TERMS OF USE
In these terms, the following definitions apply:
Reflection period: the period during which consumers may exercise their right of withdrawal;
Consumer: a natural person who does not act for purposes related to their trade, business, craft or profession;
Day: a calendar day;
Digital content: data generated and provided in digital form;
Permanent contract: a contract covering the regular delivery of goods, services and/or digital content within a specified period;
Durable data carrier: any tool (including e-mail) that enables the consumer or entrepreneur to store information sent by a natural person for future reference or use within a period consistent with the information’s purpose, with the ability to store and copy the information unchanged;
Right of withdrawal: the right of consumers to terminate a distance contract during the reflection period;
Entrepreneur: a natural or legal person who provides consumers with products, (access to) digital content and/or services at a distance;
Distance contract: a contract concluded between a trader and a consumer within an organized system for selling products, digital content and/or services at a distance, in whole or in part using remote communication technologies, up to and including the conclusion of the contract;
Sample withdrawal form: A European sample withdrawal form is available in Annex I to these Terms. If the consumer has no right to withdraw from the order, Annex I need not be attached;
Remote communication technology: technology that allows an agreement to be reached without the consumer and trader meeting in the same place at the same time.
These general terms and conditions apply to all offers from the Trader and all distance contracts concluded between the Trader and the Consumer.
Before the distance contract is concluded, the text of these Terms and Conditions shall be made available to the Consumer. If this is not reasonably possible, the operator shall indicate how the consumer can become familiar with the general terms and conditions before concluding the distance contract, and shall send them free of charge as soon as possible upon the consumer’s request.
If the distance contract is concluded electronically, notwithstanding the preceding paragraph, the text of these general terms and conditions may be made available to the consumer in electronic form before the contract is concluded to enable them to familiarize themselves with it, and may be easily stored on durable data carriers. If this is not reasonably possible, a location where the general terms and conditions can be viewed electronically shall be indicated before the contract is concluded, and the terms shall be sent electronically or by other free means upon the consumer’s request.
If specific product or service-related terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly; in case of conflicting terms, the consumer may always invoke the applicable terms that are most favorable to them.
Article 4 – Quotation
Offers shall contain a full and accurate description of the products, digital content and/or services offered. The description shall be sufficiently detailed to enable the consumer to make a proper assessment of the offered product. If the entrepreneur uses images, such images shall truthfully represent the products, services and/or digital content offered. Obvious errors or mistakes in the offer shall not be binding on the entrepreneur.
Each offer contains information informing the consumer of the rights and obligations related to accepting the offer.
Agreement Conclusion
Subject to paragraph 4, the agreement is concluded when the consumer accepts the offer and complies with the specified conditions.
If the consumer accepts the offer electronically, the seller shall immediately confirm receipt of the acceptance in electronic form. Until the entrepreneur confirms receipt, the consumer may withdraw from the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to ensure the security of electronic data transmission and a secure network environment. If consumers can pay electronically, the entrepreneur shall take appropriate security measures.
Within the legal framework, the entrepreneur may verify the consumer’s ability to fulfill payment obligations and all facts and factors relevant to the responsible conclusion of the distance contract. If, as a result of such verification, the entrepreneur has legitimate reasons not to conclude the agreement, they have the right to reject the order or application with a justification, or to impose special conditions for its performance.
At the latest upon delivery of the product, service or digital content, the entrepreneur shall send the consumer, in writing or in a form that can be stored by the consumer on a durable data carrier, the following:
a. The address of the entrepreneur’s branch where consumers can submit complaints;
b. The conditions and methods for the consumer to exercise the right of withdrawal, or a clear statement excluding such right;
c. Information on guarantees and available after-sales services;
d. Prices (including all taxes and fees), delivery costs (if applicable), and methods of payment, delivery or performance of the distance contract;
e. Requirements for terminating the contract if its term exceeds one year or is indefinite;
f. A model withdrawal form, if the consumer has the right to withdraw.
For forward transactions, the provisions of the preceding paragraph shall apply only to the first delivery.
Right of Withdrawal
For products:
Consumers may terminate the product purchase contract within a 14-day withdrawal period by sending an e-mail to [email protected] without giving any reason. Traders may ask consumers for the reason for withdrawal but cannot force them to explain.
The withdrawal period referred to in paragraph 1 begins the day after the consumer or a designated third party (other than the carrier) receives the product;
- For multiple products purchased in the same order: the day after the consumer or a designated third party receives the last product. An order for multiple products with different delivery dates may be refused if the trader expressly informs the consumer of this before the order is placed;
b. For products delivered in multiple batches or parts: the day after the consumer or a designated third party receives the last batch or part.
Pricing
During the validity period of preferential provisions, the prices of products and/or services shall not increase, except for price changes resulting from changes in the rate of tax on goods and services.
Prices stated in product or service offers include VAT.
Delivery and Performance
Entrepreneurs shall exercise due care when accepting and fulfilling product orders and assessing applications for service provision.
The place of delivery is the address provided to the Seller when the Consumer places the order.
In accordance with Article 4 of these General Terms and Conditions, the entrepreneur shall fulfill accepted orders immediately, but no later than within 30 days, unless a different delivery date is agreed. In case of delivery delays, inability to fulfill the order or partial fulfillment, the consumer shall be notified within 30 days of placing the order. In such cases, the consumer has the right to withdraw from the contract free of charge and claim compensation.
After termination in accordance with the preceding paragraph, the operator shall immediately refund the amount paid by the consumer. Unless otherwise expressly agreed, the risk of damage and/or loss of the product shall rest with the Entrepreneur until delivery to the Consumer or their previously designated and announced representative.
Complaints Procedure
Entrepreneurs have a fully open complaints procedure and handle complaints in accordance with this procedure.
Complaints regarding contract performance must be submitted to the operator in a complete and clear manner within a reasonable period after the consumer discovers the defect.
Complaints submitted to the entrepreneur shall be handled within 14 days of receipt. If the complaint requires a foreseeably longer processing time, the entrepreneur shall respond within 14 days, confirming receipt and indicating when the consumer can expect a more detailed response.
The consumer must allow the entrepreneur at least 4 weeks to handle the complaint by mutual agreement. After this period, a dispute arises, which shall be subject to the dispute resolution procedure.
Article 17 – Additional or Different Conditions
Additional or different conditions to these general terms and conditions shall not be detrimental to the consumer and must be recorded in writing or on a durable data carrier in an accessible manner.