TERMS & CONDITIONS

DEFINITIONS

In these Terms and Conditions, the following definitions apply:

1. Cooling Off Period: the period during which the consumer may exercise the right of withdrawal.
2. Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur.
3. Day: calendar day.
4. Continuing Performance Contract: a distance contract relating to a series of products and/or services for which the delivery and/or purchase obligation is spread over time.
5. Durable Medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
6. Right of Withdrawal: the consumer’s option to withdraw from the distance contract within the cooling off period.
7. Model Withdrawal Form: the model form for withdrawal made available by the entrepreneur which the consumer may complete when exercising the right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.
9. Distance Contract: an agreement concluded within the framework of an organised distance sales system for products and/or services, whereby one or more means of distance communication are used exclusively up to and including the conclusion of the agreement.
10. Means of Distance Communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being physically present in the same place at the same time.
11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

IDENTITY OF THE ENTREPRENEUR

AERORASOR

Ambachten 16A
5711 LC Someren
The Netherlands

Telephone: +31 (0)85 130 21 88
Email: info@aerorasor.com
Chamber of Commerce Number: 59852275
VAT Identification Number: NL853668255B01

APPLICABILITY

1. 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.
2. Before the distance contract is concluded, the text of these General Terms and Conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the agreement is concluded that the General Terms and Conditions are available for inspection and will be sent to the consumer free of charge upon request.
3. If the distance contract is concluded electronically, the text of these General Terms and Conditions may be made available electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, the entrepreneur will indicate where the General Terms and Conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge upon request.
4. If specific product or service conditions apply in addition to these General Terms and Conditions, paragraphs 2 and 3 shall apply accordingly. In the event of conflicting terms and conditions, the consumer may always rely on the provision that is most favourable to them.
5. If one or more provisions of these General Terms and Conditions are wholly or partially invalid or annulled at any time, the agreement and the remaining provisions will remain in force. The relevant provision will be replaced in consultation with a provision that reflects the purpose of the original provision as closely as possible.
6. Situations not covered by these General Terms and Conditions shall be assessed in accordance with the spirit of these General Terms and Conditions.
7. Any uncertainties regarding the interpretation or content of one or more provisions shall also be interpreted in accordance with the spirit of these General Terms and Conditions.

THE OFFER

1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to amend or adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description will be sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these will provide a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer will not bind the entrepreneur.
4. All images, specifications and information included in the offer are indicative and cannot give rise to compensation or termination of the agreement.
5. Product images provide a truthful representation of the products offered. The entrepreneur cannot guarantee that displayed colours exactly correspond with the actual colours of the products.
6. Every offer contains sufficient information to make clear to the consumer which rights and obligations are connected with accepting the offer. This includes, in particular:
   • the price including taxes;
   • any shipping costs;
   • the manner in which the agreement will be concluded and the actions required for this;
   • whether or not the right of withdrawal applies;
   • the methods of payment, delivery and performance;
   • the period for accepting the offer or the period during which the entrepreneur guarantees the price;
   • any applicable rate for distance communication if these costs are calculated on a basis other than the normal basic rate;
   • whether the agreement will be archived after conclusion and, if so, how the consumer can access it;
   • the way in which the consumer can check and, where necessary, correct the information supplied before concluding the agreement;
   • any languages other than English in which the agreement may be concluded;
   • any codes of conduct to which the entrepreneur is subject and how these can be consulted electronically;
   • the minimum duration of the distance contract in the event of a continuing performance contract.

THE AGREEMENT

1. Subject to paragraph 4, the agreement is concluded when the consumer accepts the offer and complies with the applicable conditions.
2. If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. Until the receipt of the acceptance has been confirmed, the consumer may terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and provide a secure online environment. If the consumer can pay electronically, appropriate security measures will also be applied.
4. Within the limits of the law, the entrepreneur may investigate whether the consumer is able to meet their payment obligations and may take into account facts and circumstances relevant to responsibly entering into the distance contract. If the entrepreneur has reasonable grounds not to enter into the agreement, they may refuse an order or request or impose special conditions on its execution.
5. The entrepreneur will provide the consumer with the following information, either in writing or in a form that can be stored on a durable medium:
   1. the physical address of the entrepreneur’s establishment where complaints can be submitted;
   2. the conditions and method for exercising the right of withdrawal or a clear statement if the right of withdrawal is excluded;
   3. information about warranties and after sales service;
   4. the information referred to in Article 4 paragraph 3, unless this has already been supplied before performance of the agreement;
   5. the requirements for terminating the agreement if it has a duration exceeding one year or an indefinite duration.
6. In the case of a continuing performance contract, paragraph 5 only applies to the first delivery.
7. Every agreement is entered into subject to sufficient availability of the relevant products.

RIGHT OF WITHDRAWAL

DELIVERY OF PRODUCTS

1. When purchasing products, the consumer has the right to withdraw from the agreement without giving reasons within a period of 14 days. This cooling off period starts on the day after the consumer, or a representative designated by the consumer, receives the product.
2. During the cooling off period, the consumer must handle the product and packaging carefully. The product may only be unpacked or used to the extent necessary to determine whether the consumer wishes to keep it. If the right of withdrawal is exercised, the consumer must return the product with all supplied accessories and, where reasonably possible, in its original condition and packaging in accordance with the entrepreneur’s reasonable and clear instructions.
3. If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product. After notifying the entrepreneur, the consumer must return the product within a further 14 days. The consumer must be able to demonstrate that the goods were returned on time, for example by means of proof of shipment.
4. If the consumer has not notified the entrepreneur within the stated period or has not returned the product, the purchase becomes final.

DELIVERY OF SERVICES

5. For services, the consumer has the right to withdraw from the agreement without giving reasons for at least 14 days from the date the agreement is concluded.
6. To exercise the right of withdrawal, the consumer must follow the reasonable and clear instructions supplied by the entrepreneur with the offer and/or no later than delivery.

COSTS IN THE EVENT OF WITHDRAWAL

1. If the consumer exercises the right of withdrawal, the consumer will bear at most the direct costs of returning the goods.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible and no later than 14 days following withdrawal. The entrepreneur may wait until the product has been received or until the consumer provides conclusive proof that the goods have been returned. Refunds will be made using the same payment method used by the consumer unless the consumer expressly agrees to another method.
3. If the product has decreased in value due to careless handling by the consumer, the consumer may be liable for the resulting reduction in value.
4. The consumer cannot be held liable for any reduction in value if the entrepreneur failed to provide all legally required information concerning the right of withdrawal before the agreement was concluded.

EXCLUSION OF THE RIGHT OF WITHDRAWAL

1. The entrepreneur may exclude the consumer’s right of withdrawal for products described in paragraphs 2 and 3. Such exclusion is valid only if this has been clearly stated in the offer or at least before conclusion of the agreement.
2. Exclusion may apply to products:
   1. manufactured according to the consumer’s specifications;
   2. which are clearly personal in nature;
   3. which by their nature cannot be returned;
   4. which can deteriorate or expire rapidly;
   5. whose price depends on fluctuations in financial markets beyond the entrepreneur’s control;
   6. individual newspapers and magazines;
   7. audio recordings, video recordings and computer software where the seal has been broken;
   8. hygienic products where the consumer has broken the seal.
3. Exclusion may apply to services:
   1. relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
   2. where performance has begun with the consumer’s express consent before expiry of the cooling off period;
   3. relating to betting and lotteries.

PRICES

1. During the validity period stated in the offer, prices will not be increased except where price changes result from changes in VAT rates.
2. Products or services whose prices depend on fluctuations in financial markets beyond the entrepreneur’s control may be offered at variable prices. Any such dependency and the fact that stated prices may be indicative will be clearly stated.
3. Price increases within three months after conclusion of the agreement are permitted only if they result from statutory regulations or provisions.
4. Price increases from three months after conclusion of the agreement are permitted only if this has been agreed and:
   1. they result from statutory regulations or provisions; or
   2. the consumer has the right to terminate the agreement from the date the price increase takes effect.
5. Prices stated for products or services include VAT.
6. All prices are subject to printing and typographical errors. The entrepreneur accepts no liability for the consequences of such errors and is not obliged to supply a product at an incorrectly stated price.

CONFORMITY AND WARRANTY

1. The entrepreneur guarantees that products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of quality and usability, and applicable statutory provisions and government regulations in force at the date of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.
2. Any warranty provided by the entrepreneur, manufacturer or importer does not affect the consumer’s statutory rights and claims against the entrepreneur.
3. Defects or incorrectly supplied products must be reported to the entrepreneur in writing within four weeks after delivery. Returned products must be returned in their original packaging and in new condition.
4. The entrepreneur’s warranty period corresponds with the manufacturer’s warranty period. However, the entrepreneur is not responsible for the ultimate suitability of products for every individual application by the consumer, nor for advice regarding their use or application.
5. The warranty does not apply if:
   • the consumer has repaired or modified the supplied products or had them repaired or modified by third parties;
   • the products have been exposed to abnormal conditions, treated carelessly, or used contrary to the entrepreneur’s instructions and/or instructions on the packaging;
   • the defect is wholly or partially the result of regulations imposed by government authorities concerning the nature or quality of materials used.

DELIVERY AND PERFORMANCE

1. The entrepreneur will exercise the greatest possible care when receiving and executing orders and when assessing requests for services.
2. The place of delivery is the address supplied by the consumer.
3. Subject to paragraph 4, accepted orders will be fulfilled with appropriate speed and no later than within 30 days unless the consumer has agreed to a longer delivery period. If delivery is delayed or an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed no later than 30 days after placing the order. In such circumstances, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation.
4. Delivery times are indicative. The consumer cannot derive rights from stated delivery times. Exceeding a delivery time does not entitle the consumer to compensation.
5. If the agreement is terminated in accordance with paragraph 3, the entrepreneur will refund the amount paid by the consumer as soon as possible and no later than 14 days following termination.
6. If delivery of an ordered product proves impossible, the entrepreneur will make reasonable efforts to provide a replacement product. The consumer will be informed clearly and understandably no later than at delivery that a replacement product is being supplied. The right of withdrawal cannot be excluded for replacement products. Any return costs in such circumstances will be borne by the entrepreneur.
7. The risk of damage and/or loss of products remains with the entrepreneur until delivery to the consumer or a representative previously designated by and made known to the entrepreneur, unless expressly agreed otherwise.

CONTINUING PERFORMANCE CONTRACTS

TERMINATION

1. The consumer may terminate an agreement concluded for an indefinite period and relating to the regular supply of products or services at any time, subject to the agreed termination rules and a notice period not exceeding one month.
2. The consumer may terminate a fixed term agreement relating to the regular supply of products or services at any time at the end of the agreed period, subject to the agreed termination rules and a notice period not exceeding one month.
3. The consumer may terminate the agreements referred to above:
   • at any time and may not be restricted to termination on a specific date or during a specific period;
   • at least in the same manner in which the agreement was entered into;
   • with the same notice period as the entrepreneur has stipulated for itself.

RENEWAL

4. A fixed term agreement involving the regular supply of products or services may not be automatically renewed for another fixed period.
5. By way of exception, a fixed term agreement for the regular supply of daily, news or weekly newspapers and magazines may be automatically renewed for a maximum fixed period of three months, provided the consumer can terminate the renewed agreement at the end of the renewal period with a notice period not exceeding one month.
6. A fixed term agreement involving the regular supply of products or services may only be automatically renewed for an indefinite period if the consumer may terminate the agreement at any time with a notice period not exceeding one month. For agreements involving newspapers or magazines supplied less than once per month, a notice period of up to three months may apply.
7. A limited term trial or introductory subscription for newspapers or magazines will not be automatically continued and will end automatically at the end of the trial or introductory period.

DURATION

8. If an agreement has a duration exceeding one year, the consumer may terminate the agreement after one year at any time with a notice period not exceeding one month, unless reasonableness and fairness prevent termination before the agreed end date.

PAYMENT

1. Unless otherwise agreed, amounts payable by the consumer must be paid within seven working days after commencement of the cooling off period referred to in Article 6. In the case of an agreement for the provision of services, this period starts after the consumer receives confirmation of the agreement.
2. The consumer is obliged to immediately report any inaccuracies in payment details supplied or stated.
3. In the event of non payment by the consumer, the entrepreneur is entitled, subject to statutory limitations, to charge reasonable costs that have been communicated to the consumer in advance.

COMPLAINTS PROCEDURE

1. The entrepreneur maintains a sufficiently publicised complaints procedure and handles complaints in accordance with that procedure.
2. Complaints concerning performance of the agreement must be submitted fully and clearly to the entrepreneur within seven days after the consumer discovers the relevant defect.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing period, the entrepreneur will respond within 14 days with confirmation of receipt and an indication of when the consumer can expect a more detailed response.
4. If a complaint cannot be resolved by mutual agreement, a dispute arises that may be subject to the applicable dispute resolution procedure.
5. Consumers should first contact the entrepreneur regarding complaints. If the online store is affiliated with Stichting WebwinkelKeur, unresolved complaints may be submitted to Stichting WebwinkelKeur for mediation. Consumers are advised to verify whether the online store has a current membership. If no solution is reached, the consumer may have the complaint considered by the independent disputes committee appointed by Stichting WebwinkelKeur. The decision of that committee is binding and both the entrepreneur and consumer agree to the binding decision. Costs may be associated with submitting a dispute to the committee and are payable by the consumer.
6. A complaint does not suspend the consumer’s obligations unless the entrepreneur confirms otherwise in writing.
7. If a complaint is considered justified by the entrepreneur, the entrepreneur may choose to replace or repair the supplied products free of charge.

DISPUTES

1. Agreements between the entrepreneur and the consumer to which these General Terms and Conditions apply are governed exclusively by Dutch law, including where the consumer resides outside the Netherlands.
2. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

ADDITIONAL OR DEVIATING PROVISIONS

Additional provisions or provisions that deviate from these General Terms and Conditions may not be detrimental to the consumer.

Such provisions must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.