terms and service
Terms and service
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
Withdrawal Period: The period within which the consumer can exercise their right of withdrawal;
Consumer: The natural person who is not acting in the pursuit of a profession or business and who enters into a distance contract with the entrepreneur;
Day: Calendar day;
Duration Transaction: A distance contract relating to a series of products and/or services whose delivery and/or purchase obligation is spread over time;
Durable Medium: Any means that enables the consumer or entrepreneur to store information directed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
Right of Withdrawal: The consumer's option to withdraw from the distance contract within the withdrawal period;
Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance;
Distance Contract: An agreement where, 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, exclusively one or more techniques for distance communication are used;
Technology for Distance Communication: Means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time.
General Terms and Conditions: The present general terms and conditions of the entrepreneur.
Article 2 - Entrepreneur's Identity
Company Name: Jeetun, Bryan
Chamber of Commerce Number: 0800269794
Trade Name: Elle Melbourne
VAT Number: BE0800269794
Customer Service Email: info@elle-melbourne.com
Business Address: Frans Jozef De Gronckelstraat 2, 1750 Lennik, Belgium
Article 3 - Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order established between entrepreneur and consumer.
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 before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
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 in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to them.
If one or more provisions in these general conditions are at any time wholly or partially invalid or voided, the agreement and these conditions will remain in force for the rest, and the provision in question will be immediately replaced by mutual agreement with a provision that approaches the original purpose as much as possible.
Situations not covered by these general terms and conditions must be assessed "in the spirit" of these general terms and conditions.
Unclear points regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted "in the spirit" of these general terms and conditions.
Article 4 - The Offer
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur has the right to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these 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 cannot give rise to compensation or termination of the agreement.
Images accompanying products are a true representation of the products offered. The operator cannot 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 rights and obligations are attached to accepting the offer. This concerns in particular:
the price, excluding customs duties and import VAT. These additional costs are at the customer's expense and risk. The postal and/or courier service will apply the special arrangement for postal and courier services regarding import. This arrangement applies if the goods are imported into the destination country in the EU, which is the case in this instance. The postal and/or courier service collects the VAT (whether or not collected together with customs duties) from the recipient of the goods;
any shipping costs;
the manner in which the agreement will be concluded and what actions are necessary to do so;
whether or not the right of withdrawal applies;
the method of payment, delivery, and performance of the agreement;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the rate 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 means of communication used;
whether the agreement is archived after its conclusion, and if so how the consumer can access it;
the way in which the consumer, before concluding the contract, can verify and if desired correct the information provided under the contract;
any languages other than Dutch in which the contract can be concluded;
the codes of conduct to which the entrepreneur has subscribed and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a duration transaction.
Optional: available sizes, colors, material types.
Article 5 - The Agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the moment when the consumer accepts the offer and meets the conditions stated therein.
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.
If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can - within legal frameworks - inform themselves about whether the consumer can meet their payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the distance agreement. If the entrepreneur based on this investigation has good reasons not to enter into the agreement, they are entitled to refuse an order or application or to attach special conditions to the implementation while giving reasons.
The entrepreneur will include the following information with the product or service for 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 entrepreneur's business establishment where the consumer can go with complaints;
the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about guarantees and existing after-sales service;
the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data 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.
In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
Each agreement is entered into under the condition that there is sufficient availability of the relevant products.
Article 6 - Right of Withdrawal
When purchasing products, the consumer has the possibility to dissolve the agreement without giving reasons within 14 days. This withdrawal period starts the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
During the reflection period, the consumer shall handle the product and its packaging with care. The consumer should only unpack or use the product to the extent necessary to assess whether the consumer wishes to keep the product. If the consumer exercises their right of withdrawal, the consumer shall return the product to the entrepreneur with all supplied accessories and - if reasonably possible - in the original condition and packaging in accordance with reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to make use of their right of withdrawal, the consumer is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of a written notice/email. After the consumer has made known that they wish to make use of their right of withdrawal, the consumer must return the product to its place of origin within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.
If the consumer has not expressed their wish to make use of 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.
Article 7 - Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products shall be borne by the consumer.
If the consumer has paid an amount, the entrepreneur shall 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 submitted.
Article 8 - Exclusion of Right of Withdrawal
The entrepreneur can 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 offer, at least in good time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
created by the entrepreneur in accordance with the consumer's specifications;
that are clearly of a personal nature;
that by their nature cannot be returned;
that can spoil or age quickly;
whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software whose seal has been broken by the consumer.
for hygienic products whose seal has been broken by the consumer.
Exclusion of the right of withdrawal is only possible for services:
concerning accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period;
whose delivery has begun with the consumer's express consent before the withdrawal period has expired;
concerning betting and lotteries.
Article 9 - The Price
During the period of validity mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market that are beyond the entrepreneur's control, with variable prices. This connection to fluctuations and the fact that any prices quoted are target prices must be stated with the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they result from legal provisions or regulations.
Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
they result from legal provisions or regulations, or
the consumer has the possibility to terminate the agreement from the day the price increase takes effect.
According to Section 5, paragraph 1 of the 1968 Turnover Tax Act, the place of delivery is the country where transport begins. In this case, delivery takes place outside the EU. Subsequently, the postal or courier service will collect import VAT or customs duties from the customer. Therefore, no VAT will be charged by the entrepreneur.
All prices are subject to printing and pricing errors. No liability is accepted for the consequences of printing and pricing errors. In case of printing and typing errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10 - Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
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 based on the agreement.
Any defective or wrongly delivered products must be reported in writing to the entrepreneur within 14 days after delivery. The products must be returned in their original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's 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.
The warranty does not apply if:
The consumer has 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 handled carelessly or contrary to the entrepreneur's instructions and/or treated on the packaging;
The defectiveness is wholly or partially the result of regulations that are or will be imposed by the government regarding the nature or quality of the materials used.
Article 11 - Delivery and Execution
The entrepreneur will ensure the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with appropriate speed but at the latest within 30 days unless the consumer has agreed to a longer delivery period. If 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 placing the order. In that case, the consumer has the right to dissolve the agreement without costs and the right to any compensation.
In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as quickly as possible but no later than within 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement item is being delivered. With replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the time of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless explicitly agreed otherwise.
Article 12 - Duration Transactions: Duration, Termination, and Renewal
Termination
The consumer can terminate a contract for an indefinite period that was concluded for the regular delivery of products or services at any time, subject to agreed termination rules and a notice period of no more than one month.
The consumer can terminate a fixed-term contract that was concluded for the regular delivery of products or services at any time toward the end of the fixed period, subject to agreed termination rules and a notice period of no more than one month.
The consumer can change the agreements mentioned in the previous paragraphs:
terminate 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 the consumer;
always terminate with the same notice period that the entrepreneur has set for themselves.
Extension
An agreement entered into for a definite period, and which extends to the regular delivery of products or services, may not be tacitly extended or renewed for a definite period.
Notwithstanding the previous paragraph, a fixed-term agreement that was concluded for the regular delivery of daily or weekly newspapers can be tacitly extended for a fixed period of a maximum of three months if the consumer can terminate this extended agreement at the end of the extension period with a notice period of no more than one month.
A fixed-term agreement that was concluded for the regular delivery of goods or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period that does not exceed one month and a notice period that does not exceed three months if the agreement extends to the regular, but less than once per month, delivery of daily, news and weekly newspapers.
A fixed-term agreement for the regular delivery of daily or weekly newspapers by way of introduction (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or 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 no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must 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 provide a service, this period starts after the consumer has received confirmation of the agreement.
The consumer has the duty to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
In case of non-payment by the consumer, subject to legal restrictions, the entrepreneur has the right to charge the reasonable costs made known to the consumer in advance.
Article 14 - Complaint Procedure
Complaints about the fulfillment of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has identified the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a predictably longer processing time, the entrepreneur will
In these terms and conditions, the following definitions apply:
Withdrawal Period: The period within which the consumer can exercise their right of withdrawal;
Consumer: The natural person who is not acting in the pursuit of a profession or business and who enters into a distance contract with the entrepreneur;
Day: Calendar day;
Duration Transaction: A distance contract relating to a series of products and/or services whose delivery and/or purchase obligation is spread over time;
Durable Medium: Any means that enables the consumer or entrepreneur to store information directed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
Right of Withdrawal: The consumer's option to withdraw from the distance contract within the withdrawal period;
Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance;
Distance Contract: An agreement where, 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, exclusively one or more techniques for distance communication are used;
Technology for Distance Communication: Means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time.
General Terms and Conditions: The present general terms and conditions of the entrepreneur.
Article 2 - Entrepreneur's Identity
Company Name: Jeetun, Bryan
Chamber of Commerce Number: 0800269794
Trade Name: Elle Melbourne
VAT Number: BE0800269794
Customer Service Email: info@elle-melbourne.com
Business Address: Frans Jozef De Gronckelstraat 2, 1750 Lennik, Belgium
Article 3 - Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order established between entrepreneur and consumer.
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 before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
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 in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to them.
If one or more provisions in these general conditions are at any time wholly or partially invalid or voided, the agreement and these conditions will remain in force for the rest, and the provision in question will be immediately replaced by mutual agreement with a provision that approaches the original purpose as much as possible.
Situations not covered by these general terms and conditions must be assessed "in the spirit" of these general terms and conditions.
Unclear points regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted "in the spirit" of these general terms and conditions.
Article 4 - The Offer
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur has the right to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these 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 cannot give rise to compensation or termination of the agreement.
Images accompanying products are a true representation of the products offered. The operator cannot 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 rights and obligations are attached to accepting the offer. This concerns in particular:
the price, excluding customs duties and import VAT. These additional costs are at the customer's expense and risk. The postal and/or courier service will apply the special arrangement for postal and courier services regarding import. This arrangement applies if the goods are imported into the destination country in the EU, which is the case in this instance. The postal and/or courier service collects the VAT (whether or not collected together with customs duties) from the recipient of the goods;
any shipping costs;
the manner in which the agreement will be concluded and what actions are necessary to do so;
whether or not the right of withdrawal applies;
the method of payment, delivery, and performance of the agreement;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the rate 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 means of communication used;
whether the agreement is archived after its conclusion, and if so how the consumer can access it;
the way in which the consumer, before concluding the contract, can verify and if desired correct the information provided under the contract;
any languages other than Dutch in which the contract can be concluded;
the codes of conduct to which the entrepreneur has subscribed and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a duration transaction.
Optional: available sizes, colors, material types.
Article 5 - The Agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the moment when the consumer accepts the offer and meets the conditions stated therein.
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.
If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can - within legal frameworks - inform themselves about whether the consumer can meet their payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the distance agreement. If the entrepreneur based on this investigation has good reasons not to enter into the agreement, they are entitled to refuse an order or application or to attach special conditions to the implementation while giving reasons.
The entrepreneur will include the following information with the product or service for 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 entrepreneur's business establishment where the consumer can go with complaints;
the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about guarantees and existing after-sales service;
the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data 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.
In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
Each agreement is entered into under the condition that there is sufficient availability of the relevant products.
Article 6 - Right of Withdrawal
When purchasing products, the consumer has the possibility to dissolve the agreement without giving reasons within 14 days. This withdrawal period starts the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
During the reflection period, the consumer shall handle the product and its packaging with care. The consumer should only unpack or use the product to the extent necessary to assess whether the consumer wishes to keep the product. If the consumer exercises their right of withdrawal, the consumer shall return the product to the entrepreneur with all supplied accessories and - if reasonably possible - in the original condition and packaging in accordance with reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to make use of their right of withdrawal, the consumer is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of a written notice/email. After the consumer has made known that they wish to make use of their right of withdrawal, the consumer must return the product to its place of origin within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.
If the consumer has not expressed their wish to make use of 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.
Article 7 - Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products shall be borne by the consumer.
If the consumer has paid an amount, the entrepreneur shall 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 submitted.
Article 8 - Exclusion of Right of Withdrawal
The entrepreneur can 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 offer, at least in good time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
created by the entrepreneur in accordance with the consumer's specifications;
that are clearly of a personal nature;
that by their nature cannot be returned;
that can spoil or age quickly;
whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software whose seal has been broken by the consumer.
for hygienic products whose seal has been broken by the consumer.
Exclusion of the right of withdrawal is only possible for services:
concerning accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period;
whose delivery has begun with the consumer's express consent before the withdrawal period has expired;
concerning betting and lotteries.
Article 9 - The Price
During the period of validity mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market that are beyond the entrepreneur's control, with variable prices. This connection to fluctuations and the fact that any prices quoted are target prices must be stated with the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they result from legal provisions or regulations.
Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
they result from legal provisions or regulations, or
the consumer has the possibility to terminate the agreement from the day the price increase takes effect.
According to Section 5, paragraph 1 of the 1968 Turnover Tax Act, the place of delivery is the country where transport begins. In this case, delivery takes place outside the EU. Subsequently, the postal or courier service will collect import VAT or customs duties from the customer. Therefore, no VAT will be charged by the entrepreneur.
All prices are subject to printing and pricing errors. No liability is accepted for the consequences of printing and pricing errors. In case of printing and typing errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10 - Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
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 based on the agreement.
Any defective or wrongly delivered products must be reported in writing to the entrepreneur within 14 days after delivery. The products must be returned in their original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's 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.
The warranty does not apply if:
The consumer has 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 handled carelessly or contrary to the entrepreneur's instructions and/or treated on the packaging;
The defectiveness is wholly or partially the result of regulations that are or will be imposed by the government regarding the nature or quality of the materials used.
Article 11 - Delivery and Execution
The entrepreneur will ensure the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with appropriate speed but at the latest within 30 days unless the consumer has agreed to a longer delivery period. If 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 placing the order. In that case, the consumer has the right to dissolve the agreement without costs and the right to any compensation.
In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as quickly as possible but no later than within 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement item is being delivered. With replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the time of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless explicitly agreed otherwise.
Article 12 - Duration Transactions: Duration, Termination, and Renewal
Termination
The consumer can terminate a contract for an indefinite period that was concluded for the regular delivery of products or services at any time, subject to agreed termination rules and a notice period of no more than one month.
The consumer can terminate a fixed-term contract that was concluded for the regular delivery of products or services at any time toward the end of the fixed period, subject to agreed termination rules and a notice period of no more than one month.
The consumer can change the agreements mentioned in the previous paragraphs:
terminate 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 the consumer;
always terminate with the same notice period that the entrepreneur has set for themselves.
Extension
An agreement entered into for a definite period, and which extends to the regular delivery of products or services, may not be tacitly extended or renewed for a definite period.
Notwithstanding the previous paragraph, a fixed-term agreement that was concluded for the regular delivery of daily or weekly newspapers can be tacitly extended for a fixed period of a maximum of three months if the consumer can terminate this extended agreement at the end of the extension period with a notice period of no more than one month.
A fixed-term agreement that was concluded for the regular delivery of goods or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period that does not exceed one month and a notice period that does not exceed three months if the agreement extends to the regular, but less than once per month, delivery of daily, news and weekly newspapers.
A fixed-term agreement for the regular delivery of daily or weekly newspapers by way of introduction (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or 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 no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must 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 provide a service, this period starts after the consumer has received confirmation of the agreement.
The consumer has the duty to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
In case of non-payment by the consumer, subject to legal restrictions, the entrepreneur has the right to charge the reasonable costs made known to the consumer in advance.
Article 14 - Complaint Procedure
Complaints about the fulfillment of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has identified the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a predictably longer processing time, the entrepreneur will
respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that can be resolved through dispute resolution.
A complaint does not suspend the operator's obligations unless the operator indicates otherwise in writing.
If the operator finds a complaint justified, the operator will at their discretion either replace or repair the delivered products free of charge.
Article 15 - Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively subject to Dutch law, even if the consumer resides abroad.
Article 16 - CESOP
Due to the measures introduced and tightened from 2024 regarding the 'Amendment of the Turnover Tax Act 1968 (Implementation Act Payment Service Provider Directive)' and thus the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers can record data in the European CESOP system.