Index:

• Article 1 – Definitions
• Article 2 – Identity of the Store
• Article 3 – Applicability
• Article 4 – The Offer
• Article 5 – The Contract
• Article 6 – Right of Withdrawal
• Article 7 – Consumer’s Obligations in Case of Withdrawal
• Article 8 – Costs in Case of Withdrawal
• Article 9 – Store’s Obligations in Case of Withdrawal
• Article 10 – Exclusion of the Right of Withdrawal
• Article 11 – Price
• Article 12 – Contract Execution and Extra Warranty
• Article 13 – Delivery and Execution
• Article 14 – Duration and Termination of the Agreement
• Article 15 – Payment
• Article 16 – Complaints Procedure
• Article 17 – Disputes
• Article 18 – Additional or Deviating Provisions

Article 1 – Definitions

For the purposes of these terms and conditions:

• Supplementary Agreement: an agreement in which a consumer acquires products, digital content, and/or services in connection with a distance contract, and a store or a third party supplies these products, digital content, and/or services under the agreement between the third party and the store.
• Withdrawal Period: the period within which a consumer can exercise the right of withdrawal.
• Consumer: a natural person who is acting for purposes which are outside their trade, business, craft, or profession.
• Day: calendar day.
• Digital Content: data that is produced and supplied in digital form.
• Durable Medium: any means, including e-mails, that allows a consumer or store to store information addressed personally to them in a way that future access and unchanged reproduction of the stored information is possible.
• Right of Withdrawal: the ability for a consumer to dissolve a distance contract within the withdrawal period.
• Store: a natural or legal person who offers products, (access to) digital content, and/or services to consumers from a distance.
• Distance Contract: a contract concluded between a store and a consumer in the context of an organized system for distance selling of products, digital content, and/or services, where, up to and including the moment the contract is concluded, exclusive or partial use is made of one or more techniques for distance communication.
• Technique for Distance Communication: means that can be used for communication regarding the offer from the store and the conclusion of a contract without the consumer and store being in the same place simultaneously.

Article 2 – Identity of the Store

• Store: 805
• Business Address: Schiedamseweg Beneden 551 D, Rotterdam, Netherlands
• Email: [email protected]
• Chamber of Commerce Number: 59852607
• VAT Number: NL201866250B01

Article 3 – Applicability

1. These general terms and conditions apply to every offer from the store and to every distance contract concluded between a store and a consumer.
2. Before a 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 store will indicate, before the distance contract is concluded, where the general terms and conditions can be viewed and that they will be sent to the consumer free of charge upon request.
3. If the distance contract is concluded electronically, the general terms and conditions will 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 store will indicate, before the distance contract is concluded, where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge upon request.
4. In cases where specific product or service-related conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and the consumer may always invoke the most favorable applicable provision in the event of conflicting conditions.

Article 4 – The Offer

1. If an offer has a limited validity period or is made under certain conditions, this will be explicitly stated in the offer.
2. The offer includes a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the store uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the store.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 – The Contract

1. The contract is concluded at the moment of acceptance of the offer by the consumer and compliance with the conditions stipulated therein.
2. If the consumer has accepted the offer electronically, the store will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer may dissolve the contract.
3. If the contract is concluded electronically, the store will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the store will take appropriate security measures.
4. The store may, within legal frameworks, obtain information about the consumer’s ability to meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If the store has good reasons based on this investigation not to enter into the contract, it is entitled to refuse an order or request or to attach special conditions to the execution.
5. The store will provide the consumer with the following information, at the latest upon delivery of the product, service, or digital content, in writing or in such a way that the consumer can store it on a durable medium:
   a. the visiting address of the store’s business establishment where the consumer can lodge 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 on warranties and existing after-sales services;
   d. the price, including all taxes, of the product, service, or digital content; any delivery costs; and the method of payment, delivery, or execution of the distance contract;
   e. the requirements for terminating the contract if the contract 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.
6. In the case of a long-term contract, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of Withdrawal

1. When purchasing products, the consumer has the option to dissolve the contract without giving any reason for at least 14 days. The store may ask the consumer for the reason for withdrawal, but may not require the consumer to state their reason(s).
2. The withdrawal period referred to in paragraph 1 begins on the day after the consumer receives the product, or:
   a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, receives the last product. The store may, provided it has clearly informed the consumer before the ordering process, refuse an order for multiple products with different delivery times;
   b. if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by them, receives the last shipment or part;
   c. in the case of agreements for regular delivery of products over a specified period: the day on which the consumer, or a third party designated by them, receives the first product.
3. In the case of the delivery of services and digital content that is not delivered on a tangible medium:
   a. The consumer has the option to dissolve the contract without giving any reason for at least 14 days. The store may ask the consumer for the reason for withdrawal, but may not require the consumer to state their reason(s).
   b. The withdrawal period referred to in paragraph 1 begins on the day following the conclusion of the contract.

Article 7 – Consumer’s Obligations in Case of Withdrawal

1. If the consumer exercises their right of withdrawal, they must notify the store within the withdrawal period using the model withdrawal form or another unequivocal method.
2. The consumer must return the product as soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1. The consumer has complied with the return period if they return the product before the withdrawal period has expired.
3. The consumer bears the costs of returning the products unless the store has offered to bear these costs.

Article 8 – Costs in Case of Withdrawal

1. If the consumer exercises their right of withdrawal, they shall bear the maximum cost of returning the product.
2. The store may charge the consumer for the reasonable costs of returning the product if these costs are borne by the consumer.

Article 9 – Store’s Obligations in Case of Withdrawal

1. The store shall reimburse all payments from the consumer, including any delivery costs charged by the store for the returned product, promptly and in any case within 14 days following the day on which the store receives the notification of withdrawal. The store may wait to refund until it has received the product back or until the consumer has provided proof of having returned the product, whichever is earlier.
2. In the case of an agreement for the supply of services and digital content that is not delivered on a tangible medium, the costs charged to the consumer after the withdrawal of the contract are calculated unless otherwise agreed.

Article 10 – Exclusion of the Right of Withdrawal

The right of withdrawal is excluded for the following products:

• a. those made according to the consumer’s specifications;
• b. those that can spoil quickly or have a limited shelf life;
• c. sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
• d. products that, by their nature, are irreversibly mixed with other products after delivery;
• e. digital content that is not delivered on a tangible medium if the execution has begun with the consumer’s express prior consent and acknowledgment that they lose their right of withdrawal.

Article 11 – Price

1. During the period mentioned in the offer, the prices of the offered products and services shall not be increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding the previous paragraph, the store may offer products or services with variable prices, subject to fluctuations in the financial market that the store cannot influence. This binding to fluctuations and the fact that any stated prices are target prices are mentioned in the offer.
3. The prices mentioned in the offer of products or services include VAT.

Article 12 – Contract Execution and Extra Warranty

1. The store guarantees that the products comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations on the date of the conclusion of the contract.
2. An extra warranty is only provided by the store if it is expressly stated in the offer. An extra warranty means any commitment from the store that goes beyond the legal obligations in case of a defect in the fulfillment of the contract.

Article 13 – Delivery and Execution

1. The store will take the utmost care in receiving and executing orders for products.
2. The place of delivery is the address provided by the consumer to the store.
3. The store will execute the accepted orders as soon as possible, but no later than 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed of this within 30 days after the order was placed. In that case, the consumer has the right to dissolve the contract at no cost.
4. After dissolution in accordance with the previous paragraph, the store will promptly refund the amount paid by the consumer.
5. If the delivery of an ordered product is found to be impossible, the store will make every effort to provide a replacement product. At the latest, upon delivery, it will be clearly stated that a replacement product is being delivered. The right of withdrawal cannot be excluded for replacement products. The costs of any return shipment are borne by the store.

Article 14 – Duration and Termination of the Agreement

1. The consumer can terminate an agreement entered into for an indefinite period at any time, with due observance of the agreed termination rules and a notice period of no more than one month.
2. The consumer can terminate a contract entered into for a fixed period at any time against the end of the fixed period, with due observance of the agreed termination rules and a notice period of no more than one month.

Article 15 – Payment

1. Payment must be made according to the payment methods offered by the store, as indicated on the store’s website.
2. The consumer must make the payment within 14 days of the dissolution of the contract, unless otherwise agreed.

Article 16 – Complaints Procedure

1. The store has a sufficiently publicized complaints procedure and handles the complaint according to this complaints procedure.
2. Complaints about the execution of the contract must be submitted to the store fully and clearly described within a reasonable time after the consumer has discovered the defects.

Article 17 – Disputes

1. Contracts between the store and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
2. Disputes arising from the contract can be submitted to the competent court.

Article 18 – Additional or Deviating Provisions

1. Additional or deviating provisions may not be to the disadvantage of the consumer.