Conditions of Sale - Addmino

Table of Contents:

Article 1 – Definitions

Article 2 – Identity of the Entrepreneur

Article 3 – Applicability

Article 4 – The Offer

Article 5 – The Agreement

Article 6 – Right of Withdrawal

Article 7 – Costs in Case of Withdrawal

Article 8 – Exclusion of Right of Withdrawal

Article 9 – The Price

Article 10 – Conformity and Guarantee

Article 11 – Delivery and Execution

Article 12 – Duration Transactions: Duration, Termination, and Extension Article 13 – Payment Article 14 – Complaints Procedure

Article 1 – Definitions In these terms and conditions, the following definitions apply:

Cooling-off period: the period during which the consumer can make use of the right of withdrawal;
Consumer: the natural person who does not act in the course of a profession or business and enters into a distance agreement with the entrepreneur;
Day: calendar day;
Duration transaction: a distance agreement concerning a series of products and/or services, the delivery and/or performance of which is spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance agreement within the cooling-off period;
Model withdrawal form: the model withdrawal form made available by the entrepreneur that a consumer can fill in when he wishes to exercise his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely;
Distance agreement: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being simultaneously in the same space.

Article 2 – Identity of the Entrepreneur Trade name: Custom Wave Postal address: P.O. Box 194, 1960AD, HEEMSKERK Email address: info@addmino18.eu Chamber of Commerce number: 65488938 VAT identification number: NL002237764B16

Article 3 – Applicability These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer. Before the distance agreement 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 agreement is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur and they will be sent to the consumer free of charge at his request as soon as possible. If the distance agreement is concluded electronically, notwithstanding the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions can be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge at his request either electronically or otherwise. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis and the consumer may always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions. If one or more provisions in these general terms and conditions are null and void or are annulled at any time, the agreement and these terms and conditions will remain in force for the rest and the provision in question will be replaced immediately in mutual consultation with a provision that approximates the purpose of the original as much as possible. Situations that are not regulated in these general terms and conditions must be assessed “in the spirit” of these general terms and conditions. Uncertainties about the interpretation or content of one or more provisions of our 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 period of validity or is subject to conditions, this will be explicitly stated in the offer. The offer is without obligation. The entrepreneur is entitled 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 enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these 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, specifications, and data in the offer are indicative and cannot give rise to any compensation or termination of the agreement. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

the price including taxes;
any costs of delivery;
the manner in which the agreement will be concluded and what actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery, or performance of the contract;
the period for accepting the offer or the period for adhering to the price;
the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement will be filed after conclusion and, if so, how it can be consulted by the consumer;
the way in which the consumer can check and, if desired, correct the data provided by him in the context of the agreement;
any other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur has submitted himself and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance agreement in the event of an agreement that extends to continuous or periodic delivery of products or services.

Article 5 – The Agreement The agreement is subject to the provisions of paragraph 4, concluded at the time of acceptance by the consumer of the offer and compliance with the corresponding conditions. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures. The entrepreneur can notify or check, within the legal framework, whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution. The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium: a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints; b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. the information about guarantees and existing service after purchase; d. the price, including all taxes on the product or service; where applicable, the cost of delivery; and the method of payment, delivery, or execution of the distance agreement; e. the requirements for canceling the agreement if the agreement has a duration of more than one year or is of indefinite duration; f. if the consumer has a right of withdrawal, the model withdrawal form.

Article 6 – Right of Withdrawal For products: The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal but not to oblige him to state his reason(s). The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:

if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has informed the consumer clearly about this prior to the ordering process, refuse an order for several products with different delivery times.
if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

For services: The consumer can dissolve an agreement regarding the provision of services during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal but not to oblige him to state his reason(s). The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling-off period for products and services not offered: If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period ends twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the starting date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

Article 7 – Costs in Case of Withdrawal If the consumer exercises his right of withdrawal, he shall notify the entrepreneur unambiguously within the cooling-off period using the model withdrawal form or in another unambiguous manner. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired. The consumer shall return the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs for return. If the consumer withdraws after having first expressly requested that the provision of the service or the supply of gas, water or electricity that has not been prepared for sale be commenced in a limited volume or certain quantity during the cooling-off period, the consumer shall pay the entrepreneur an amount that is proportional to that part of the undertaking that has been performed by the entrepreneur at the time of withdrawal, compared to the full compliance with the undertaking. The consumer shall bear no costs for the full or partial delivery of digital content not supplied on a tangible medium if:

prior to delivery, he has not expressly agreed to commence performance of the agreement before the end of the cooling-off period;
he has not acknowledged that he loses his right of withdrawal when giving his consent; or
the entrepreneur has failed to confirm this statement from the consumer.

Article 8 – Exclusion of Right of Withdrawal The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly states this in the offer, at least in time for the conclusion of the agreement:

Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
Agreements concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content, and/or services;
Service agreements, after full performance of the service, but only if: a. the execution has begun with the express prior consent of the consumer; and b. the consumer has stated that he will lose his right of withdrawal as soon as the entrepreneur has fully performed the agreement;
Package travel as referred to in Section 7:500 BW and passenger transport agreements;
Service agreements for the provision of accommodation, if a specific date or period of performance is provided for in the agreement and other than for residential purposes, goods transport, car rental services, and catering;
Agreements with regard to leisure activities if the agreement provides for a specific date or period of performance;
Products manufactured according to the consumer’s specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products that are unsuitable for return due to health protection or hygiene reasons and of which the seal has been broken after delivery;
Products that, by their nature, are irrevocably mixed with other products after delivery;
Alcoholic beverages, the price of which was agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence;
Sealed audio, video recordings, and computer software, the seal of which has been broken after delivery;
Newspapers, journals, or magazines, with the exception of subscriptions to them;
The delivery of digital content other than on a tangible medium, but only if: a. the execution has begun with the express prior consent of the consumer; and b. the consumer has stated that he thereby loses his right of withdrawal.

Article 9 – The Price During the period of validity indicated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices are stated in the offer. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

they are the result of statutory regulations or provisions; or
the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect. The prices stated in the range of products or services include VAT.

Article 10 – Conformity and Guarantee The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also ensures that the product is suitable for 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 based on the agreement.

Article 11 – Delivery and Execution The entrepreneur will take the greatest possible care when receiving and executing product orders and when assessing applications for the provision of services. The place of delivery is the address that the consumer has made known to the company. Subject to what is stated in Article 4 of these General Terms and Conditions, the company will execute accepted orders with due speed but at least within 30 days, unless a longer period has been agreed. If the delivery is delayed or if an order cannot be executed or only partially executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation. In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 30 days after termination. If the delivery of a product that has been ordered proves impossible, the entrepreneur will endeavor to provide a replacement article. At the latest upon delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of return shipments are borne by the entrepreneur.

Article 12 – Duration Transactions: Duration, Termination, and Extension Termination: The consumer can at any time terminate an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services, observing the agreed termination rules and a notice period of up to one month. The consumer can at any time terminate an agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services at the end of the fixed term, observing the agreed termination rules and a notice period of up to one month. The consumer can the agreements mentioned in the previous paragraphs:

terminate at any time and not be limited to termination at a specific time or during a specific period;
at least terminate in the same way as they have been entered into by him;
always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension: A contract concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a certain duration. By way of derogation from the previous paragraph, a contract concluded for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a specified period of three months if the consumer is in this extended agreement may terminate with a notice period of up to one month. A contract concluded for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of up to one month. The notice period is up to three months if the contract extends to the regular delivery of daily newspapers, news, and weekly newspapers and magazines. A contract with limited duration to the regular delivery of trial or introductory packages of daily newspapers, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and ends automatically after the trial or introductory period.

Article 13 – Payment Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement. When selling products to consumers, it is not permitted to require an advance payment of more than 50%. When an advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made. The consumer has the duty to immediately report inaccuracies in provided or stated 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 consumer reasonable costs that have been made known to the consumer in advance.

Article 14 – Complaints Procedure The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure. Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution.

Article 15 – Disputes Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Disputes between the consumer and the entrepreneur about the formation or execution of agreements with regard to products and services to be delivered or delivered by this entrepreneur can be submitted to the Geschillencommissie Webshop, Postbus 90600, 2509 LP in The Hague (www.sgc.nl).

Article 16 – Additional or Deviating Provisions Additional provisions or provisions that deviate from these General Terms and Conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.