TERMS OF USE
Within these terms, the following meanings are assigned:
- Reflection period: The timeframe in which consumers are entitled to exercise their right of withdrawal.
- Consumer: An individual who acts for purposes not connected to their trade, business, craft, or profession.
- Day: A calendar day.
- Digital content: Data created and supplied in digital format.
- Permanent contract: A contract that covers the regular supply of goods, services, and/or digital content over a set period.
- Durable data carrier: Any tool, including email, that allows the consumer or entrepreneur to store information sent by an individual for future reference or use for a time that matches the information’s purpose, and enables the stored information to be kept unchanged and copied.
- Right of withdrawal: The ability of consumers to end a distance contract during the reflection period.
- Entrepreneur: An individual or legal entity that provides consumers with products, (access to) digital content, and/or services from a distance.
- Distance contract: A contract between a trader and a consumer that is made through an organized system for selling products, digital content, and/or services from a distance, using remote communication technologies in whole or in part, up to and including the formation of the contract.
- Sample withdrawal form: A standard European withdrawal form that can be found in Annex I of these Terms and Conditions. If the consumer has no right to withdraw from the order, Annex I does not need to be attached.
- Remote communication technology: A technology that allows an agreement to be reached without the consumer and trader having to meet in the same place at the same time.
Applicability
These general terms and conditions apply to every offer made by the Trader and every distance contract formed between the Trader and the Consumer.
Before a distance contract is made, the text of these Terms and Conditions will be made available to the Consumer. If this isn’t reasonably possible, the operator will explain how the consumer can become familiar with the general terms and conditions before the distance contract is formed, and will send them free of charge as soon as possible upon the consumer’s request.
If the distance contract is made electronically, despite the above, the text of these general terms and conditions may be provided to the consumer in electronic form before the contract is formed to allow them to become familiar with it. They can be easily stored on durable data carriers. If this isn’t reasonably possible, a location where the general terms and conditions can be viewed electronically will be indicated before the distance contract is formed, and these terms and conditions will be sent electronically or by another free method upon the consumer’s request.
If there are specific terms and conditions related to a product or service in addition to these general terms and conditions, the second and third paragraphs will apply accordingly. In case of conflicting terms and conditions, the consumer can always rely on the applicable terms and conditions that are most favorable to them.
Article 4 – Offers
An offer must include a full and accurate description of the products, digital content, and/or services being offered. The description must be detailed enough to allow the consumer to make a good assessment of the offered product. If the entrepreneur uses images, they must accurately represent the offered products, services, and/or digital content. Obvious errors or mistakes in the offer do not bind the entrepreneur.
Each offer contains information that informs the Consumer of the rights and obligations related to accepting the offer.
Agreement Formation
Subject to paragraph 4, the agreement is formed when the Consumer accepts the offer and meets the specified conditions.
If the Consumer accepts the offer electronically, the Seller will immediately confirm receipt of the acceptance in electronic form. Until the entrepreneur confirms receipt of this acceptance, the consumer can withdraw from the agreement.
If the agreement is formed electronically, the Entrepreneur will 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 will take appropriate security measures.
Within the legal framework, the entrepreneur may check whether the consumer will be able to meet their payment obligations, as well as all facts and factors relevant to the responsible formation of the distance contract. If, as a result of this check, the entrepreneur has legitimate reasons not to form the agreement, they have the right to reject the order or application with an explanation, or to impose special conditions for its fulfillment.
At the latest when the product, service, or digital content is delivered, the entrepreneur will send the consumer in writing or in a form that the consumer can save in an accessible way on a durable data carrier:
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 that the right of withdrawal is excluded;
c. Information about the guarantee and available after-sales service;
d. The prices, including all taxes and fees for the products, services, or digital content, where applicable, delivery costs, and the method of payment, delivery, or performance of the distance contract;
e. The requirement to terminate the contract if the contract term exceeds one year or is indefinite;
f. A sample withdrawal form if the consumer has the right to withdraw from the contract.
For forward transactions, the provisions of the previous paragraph apply only to the first delivery.
Right of Withdrawal
For products:
The consumer can terminate the contract for the purchase of the Product within the 14-day withdrawal period by sending an email to [email protected] without giving a reason. Traders can ask consumers why they are withdrawing, but they cannot force them to explain the reasons.
The withdrawal period mentioned in paragraph 1 starts the day after the consumer or a third party (other than the carrier) designated by the consumer receives the product, or:
- For multiple products purchased in the same order: the date the last product is received by the consumer or a designated third party. An order for multiple products with different delivery dates may be refused if the trader clearly informs the consumer of this before the order is placed.
- If the product is delivered in multiple batches or parts: the date the last batch or part is received by the consumer or a designated third party.
Pricing
During the validity period of preferential provisions, the prices of the provided products and/or services will not increase, except for price changes caused by a change in the rate of tax on goods and services. The price stated in the product or service offer includes VAT.
Delivery and Performance
Entrepreneurs will exercise special care when accepting and fulfilling product orders and evaluating applications for services.
The place of delivery is the address provided to the Seller when the Consumer places the order.
Taking into account the provisions of Article 4 of these General Terms and Conditions, the Entrepreneur will fulfill accepted orders immediately, but no later than within 30 days, unless a different delivery date has been agreed. If there is a delay in delivery, inability to fulfill the order, or only partial fulfillment, the consumer will be informed within 30 days of placing the order. In such cases, the consumer has the right to withdraw from the contract free of charge and receive any compensation.
After termination in accordance with the provisions of the previous paragraph, the operator will immediately refund the amount paid by the consumer. Unless explicitly agreed otherwise, the risk of damage and/or loss of the product lies with the Entrepreneur until it is delivered to the Consumer or a previously designated and announced representative of the Entrepreneur.
Complaints Procedure
Entrepreneurs have a fully open complaints procedure and handle complaints in accordance with this procedure.
Complaints about the performance of the contract 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 will be handled within 14 days of receipt. If the complaint requires a foreseeably longer processing time, the Entrepreneur will respond within 14 days, confirming receipt and indicating when the consumer can expect a more detailed response.
The consumer must give the entrepreneur at least 4 weeks to handle the complaint through mutual agreement. After this period, a dispute arises, which is subject to the dispute resolution procedure.
Article 17 – Additional or Different Conditions
Additional or different conditions to these general terms and conditions must not be detrimental to the consumer and must be recorded in writing or on a durable data carrier in a way that is accessible to the consumer.