General terms and conditions of business
General Terms and Conditions Pretenoras
Article 1 - Definitions
The following definitions apply in these Terms and Conditions:
Cooling-off period: the period within which the consumer may exercise his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who concludes a distance contract with the trader;
Day: calendar day;
Continuous transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase of which is staggered over time;
Durable medium: any means enabling the consumer or trader to store information addressed personally to him in a way that allows future consultation and unaltered reproduction of the information stored.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers goods and/or services to consumers by distance selling;
Distance contract: an agreement whereby, within the framework of a system organised by the trader for the distance sale of goods and/or services, one or more means of distance communication are used exclusively up to the conclusion of the agreement;
Distance communication technology: means that can be used to conclude a contract without the consumer and the trader being in the same room at the same time.
Article 2 - General Terms and Conditions:
These General Terms and Conditions of the Entrepreneur. To receive these details, please send a request to info@pretenoris.de
Article 3 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before the conclusion of the distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed that the general terms and conditions are available for inspection at the entrepreneur's business premises before the conclusion of the distance contract, and they will be sent to the consumer free of charge upon request as soon as possible.
Where the distance contract is concluded electronically, the text of these general terms and conditions may, notwithstanding the previous paragraph and before the conclusion of the distance contract, be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium.
Where this is not reasonably possible, the consumer shall be informed before the conclusion of the distance contract where the general terms and conditions can be viewed electronically and that they will be sent electronically or by other means free of charge at the consumer's request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision most favorable to him.
Should one or more provisions of these General Terms and Conditions be invalid or void at any time, in whole or in part, the remainder of the contract and these General Terms and Conditions shall remain in force and the provision in question shall be replaced immediately by mutual agreement with a provision that comes as close as possible to the meaning and purpose of the original provision.
Situations not provided for in these General Terms and Conditions shall be assessed "in the spirit" of these General Terms and Conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our General Terms and Conditions shall be interpreted "in the spirit" of these General Terms and Conditions.
Article 4 - The offer
If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
This offer is subject to change. The entrepreneur reserves the right to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly evaluate the offer. If the entrepreneur uses images, these represent a true representation of the products and/or services offered. Obvious errors or obvious mistakes in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and cannot be a reason for compensation or termination of the agreement.
Product images are a true representation of the products offered. The entrepreneur cannot guarantee that the colors depicted exactly match the actual colors of the products.
Each offer contains information that clearly indicates to the consumer the rights and obligations associated with accepting the offer. This includes, in particular: the price, excluding customs clearance fees and import VAT. These additional costs are borne by and at the customer's risk. The postal and/or courier service will apply the special rules for postal and courier services regarding imports. This rule applies when the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service will collect VAT (together with customs clearance fees, if applicable) from the recipient of the goods;
any shipping charges;
the manner in which the contract is concluded and the actions required for that purpose;
whether the right of withdrawal is applicable or not;
the manner of payment, delivery and performance of the contract;
the period for acceptance of the offer or the period within which the trader guarantees the price;
the amount of the distance communication tariff if the costs of using the distance communication technology are calculated on a basis other than the regular basic tariff for the means of communication used;
whether the agreement is archived after its conclusion and, if so, how it can be consulted by the consumer;
the manner in which the consumer can check, before the conclusion of the contract, the information he has provided in the contract and, if he so wishes, all languages other than Dutch in which the contract can be concluded;
the codes of conduct to which the trader is subject and the manner in which the consumer can consult those codes of conduct electronically; and
the minimum term of the distance contract in the case of a term transaction.
Optional: available sizes, colors, type of materials.
Article 5 - The Agreement
Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.
If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance of the offer electronically. Until the trader confirms receipt of this acceptance, the consumer may terminate the contract.
If the contract is concluded electronically, the trader must take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure internet environment. If the consumer can pay electronically, the trader must take appropriate security measures.
The trader may, within the legal framework, obtain information about whether the consumer can meet his payment obligations, as well as about all the facts and factors that are important for a responsible conclusion of the distance contract.
If, on the basis of this investigation, the entrepreneur has good reasons not to conclude the contract, he is entitled to refuse an order or application or to make the execution subject to special conditions, stating the reasons.
The trader shall provide the consumer with the following information with the goods or services, in writing or in such a way that it can be stored by the consumer on a durable medium:
1. the contact address of the trader’s establishment to which the consumer can address complaints;
2. the conditions and manner in which the consumer may exercise the right of withdrawal or a clear reference to the exclusion of the right of withdrawal;
3. information on warranties and existing customer services;
4. the information contained in Article 4(3) of these terms and conditions, unless the trader has already provided this information to the consumer before the conclusion of the contract
5. the conditions for termination of the contract if the contract has a term of more than one year or is concluded for an indefinite period.
In the case of a term transaction, the provision in the previous paragraph applies only to the first delivery.
Each contract is concluded subject to the suspensive condition of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option to terminate the contract without giving any reason within a period of 14 days. This cooling-off period begins on the day following receipt of the product by the consumer or a representative previously designated by the consumer and notified to the trader.
During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product to the entrepreneur with all supplied accessories and, if possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The consumer should notify this in writing/by email. After declaring their wish to exercise their right of withdrawal, the consumer must return the goods within 14 days. The consumer must provide evidence that the delivered goods were returned in a timely manner, for example, by providing proof of shipment.
If the customer does not know If the customer has not exercised his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods referred to in paragraphs 2 and 3, the purchase is a fact.
If you refuse the package upon delivery, we unfortunately cannot issue a refund. Refusing a package is not covered by our standard return policy because the product is not returned to us in the prescribed manner.
To be eligible for a refund, we ask that you return the package following the specified return procedure. This ensures that the item arrives in good condition and that we can process your return request.
Article 7 - Costs in case of withdrawal
If the consumer exercises his right of withdrawal, the costs for returning the goods shall be borne by him.
If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after the cancellation. This is subject to the condition that the goods have already been returned to the trader or conclusive proof of complete return can be provided.
Article 8 - Exclusion of the right of withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for the products 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 or at least in good time before the conclusion of the contract.
The exclusion of the right of withdrawal is only possible for products:
1. which were manufactured by the trader according to the consumer’s specifications;
2. which are clearly of a personal nature
3. which cannot be returned due to their nature
4. that spoil or age quickly
5. whose price is subject to fluctuations on the financial market over which the trader has no influence;
6. for individual newspapers and magazines
7. for audio and video recordings and computer software whose seal has been broken by the consumer
8. for hygiene products where the consumer has broken the seal.
An exclusion of the right of withdrawal is only possible for services
1. which concern accommodation, transport, catering or leisure activities to be provided on a specific day or during a specific period;
2. the delivery of which began with the express consent of the consumer before the expiry of the withdrawal period;
3. concerning betting and lotteries.
Article 9 - The Price
During the period of validity specified in the offer, the prices of the products and/or services offered may not be increased, except for price changes due to changes in VAT rates.
By way of derogation from the previous paragraph, the trader may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market over which the trader has no control. This connection with fluctuations and the fact that the prices mentioned are indicative prices shall be mentioned in the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they result from legal regulations or provisions.
Price increases from 3 months after conclusion of the contract are only permissible if the entrepreneur has prescribed them and:
1. they are based on statutory provisions or regulations; or
2. the consumer is entitled to terminate the contract on the day on which the price increase takes effect.
The place of supply, as defined in Article 5(1) of the Value Added Tax Act 1968, is the country in which the transport begins. In this case, this supply takes place outside the EU. The postal or courier service then collects the import VAT or handling fees from the customer. Consequently, the trader does not charge VAT.
All prices are subject to printing errors. No liability is assumed for the consequences of printing or typesetting errors. In the event of printing errors, the entrepreneur is not obligated to deliver the goods at the incorrect price.
Special additional handling costs and/or import duties are not included in the price and are to be borne by the customer.
Article 10 - Compliance and Guarantee
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of suitability and/or usability, and the legal provisions and/or government regulations existing at the time of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal.
A guarantee provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader on the basis of the contract.
Defective or incorrectly delivered products should be reported to the entrepreneur in writing within 14 days of delivery. Products should be returned in their original packaging and in new condition.
The entrepreneur's warranty period corresponds to the factory warranty period. However, the entrepreneur 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 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 deficiency is wholly or partly the result of official regulations or regulations to be issued concerning the nature or quality of the materials used.
Article 11 - Delivery and execution
The entrepreneur will exercise the greatest possible care when accepting and executing product orders.
The place of delivery is the address that the consumer has communicated to the company.
Subject to the provisions of Article 4 of these General Terms and Conditions, the company will execute accepted orders as quickly as possible, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or an order cannot be executed or can only be partially executed, the consumer will be notified no later than 30 days after the order has been placed. In this case, the consumer has the right to terminate the contract free of charge and without any right to compensation.
In the event of termination in accordance with the previous paragraph, the trader shall refund the amount paid by the consumer as soon as possible and at the latest within 14 days after termination.
If delivery of an ordered product proves impossible, the entrepreneur will endeavor to deliver a replacement item. At the latest upon delivery, it will be clearly and understandably indicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of return shipment are borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or to a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Term of the transactions: duration, termination and extension
termination
The consumer may terminate a contract for the regular supply of goods (including electricity) or the provision of services for an indefinite period at any time, subject to compliance with the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term contract for the regular supply of goods (including electricity) or the provision of services at any time at the end of the fixed term, subject to compliance with the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the contracts referred to in the preceding paragraphs:
terminate at any time and not be limited to termination at a particular time or during a particular period;
terminate it at least in the same way as he concluded it;
always terminate with the same notice period that the entrepreneur has set for himself.
renewal
A fixed-term contract for the regular supply of goods (including electricity) or the provision of services may not be automatically extended or renewed for a fixed term.
Notwithstanding the previous paragraph, a fixed-term contract for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term of no more than three months, provided that the consumer may terminate that renewed contract at the end of the renewal period by giving no more than one month's notice.
A fixed-term contract for the regular supply of goods or the provision of services may be tacitly renewed for an indefinite period only if the consumer may terminate the contract at any time by giving a notice period of no more than one month, which may not exceed three months if the contract concerns the regular supply of daily or weekly newspapers and magazines, but less than once a month.
A fixed-term contract for the regular delivery of daily or weekly newspapers and magazines within the framework of an introductory subscription (trial or introductory subscription) shall not be tacitly continued and shall terminate automatically upon expiry of the trial or introductory period.
Length of time
For contracts with a term of more than one year, the consumer may terminate the contract at any time after one year with a notice period of up to one month, unless termination before the end of the agreed term is inadmissible for reasons of reasonableness and fairness.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days of the start of the reflection period referred to in Article 6(1). In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer is obliged to inform the entrepreneur immediately of any inaccuracies in the payment data provided or mentioned.
In case of non-payment by the consumer, the trader has the right, subject to statutory restrictions, to charge the reasonable costs communicated to the consumer in advance.
Article 14 - Complaints procedure
Complaints about the performance of the contract should be submitted to the entrepreneur in full and clearly described form within 7 days after the consumer has discovered the defects.
Complaints submitted to the trader will be answered within 14 days of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to dispute resolution proceedings.
A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur states otherwise in writing.
If the entrepreneur considers a complaint to be justified, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.
Article 15 - Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer is resident abroad.