TERMS OF USE
Definitions
- Reflection Period: Time for consumers to exercise withdrawal rights.
- Consumer: Non-commercial natural person.
- Day: Calendar day.
- Digital Content: Digitally provided data.
- Permanent Contract: Regular delivery of goods/services/digital content over a period.
- Durable Data Carrier: Tool (e.g., email) for unchanged storage of information.
- Right of Withdrawal: Consumers may end distance contracts during the reflection period.
- Entrepreneur: Entity/person providing products/digital content/services remotely.
- Distance Contract: Contract using remote communication (no in-person meeting).
- Sample Withdrawal Form: In Annex I (not required if withdrawal rights don’t apply).
- Remote Communication Technology: Enables agreements without in-person meetings.
Applicability
These terms apply to all offers and distance contracts. Consumers access terms before contracting (digitally for electronic contracts). Specific product terms follow the same rules; in conflicts, consumers use the most favorable terms.
Article 4 – Quotation
Offers have full, accurate descriptions (with true images if used). Obvious errors don’t bind the entrepreneur. Offers state acceptance rights/obligations.
Agreement Conclusion
Agreement forms when the consumer accepts the offer. For electronic acceptance, the entrepreneur confirms receipt; consumers may withdraw before this. Electronic agreements have secure transmission/payment. The entrepreneur may check payment ability and reject orders with justification.
By delivery, the entrepreneur provides (storable form): complaint address, withdrawal conditions, guarantee info, prices (taxes/delivery included), termination rules (long/indefinite contracts), and a withdrawal form (if applicable). For forward transactions, this applies to the first delivery.
Right of Withdrawal (Products)
Consumers may end product contracts within 14 days via email (no reason needed). Period starts on receipt (last item for multiple products, last batch for batched items).
Pricing
Prices don’t rise during offers (except tax changes) and include VAT.
Delivery and Performance
Orders are fulfilled within 30 days (or agreed dates). Delays/partial fulfillment are communicated within 30 days; consumers may withdraw for refunds. Delivery to provided address; entrepreneur bears risk until delivery.
Complaints Procedure
Complaints are submitted clearly within a reasonable time. The entrepreneur responds within 14 days (or confirms receipt with a timeline for longer cases). 4 weeks for resolution; unresolved issues go to dispute resolution.
Additional Conditions
Must not harm consumers and be accessible.