General Terms and Conditions

Article 1 - Definitions
Article 2 - Entrepreneur identity
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in the event of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Compliance and warranty
Article 11 - Delivery and execution
Article 12 - Continuing transactions: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or different provisions

Article 1 - Definitions

The following definitions apply in these conditions:

Reflection period: the period within which the consumer can make use of his right of withdrawal.
Consumer: the person who isn't acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
Day: Calendar day.
Duration transaction: a distance contract relating to a series of products and/or services of which the obligation to supply and/or purchase is spread over time.
Durable data carrier: any means that enables the consumer or trader to store information addressed personally to him in a way that makes future consultation and unaltered reproduction of the stored information possible.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period.
Model form: the model withdrawal form which the trader makes available for the consumer to complete when he wishes to make use of his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance.
Distance contract: an agreement whereby sole use is made of one or more techniques for distance communication within the framework of a system organised by the trader for the distance sale of products and/or services, up to and including the moment that the agreement is concluded.
Technology for remote communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room, at the same time.
Terms and Conditions: The present Terms and Conditions of the Entrepreneur.

Article 2 - Entrepreneur identity

Zelesta
Ariaweg 7E
3816 HG Amersfoort
The Netherlands

KVK: 83117083
BTW: NL862734800B01

Article 3 - Applicability

These terms and conditions apply to every offer made by the trader and to every distance contract and order that is concluded between the trader and the consumer.
Before the distance agreement is concluded, the content of these general conditions shall be available to the consumer. If this isn't possible, before the agreement is concluded, it will be indicated that the general conditions can be inspected at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible, at the consumer's request.
If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them. If this isn't possible, prior to the conclusion of the distance agreement, it will be indicated where the general terms and conditions can be found and that they'll be sent to the consumer free of charge, at his request, either electronically or in another way.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and, in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favourable to him.
If one or more provisions in these general terms and conditions are null and void or annulled partly or fully at any time, the agreement and these terms and conditions will remain in force for the rest and the provision in question will be replaced without delay, in mutual consultation, by a provision that approximates the meaning of the original provision as closely as possible.
Situations that aren't regulated in these general terms and conditions are to be assessed "in the spirit" of these general terms and conditions.
Any ambiguity regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted "in the spirit" of these terms and conditions.

Article 4 - The offer

If an offer is of limited duration or is made subject to conditions, this shall be clearly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a true reflection of the products and/or services. Obvious mistakes in the offer don't bind the entrepreneur.
All images, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the contract.
Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colours shown correspond 100% in real life.
Each offer contains such information that it's clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

the price including taxes;
the cost of shipment;
how the agreement will be concluded and what actions are required for this;
the applicability of the right of withdrawal;
the method of payment, delivery and execution of the agreement;
the period for accepting the offer, or the period within which the entrepreneur offers a specific price;
the level of the rate of distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the contract is archived after its conclusion and, if so, how it can be accessed by the consumer;
how the consumer, before concluding the contract, can check the data provided by him in the context of the contract and, if desired, correct them;
any other languages besides Dutch in which the agreement may be concluded;
the codes of conduct to which the trader is subject and how the consumer can consult these codes of conduct electronically;
the minimum duration of the distance contract in the case of an extended transaction.

Article 5 - The Agreement

The agreement is concluded, subject to that which is stipulated in article 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated are fulfilled.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the purchase electronically. As long as this acceptance hasn't been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate safety measures.
The entrepreneur can, within legal frameworks, acquaint himself with the ability of the consumer to meet his payment obligations, as well as factors that are important for the conclusion of the distance contract. Based on this investigation, if the entrepreneur has a reason not to agree, he's entitled to refuse an order or impose additional requirements.
The entrepreneur will include the following information with the product or service, in writing or in such a way that the consumer has access to it:

the address of the trader's business establishment where the consumer can lodge complaints;
the conditions on which and how the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
the information on guarantees and existing after-sales services;
the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the implementation of the agreement;
the requirements for cancelling the agreement if the agreement has a duration of more than one year or is indefinite. In the event of an extended transaction, the provision in the previous paragraph shall apply only to the first delivery;
Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

On delivery of products:

When purchasing a product, the consumer has the possibility of dissolving the contract, without giving reasons, for 14 days. This reflection period starts on the day after delivery of the product to the consumer or a representative who has previously been designated by the consumer and announced to the entrepreneur.
During the reflection period, the consumer will treat the product and its packaging with care. He will only unpack or use the product to the necessary extent to decide whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and, if possible, in the original condition and packaging to the entrepreneur, according to the provided instructions.
When the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after the delivery of the product. The consumer must communicate this through email. After the consumer has made known that he wishes to make apply his right of withdrawal, the customer must return the product within 14 days. The consumer has to prove that the delivered goods have been returned in time, for example through proof of sending.
If, after the expiry of the periods specified in paragraphs 2 and 3, the customer hasn't communicated his intention to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is irreversible.

In case of provision of services:

When providing services, the consumer has the option of dissolving the contract without giving reasons for at least 14 days starting on the day of concluding the contract.
To make use of his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest at the time of delivery.

Article 7 - Costs in the event of withdrawal

If the consumer makes use of his right of withdrawal, he shall bear no more than the cost of returning the goods.
If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after the withdrawal. This is subject to the condition that the product has already been received by the merchant or that conclusive proof of the complete return can be provided. Reimbursement will be made via the same payment method used by the consumer unless the consumer explicitly agrees to a different payment method.
If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any reduction in value of the product.
The consumer cannot be held liable for any reduction in the value of the product if the trader hasn't provided all the information required by law regarding the right of withdrawal; this must be done prior to conclusion of the purchase contract.

Article 8 - Exclusion of the right of withdrawal

The entrepreneur can exclude the consumer from the right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:

that have been offered by the entrepreneur in accordance with the specifications of the consumer;
which are clearly personal in nature;
which can't be returned due to their nature;
which may deteriorate or age rapidly;
whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal;
for hygienic products of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

concerning accommodation, transport, catering or leisure activities to be performed on a certain date or during a certain period;
of which the delivery has started with the express consent of the consumer before the period for reflection has expired;
on bets and lotteries.

Article 9 - The price

During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the entrepreneur's control, at variable prices. This link to fluctuations and the fact that any prices mentioned are recommended prices will be stated with the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they're the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:

they are the result of statutory regulations or provisions or the consumer is authorised to terminate the contract on the day on which the price increase takes effect.
the prices mentioned in the offer of products or services include VAT.
all prices are subject to printing and typesetting errors. No liability is accepted for the consequences of misprints and typesetting errors. In the event of misprints, the entrepreneur isn't obliged to deliver the product at the incorrect price.

Article 10 - Compliance and warranty

The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory provisions and/or government regulations that existed on the date that the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer may assert against the trader on the basis of the contract.
Any product defects must be reported to the entrepreneur in writing within 2 months after delivery. The products must be returned in their original packaging and in new condition.
The entrepreneur's guarantee period corresponds to the manufacturer's guarantee period. However, the trader is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The guarantee does not apply if:

the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
the inadequacy is wholly or partially the result of regulations which the government has laid down or will lay down with regard to the nature or quality of the materials used.

Article 11 - Delivery and execution

The entrepreneur will take the greatest possible care when receiving and processing orders for products or services.
The delivery destination is the address which the consumer has indicated to the company.
Subject to what is stated in paragraph 4 of this article, the company will process orders as soon as possible but not later than within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer shall be informed about this within 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer isn't entitled to compensation.
All delivery periods are indicative. The consumer cannot derive any rights from any delivery dates mentioned. Exceeding a term doesn't entitle the consumer to compensation.
In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. The fact that a replacement article is being delivered will be reported in a clear and comprehensible manner, at the latest upon delivery. The right of withdrawal cannot be excluded with replacement articles. The cost of any return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a representative previously designated and announced to the entrepreneur, unless otherwise expressly agreed.

Article 12 - Continuing transactions: duration, termination and renewal

Termination

The consumer may terminate a contract for an indefinite period, which extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice of up to one month.
The consumer may terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed term in compliance with the applicable termination rules and a period of notice that does not exceed one month.
The consumer can cancel the agreements mentioned in the previous paragraphs:

at any time and shall not be limited to termination at a specific time or during a specific period.
at least in the same manner as they were entered into by him.
always terminate the contract with the same notice period that the entrepreneur has stipulated for himself.

Extension

A contract for a definite period of time, which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time.
Contrary to the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a maximum period of three months, if the consumer has the right to terminate this renewed contract at the end of the renewal period, with a period of notice that doesn't exceed one month.
A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically prolonged for an indefinite period of time if the consumer has at all times the right to terminate, with a period of notice that doesn't exceed one month and a period that doesn't exceed three months if the contract is to regularly supply daily or weekly newspapers or magazines, but less than once a month.
An agreement with a limited duration for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall end automatically at the end of the trial or introductory period.

Duration

If a contract has a duration of more than one year, after one year the consumer may at any time terminate with a notice of up to one month, unless reasonableness and fairness dictate otherwise.

Article 13 - Payment

As far as no other date has been agreed, sums payable by the consumer should be paid within 7 working days after the start of the reflection period, as referred to in article 6, paragraph 1. In case of an agreement for the provision of a service, this period starts after the consumer has received the confirmation of the agreement.
The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.
In the event of non-payment on the part of the consumer, and subject to legal restrictions, the entrepreneur is entitled to charge the consumer for any reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure

The entrepreneur has a sufficiently publicised complaints procedure and deals with the complaint by this complaints procedure.
Complaints about the performance of the contract must be submitted to the entrepreneur in a complete and clearly defined way within two months after the consumer has noticed a defect.
Complaints submitted to the entrepreneur shall be answered within 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be solved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
In case of complaints, a consumer should first turn to the entrepreneur. If complaints cannot be resolved by mutual agreement, the consumer should contact a third party such as the European ODR platform (http://ec.europa.eu/odr). Please, note that there are costs associated with filing a complaint.
A complaint doesn't suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.
The Vienna Sales Convention shall not apply.

Article 16 - Additional or different provisions

Additional or different conditions shouldn't be disadvantageous to the consumer and should be documented so that the consumer can access them at all times.

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