General Terms and Conditions

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Table of contents:

Article 1 - Definitions

In these terms and conditions the following definitions apply:

1. Additional contract: a contract 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. Reflection 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. Continuous contract: a contract aimed at the regular supply of goods, services and/or digital content for a certain period;

7. Durable data carrier: any means - including e-mail - 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 possibility for the consumer to withdraw from the distance contract within the reflection period;

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

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

11. Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be present in the same room 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

Email address: info@astools.nl

Chamber of Commerce number: 91537274

VAT number: NL865687729B01

Article 3 - Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between entrepreneur and 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, contrary to 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, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge 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, the second and third paragraphs apply accordingly and the consumer can always invoke the applicable provision that is most favorable to him in case of conflicting conditions.

Article 4 - The offer

1. If an offer has a limited validity period or is made under conditions, this is 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 enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products, services and/or digital content. Obvious mistakes or obvious 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 agreement 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 will immediately confirm receipt of the acceptance electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

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

4. The entrepreneur may, within legal frameworks, inquire whether the consumer can meet his 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 agreement, 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 dissolve an agreement regarding the purchase of a product during 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 him to provide his reason(s).

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

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

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

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. He 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 he 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 depreciation of the product if the entrepreneur has not provided them with 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 lie 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 costs.

6. If the consumer withdraws after first expressly requesting 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 certain 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 reimbursement of costs upon withdrawal, or the model withdrawal form, or;
b. the consumer has not expressly requested the commencement of the performance 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 agreement before the end of the reflection period;
b. he has not acknowledged losing his right of withdrawal by 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 in case of withdrawal

1. If the entrepreneur enables the consumer to notify the withdrawal electronically, he sends an acknowledgment of receipt without delay 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 back the product, whichever is earlier.

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 method of delivery than the cheapest standard delivery, the entrepreneur is not obliged 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 the conclusion of the agreement:

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. Agreements 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 supervision of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;

a. the execution has begun with the express 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 agreement;

4. Package tours as referred to in Article 7:500 BW and passenger transport agreements; 

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

6. Agreements relating to leisure activities, if a specific date or period for their performance is provided in the agreement;

7. Products made according 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 that are not suitable for return for reasons of health protection or hygiene and whose 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 at the conclusion of the agreement, 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 control;

12. Sealed audio, video recordings, and computer software, the seal of which 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 may offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no control, with variable prices. 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 result from legal regulations or provisions.

a. these are the result of legal 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 mentioned 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 soundness and/or usability, and the legal provisions and/or government regulations existing 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.

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

3. An additional warranty means any commitment by the entrepreneur, its supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to in case they have failed to fulfill their part of the agreement.

Article 13 - Delivery and execution

1. The entrepreneur will 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 is the address that the consumer has made known to the entrepreneur.

3. Subject to the provisions in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or only 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 terminate the agreement without costs and is entitled to any compensation.

4. After termination in accordance with the previous paragraph, the entrepreneur will 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 that provides for 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 that provides for the regular delivery of products (including electricity) or services at any time at 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 the consumer;
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 that provides for 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 that provides for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

6. An agreement entered into for a fixed term that provides for the regular delivery of products or services may only be tacitly extended 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 is at most three months if the agreement provides for 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 renewed and automatically ends after the trial or introductory period.

Duration:

8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 - Payment

1. Unless otherwise stipulated 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 upon, 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 has the duty 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, 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, the statutory interest is owed on the outstanding amount and the entrepreneur is entitled to charge the extrajudicial collection costs incurred. 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 the mentioned 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 execution of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.

3. Complaints submitted to the entrepreneur will be answered within 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. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.

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 also always invoke the mandatory consumer law of his country.

2. 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.

3. If the complaint does not lead to a solution, the dispute must be submitted in writing or in another form 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.

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

5. When the entrepreneur wants to submit a dispute to the Disputes Committee, the consumer must, within five weeks after a written request by the entrepreneur, declare 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.

6. The Disputes Committee issues a ruling under the conditions established in the Disputes Committee regulations. 

8. The Disputes Committee will not handle a dispute or will cease handling 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.

Article 18 - 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.

Model withdrawal form

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

• To: [ entrepreneur name]

[ geografisch adres ondernemer]

[ faxnummer ondernemer, indien beschikbaar]

[ e-mailadres of elektronisch adres van ondernemer]

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

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

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

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

withdraw/withdrawn*

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

* Cross out what does not apply or fill in what does apply.

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