TERMS OF USE
Definitions
For the purposes of these terms, the following definitions apply:
- Reflection period: The timeframe within which consumers may exercise their right to withdraw.
- Consumer: A natural person acting for purposes unrelated to their trade, business, craft, or profession.
- Day: A calendar day.
- Digital content: Data created and supplied in digital form.
- Permanent contract: A contract covering the regular supply of goods, services, and/or digital content over a specified period.
- Durable data carrier: Any tool (including email) that allows the consumer or entrepreneur to store information sent by a natural person for future reference or use for a period consistent with the information’s purpose, while preserving the stored data unchanged and enabling copies.
- Right of withdrawal: The consumer’s ability to terminate a distance contract during the reflection period.
- Entrepreneur: A natural or legal person offering consumers products, (access to) digital content, and/or services at a distance.
- Distance contract: A contract between a trader and a consumer formed through an organized system for selling products, digital content, and/or services remotely, using distance communication technologies in whole or in part, up to and including the contract’s conclusion.
- Sample withdrawal form: A standard European withdrawal form available in Annex I to these terms. If the consumer has no right to withdraw from the order, Annex I is not required.
- Distance communication technology: Technology enabling agreement-making without the consumer and trader being in the same location at the same time.
Applicability
These general terms and conditions apply to all offers made by the Entrepreneur and all distance contracts entered into by the Entrepreneur and the Consumer.
Before a distance contract is formed, the Consumer will be provided with a copy of these terms. If this is not reasonably feasible, the Entrepreneur will specify how the terms can be reviewed before the contract is concluded and will send them free of charge upon the Consumer’s request, as soon as possible.
For electronically concluded contracts, the terms may be made available to the Consumer in electronic form before the contract is formed, to allow review and easy storage on a durable data carrier. If this is not reasonably possible, the Entrepreneur will indicate an electronic location where the terms can be viewed before the contract is concluded and will send them electronically or via another free method upon the Consumer’s request.
If specific product or service terms apply in addition to these general terms, the above provisions apply accordingly. In case of conflicting terms, the Consumer may always rely on the terms most favorable to them.
Article 4 – Offers
An offer must include a full, accurate description of the products, digital content, and/or services offered—detailed enough to allow the Consumer to assess the offer properly. If the Entrepreneur uses images, they must truthfully represent the offered products, services, and/or digital content. Obvious errors or inaccuracies in the offer are not binding on the Entrepreneur.
Every offer must include information about the rights and obligations associated with accepting it.
Contract Formation
Unless paragraph 4 applies, the contract is formed when the Consumer accepts the offer and meets the specified conditions.
If the Consumer accepts the offer electronically, the Entrepreneur will immediately confirm receipt of this acceptance electronically. Until this confirmation is sent, the Consumer may withdraw from the contract.
For electronically concluded contracts, the Entrepreneur will implement appropriate technical and organizational measures to secure electronic data transmission and maintain a safe network environment. If electronic payment is available, the Entrepreneur will take suitable security precautions.
Within legal limits, the Entrepreneur may verify the Consumer’s ability to meet payment obligations and other factors relevant to responsibly forming the distance contract. If this review reveals legitimate reasons to decline the contract, the Entrepreneur may reject the order or application (with explanation) or impose special conditions for fulfillment.
No later than when the product, service, or digital content is delivered, the Entrepreneur will provide the Consumer (in writing or via a format that can be saved on a durable data carrier) with:
a. The address of the Entrepreneur’s location where complaints can be submitted;
b. Conditions and procedures for exercising the right of withdrawal, or a clear statement that withdrawal is not permitted;
c. Information about guarantees and available after-sales service;
d. Prices (including all taxes, applicable fees, delivery costs) and details on payment, delivery, or contract performance;
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 contracts, the above applies only to the first delivery.
Right of Withdrawal
For products:
The Consumer may cancel the product purchase contract within the 14-day reflection period by emailing [email protected], with no requirement to provide a reason. The Entrepreneur may request the reason for withdrawal but cannot require it.
The reflection period starts:
- For single products: The day after the Consumer or a third party (other than the carrier) designated by the Consumer receives the product.
- For multiple products from the same order: The day the last product is received by the Consumer or their designated third party. (The Entrepreneur may specify that orders with multiple products on different delivery schedules cannot be withdrawn as a whole, provided this is clearly stated before the order is placed.)
- For products delivered in batches or parts: The day the last batch or part is received by the Consumer or their designated third party.
Pricing
During promotional periods, product and/or service prices will not increase, except for changes resulting from adjustments to goods and services tax rates.
Prices in product or service offers include VAT.
Delivery and Performance
The Entrepreneur will exercise due care in accepting, processing, and fulfilling product orders and evaluating service requests.
The delivery location is the address provided by the Consumer when placing the order.
As outlined in Article 4, the Entrepreneur will fulfill accepted orders promptly, no later than 30 days, unless a different delivery date is agreed. If delivery is delayed, the order cannot be fulfilled, or only partially fulfilled, the Consumer will be notified within 30 days of ordering. In such cases, the Consumer may cancel the contract free of charge and claim compensation.
After cancellation under the above provision, the Entrepreneur will immediately refund any amounts paid by the Consumer. Unless otherwise agreed, the Entrepreneur bears the risk of damage to or loss of the product until it is delivered to the Consumer or their designated representative.
Complaints Procedure
The Entrepreneur maintains an open complaints process and handles complaints in accordance with it.
Complaints about contract performance must be submitted to the Entrepreneur in full and clearly, within a reasonable time after the Consumer discovers the issue.
Complaints sent to the Entrepreneur will be addressed within 14 days of receipt. If a longer processing time is needed, the Entrepreneur will acknowledge receipt within 14 days and indicate when a detailed response can be expected.
The Consumer must allow the Entrepreneur at least 4 weeks to resolve the complaint through mutual agreement. After this period, any unresolved issue becomes a dispute subject to dispute resolution procedures.
Article 17 – Additional or Different Terms
Additional or different terms to these general conditions must not be detrimental to the Consumer and must be documented in writing or on a durable data carrier in a format accessible to the Consumer.