Article 1 - Definitions In these terms and conditions, the following definitions apply:
Withdrawal period: the period during which the consumer can exercise his right of withdrawal; Consumer: the natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur; Day: calendar day; Continuing performance contract: a distance contract related to a series of products and/or services, where the obligation to deliver and/or receive is spread over time; Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that facilitates future consultation and unchanged reproduction of the stored information. Right of withdrawal: the consumer's option to cancel the distance contract within the withdrawal period; Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance; Distance contract: a contract concluded between the entrepreneur and the consumer as part of an organized system for the distance selling of products and/or services, where only one or more techniques for distance communication are used until the conclusion of the contract; Technique for distance communication: a means that can be used for concluding a contract, without the consumer and entrepreneur being simultaneously in the same space.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Company name: Marsupport
Chamber of Commerce number: 77950720
Trade name: Nordika
VAT number: NL003264454B26
Customer service email: email@example.com
Business address: Gerrit van der Veenstraat 99, 3762XK Soest, Netherlands
Article 3 - Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur and will be sent to the consumer free of charge upon request as soon as possible. If the distance contract is concluded electronically, in deviation from 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 by electronic means in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent to the consumer free of charge by electronic means or in another way upon request. 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 by analogy, and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions. If one or more provisions in these general terms and conditions are wholly or partially null and void or are annulled at any time, the agreement and these conditions will remain in force for the rest, and the relevant provision will be replaced in mutual consultation immediately by a provision that approximates the purport of the original as much as possible. Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.
Article 4 - The offer
If an offer has a limited validity or is subject to conditions, this will be explicitly stated in the offer. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur. All images, specifications, data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement. Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular: the price, excluding clearance costs and import VAT. These additional costs will be at the expense and risk of the customer. With regard to the import, the postal and/or courier service will use the special scheme for postal and courier services. This scheme applies when the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service collects the VAT (whether or not together with the invoiced clearance costs) from the recipient of the goods; the possible costs of delivery; the way in which the agreement will be concluded and which actions are necessary for this; whether or not the right of withdrawal applies; the method of payment, delivery, and execution of the agreement; the term for acceptance of the offer, or the term within which the entrepreneur guarantees the price; the amount of the rate for communication at a distance if the costs of using the distance communication technique are calculated on a basis other than the regular basic rate for the used communication medium; whether the agreement will be archived after its conclusion, and if so, in what way it can be consulted by the consumer; how the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore them; any other languages in which, in addition to Dutch, the agreement can be concluded; the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct by electronic means; and the minimum duration of the distance contract in the case of a continuous transaction. Optional: available sizes, colors, types of materials.
Article 5 - The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the electronic acceptance of the offer. Until receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures. The entrepreneur can inform himself within legal frameworks whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution. The entrepreneur will send the following information with the product or service to the consumer, in writing, or in such a way that the consumer can store it in an accessible manner on a durable medium:
the visiting address of the entrepreneur's business establishment where the consumer can go with complaints; the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; the information about guarantees and existing after-sales service; the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement; the requirements for canceling the agreement if the agreement has a duration of more than one year or is indefinite.
In the case of a continuous performance contract, the provision in the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
When delivering products: When purchasing products, the consumer has the option to dissolve the contract without giving any reason within 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated by the consumer and announced to the entrepreneur.
During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 7 - Costs in case of withdrawal
If the consumer exercises his right of returning, the costs of returning the goods are for his account. If the consumer has paid for a product, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after returning. However, the condition is that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted. Reimbursement will be made via the same payment method used by the consumer unless the consumer expressly gives permission for another payment method. Exclusion of the right of withdrawal is only possible for the following products: which have been created by the entrepreneur in accordance with the consumer's specifications; that are clearly of a personal nature; which cannot be returned due to their nature; that can quickly spoil or age; the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence; for individual newspapers and magazines; for audio and video recordings and computer software of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for the following services: concerning accommodation, transport, catering, or leisure activities to be carried out on a certain date or during a certain period; whose delivery has started with the express consent of the consumer before the cooling-off period has expired; concerning bets and lotteries.
Article 8 - The price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market that are beyond the entrepreneur's control, with variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
they are the result of statutory regulations or provisions; or the consumer has the authority to cancel the agreement on the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
Article 9 - Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions existing on the date of the conclusion of the agreement and/or government regulations. An arrangement offered as a guarantee by the entrepreneur, manufacturer, or importer does not affect the rights and claims that the consumer, as a result of the law, can assert against the entrepreneur.
Article 10 - Delivery and execution
The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services. The place of delivery is the address that the consumer has made known to the company. Subject to what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount paid by the consumer. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and announced to the entrepreneur, unless expressly agreed otherwise.
Article 11 – Delivery and Execution
The entrepreneur shall exercise the utmost care when receiving and executing orders for products. The delivery address provided by the consumer to the company shall be considered the place of delivery. Subject to the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders promptly but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be executed, or only partially, the consumer shall be notified of this no later than 30 days after placing the order. In such a case, the consumer has the right to terminate the agreement at no cost and is entitled to any compensation for damages.
In the event of termination in accordance with the preceding paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible but no later than within 14 days after termination. If delivery of an ordered product proves to be impossible, the entrepreneur will make efforts to provide a substitute item. It will be clearly and comprehensibly communicated at the latest upon delivery that a substitute item is being supplied. In the case of substitute items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a designated representative previously communicated to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Long-term Transactions: Duration, Termination, and Renewal
The consumer may terminate an agreement entered into for an indefinite period and aimed at the regular delivery of products (including electricity) or services at any time, with due observance of the agreed termination rules and a notice period of at most one month.
The consumer may terminate an agreement entered into for a definite period and aimed at the regular delivery of products (including electricity) or services at any time at the end of the specified duration, with due observance of the agreed termination rules and a notice period of at most one month.
The consumer may terminate the agreements mentioned in the preceding paragraphs:
- at any time and is not limited to termination at a specific time or in a specific period;
- at least in the same way as they were entered into by him;
- always with the same notice period as the entrepreneur has stipulated for himself.
An agreement entered into for a definite period and aimed at the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a specified duration.
Contrary to the preceding paragraph, an agreement entered into for a definite period and aimed at the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a specific duration of up to three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of at most one month.
An agreement entered into for a definite period and aimed at the regular delivery of products or services may only be tacitly renewed for an indefinite duration if the consumer may terminate it at any time with a notice period of at most one month and a notice period of at most three months in the event the agreement is aimed at the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly renewed and shall automatically end after the trial or introductory period.
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 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.
The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
In case of consumer default, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs previously communicated to the consumer.
Article 14 – Complaints Procedure
Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved through mutual consultation, a dispute arises that is subject to dispute resolution.
A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its option, replace or repair the delivered products free of charge.
Article 15 – Disputes
Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.