TERMS OF USE
The following definitions shall apply within these terms:
- Withdrawal timeframe: The period during which consumers may exercise their right to withdraw;
- Consumer: An individual 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 regular delivery 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 person for future reference or use (for a duration matching the information’s purpose) and enables the stored information to remain unchanged and be copied;
- Right of withdrawal: The ability of consumers to end a distance contract during the withdrawal timeframe;
- Entrepreneur: A natural person or legal entity providing consumers with products, (access to) digital content, and/or services from a distance;
- Distance contract: A contract between a trader and a consumer formed through an organized system for remote sales of products, digital content, and/or services, using distance communication technologies (in whole or part) up to and including the contract’s completion;
- Sample withdrawal form: A European model withdrawal form in Annex I of these Terms and Conditions. If the consumer has no right to withdraw from the order, Annex I need not be attached;
- Remote communication technology: A technology enabling agreement-making without the consumer and trader being in the same room at the same time.
Applicability
These general terms extend to all offers from the Trader and every distance contract between the Trader and the Consumer.
Before a distance contract is formed, the text of these Terms and Conditions will be made available to the Consumer. If this is not reasonably possible, the operator will explain how the consumer can familiarize themselves with the general terms before the contract is formed, and will send them free of charge as soon as possible upon the consumer’s request.
If the distance contract is formed electronically, notwithstanding the above, the text of these general terms may be provided to the consumer in electronic form before the contract is formed to allow review. They can be easily stored on durable data carriers. If this is not reasonably possible, a location where the general terms can be viewed electronically will be indicated before the contract is formed, and these terms will be sent electronically or via another free method upon the consumer’s request.
If specific product or service-related terms apply alongside these general terms, the second and third paragraphs will apply accordingly. In case of conflicting terms, the consumer may always rely on the applicable terms most favorable to them.
Article 4 – Offers
An offer must include a thorough, precise description of the products, digital content, and/or services on offer. The description must be detailed enough to allow the consumer to make a sound assessment of the 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 legally bind the entrepreneur.
Each offer contains information outlining the Consumer’s rights and obligations when 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 promptly confirm receipt of that acceptance in electronic form. Until the entrepreneur confirms this receipt, the consumer may end the agreement.
For electronically formed agreements, the Entrepreneur will implement appropriate technical and organizational measures to secure electronic data transmission and maintain a safe network environment. If consumers can pay electronically, the entrepreneur will take suitable security measures.
Within legal limits, the entrepreneur may assess the consumer’s ability to meet payment obligations, as well as all facts and factors relevant to responsibly forming the distance contract. If, based on this assessment, the entrepreneur has valid reasons not to form the agreement, they may reject the order or application (with an explanation) or impose special conditions for its fulfillment.
By the latest at delivery of the product, service, or digital content, the entrepreneur will send the consumer (in writing or via a format the consumer can save accessibly on a durable data carrier):
a. The address of the entrepreneur’s branch where complaints can be submitted;
b. The conditions and methods for exercising the right of withdrawal, or a clear statement excluding this right;
c. Details about guarantees and available after-sales service;
d. Prices (including all taxes and fees, where applicable), delivery costs, and the method of payment, delivery, or performance of the distance contract;
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 transactions, the above provisions apply only to the first delivery.
Right of Withdrawal
For products:
Consumers may end the purchase contract within a 14-day withdrawal period by emailing [email protected], with no need to provide a reason. Traders may ask for the reason for withdrawal but cannot force consumers to explain.
The withdrawal period starts the day after the consumer (or a third party designated by them, excluding the carrier) receives the product, or:
- For multiple products from the same order: The date the last product is received by the consumer or their designated third party. Orders for multiple products with different delivery dates may be refused if the trader clearly informs the consumer of this before ordering.
- For products delivered in batches or parts: The date the last batch or part is received by the consumer or their designated third party.
Pricing
For the duration of any promotional terms, product and/or service prices will remain unchanged, except for increases due to changes in goods and services tax rates.
Prices listed in product or service offers include VAT.
Delivery and Performance
Entrepreneurs will take extra care when accepting/fulfilling product orders and evaluating service requests.
Delivery occurs at the address provided to the Seller when the Consumer places the order.
As outlined in Article 4 of these General Terms and Conditions, accepted orders will be fulfilled immediately, but no later than 30 days—unless a different delivery date is agreed. In case of delivery delays, partial fulfillment, or inability to fulfill, consumers will be notified within 30 days of ordering. In such cases, the consumer may end the contract free of charge and claim compensation.
After such termination, the operator will immediately refund the amount paid by the consumer. Unless otherwise agreed, the Entrepreneur bears the risk of damage and/or loss of the product until it is delivered to the Consumer or their pre-designated, announced representative.
Complaints Procedure
Entrepreneurs maintain a fully transparent complaints process and handle complaints accordingly.
Complaints about contract performance must be submitted to the Operator in full and clearly, within a reasonable period after the Consumer discovers the issue.
All complaints received by the entrepreneur will be addressed within 14 days of receipt. If a longer processing time is foreseeable, the Entrepreneur will respond within 14 days to confirm receipt and indicate when a detailed response is expected.
Consumers must allow the entrepreneur at least 4 weeks to resolve complaints through mutual agreement. Beyond this period, a dispute arises, subject to dispute resolution procedures.
Article 17 – Additional or Different Conditions
Additional or different conditions to these general terms must not harm the consumer and must be recorded in writing or on a durable data carrier accessible to the consumer.