General terms and conditions

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Table of contents:

Article 1 - Definitions

In these terms and conditions, the following is understood:

1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur;

2. Cooling-off period: the period within which the consumer can exercise his right of withdrawal;

3. Consumer: the natural person who does not act for purposes related to his trade, business, craft or profession;

4. Day: calendar day;

5. Digital content: data produced and supplied in digital form;

6. Duration agreement: an agreement aimed at the regular supply of goods, services and/or digital content for a certain period;

7. Durable data carrier: any tool - including email - that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation or use for a period aligned with the purpose for which the information is intended, and that allows unchanged reproduction of the stored information;

8. Right of withdrawal: the consumer's option to withdraw from the distance contract within the reflection period;

9. Entrepreneur: the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content and/or services remotely to consumers;

10. Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the contract, one or more techniques for distance communication are used exclusively or jointly;

11. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I does not need to be provided if the consumer has no right of withdrawal regarding his order;

12. Technique for distance communication: means that can be used to conclude a contract without the consumer and entrepreneur having to be present in the same space at the same time.

Article 2 - Identity of the entrepreneur

Name of entrepreneur: AsTools

Operating under the name(s): AsTools

Registered address: J.M. Den Uylstraat 27, 1067 VZ Amsterdam, Netherlands

Phone number: +31 613150303

E-mailadres: info@astools.nl

KvK-nummer: 91537274

Btw-nummer: NL865687729B01

Article 3 - Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be inspected at the entrepreneur and that they will be sent free of charge to the consumer as soon as possible upon request.

3. If the distance contract is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store it 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 accessed electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.

4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, paragraphs two and three apply accordingly, and the consumer may always invoke the applicable provision that is most favorable to them in case of conflicting conditions.

Article 4 - The offer

1. If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.

2. The offer contains a complete and accurate description of the offered products, digital content, and/or services. 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 truthful representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.

3. Each offer contains such information that it is clear to the consumer what rights and obligations are connected to the acceptance of the offer.

Article 5 - The agreement

1. The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions attached thereto.

2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.

3. If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

4. The entrepreneur may, within legal frameworks, ascertain whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur has good reasons based on this investigation not to enter into the contract, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.

6. In the case of a continuous transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal

For products:

1. The consumer can cancel an agreement regarding the purchase of a product within a reflection period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige them to provide their reason(s).

For services and digital content not supplied on a tangible medium:

3. The consumer can cancel a service agreement and an agreement for the supply of digital content not supplied on a tangible medium within at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige them to provide their reason(s).

4. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the contract.

Extended reflection period for products, services, and digital content not supplied on a tangible medium if the right of withdrawal is not informed:

5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original reflection period established in accordance with the previous paragraphs of this article.

6. If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.

Article 7 - Obligations of the consumer during the reflection period

1. During the reflection 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 the nature, characteristics, and functioning of the product. The principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a store.

2. The consumer is only liable for depreciation of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.

3. The consumer is not liable for any depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before or at the conclusion of the contract.

Article 8 - Exercise of the right of withdrawal by the consumer and its costs

1. If the consumer exercises their right of withdrawal, they notify the entrepreneur within the reflection period by means of the model withdrawal form or in another unambiguous manner.

2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer has observed the return period in any case if they return the product before the reflection period has expired.

3. The consumer returns the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

5. The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that they will bear the costs themselves, the consumer does not have to bear the return shipping costs.

6. If the consumer withdraws after expressly requesting that the performance of the service or the delivery of gas, water, or electricity, which have not been made ready for sale in a limited volume or quantity, begins during the reflection period, the consumer owes the entrepreneur an amount proportional to that part of the obligation fulfilled by the entrepreneur at the time of withdrawal, compared to the full performance of the obligation.

a. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement upon withdrawal, or the model withdrawal form; or
b. the consumer has not expressly requested the start of the execution of the service or delivery of gas, water, electricity, or district heating during the reflection period.

a. he has not expressly agreed prior to delivery to the commencement of the performance of the contract before the end of the reflection period;
b. he has not acknowledged losing his right of withdrawal upon giving his consent; or
c. the entrepreneur has failed to confirm this statement from the consumer.

9. If the consumer exercises his right of withdrawal, all additional agreements are automatically dissolved.

Article 9 - Obligations of the entrepreneur upon withdrawal

1. If the entrepreneur enables the consumer to notify withdrawal electronically, he shall immediately send a confirmation of receipt after receiving this notification.

2. The entrepreneur reimburses all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to refund until he has received the product or the consumer has demonstrated that he has sent the product back, whichever occurs first.

3. The entrepreneur uses the same payment method for the refund that the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.

4. If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not required to refund the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this at the offer, at least in time before concluding the contract:

1. Products or services whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period

2. Contracts concluded during a public auction. A public auction is understood to be a sales method whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;

a. the execution has started with the explicit prior consent of the consumer; and
b. the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully performed the contract;

4. Package travel as referred to in Article 7:500 BW and contracts for passenger transport; 

5. Service contracts for the provision of accommodation, if a specific date or period of performance is provided for in the contract and other than for residential purposes, goods transport, car rental services and catering;

6. Contracts relating to leisure activities, if a specific date or period of performance is provided for in the contract;

7. Products made to the consumer's specifications, which are not prefabricated and are made based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;

8. Products that spoil quickly or have a limited shelf life;

9. Sealed products which are not suitable for return for reasons of health protection or hygiene and where the seal has been broken after delivery;

10. Products that are irrevocably mixed with other products after delivery due to their nature;

11. Alcoholic beverages whose price was agreed upon when concluding the contract, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;

12. Sealed audio, video recordings and computer software, where the seal has been broken after delivery;

13. Newspapers, magazines or periodicals, except for subscriptions thereto;

Article 11 - The price

1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

2. Contrary to the previous paragraph, the entrepreneur can offer products or services with variable prices whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no influence. This tie to fluctuations and the fact that any stated prices are indicative prices are mentioned in the offer.

3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

a. these are the result of statutory regulations or provisions; or
b. the consumer has the authority to terminate the agreement from the day the price increase takes effect.

5. The prices stated in the offer of products or services include VAT.

Article 12 - Performance of the agreement and additional warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of durability and/or usability, and the legal provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

2. An additional warranty provided by the entrepreneur, its supplier, manufacturer, or importer never limits the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill his part of the agreement.

3. Additional warranty means any commitment by the entrepreneur, its supplier, importer, or producer in which certain rights or claims are granted to the consumer that go beyond what is legally required in case the entrepreneur has failed to fulfill his part of the agreement.

Article 13 - Delivery and execution

1. The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.

2. The place of delivery shall be the address that the consumer has communicated to the entrepreneur.

3. Subject to the provisions of Article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders with due speed but no later than within 30 days, unless another delivery period has been agreed upon. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.

4. After termination in accordance with the previous paragraph, the entrepreneur shall promptly refund the amount paid by the consumer.

5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and entrepreneur-known representative, unless expressly agreed otherwise.

Article 14 - Duration transactions: duration, termination, and extension

Termination:

1. The consumer can terminate an agreement entered into for an indefinite period and aimed at the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of no more than one month.

2. The consumer can terminate an agreement entered into for a fixed term and aimed at the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, observing the agreed termination rules and a notice period of no more than one month.

a. terminate at any time and not be limited to termination at a specific time or during a specific period;
b. at least terminate in the same manner as they were entered into by him;
c. always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension:

4. An agreement entered into for a fixed term and aimed at the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

5. Contrary to the previous paragraph, an agreement entered into for a fixed term and aimed at the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, provided 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 entered into for a fixed term and aimed at the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. The notice period is at most three months if the agreement is aimed at 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 delivery 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 at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 - Payment

1. Unless otherwise specified in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or if there is no reflection period, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period starts the day after the consumer has received confirmation of the agreement.

2. In the sale of products to consumers, the consumer may never be obliged in general terms and conditions to prepay more than 50%. When prepayment is agreed, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed prepayment has taken place.

3. The consumer is obliged to immediately report inaccuracies in provided or stated payment details to the entrepreneur.

4. If the consumer does not meet his payment obligation(s) on time, he is, after being notified by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days, starting the day after receipt of the reminder, to still fulfill his payment obligations, after failure to pay within this 14-day period, liable for statutory interest on the outstanding amount and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. The entrepreneur may deviate from these amounts and percentages to the benefit of the consumer.

Article 16 - 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 performance of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.

3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

4. A complaint about a product, service, or the service of the entrepreneur can also be submitted via a complaint form on the consumer page of the Thuiswinkel.org website www.thuiswinkel.org. The complaint is then sent both to the relevant entrepreneur and to Thuiswinkel.org.

5. The consumer must in any case give the entrepreneur 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is subject to the dispute resolution scheme.

Article 17 - Disputes

1. Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. If the entrepreneur directs his activities to the country where the consumer lives, the consumer can always invoke the mandatory consumer law of his country.

2. Disputes between the consumer and the entrepreneur regarding the formation or execution of agreements concerning products and services to be delivered or delivered by this entrepreneur may, subject to the provisions below, be submitted by both the consumer and the entrepreneur to the Disputes Committee Thuiswinkel, Postbus 90600, 2509 LP in The Hague (www.sgc.nl).

3. A dispute will only be handled by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.

4. If the complaint does not lead to a solution, the dispute must be submitted in writing or in another form to be determined by the Committee to the Disputes Committee no later than 12 months after the date on which the consumer filed the complaint with the entrepreneur.

5. When the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. Preferably, the consumer first reports this to the entrepreneur.

6. When the entrepreneur wants to submit a dispute to the Disputes Committee, the consumer must, within five weeks after a written request made by the entrepreneur for that purpose, express in writing whether he also wishes this or wants the dispute to be handled by the competent court. If the entrepreneur does not receive the consumer's choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court.

7. The Disputes Committee issues a ruling under the conditions as established in the regulations of the Disputes Committee (www.degeschillencommissie.nl/over-ons/de-
commissies/2404/thuiswinkel). The decisions of the Disputes Committee are made by way of binding advice.

8. The Disputes Committee will not handle or will cease handling a dispute if the entrepreneur has been granted suspension of payment, has been declared bankrupt, or has effectively ceased business activities before a dispute has been handled by the committee at the hearing and a final decision has been made.

9. If, in addition to the Disputes Committee Thuiswinkel, another recognized disputes committee affiliated with the Foundation for Consumer Disputes Committees (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Disputes Committee Thuiswinkel is preferably competent for disputes mainly concerning the method of distance selling or service. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid.

Article 18 - Industry guarantee

1. Thuiswinkel.org guarantees the compliance with the binding advice of the Disputes Committee Thuiswinkel by its members, unless the member decides to submit the binding advice to the court for review within two months after its dispatch. This guarantee is revived if the binding advice remains in force after court review and the judgment proving this has become final. Up to a maximum amount of €10,000 per binding advice, this amount will be paid to the consumer by Thuiswinkel.org. For amounts greater than €10,000 per binding advice, €10,000 will be paid out. For the excess, Thuiswinkel.org has an obligation of effort to ensure that the member complies with the binding advice.

2. For the application of this guarantee, it is required that the consumer makes a written claim to Thuiswinkel.org and that he transfers his claim against the entrepreneur to Thuiswinkel.org. If the claim against the entrepreneur exceeds €10,000, the consumer is offered to transfer his claim exceeding the amount of €10,000 to Thuiswinkel.org, after which this organization will request payment in court in its own name and at its own expense to satisfy the consumer.

Article 19 - Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions must not be to the detriment of the consumer and must 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.

Article 20 - Amendment of the general terms and conditions thuiswinkel

1. Changes to these terms and conditions shall only take effect after they have been published in an appropriate manner, provided that in the case of applicable changes during the term of an offer, the provision most favorable to the consumer shall prevail.

Model form for withdrawal

(only fill in and return this form if you want to withdraw from the agreement)

• To: [ naam ondernemer]

[ geografisch adres ondernemer]

[ faxnummer ondernemer, indien beschikbaar]

[ e-mailadres of elektronisch adres van ondernemer]

• I/We* hereby inform you that I/we* our agreement concerning

the sale of the following products: [aanduiding product]*

the delivery of the following digital content: [aanduiding digitale inhoud]*

the performance of the following service: [aanduiding dienst]*,

withdraw/withdrawal*

• Ordered on*/received on* [Datum]
• [Naam consumenten(en)]
• [Adres consument(en)]
• [Handtekening consument(en)] (only when this form is submitted on paper)
• [Datum]

* Strike out what does not apply or fill in what applies.

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General Terms and Conditions Thuiswinkel Zakelijk

Table of contents:

Article 1 - Definitions

In these terms and conditions, the following is understood:

1. Day: calendar day;

2. Digital content: data produced and delivered in digital form;

3. Duration agreement: an agreement aimed at the regular supply of goods, services and/or digital content for a certain period;

4. Durable data carrier: any means - including e-mail - that enables the customer or entrepreneur to store information addressed personally to him in a way that allows future consultation or use for a period aligned with the purpose for which the information is intended, and that allows unchanged reproduction of the stored information;

5. Customer: the natural or legal person acting in the exercise of his profession or business;

6. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services remotely to customers;

7. Distance contract: a contract concluded between the entrepreneur and the customer within the framework of an organized system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the contract, one or more techniques for distance communication are used exclusively or jointly;

8. Written: In these general terms and conditions, “written” also includes communication by e-mail and fax, provided the identity of the sender and the integrity of the e-mail are sufficiently established.

9. Technique for distance communication: means that can be used to conclude a contract without the customer and entrepreneur having to be present in the same room at the same time.

10. Website: The entrepreneur's webshop where products and services are offered that can be purchased by customers.

Article 2 - Identity of the entrepreneur

Name of entrepreneur: AsTools

Operating under the name(s): AsTools

Registered address: J.M. Den Uylstraat 27, 1067 VZ Amsterdam, Netherlands

Phone number: +31 613150303

Availability: From Monday to Friday from 09:00 to 20:00 - From Saturday to Sunday from 09:00 to 18:00

E-mailadres: info@astools.nl

KvK-nummer: 91537274

Btw-identificatienummer: NL865687729B01

Article 3 - Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the customer.

2. If the customer includes provisions or conditions in his order, confirmation, or communication containing acceptance that deviate from or are not included in the general terms and conditions, these are only binding on the entrepreneur if and insofar as they have been expressly accepted in writing by the entrepreneur.

3. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the customer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be inspected at the entrepreneur and that they will be sent free of charge to the customer as soon as possible upon request.

4. If the agreement is concluded remotely electronically, contrary to the previous paragraph and before the agreement is concluded remotely, the text of these general terms and conditions can be made available electronically to the customer in such a way that the customer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the agreement is concluded remotely where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise upon the customer's request.

5. In the event that specific product or service conditions also apply alongside these general terms and conditions, paragraphs three and four apply accordingly, and the customer can always invoke the applicable provision that is most favorable to them in case of conflicting conditions.

6. If a provision in these general terms and conditions proves to be void, this does not affect the validity of the entire general terms and conditions. In that case, the parties will establish replacement provision(s) that, as far as legally possible, reflect the intent of the original provision.

Article 4 - The offer

1. If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.

2. The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to allow the customer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products, services, and/or digital content.

3. The content of the website and the offer has been compiled with the utmost care. However, the entrepreneur cannot guarantee that all information on the website is always correct and complete. All prices, the offer, and other information on the website and in other materials from the entrepreneur are therefore subject to obvious programming and typing errors.

Article 5 - The agreement

1. The agreement is concluded at the moment the customer accepts the offer and meets the conditions set.

2. If the customer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the customer can dissolve the agreement.

3. If an offer is accepted by the customer, the entrepreneur has the right to revoke the offer within 3 working days after receipt of the acceptance. The entrepreneur will immediately inform the customer of such a revocation.

4. If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the customer can pay electronically, the entrepreneur will take appropriate security measures.

5. If it appears that incorrect data were provided by the customer at acceptance or otherwise entering into the agreement, the entrepreneur has the right to fulfill its obligation only after the correct data have been received.

6. Within legal frameworks, the entrepreneur can verify whether the customer can meet his payment obligations, as well as all facts and factors important for responsibly entering into the distance agreement. If the entrepreneur has good reasons based on this investigation not to enter into the agreement, he is entitled to refuse an order or application or attach special conditions to the execution. The entrepreneur who refuses the application or attaches special conditions based on the investigation will inform the customer as soon as possible but no later than 3 days after the conclusion of the agreement, stating reasons.

Article 6 - The price

1. All prices stated on the website and in other materials from the entrepreneur are exclusive of VAT (unless otherwise indicated) and unless otherwise stated on the website, exclusive of other government-imposed levies.

2. Contrary to the previous paragraph, the entrepreneur can offer products or services with variable prices whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no influence. This tie to fluctuations and the fact that any stated prices are indicative prices are mentioned in the offer.

3. The entrepreneur has the right to change the agreed prices from two weeks after the conclusion of the agreement. The customer who does not agree with the change has the right to terminate the agreement without any costs being charged by the entrepreneur.

4. Any additional costs, such as delivery and payment costs, are stated on the website and in any case shown during the ordering process.

Article 7 - Performance of the agreement and additional warranty

1. The entrepreneur guarantees that the products, services, and digital content comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the [Datum] of the conclusion of the agreement.

2. If the delivered product, service, or digital content does not comply with the agreement (is delivered defective or faulty), the customer must notify the entrepreneur within 3 working days after he could reasonably have discovered this. If the customer does not do this, he can no longer claim any form of repair, replacement, compensation, and/or refund regarding this defect.

3. If the entrepreneur considers a complaint justified, after consultation with the customer, the relevant products will be repaired, replaced, or (partially) reimbursed. The entrepreneur may refer the customer to a manufacturer or supplier.

4. If the customer returns based on the provisions of this article, the customer can return the products. If a refund of amounts already prepaid is made, the entrepreneur will refund these amounts within 30 days after receipt of the products.

5. It is possible that manufacturers and/or suppliers offer their own guarantees. These guarantees are not offered by the entrepreneur. If the entrepreneur chooses to do so, he can mediate in invoking these guarantees by the customer.

Article 8 - Delivery and execution

1. As soon as the order has been received by the entrepreneur, the entrepreneur will send the products as soon as possible, taking into account the provisions of paragraph 3 of this article.

2. The entrepreneur is entitled to engage third parties in the performance of the obligations arising from the agreement.

3. The delivery period is in principle 30 days, unless clearly stated otherwise on the website or when concluding the agreement. The choice of carrier is for the entrepreneur.

4. If the entrepreneur cannot deliver the products within the agreed period, he will inform the customer of this with notification of the expected new delivery period. The customer then has the right to dissolve the agreement and also the right to compensation for his damage as a result of the late or non-delivery up to a maximum of one time the purchase price if the late or non-delivery is due to intent or gross negligence of the entrepreneur. The customer immediately informs the entrepreneur after his notification of late or non-delivery whether he still wants performance of the agreement or wishes to dissolve it.

5. Unless expressly agreed otherwise, the risk of the products to be delivered passes to the customer as soon as they have been delivered to the specified delivery address. If the customer decides to pick up the products, the risk passes upon transfer of the products.

6. If the customer or the third party designated by him is not present at the agreed delivery time at the delivery address to receive the products, the entrepreneur is entitled to take the products back. At extra cost, the entrepreneur will offer the products to the customer again at another time and/or day to be determined in consultation with the customer. If delivery proves impossible, the payment obligation does not lapse and any extra costs, including for taking the products back, will be charged to the customer.

7. If the ordered item is no longer available, the entrepreneur will make efforts to offer a similar product of similar quality to the customer. The customer is then entitled to dissolve the agreement free of charge.

Article 9 - Continuing Transactions: duration, termination and extension

Termination:

1. The customer can terminate an agreement entered into for an indefinite period and aimed at the regular delivery of products (including electricity), digital content or services, at any time, observing the agreed termination rules and a notice period of two months.

2. The customer can terminate an agreement entered into for a fixed term and aimed at the regular delivery of products (including electricity), digital content or services, at any time at the end of the fixed term, observing the agreed termination rules and a notice period of two months.

3. The customer can terminate the agreements mentioned in the previous paragraphs in writing.

Extension:

4. An agreement entered into for a fixed term and aimed at the regular delivery of products (including electricity), digital content or services, is tacitly extended for the same duration as agreed.

5. The mentioned notice periods apply accordingly to terminations by the entrepreneur.

Article 10 - Payment

1. The customer must make payments to the entrepreneur according to the payment methods indicated in the ordering procedure and possibly on the website. The entrepreneur is free to choose which payment methods to offer and these may change from time to time. Unless otherwise agreed, in case of payment after delivery, a payment term of 14 days applies, starting the day after delivery.

2. If the customer does not meet his payment obligation(s) on time, he is in default by operation of law without the need for a notice of default. The entrepreneur has the right to increase the amount due with statutory interest and is entitled to charge and recover extrajudicial collection costs and any legal costs incurred from the customer.

Article 11 - Retention of Title

1. As long as the customer has not made full payment of the entire agreed amount, all delivered goods remain the property of the Entrepreneur.

Article 12 - Liability

1. Except in cases of intent or gross negligence, the total liability of the entrepreneur towards the customer for attributable failure in the performance of the agreement is limited to compensation of a maximum amount equal to the price agreed upon for that Agreement (including VAT). If it concerns a continuing performance contract, the said liability is limited to compensation of the amount that the customer owed the entrepreneur in the 3 months prior to the damaging event.

2. Liability of the entrepreneur towards the customer for indirect damage, including but explicitly not limited to consequential damage, lost profits, missed savings, loss of data, and damage due to business interruption, is excluded.

3. The previous paragraphs do not apply to damage suffered by the customer in the resale by the customer of products purchased from the entrepreneur to consumers, as a result of the fact that the latter have exercised one or more of their statutory rights against the customer due to a defect in those products.

4. As far as performance is not already permanently impossible, the liability of the entrepreneur towards the customer for attributable failure to perform an agreement arises only after the customer has properly and immediately put the entrepreneur in default in writing, setting a reasonable period to remedy the failure, and the entrepreneur still fails to fulfill its obligations after that period. The notice of default must contain as detailed a description of the failure as possible, so that the entrepreneur can respond adequately.

5. A condition for the emergence of any right to compensation is always that the customer reports the damage to the entrepreneur in writing as soon as possible, but no later than 14 days after its occurrence.

6. In case of force majeure, the entrepreneur is not obliged to compensate any damage suffered by the customer as a result.

Article 13 - Complaints Procedure

1. 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 customer has discovered the defects.

3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the customer can expect a more detailed answer.

Article 14 - Disputes

1. Dutch law exclusively applies to agreements between the entrepreneur and the customer to which these general terms and conditions relate.

2. If disputes arise from the Agreement that cannot be settled amicably, they will be submitted to the competent court of the district where the entrepreneur is established. Entrepreneur and customer may agree to resolve their disputes by binding advice or arbitration.