General Terms and Conditions

TERMS OF SERVICE

Article 1 – Definitions

The following definitions apply in these Terms:

Withdrawal period  : the period within which the consumer can exercise his right of withdrawal;

Consumer  : a natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

day  : calendar day;

Fixed-term contract  : distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over a specific period of time;

Durable data carrier  : any means that enables the consumer or entrepreneur to store information addressed to him personally in such a way that future retrieval and unchanged reproduction of the stored information is possible.

Right of withdrawal  : the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

Entrepreneur  : the natural or legal person who offers products and/or services to consumers remotely;

Distance contract  : contract in which, within the framework of a distance selling system of goods and/or services organised by the entrepreneur, one or more distance communication techniques are used exclusively until the conclusion of the contract;

Distance communication technology  : means that can be used to conclude a contract without the consumer and the entrepreneur being in the same room at the same time.

General Terms and Conditions  : These general terms and conditions of the entrepreneur.

Article 2 - Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days of the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

The consumer is obliged to immediately report to the entrepreneur any inaccuracies in the payment data provided or mentioned.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs communicated in advance to the consumer. 

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and to every order 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, the text of these General Conditions may, notwithstanding the previous paragraph and prior to the conclusion of the distance contract, be made available to the consumer in electronic format in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, prior to the conclusion of the distance contract, it will be indicated where the General Conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge upon the consumer's request.

In the event that specific product or service conditions apply in addition to these General Conditions, paragraphs 2 and 3 shall apply mutatis mutandis and in the event of conflicting General Conditions, the consumer may always rely on the provision that is most favorable to him.

If at any time one or more provisions of these General Conditions are found to be ineffective or void in whole or in part, the contract and these General Conditions shall remain in force and the relevant provision shall be immediately replaced by mutual agreement with a provision corresponding to the meaning of the original provision as faithfully as possible.

Situations not governed by these General Conditions must be evaluated "in the spirit" of these General Conditions.

Any ambiguity regarding the interpretation or content of one or more provisions of our General Conditions must be interpreted "in the spirit" of these General Conditions.

Article 4 - The offer

If an offer has a limited duration or is subject to conditions, this will be expressly stated in the offer.

The offer is subject to change. The entrepreneur reserves the right to modify and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to allow the consumer to adequately evaluate the offer. If the entrepreneur uses images, these are a faithful representation of the products and/or services offered. Obvious errors or obvious mistakes in the offer do not bind the entrepreneur.

All images, specifications, and data in this offer are indicative and do not constitute grounds for compensation or termination of the contract.

The images accompanying the products are a faithful representation of the products offered. The operator cannot guarantee that the colors depicted correspond exactly to the actual colors of the products.

Each offer contains information that clearly indicates to the consumer the rights and obligations associated with accepting the offer. This applies in particular to:

The price, excluding customs clearance fees and import sales tax. These additional costs are the responsibility and risk of the customer. The postal and/or courier service will apply the special regime for postal and courier services in relation to imports. This regulation applies if the goods are imported into the EU country of destination, as is the case here. The postal and/or courier service collects VAT (with or without any customs clearance fees) from the recipient of the goods;

any shipping costs;

how the agreement will be concluded and what measures will be necessary for this purpose;

whether or not the right of withdrawal applies;

the methods of payment, delivery and execution of the contract;

the deadline for accepting the offer or the deadline within which the entrepreneur guarantees the price;

the amount of the distance communication fee if the costs for using the means of distance communication are calculated on a basis other than the regular basic fee for the means of communication used;

whether the contract will be archived after its conclusion and, if so, how the consumer will be able to access it;

the way in which the consumer can verify and, if he wishes, correct the data provided by him under the contract before entering into the contract;

all other languages in which the contract may be concluded other than Dutch;

the codes of conduct to which the professional has adhered and the way in which the consumer can consult these codes in electronic format; and

the minimum duration of the distance contract in the case of a forward transaction.

Optional: available sizes, colors, types of materials.

Article 5 - The Contract

Subject to the provisions of paragraph 4, the contract is concluded when the consumer accepts the offer and satisfies the conditions set out therein.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. Until the entrepreneur confirms receipt of this acceptance, the consumer may withdraw from the contract.

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

The entrepreneur can—within the legal framework—determine whether the consumer is able to fulfill his payment obligations, as well as all other facts and factors relevant to the responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to conclude the contract, he or she has the right to reject the order or request or to make performance subject to special conditions, stating the reasons.

The entrepreneur will provide the consumer with the following information with the product or service in writing or in such a way that it can be stored in an accessible manner by the consumer on a durable medium:

  1. the address of the trader's branch to which the consumer can submit his complaints;
  2. the conditions under which and how the consumer can exercise his right of withdrawal, or a clear statement on the exclusion of the right of withdrawal;
  3. information on warranties and existing customer service;
  4. the data referred to in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already communicated such data to the consumer before the conclusion of the contract;
  5. the conditions for terminating the contract if the contract has a duration of more than one year or is indefinite.

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

Each contract is concluded subject to the suspensive condition of sufficient availability of the products in question.

Article 6 - Right of withdrawal

When purchasing products, the consumer has the option to withdraw from the contract within 30 days without providing any reason. This cooling-off period begins the day after the consumer or a representative previously designated by the consumer and notified to the entrepreneur receives the product.

During the cooling-off period, the consumer will treat the product and its packaging with care. They will unpack or use the product only to the extent necessary to determine whether they wish to keep it. If they exercise their right of withdrawal, they will return the product to the entrepreneur with all accessories supplied and—if reasonably possible—in their original condition and packaging, according to the entrepreneur's reasonable and clear instructions.

If the consumer wishes to exercise the right of withdrawal, they are required to inform the entrepreneur within 30 days of receiving the product. The consumer must communicate this via written communication or email. After the consumer has declared their intention to exercise the right of withdrawal, they must return the product to the place of origin within 30 days. The consumer must prove that the delivered goods were returned in a timely manner, for example by providing proof of shipment.

If the customer has not expressed the will to exercise the right of withdrawal or has not returned the product to the entrepreneur beyond the terms referred to in paragraphs 2 and 3, the purchase is a fact.

Article 7 – Costs in case of withdrawal

If the consumer exercises the right of withdrawal, the costs of returning the products will be borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as quickly as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been returned to the entrepreneur or conclusive proof of its complete return can be provided.

Article 8 - Exclusion of the right of withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for the products referred to in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly indicated this in the offer, at least in good time before the conclusion of the contract.

The exclusion of the right of withdrawal is possible only for the following products:

  1. that the entrepreneur produces according to the consumer's specifications;
  2. which are clearly of a personal nature;
  3. which cannot be returned due to their nature;
  4. which can deteriorate or age rapidly;
  5. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  6. for individual newspapers and magazines;
  7. for audio and video recordings and computer software whose seal has been broken by the consumer.
  8. for hygiene products whose seal has been broken by the consumer.

The exclusion of the right of withdrawal is possible only for the following services:

  1. in relation to accommodation, transport, catering or entertainment activities to be carried out on a specific date or in a specific period;
  2. the delivery of which began with the consumer's explicit consent before the end of the reflection period;
  3. About betting and lotteries.

Article 9 - The price

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

Contrary to the previous paragraph, the entrepreneur may offer products or services at variable prices whose prices are subject to fluctuations on the financial market beyond the entrepreneur's control. This commitment to fluctuations and the fact that the prices indicated are indicative prices are indicated in the offer.

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

Price increases starting 3 months after the conclusion of the contract are only permitted if the entrepreneur has agreed to them and:

  1. arise from legal provisions or regulations; or
  2. The consumer has the option to withdraw from the contract from the day the price increase comes into effect.

In accordance with Section 5(1) of the Turnover Tax Act 1968, the place of delivery is the country where the transport begins. In this case, delivery takes place outside the EU. The postal service or courier will then collect the import sales tax or customs clearance costs from the customer. Consequently, the entrepreneur is not charged VAT.

All prices are subject to printing and layout errors. No liability is assumed for the consequences of printing and layout errors. In the event of printing and layout errors, the vendor is not obligated to deliver the product at the incorrect price.

Article 10 - Conformity and warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications indicated in the offer, the reasonable requirements of suitability and/or usability, and the legal provisions and/or official regulations in force at the time the contract is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for any purpose other than normal use.

A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the contract.

Defective or incorrectly delivered products must be reported to the seller in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;

The delivered products have been exposed to abnormal conditions or have otherwise been treated negligently or contrary to the instructions of the entrepreneur and/or the packaging;

The defect is, in whole or in part, the result of regulations that have been or will be enacted by the government regarding the type or quality of materials used.

Article 11 - Delivery and execution

The entrepreneur will take the greatest possible care in accepting and fulfilling product orders.

The place of delivery is the address that the consumer has provided to the company.

Subject to the provisions of Article 4 of these General Terms and Conditions, the Company will fulfill accepted orders as quickly as possible, and in any case within 30 days, unless the Consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be fulfilled or can only be fulfilled partially, the Consumer will be notified no later than 30 days after the order is placed. In this case, the Consumer has the right to withdraw from the contract free of charge and is entitled to any compensation for damages.

In the event of dissolution pursuant to the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of the ordered product is impossible, the entrepreneur will endeavor to deliver a replacement item. You will be clearly and comprehensively informed, no later than upon delivery, that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The entrepreneur will bear the costs of any return shipment.

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

Article 12 - Forward transactions: duration, termination and renewal

Planning

The consumer may withdraw at any time from an indefinite-term contract concluded for the regular supply of products (including electricity) or services, in compliance with the agreed termination rules and with a notice period not exceeding one month.

The consumer may terminate a fixed-term contract for the regular supply of products (including electricity) or services at any time upon expiration of the term. The agreed-upon cancellation terms apply, and a maximum notice period of one month applies.

The consumer can modify the agreements referred to in the previous paragraphs:

terminate at any time and will not be limited to termination at any particular time or period;

to conclude them at least as he concluded them;

always terminate with the same notice period that the entrepreneur has set himself.

Extension

A contract concluded for a fixed period and relating to the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

By way of derogation from the preceding paragraph, a fixed-term contract concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly extended for a fixed term not exceeding three months if the consumer withdraws from the extended contract at the end of the extension with a notice period of up to one month.

A fixed-term contract concluded for the regular supply of goods or services may be tacitly extended for an indefinite period only if the consumer can terminate the contract at any time with a notice period not exceeding one month, and with a notice period not exceeding three months if the contract concerns the regular delivery of daily or weekly newspapers and magazines, but less than once a month.

A fixed-term contract for the regular delivery of daily or weekly newspapers and magazines as part of an introductory subscription (trial or introductory subscription) is not tacitly maintained and ends automatically at the end of the trial or introductory period.

Duration of time

If the contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period not exceeding one month, unless reasonableness and fairness prevent termination before the expiry of the agreed term.

Article 13 - Identity of the entrepreneur

Chamber of Commerce Number: 1018239286

Customer Service Email Address: Justin.Sleiman1@gmail.com

Article 14 - Complaints procedure

Complaints regarding the fulfillment of the contract must be submitted to the entrepreneur, described fully and clearly, within 7 days of the consumer discovering the defects.

Complaints submitted to the entrepreneur will be responded to within 14 days of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved amicably, a dispute will arise subject to dispute resolution.

A complaint does not result in a suspension of the Operator's obligations unless the Operator states otherwise in writing.

If the operator deems the complaint to be well-founded, it will, at its discretion, replace or repair the delivered products free of charge.

Article 15 - Litigation

Dutch law applies exclusively to contracts between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer lives abroad.

Article 16 - CESOP

Due to the measures introduced and strengthened from 2024 in connection with the "Act amending the Sales Tax Act 1968 (Act implementing the Payment Service Providers Directive)" and thus with the introduction of the Central Information System for Electronic Payments (CESOP), payment service providers may register data in the European CESOP system.