General Terms and Conditions

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Table of contents:

Article 1 – Definitions

In these terms and conditions, the following terms are understood to mean:

1. Supplementary agreement: a contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;

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

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

4. Day: calendar day;

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

6. Continuous contract: a contract for the regular supply of goods, services and/or digital content over a specified period;

7. Durable medium: any tool – including email – that enables the consumer or trader to store information addressed to him personally in a manner that allows for future consultation or use for a period suited to the purpose for which the information is intended, and that permits unchanged reproduction of the stored information;

8. Right of withdrawal: the consumer's right to cancel the distance contract within the cooling-off period;

9. Distance contract: a contract concluded between the trader and the consumer within an organised distance selling scheme for products, digital content and/or services, where up to and including the conclusion of the contract, exclusive or joint use is made of one or more distance communication techniques;

10. Model withdrawal form: the European model withdrawal form set out in Annex I of these terms and conditions. Annex I need not be made available if the consumer has no right of withdrawal in respect of his order;

11. Distance communication technique: a means that can be used to conclude a contract without the consumer and trader being present in the same place at the same time.

Article 2 – Identity of the trader

Trader name: AsTools

Trading under the name/names: AsTools

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

Telephone number: +31 613150303

Email address: info@astools.nl

Chamber of Commerce number: 91537274

VAT number: NL869371915B01

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between trader and consumer.

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

3. If the distance contract is concluded electronically, the text of these general terms and conditions may, by way of derogation from the previous paragraph and before the distance contract is concluded, be made available to the consumer by electronic means in such a manner that the consumer can store it in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it shall be indicated where the general terms and conditions can be accessed by electronic means and that they will be sent to the consumer free of charge by electronic means or otherwise upon request.

4. In the event that specific product or service terms also apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and in the event of conflicting terms, the consumer may always rely on the applicable provision that is most favourable to him.

Article 4 - The Offer

1. If an offer has a limited validity period or is made subject to conditions, this shall be expressly stated in the offer.

2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these shall be a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the trader.

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

Article 5 - The Contract

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 to it.

2. If the consumer has accepted the offer by electronic means, the trader shall immediately confirm receipt of the acceptance of the offer by electronic means. As long as the trader has not confirmed receipt of this acceptance, the consumer may terminate the contract.

3. If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the trader shall take appropriate security measures for this purpose.

4. The trader may, within legal limits, ascertain whether the consumer can meet his payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the contract, he is entitled to refuse an order or request with reasons or to attach special conditions to its performance.

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

Article 6 – Right of Withdrawal

For products:

1. The consumer may terminate a contract for the purchase of a product during a cooling-off period of at least 14 days without giving any reason. The trader may ask the consumer for the reason for withdrawal, but may not require the consumer to provide his reason(s).

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

3. The consumer may terminate a service contract and a contract for the supply of digital content not supplied on a physical medium during a cooling-off period of at least 14 days without giving any reason. The trader may ask the consumer for the reason for withdrawal, but may not require the consumer to provide his reason(s).

4. The cooling-off period referred to in paragraph 3 begins on the day following the conclusion of the contract.

Extended cooling-off period for products, services and digital content not supplied on a physical medium if not informed about the right of withdrawal:

5. If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period shall expire twelve months after the end of the original cooling-off period established in accordance with the previous paragraphs of this article.

6. If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months from the start date of the original cooling-off period, the cooling-off period shall expire 14 days after the day on which the consumer received that information.

Article 7 - Consumer Obligations During the Cooling-Off Period

1. During the cooling-off period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The principle is that the consumer may only handle and inspect the product as he would be permitted to do in a shop.

2. The consumer is only liable for any diminution in value of the product resulting from handling of the product beyond what is permitted in paragraph 1.

3. The consumer is not liable for any diminution in value of the product if the trader has not provided him with all legally required information about the right of withdrawal before or when concluding the contract.

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

1. If the consumer wishes to exercise their right of withdrawal, they shall notify the trader of this within the cooling-off period by means of the model withdrawal form or in any other unambiguous manner.

2. The consumer shall return the product to the trader, or hand it over to (a representative of) the trader, as soon as possible and in any case within 14 days from the day following the notification referred to in paragraph 1. This is not necessary if the trader has offered to collect the product themselves. The consumer shall in any case be deemed to have observed the return period if they return the product before the cooling-off period has expired.

3. The consumer shall return the product with all supplied accessories, where reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.

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

5. The consumer shall bear the direct costs of returning the product. If the trader has not stated that the consumer must bear these costs, or if the trader indicates that they will bear the costs themselves, the consumer shall not be required to bear the return costs.

6. If the consumer withdraws after having explicitly requested that the performance of the service or the supply of gas, water or electricity that have not been made ready for sale in a limited volume or specific quantity commence during the cooling-off period, the consumer shall owe the trader an amount that is proportionate to that part of the obligation that has been performed by the trader at the moment of withdrawal, compared to the full performance of the obligation.

a. the trader has failed to provide the consumer with the legally required information on the right of withdrawal, the cost reimbursement upon withdrawal or the model withdrawal form; or
b. the consumer has not explicitly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.

a. prior to its supply, they have not explicitly agreed to the commencement of performance of the contract before the end of the cooling-off period;
b. they have not acknowledged that they lose their right of withdrawal upon giving their consent; or
c. the trader has failed to confirm this declaration by the consumer.

9. If the consumer exercises their right of withdrawal, all ancillary agreements shall be terminated by operation of law.

Article 9 - Obligations of the trader upon withdrawal

1. If the trader makes it possible for the consumer to notify withdrawal by electronic means, the trader shall send a confirmation of receipt of this notification without delay.

2. The trader shall reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without undue delay and in any case within 14 days from the day on which the consumer notified the trader of the withdrawal. Unless the trader has offered to collect the product themselves, the trader may withhold reimbursement until they have received the product or until the consumer has provided proof of return of the product, whichever is the earlier.

3. The trader shall use the same means of payment for reimbursement that the consumer used, unless the consumer agrees to a different method. The reimbursement shall be free of charge to the consumer.

4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the trader shall not be required to reimburse the additional costs for the more expensive method.

Article 10 - Exclusions from the right of withdrawal

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

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

2. Contracts concluded at a public auction. A public auction shall be understood to mean a sales method whereby products, digital content and/or services are offered by the trader to the consumer who is personally present or given the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to take the products, digital content and/or services

a. performance has commenced with the explicit prior consent of the consumer; and
b. the consumer has declared that they lose their right of withdrawal once the trader has fully performed the contract;

4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and passenger transport contracts;

5. Service contracts for the provision of accommodation, if the contract specifies a particular date or period of performance and is not for residential purposes, goods transport, car rental services or catering;

6. Contracts relating to leisure activities, if the contract specifies a particular date or period of performance;

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

8. Products which are perishable or have a limited shelf life;

9. Sealed products which are unsuitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;

10. Products which, after delivery, have become inseparably mixed with other products by their nature;

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

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

13. Newspapers, magazines or periodicals, with the exception of subscriptions thereto;

Article 11 – Pricing

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

2. By way of derogation from the preceding paragraph, the trader may offer products or services at variable prices where the prices are linked to fluctuations on the financial market over which the trader has no influence. This linkage to fluctuations and the fact that any stated prices are indicative shall be stated in the offer.

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

a. they result from statutory regulations or provisions; or
b. the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.

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

Article 12 – Performance of Agreement and Extended Warranty

1. The trader warrants that the products and/or services comply with the agreement, the specifications stated in the offer, meet reasonable standards of quality and/or fitness for purpose, and comply with the statutory provisions and/or government regulations in force on the date of conclusion of the agreement. If agreed, the trader also warrants that the product is suitable for purposes other than normal use.

2. An extended warranty provided by the trader, its supplier, manufacturer or importer shall never limit the statutory rights and claims that the consumer may assert against the trader under the agreement if the trader has failed to perform its obligations under the agreement.

3. Extended warranty means any undertaking by the trader, its supplier, importer or manufacturer whereby it grants the consumer certain rights or claims that go beyond what it is legally obliged to provide in the event it fails to perform its obligations under the agreement.

Article 13 – Delivery and Performance

1. The trader shall exercise the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.

2. The place of delivery shall be the address communicated by the consumer to the trader.

3. Subject to the provisions of Article 4 of these terms and conditions, the trader shall execute accepted orders with due diligence but no later than 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed in full or in part, the consumer shall be notified no later than 30 days after placing the order. In such case, the consumer has the right to terminate the agreement without cost and is entitled to any damages.

4. Following termination in accordance with the preceding paragraph, the trader shall promptly refund any amount paid by the consumer.

5. The risk of damage to and/or loss of products shall rest with the trader until delivery to the consumer or a pre-designated representative known to the trader, unless expressly agreed otherwise.

Article 14 – Continuous Transactions: Duration, Termination and Renewal

Termination:

1. The consumer may terminate an agreement concluded for an indefinite period and relating to the regular supply of products (including electricity) or services at any time, subject to agreed termination conditions and a notice period of no more than one month.

2. The consumer may terminate an agreement concluded for a fixed period and relating to the regular supply of products (including electricity) or services at any time at the end of the fixed period, subject to agreed termination conditions and a notice period of no more than one month.

a. at any time and shall not be restricted to termination at a specific time or within a specific period;
b. at least in the same manner as they were concluded by the consumer;
c. always with the same notice period as the trader has stipulated for itself.

Renewal:

4. An agreement concluded for a fixed period and relating to the regular supply of products (including electricity) or services shall not be automatically renewed or extended for a fixed period.

5. By way of derogation from the preceding paragraph, an agreement concluded for a fixed period and relating to the regular supply of daily, news and weekly publications and magazines may be automatically renewed for a fixed period of no more than three months, provided the consumer may terminate this renewed agreement at the end of the renewal period with a notice period of no more than one month.

6. An agreement concluded for a fixed period and relating to the regular supply of products or services may only be automatically renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month. The notice period shall be no more than three months in the case of an agreement relating to the regular but less than monthly supply of daily, news and weekly publications and magazines.

7. An agreement with a limited duration for the regular introductory supply of daily, news and weekly publications and magazines (trial or introductory subscription) shall not be automatically continued and shall end automatically upon expiry of 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 preclude termination before the end of the agreed period.

Article 15 – Payment

1. Unless otherwise provided in the agreement or supplementary terms, amounts owed by the consumer shall be paid within 14 days of the start of the cooling-off period, or if there is no cooling-off period, within 14 days of the conclusion of the agreement. In the case of an agreement for the provision of a service, this period shall commence on the day the consumer receives confirmation of the agreement.

2. In the sale of products to consumers, the consumer shall never be required under general terms to pay in advance more than 50%. Where advance payment has been agreed, the consumer may not assert any rights regarding the execution of the relevant order or service(s) until the agreed advance payment has been made.

3. The consumer has a duty to promptly notify the trader of any inaccuracies in payment details provided or stated.

4. If the consumer fails to meet its payment obligation(s) in time, after the trader has drawn attention to the late payment and given the consumer a period of 14 days from the day after receipt of the reminder to meet its payment obligations, and payment is not received within this 14-day period, the consumer shall owe statutory interest on the outstanding amount and the trader is entitled to charge the out-of-court collection costs incurred. These collection costs shall be 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 trader may deviate from these amounts and percentages in the consumer's favour.

Article 16 – Complaints Procedure

1. The trader has a properly publicised complaints procedure and handles complaints in accordance with this procedure.

2. Complaints regarding the performance of the agreement must be submitted to the trader within a reasonable time after the consumer has discovered the defects, and must be described in full and clear detail.

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

4. The consumer must allow the trader at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is subject to dispute resolution procedures.

Article 17 - Disputes

1. Agreements between the trader and the consumer to which these general terms and conditions apply shall be governed exclusively by Dutch law. If the trader directs its activities to the country where the consumer resides, the consumer may always rely on the mandatory consumer protection laws of their country.

2. A dispute shall only be considered by the Disputes Committee if the consumer has first submitted their complaint to the trader within a reasonable timeframe.

3. If the complaint does not result in a resolution, the dispute must be submitted to the Disputes Committee in writing or in another form as determined by the Commission, no later than 12 months after the date on which the consumer lodged the complaint with the trader.

When a consumer wishes to submit a dispute to the Disputes Committee, the trader is bound by this choice. The consumer should preferably notify the trader of this first.

Where the trader wishes to submit a dispute to the Disputes Committee, the consumer must, within five weeks of a written request made by the trader for this purpose, confirm in writing whether they also wish to do so or prefer to have the dispute handled by the competent court. If the trader does not receive the consumer's choice within the five-week period, the trader is entitled to submit the dispute to the competent court.

6. The Disputes Committee shall make its determination in accordance with the conditions as set out in the Disputes Committee regulations

8. The Disputes Committee shall not handle a dispute or shall cease handling it if the trader has been granted a suspension of payments, has become insolvent, or has ceased business operations in fact before the dispute has been heard by the committee at a hearing and a final ruling has been issued.

Article 18 - Additional or Deviating Provisions

Any supplementary or alternative terms that deviate from these general conditions must not be to the detriment of the consumer and must be recorded in writing or in such a manner that the consumer can store them accessibly on a durable data medium.

Model cancellation form

(complete this form and return it only if you wish to cancel the agreement)

• To: [business name

[ business address ]

[ entrepreneur fax number, if available]

[ email address or electronic address of trader]

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

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

the supply of the following digital content: [digital content description]*

the provision of the following service: [service description]*,

revoke/revoked*

• Ordered on*/received on* [order date for services or receipt date for products]
• [Consumer name(s)]
• [Consumer address]
• [Consumer signature(s)] (only when this form is submitted on paper)
• [Date]

* Delete as applicable or complete where relevant.

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