TERMS OF USE
Definitions
- Reflection period: Time for consumers to exercise withdrawal rights.
- Consumer: Individual acting outside trade/business.
- Day: Calendar day.
- Digital content: Data in digital form.
- Permanent contract: Covers regular delivery of goods/services/digital content over a set period.
- Durable data carrier: Tools (e.g., email) enabling storage/retrieval of unchanged information.
- Right of withdrawal: Consumers may end distance contracts during the reflection period.
- Entrepreneur: Entity providing products/services/digital content remotely.
- Distance contract: Formed via remote communication (no in-person meeting).
- Sample withdrawal form: In Annex I (if withdrawal rights apply).
- Remote communication technology: Enables contract formation without in-person meetings.
Applicability
These terms govern all the entrepreneur’s offers and distance contracts with consumers. Before contracting, terms must be made available; for electronic contracts, terms must be storable on durable data carriers (or access to electronic viewing provided). Conflicts between general and specific terms are resolved by applying the most favorable terms to the consumer.
Quotations
Offers must accurately describe products/services (with true images) and include consumer rights/obligations. Obvious errors in offers do not bind the entrepreneur.
Contract Formation
- A contract is formed when the consumer accepts the offer and meets its conditions.
- Electronic acceptance triggers immediate electronic confirmation; consumers may withdraw until confirmation.
- Entrepreneurs ensure secure electronic transactions (including payments) and may verify consumers’ ability to pay. They may reject orders with justification or impose conditions if justified.
Upon delivery, the entrepreneur must provide (in writing or storable form): complaint contact, withdrawal conditions (or exclusion), warranty/after-sales info, prices (including taxes/shipping), payment/delivery details, termination rules (for contracts over 1 year/indefinite), and a sample withdrawal form (if applicable).
Right of Withdrawal
Consumers may cancel product contracts within 14 days (no reason needed) via email to [email protected]. The period starts when the consumer (or their designee) receives the product; for multiple products, it starts with the last received item.
Pricing
Prices are fixed during promotions (except for tax changes) and include VAT.
Delivery
- Entrepreneurs process orders carefully; delivery to the address provided.
- Orders must be fulfilled within 30 days (or agreed timeframe). Delays/inability to fulfill must be communicated; consumers may cancel and receive refunds.
- Risk of damage/loss rests with the entrepreneur until delivery.
Complaints
- Entrepreneurs must have an open complaints process, responding within 14 days (or explaining delays).
- Consumers must allow 4 weeks for resolution; unresolved issues proceed to dispute resolution.
Additional Terms
Extra terms must not harm consumers and be in writing/storable form accessible to them.