General Terms and Conditions

Article 1 – Definitions

For the purposes of these General Terms and Conditions, the following definitions apply:

Cooling-off period: the period during which the consumer can exercise their right of withdrawal;

Consumer: the 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;

Continuing business: a distance contract for a series of products and/or services, the delivery and/or acceptance of which extends over time;

Durable medium: any means that allows the consumer or entrepreneur to store information addressed personally to them in such a way that future consultation and unchanged reproduction of the stored information is possible;

Right of withdrawal: the option 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: a contract in which, within the framework of a system organized by the entrepreneur for the remote selling of products and/or services, one or more techniques of remote communication are used exclusively until the conclusion of the contract;

Technique of remote communication: means that can be used to conclude an agreement without the consumer and entrepreneur meeting in the same room at the same time;

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

 

Article 2 – Identity of the Business Operator

Company: ERDEM-ECOMMERCE

Chamber of Commerce number: 92891888

VAT identification number: NL004984639B46

Address: J c van Markenstraat 1

 

Article 3 – Applicability

These General Terms and Conditions apply to every offer made by the entrepreneur and to all distance contracts and orders concluded between the entrepreneur and the consumer.

Before concluding the distance contract, the consumer will be provided with the text of these General Terms and Conditions. If this is not reasonably possible, it will be pointed out before concluding the distance contract that the General Terms and Conditions can be viewed at the entrepreneur’s location and that they will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, deviating from the previous paragraph, the text of these General Terms and Conditions can be provided to the consumer electronically in such a way that it can easily be stored by the consumer on a durable medium. If this is not reasonably possible, it will be pointed out before concluding the distance contract that the General Terms and Conditions can be retrieved electronically and that they will be sent to the consumer free of charge either electronically or otherwise upon request.

In the event that, in addition to these General Terms and Conditions, specific product or service conditions apply, the second and third paragraphs will apply accordingly, and in the event of conflicting General Terms and Conditions, the consumer may always invoke the provision most favorable to them.

If one or more provisions of these General Terms and Conditions are or become void or are declared void at any time, the contract and these General Terms and Conditions will remain in force, and the provision in question will immediately be replaced by a provision that comes as close as possible to the content of the original, by mutual agreement.

Situations not covered by these General Terms and Conditions must be assessed "in the spirit" of these General Terms and Conditions.

Ambiguities regarding the interpretation or content of one or more provisions of our General 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 period or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make an informed assessment of the offer. If the entrepreneur uses images, they are an accurate representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or contract termination.

The images attached to the products accurately represent the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains such information that the consumer understands which rights and obligations are associated with the acceptance of the offer. This concerns particularly:

• the price, excluding customs clearance costs and import VAT. These additional costs are borne by the customer and are at their risk. The postal and/or courier service will use the special regulation for postal and courier services for imports. This regulation applies when the goods are imported into the destination country within the EU, which is the case here as well. The postal and/or courier service will charge VAT (whether or not together with the calculated customs clearance costs) from the recipient of the goods;

• any possible shipping costs;

• the manner in which the contract is concluded and what steps are required for that;

• whether the right of withdrawal applies or not;

• the payment method, delivery, and execution of the contract;

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

• the amount of the charge for remote communication if the costs for using the communication technology are calculated on a basis other than the regular base rate for the used communication means;

• whether the contract will be archived after its conclusion and if so, how it can be accessed by the consumer;

• the manner in which the consumer can review and, if desired, correct the data provided by them in connection with the contract before its conclusion;

• any other languages in which the contract can be concluded in addition to Dutch;

• the codes of conduct to which the entrepreneur has submitted, and the manner in which the consumer can view these codes of conduct electronically; and

• the minimum duration of the distance contract in the case of a long-term business.

Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

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

If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm the receipt of the acceptance of the offer electronically. Until the receipt of this acceptance has been confirmed by the entrepreneur, the consumer can dissolve the contract.

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

The entrepreneur may, within the legal framework, ascertain whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has valid reasons, based on this investigation, not to conclude the contract, they are entitled to reject an order or request or attach special conditions to the execution of the contract, providing reasons for this.

The entrepreneur will send the following information to the consumer, in writing or in a manner that allows the consumer to store it on a durable medium that is accessible:

● the visiting address of the entrepreneur's establishment where the consumer can address complaints;

● the conditions under which and the manner in which the consumer can exercise their right of withdrawal, or a clear statement about the exclusion of the right of withdrawal;

● information about warranties and existing customer service;

● the information contained in Article 4, paragraph 3 of these General Terms and Conditions, unless the entrepreneur has already provided this information to the consumer before the contract is concluded;

● the conditions for termination of the contract if the contract has a duration of more than one year or is indefinite.

In the case of a long-term business, the provision of the previous paragraph applies only to the first delivery.

Every contract is concluded under the suspensive condition of the sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the possibility to dissolve the contract without giving any reason within a period of 14 days. This reflection period starts the day after the consumer receives the product or a representative designated in advance by the consumer and notified to the entrepreneur.

During the reflection period, the consumer will handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer exercises their right of withdrawal, they will return the product with all supplied accessories and – where reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions of the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they are obliged to inform the entrepreneur within 14 days after receiving the product. The consumer must notify this through a written message/email. After the consumer has indicated that they wish to exercise their right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods have been sent back on time, for example, by providing proof of shipment.

If the consumer has not notified the entrepreneur that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur after the deadlines mentioned in paragraphs 2 and 3, the purchase is considered final.

 

Article 7 – Costs in the Event of Withdrawal

If the consumer exercises their 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 the withdrawal. This is provided that the product has already been received by the online retailer or a conclusive proof of complete return can be provided.

 

Article 8 – Exclusion of the Right of Withdrawal

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

An exclusion of the right of withdrawal is only possible for products:

●    that have been determined by the entrepreneur according to the consumer's specifications;

●    that are of an obviously personal nature;

●    that by their nature cannot be returned;

●    that may spoil or age quickly;

●    whose price is tied to fluctuations in the financial market, over which the entrepreneur has no influence;

●    for loose newspapers and magazines;

●    for audio and video recordings and computer software, if the consumer has broken the seal.

●    for hygiene products, if the consumer has broken the seal.

An exclusion of the right of withdrawal is only possible for services:

●    for accommodation, transport, restaurant, business, or leisure activities on a specific date or during a specific period;

●    whose delivery has begun with the express consent of the consumer before the end of the reflection period;

●    for gambling and lotteries.

 

Article 9 – The Price

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

Notwithstanding 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 influence, with variable prices. The fact that prices are subject to fluctuations and that the stated prices are indicative prices is indicated in the offer.

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

Price increases after 3 months from the conclusion of the contract are only permitted if the entrepreneur has specified this and:

●    they result from statutory provisions or regulations; or

●    The consumer has the right to terminate the contract with effect from the day the price increase becomes effective.

According to Article 5(1) of the Value Added Tax Act of 1968, the place of performance is in the country where the transportation begins. In this case, the delivery takes place outside the Union. As a result, the postal or courier service collects import VAT or customs clearance charges from the customer. Therefore, no VAT is charged by the entrepreneur.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged 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 stated in the offer, the reasonable requirements for solidity and/or usability, and the legal provisions and/or regulations applicable at the time the contract is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for a use other than the normal use.

A warranty granted by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.

Defects or wrongly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. The products must be returned in their original packaging and in new condition.

The warranty period of the entrepreneur corresponds to the warranty period of the manufacturer. However, the entrepreneur is never responsible for the final suitability of the products for any specific application by the consumer or for advice regarding the use or application of the products.

The warranty does not apply if:

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

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

The defect is wholly or partly the result of regulations that the government has enacted or will enact regarding the type or quality of the materials used.

 

Article 11 – Delivery and Execution

The entrepreneur will exercise the utmost care in receiving and executing product orders.

The delivery address is the address provided by the consumer to the entrepreneur.

Subject to the provisions of Article 4 of these general terms and conditions, the entrepreneur will execute the accepted orders with the required speed, but in any case, no later than within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed no later than 30 days after placing the order. In this case, the consumer has the right to cancel the contract free of charge and is entitled to compensation.

In the case of cancellation according to the previous paragraph, the entrepreneur will refund the amount paid by the consumer as quickly as possible, but no later than 14 days after the cancellation.

If the delivery of an ordered product turns out to be impossible, the entrepreneur will make every effort to provide a substitute item. At the latest upon delivery, it will be clearly and understandably indicated that a substitute item will be delivered. The right of withdrawal cannot be excluded for substitute items. The cost of any return will be borne by the entrepreneur.

The risk of damage and/or loss of products is with the entrepreneur until the moment of delivery to the consumer or a representative named in advance and notified to the entrepreneur, unless explicitly agreed otherwise.

 

Article 12 – Transactions with a Duration: Duration, Termination, and Renewal

Termination

The consumer may terminate a contract concluded for an indefinite period, which involves the regular delivery of products (including electricity) or services, at any time in accordance with the agreed termination rules and with a notice period of no more than one month.

The consumer may terminate a contract concluded for a fixed period, which provides for the regular delivery of products (including electricity) or services, at any time until the end of the specified period, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may conclude the contracts mentioned in the preceding paragraphs:

• Be terminable at any time and not restricted to termination at a specific time or during a specific period;
• Terminate in at least the same manner in which they were entered into;
• Always terminate with the same notice period as set by the entrepreneur.

Renewal

A contract concluded for a fixed period, involving the regular delivery of products (including electricity) or services, may not be tacitly extended or extended for a specified period.

Contrary to the preceding paragraph, a contract concluded for a fixed period, which involves the regular delivery of daily, news, weekly newspapers, and magazines, may be tacitly extended for a fixed period of up to three months, provided the consumer may terminate this extended contract at the end of the extension period with a notice period of no more than one month.

A contract concluded for a fixed period, which involves the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer is entitled to terminate it at any time with a notice period of no more than one month and a notice period of no more than three months, provided the contract aims to provide the agreed-upon but less than once-a-month delivery of daily, news, and weekly newspapers and magazines.

A fixed-term contract for the regular delivery of daily, news, and weekly newspapers and magazines for an introduction (trial or introductory subscription) will not be tacitly continued and will automatically end at the expiration of the trial or introductory period.

Expensive

If a contract has a term of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the agreed term expires.

 

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 according to Article 6(1). In the case of a contract for the provision of services, this period begins after the consumer has received the contract confirmation.

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

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

 

Article 14 – Complaints Procedure

Complaints regarding the performance of the contract must be submitted to the entrepreneur within 7 days after the consumer has discovered 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 the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

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

Submitting a complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur states otherwise in writing.

If the entrepreneur deems the complaint justified, the entrepreneur will replace or repair the delivered products at their discretion, free of charge.

 

Article 15 – Disputes

Contracts between the entrepreneur and the consumer to which these terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.