General Terms and Conditions

ARTICLE 1 – DEFINITIONS

For the purposes of these general terms and conditions, the following definitions apply:

  • "Withdrawal period": the period during which the consumer may exercise their right of withdrawal

  • "Consumer": a natural person who is not acting in the course of a profession or business and who enters into a distance sales contract with the entrepreneur

  • Date: 20-09-2024

  • "Long-term contract": a distance agreement concerning a series of products and/or services, with delivery and/or purchase obligations spread over time

  • "Durable medium": any tool that enables the consumer or the entrepreneur to store information addressed to them personally in a way that allows for future consultation and unaltered reproduction

  • "Right of withdrawal": the right of the consumer to withdraw from the distance sales contract within the withdrawal period

  • "Entrepreneur": the natural or legal person who offers products and/or services to consumers at a distance

  • "Distance sales contract": a contract concluded in the context of a system organized by the entrepreneur for the sale of products and/or services at a distance, using one or more means of distance communication until the contract is concluded

  • "Means of distance communication": any means that can be used to conclude an agreement without the consumer and the entrepreneur being physically present in the same place at the same time

  • "General Terms and Conditions": these general terms and conditions of the entrepreneur

ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR

ARTICLE 3 – SCOPE

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before the distance sales contract is concluded, the text of these general terms and conditions must be made available to the consumer. If this is not reasonably possible, the consumer must be informed prior to the conclusion of the contract that the general terms and conditions are available from the entrepreneur and will be sent free of charge upon request.

Notwithstanding the above, if the distance sales contract is concluded electronically, the text of the general terms and conditions may be provided electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the consumer must be informed where the general terms and conditions can be consulted electronically and that they will be sent free of charge by electronic or other means upon request.

If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in case of conflict, the provision most favorable to the consumer prevails.

If one or more provisions of these general terms and conditions are at any time wholly or partially invalid or void, the contract and these terms will otherwise remain in effect, and the relevant provision will be replaced by a provision that most closely matches its purpose.

Situations not covered by these general terms and conditions should be assessed "in the spirit" of these terms and conditions.

Any ambiguity in the interpretation or content of one or more provisions should be clarified "in the spirit" of these general terms and conditions.

ARTICLE 4 – THE OFFER

If an offer is time-limited or subject to specific conditions, this must be clearly stated in the offer.

The offer is non-binding. The entrepreneur reserves the right 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 allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.

All images and specifications in the offer are indicative and cannot give rise to damages or cancellation of the contract.

Product images represent the offered products accurately. The entrepreneur cannot guarantee that the colors shown exactly match the actual product colors.

Each offer contains sufficient information so that the consumer understands the rights and obligations associated with accepting the offer. This includes, in particular:

  • The total price including taxes

  • Any applicable delivery costs

  • The manner in which the contract will be concluded and the steps necessary to do so

  • Whether or not the right of withdrawal applies

  • The methods of payment, delivery, and execution of the contract

  • The period during which the offer can be accepted or the time the entrepreneur guarantees the price

  • The rate for remote communication if it differs from the standard base rate

  • Whether the contract will be archived and how the consumer can access it

  • How the consumer can check and correct the information before finalizing the contract

  • The languages, other than Swedish, in which the contract may be concluded

  • The codes of conduct to which the entrepreneur is subject and how the consumer can access these electronically

  • The minimum duration of the distance contract in the case of continuous or periodic delivery of products or services

ARTICLE 5 – THE CONTRACT

The contract is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer and meets the specified conditions.

If the consumer accepts the offer electronically, the entrepreneur shall confirm receipt of the acceptance immediately via electronic means. Until this confirmation is received, the consumer may cancel the contract.

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

The entrepreneur may, within the legal framework, verify whether the consumer can meet their payment obligations and assess all relevant facts and factors necessary for responsibly concluding the distance contract. If the entrepreneur has valid reasons not to enter into the agreement, they are entitled to refuse an order or request or to impose special conditions for execution.

The entrepreneur will provide the following information with the product or service, in writing or in a way that allows the consumer to store it on a durable medium:

  • The entrepreneur’s business address where complaints can be submitted

  • The conditions and process for exercising the right of withdrawal or a clear statement that it is excluded

  • Information on existing after-sales service and guarantees

  • The details referred to in Article 4, paragraph 3, unless the entrepreneur already provided them before the conclusion of the contract

  • The conditions for terminating the contract if it is of more than one year’s duration or indefinite

In the case of a long-term contract, this applies only to the first delivery.

Each agreement is concluded under the condition of availability of the respective products.

ARTICLE 6 – RIGHT OF WITHDRAWAL

For product deliveries:

When purchasing products, the consumer has the right to withdraw from the contract within 14 days without giving any reason. This period begins the day after the consumer or a third party designated by them, not being the carrier, receives the product, or:

  • If multiple products were ordered in one order: the day the last product is received

  • If the delivery consists of several parts: the day the last part is received

  • For contracts involving regular delivery over a period: the day the first product is received

The entrepreneur may reject a grouped order if the products have different delivery periods, provided the consumer is clearly informed beforehand.

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

In the case of a contract for services and/or digital content not supplied on a physical medium, the consumer has the right to withdraw within 14 days, starting from the day of contract conclusion, without stating a reason.

To exercise this right, the consumer must inform the entrepreneur via a clear statement (e.g., letter, fax, or email). The consumer may use the model withdrawal form, but this is not mandatory.

To comply with the withdrawal deadline, it is sufficient to send the notice before the deadline expires.

ARTICLE 7 – EFFECTS OF WITHDRAWAL

If the consumer withdraws, the entrepreneur will refund all payments received, including delivery costs (excluding additional costs if the consumer chose a more expensive delivery option), without undue delay and no later than 14 days after the withdrawal notice.

The refund will be made using the same payment method as the original transaction, unless agreed otherwise. No fees will be charged to the consumer.

The entrepreneur may withhold reimbursement until they have received the returned products or proof of return from the consumer.

The consumer must return the products without undue delay, no later than 14 days from the date of withdrawal notice.

The consumer bears only the direct costs of returning the products.

ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL

The entrepreneur may exclude the right of withdrawal for certain products or services, provided this was clearly stated in the offer or prior to the conclusion of the contract.

Exclusions particularly apply to:

  • Products whose price depends on fluctuations in the financial market beyond the entrepreneur’s control

  • Products made according to the consumer’s specifications or that are clearly personalized

  • Perishable products or those with a limited shelf life

  • Sealed products that cannot be returned for health or hygiene reasons once unsealed

  • Products that are, after delivery, inseparably mixed with other items

  • Alcoholic beverages with a delivery time of more than 30 days and whose price depends on market fluctuations

  • Sealed audio, video recordings, or software that have been unsealed after delivery

  • Newspapers and magazines, except for subscriptions

For services, the right of withdrawal is excluded for accommodation, transport, catering, or leisure activities scheduled for a specific date or period, and for services that have begun with the explicit consent of the consumer before the end of the withdrawal period.

ARTICLE 9 – PRICE

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except in the case of changes to VAT rates.

By way of exception to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to market fluctuations beyond their control. Such fluctuations and the fact that any stated prices are target prices must be clearly indicated in the offer.

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

Price increases from 3 months after the conclusion of the contract are only allowed if:

  • They result from legal or regulatory provisions; or

  • The entrepreneur has stipulated this and the consumer has the right to cancel the contract as of the effective date of the price increase.

Prices stated in the offer of products or services include VAT.

ARTICLE 10 – CONFORMITY AND WARRANTY

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable standards of reliability and/or usability, and applicable legal and regulatory provisions at the time of contract conclusion. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s legal rights.

Any defect or incorrectly delivered product must be reported in writing to the entrepreneur within 2 months of delivery. Products must be returned in original packaging and in new condition.

The entrepreneur's warranty period matches the manufacturer's warranty. However, the entrepreneur is never responsible for the product’s suitability for the individual consumer’s needs or for any advice on use or application.

The warranty does not apply if:

  • The consumer has repaired or modified the delivered products themselves or has had them repaired or modified by third parties

  • The products have been exposed to abnormal conditions, mistreated, or used contrary to instructions provided by the entrepreneur and/or the packaging

  • The defect results entirely or partly from government regulations regarding the nature or quality of the materials used

ARTICLE 11 – DELIVERY AND EXECUTION

The entrepreneur will exercise the utmost care in receiving and fulfilling product orders and in assessing service requests.

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

Subject to Article 4, the entrepreneur will fulfill accepted orders promptly and within a maximum of 30 days unless a longer period has been agreed. In case of delay or impossibility of fulfillment, the consumer will be informed within 30 days after placing the order. The consumer then has the right to cancel the contract free of charge and claim any damages.

Upon cancellation, the entrepreneur will refund the amount paid by the consumer within 14 days.

If delivery of an ordered product proves impossible, the entrepreneur will strive to provide a replacement product. This will be clearly communicated at the latest upon delivery. The right of withdrawal cannot be excluded for replacement products. Return costs in such cases are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until delivery to the consumer or their designated representative, unless expressly agreed otherwise.

ARTICLE 12 – PAYMENT

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 business days after the start of the withdrawal period referred to in Article 6, paragraph 1. In the case of a service contract, this period starts after the consumer receives confirmation of the contract.

The consumer must promptly report any inaccuracies in the payment details provided.

In case of non-payment, the entrepreneur is entitled, subject to legal limitations, to charge reasonable pre-communicated costs to the consumer.

ARTICLE 13 – COMPLAINTS PROCEDURE

The entrepreneur has a well-publicized complaints procedure and handles complaints in accordance with it.

Complaints regarding the execution of the contract must be submitted clearly and fully within a reasonable time after the consumer has identified the defect.

The entrepreneur will respond to complaints within 14 days of receipt. If a complaint requires a longer processing time, the entrepreneur will acknowledge receipt within 14 days and indicate when the consumer can expect a detailed response.

The consumer must give the entrepreneur at least 4 weeks to resolve the complaint amicably. After this period, the dispute becomes subject to a formal dispute resolution procedure.

ARTICLE 14 – DISPUTES

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.