the delivery andor purchase obligation spread over time
Durable Data Carrier Any means that allows the consumer or entrepreneur to store information addressed to them personally in a way that enables future consultation and unaltered reproduction of the stored information
Right of Withdrawal The possibility for the consumer to renounce the distance contract within the coolingoff period
Model Form The model form for withdrawal provided by the entrepreneur that a consumer can fill out when they want to use their right of withdrawal
Entrepreneur The natural or legal person who offers products andor services to consumers at a distance
Distance Contract A contract whereby within the framework of a system organized by the entrepreneur for the distance sale of products andor services up to and including the conclusion of the contract exclusive use is made of one or more techniques for distance communication
Technique for Distance Communication Means that can be used to conclude a contract without the consumer and entrepreneur being in the same room at the same time
General Terms and Conditions The present General Terms and Conditions of the entrepreneur
Article 2 Identity of the Entrepreneur
Camilya Sido
+49 155 10431200
Article 3 Applicability
1 These general terms and conditions apply to every offer from the entrepreneur and to any distance contract and orders between entrepreneur and consumer
2 Before the distance contract is concluded the text of these general terms and conditions will be made available to the consumer If this is not reasonably possible it will be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur and will be sent free of charge as soon as possible at the consumers request
3 If the distance contract is concluded electronically the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier before the distance contract is concluded If this is not reasonably possible it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge at the consumers request electronically or otherwise
4 In the event that specific product or service conditions apply in addition to these general terms and conditions the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to them in the event of conflicting terms and conditions
5 If one or more provisions in these general terms and conditions at any time are wholly or partially null and void or are annulled the agreement and these terms and conditions will otherwise remain in force and the relevant provision will be replaced in mutual consultation without delay by a provision that approximates the purpose of the original as closely as possible
6 Situations not regulated in these general terms and conditions should be assessed in the spirit of these general terms and conditions
7 Ambiguities about the interpretation or content of one or more provisions of our terms and conditions should be explained in the spirit of these general terms and conditions
Article 4 The Offer
1 If an offer has a limited period of validity or is subject to conditions this will be explicitly stated in the offer
2 The offer is without obligation The entrepreneur is entitled to change and adapt the offer
3 The offer contains a complete and accurate description of the offered products andor services The description is sufficiently detailed to allow a proper assessment of the offer by the consumer If the entrepreneur uses images these are a true representation of the offered products andor services Apparent mistakes or errors in the offer do not bind the entrepreneur
4 All images specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement
5 Images of products are a true representation of the offered products The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products
6 Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer This concerns in particular
The price including taxes
Any possible costs of delivery
The manner in which the agreement will be concluded and what actions are required for this
Whether or not the right of withdrawal applies
The method of payment delivery and execution of the agreement
The period for acceptance of the offer or the period within which the entrepreneur guarantees the price
The level of the tariff for 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 used 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 way in which the consumer before concluding the agreement can check and if desired restore the data provided by them under the agreement
Any other languages in which besides Dutch the agreement can be concluded
The codes of conduct to which the entrepreneur has subjected themselves and the way in which the consumer can consult these codes of conduct electronically and
The minimum duration of the distance contract in the event of a duration transaction
Article 5 The Agreement
1 The agreement subject to the provisions of paragraph 4 is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions
2 If the consumer has accepted the offer electronically the entrepreneur 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 can dissolve the agreement
3 If the agreement is concluded electronically the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment If the consumer can pay electronically the entrepreneur will take appropriate security measures
4 The entrepreneur can within legal frameworks inform whether the consumer can meet their payment obligations as well as all those facts and factors that are important for a responsible conclusion of the distance contract If the entrepreneur has good reasons not to enter into the agreement based on this investigation they are entitled to refuse an order or request with reasons or to attach special conditions to the execution
5 The entrepreneur will send the following information along with the product or service to the consumer in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier
The visiting address of the establishment of the entrepreneur where the consumer can go with complaints
The conditions under which and the manner in which the consumer can exercise the right of withdrawal or a clear statement regarding the exclusion of the right of withdrawal
The information about guarantees and existing aftersales service
The data included in article 4 paragraph 3 of these conditions unless the entrepreneur has already provided these data to the consumer before the execution of the agreement
The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration
6 In the case of a duration transaction the provision in the previous paragraph applies only to the first delivery
7 Each agreement is entered into under the suspensive conditions of sufficient availability of the respective products
Article 6 Right of Withdrawal
Upon delivery of products
1 When purchasing products the consumer has the option to dissolve the agreement without giving reasons for a period of 14 days This coolingoff period starts the day after the product is received by the consumer or a predesignated representative announced to the entrepreneur
2 During the coolingoff period the consumer will handle the product and packaging with care They will only unpack or use the product to the extent necessary to determine whether they wish to keep the product If they exercise their right of withdrawal they will return the product with all delivered accessories and if reasonably possible in the original condition and packaging to the entrepreneur in accordance with the provided reasonable and clear instructions from the entrepreneur
3 If the consumer wishes to use their right of withdrawal they are obliged to notify the entrepreneur within 14 days after receipt of the product The consumer must make this known through the model form After the consumer has indicated that they wish to use their right of withdrawal they must return the product within 14
days The consumer must prove that the delivered goods have been returned on time for example through proof of shipment
4 If the customer has not indicated that they wish to use their right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3 the purchase is a fact
Upon delivery of services
1 When providing services the consumer has the option to dissolve the agreement without giving reasons for at least 14 days starting from the day of entering into the agreement
2 To exercise their right of withdrawal the consumer will follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer andor at the latest upon delivery
Article 7 Costs in Case of Withdrawal
1 If the consumer exercises their right of withdrawal they will bear no more than the costs of return shipment
2 If the consumer has paid an amount the entrepreneur will refund this amount as soon as possible but no later than 14 days after the withdrawal This is subject to the condition that the product has already been received back by the entrepreneur or conclusive proof of complete return can be provided Refunds will be made using the same payment method used by the consumer unless the consumer expressly agrees to a different payment method
3 In the event of damage to the product due to careless handling by the consumer the consumer is liable for any depreciation in the product
4 The consumer cannot be held liable for any depreciation in the product if the entrepreneur has not provided all legally required information about the right of withdrawal this should be done before concluding the purchase agreement
Article 8 Exclusion of the Right of Withdrawal
1 The entrepreneur can exclude the consumers 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 offer or at least in time for the conclusion of the agreement
2 Exclusion of the right of withdrawal is only possible for products
Which have been created by the entrepreneur according to the consumers specifications
That are clearly personal in nature
Which by their nature cannot be returned
That can spoil or age quickly
Whose price is subject to fluctuations in the financial market that the entrepreneur has no influence over
For individual newspapers and magazines
For audio and video recordings and computer software of which the consumer has broken the seal
For hygienic products where the consumer has broken the seal
3 Exclusion of the right of withdrawal is only possible for services
Regarding accommodation transport restaurant business or leisure activities to be performed on a specific date or during a specific period
Whose delivery has begun with the consumers explicit consent before the coolingoff period has expired
Regarding betting and lotteries
Article 9 The Price
1 During the validity period stated in the offer the prices of the offered products andor services will not be increased except for price changes due to changes in VAT rates
2 Notwithstanding the previous paragraph the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market that the entrepreneur has no influence over at variable prices This link to fluctuations and the fact that any stated prices are target prices will be stated in the offer
3 Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions
4 Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and
They are the result of statutory regulations or provisions or
The consumer has the authority to terminate the agreement on the day on which the price increase takes effect
5 The prices mentioned in the offer of products or services include VAT
6 All prices are subject to printing and typing errors No liability is accepted for the consequences of printing and typing errors In the event of printing and typing errors the entrepreneur is not obliged to deliver the product at the incorrect price
Article 10 Conformity and Warranty
1 The entrepreneur ensures that the products andor services comply with the agreement the specifications stated in the offer the reasonable requirements of reliability andor usability and the legal provisions andor government regulations existing on the date of the conclusion of the agreement If agreed the entrepreneur also ensures that the product is suitable for other than normal use
2 A warranty provided by the entrepreneur manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement
3 Any defects or incorrectly delivered products should be reported to the entrepreneur in writing within 2 months after delivery Products must be returned in the original packaging and in new condition
4 The entrepreneurs warranty period corresponds to the manufacturers warranty period However the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer nor for any advice regarding the use or application of the products
5 The warranty does not apply if
The consumer has repaired andor modified the delivered products themselves or has had them repaired andor modified by third parties
The delivered products have been exposed to abnormal conditions or otherwise carelessly handled or have been handled contrary to the instructions of the entrepreneur andor have been handled on the packaging
The inadequacy is wholly or partly the result of regulations that the government has made or will make regarding the nature or quality of the materials used
Article 11 Delivery and Execution
1 The entrepreneur will take the greatest possible care in receiving and executing orders of products and in assessing applications for the provision of services
2 The place of delivery is the address that the consumer has made known to the company
3 With due observance of the provisions in paragraph 4 of this article the company will execute accepted orders with due speed but no later than within 30 days unless a different delivery period has been agreed upon If the delivery is delayed or if an order cannot be executed or can only be executed partially the consumer will be informed about this no later than 30 days after the order was placed In that case the consumer has the right to dissolve the agreement without costs The consumer is not entitled to compensation
4 All delivery periods are indicative The consumer cannot derive any rights from any mentioned periods Exceeding a period does not entitle the consumer to compensation
5 In case of dissolution in accordance with paragraph 3 of this article the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 14 days after dissolution
6 If delivery of an ordered product proves to be impossible the entrepreneur will make an effort to provide a replacement item At the latest upon delivery it will be clearly and comprehensively reported that a replacement item is being delivered For replacement items the right of withdrawal cannot be excluded The costs of any return shipment will be borne by the entrepreneur
7 The risk of damage andor loss of products rests with the entrepreneur until the moment of delivery to the consumer or a predesignated representative announced to the entrepreneur unless expressly agreed otherwise
Article 12 Duration Transactions Duration Termination and Extension Termination
1 The consumer can terminate an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products including electricity or services at any time with due observance of the agreed termination rules and a notice period of no more than one month
2 The consumer can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products including electricity or services at any time towards the end of the definite period with due observance of the agreed termination rules and a notice period of no more than one month
3 The consumer can conclude the agreements mentioned in the previous paragraphs
Terminate at any time and not be limited to termination at a specific time or period
At least terminate in the same way as they have been entered into by the consumer
Always terminate with the same notice period as the entrepreneur has stipulated for themselves
Extension
4 An agreement entered into for a definite period and which extends to the regular delivery of products including electricity or services may not be tacitly extended or renewed for a definite period
5 Notwithstanding the previous paragraph an agreement that has been entered into for a definite period and which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of three months if the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month
6 An agreement that has been entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the event that the agreement extends to the regular but less than once a month delivery of daily news and weekly newspapers and magazines
7 An agreement with a limited duration for the regular introduction of daily news and weekly newspapers and magazines trial or introductory subscription is not tacitly continued and ends automatically after the trial or introductory period
Duration
8 If an agreement has a duration of more than one year the consumer may terminate the agreement at any time after one year with a notice period of no more than one month unless reasonableness and fairness oppose termination before the end of the agreed duration
Article 13 Payment
1 Unless otherwise agreed the amounts owed by the consumer must be paid within 7 working days after the coolingoff
period referred to in Article 61 In the case of an agreement to provide a service this period starts after the consumer has received the confirmation of the agreement
2 The consumer has the duty to immediately report inaccuracies in payment details provided or stated to the entrepreneur
3 In case of nonpayment by the consumer the entrepreneur has the right subject to legal restrictions to charge the reasonable costs made known to the consumer beforehand
Article 14 Complaints Procedure
1 The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure
2 Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects
3 Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt If a complaint requires a foreseeable longer processing time the entrepreneur will respond within 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer
4 If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after the submission of the complaint a dispute arises that is subject to the dispute settlement procedure
5 In case of complaints a consumer should first turn to the entrepreneur In case of complaints that cannot be resolved by mutual agreement the consumer should turn to Stichting WebwinkelKeur wwwwebwinkelkeurnl which will mediate for free Should there not be a solution the consumer has the option to have their complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur whose decision is binding and both the entrepreneur and the consumer agree with this binding decision Submitting a dispute to this dispute committee involves costs that the consumer must pay to the relevant committee It is also possible to register complaints via the European ODR platform httpeceuropaeuodr
6 A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing
7 If a complaint is found to be justified by the entrepreneur the entrepreneur will at its discretion replace or repair the delivered products free of charge
Article 15 Disputes
1 Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law even if the consumer resides abroad
2 The Vienna Sales Convention does not apply
Article 16 Additional or Different Provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier
