Terms and Conditions

Article 1 – Definitions

For the purposes of these Terms and Conditions, the following definitions apply:

Ancillary contract: a contract under which the consumer acquires products, digital content and/or services in connection with a distance contract, where these products, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader.

Withdrawal period: the period during which the consumer may exercise the right of withdrawal.

Consumer: a natural person acting for purposes outside their trade, business, craft or professional activity.

Day: a calendar day.

Digital content: data produced and supplied in digital form.

Continuing performance contract: a contract relating to the regular supply of products, services and/or digital content over a specified period.

Durable medium: any tool, including email, that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation or use for a period appropriate to the purpose of the information and that enables the unchanged reproduction of the stored information.

Right of withdrawal: the consumer’s right to withdraw from a distance contract within the withdrawal period.

Trader: the natural or legal person who offers products, access to digital content and/or services to consumers at a distance.

Distance contract: a contract concluded between the trader and the consumer under an organised distance sales system for products, digital content and/or services, whereby one or more means of distance communication are used exclusively or partly up to and including the moment at which the contract is concluded.

Model withdrawal form: the European model withdrawal form included in Appendix I to these Terms and Conditions. Appendix I does not need to be provided if the consumer has no right of withdrawal in relation to the order.

Means of distance communication: a method that can be used to conclude a contract without the consumer and the trader being physically present in the same place at the same time.

Article 2 – Identity of the Trader

eiapopeia

Wolterbeekstraat 59
2515 MX The Hague
The Netherlands

Email address: info@eiapopeia.nl

Chamber of Commerce number: 60480025

VAT identification number: NL003254949B17

Article 3 – Applicability

These Terms and Conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.

Before the distance contract is concluded, the text of these Terms and Conditions will be made available to the consumer. If this is not reasonably possible, the trader will inform the consumer, before the distance contract is concluded, how the Terms and Conditions can be viewed.

Article 4 – The Offer

If an offer has a limited period of validity or is subject to specific conditions, this will be clearly stated in the offer.

The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer.

If the trader uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer are not binding on the trader.

Each offer contains sufficient information to make it clear to the consumer which rights and obligations are attached to accepting the offer.

Article 5 – The Contract

Subject to the provisions of paragraph 4, the contract is concluded when the consumer accepts the offer and fulfils the applicable conditions.

If the consumer accepts the offer electronically, the trader will promptly confirm receipt of the acceptance electronically. Until receipt of the acceptance has been confirmed by the trader, the consumer may terminate the contract.

If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and provide a secure online environment. If the consumer is able to pay electronically, the trader will take appropriate security measures.

Within the limits permitted by law, the trader may investigate whether the consumer is able to fulfil their payment obligations, as well as any facts and circumstances relevant to responsibly entering into the distance contract. If this investigation gives the trader reasonable grounds not to enter into the contract, the trader is entitled to refuse an order or request, stating the reasons for the refusal, or to attach special conditions to its performance.

No later than upon delivery of the product, service or digital content, the trader will provide the consumer with the following information in writing or in a form that allows the consumer to store it accessibly on a durable medium:

the business address at which the consumer can submit complaints;
the conditions and procedure for exercising the right of withdrawal or, where applicable, a clear statement that the right of withdrawal is excluded;
information about available after-sales service;
the price of the product, service or digital content, including all taxes and, where applicable, delivery costs;
the method of payment, delivery or performance of the distance contract;
the withdrawal form, if the consumer has a right of withdrawal.

Article 6 – Right of Withdrawal

Products

The consumer may withdraw from a contract for the purchase of a product within a withdrawal period of 14 days without giving any reason. The trader may ask the consumer for the reason for the withdrawal but may not require the consumer to provide one.

The withdrawal period begins on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product.

If the consumer has ordered several products in the same order, the withdrawal period begins on the day on which the consumer, or a third party designated by the consumer, receives the final product. The trader may refuse an order containing several products with different delivery times, provided that the consumer has been clearly informed of this before completing the ordering process.

If a product is delivered in several shipments or consists of several parts, the withdrawal period begins on the day on which the consumer, or a third party designated by the consumer, receives the final shipment or final part.

For contracts concerning the regular delivery of products over a specified period, the withdrawal period begins on the day on which the consumer, or a third party designated by the consumer, receives the first product.

Article 7 – Consumer Obligations During the Withdrawal Period

During the withdrawal period, the consumer must handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to determine its nature, characteristics and functioning.

The principle is that the consumer may only handle and inspect the product in the same way as would be permitted in a physical shop.

The consumer is only liable for any reduction in the value of the product resulting from handling the product beyond what is permitted under the previous paragraph.

The consumer is not liable for any reduction in the value of the product if the trader failed to provide all legally required information concerning the right of withdrawal before or upon conclusion of the contract.

Article 8 – Exercising the Right of Withdrawal and the Associated Costs

If the consumer exercises the right of withdrawal, they must notify the trader within the withdrawal period by using the withdrawal form or by making another unequivocal statement.

As soon as possible, but no later than 14 days after the day following the notification referred to above, the consumer must return the product or hand it over to the trader or an authorised representative of the trader. This does not apply if the trader has offered to collect the product.

The return deadline has been met if the consumer sends the product back before the applicable return period has expired.

The consumer must return the product with all supplied accessories, in its original condition and packaging where reasonably possible, and in accordance with the reasonable and clear instructions provided by the trader.

The consumer bears the risk and burden of proof regarding the correct and timely exercise of the right of withdrawal.

The consumer bears the direct costs of returning the product.

If the consumer exercises the right of withdrawal, all ancillary contracts are automatically terminated.

Article 9 – Obligations of the Trader in the Event of Withdrawal

If the trader allows the consumer to submit a withdrawal notification electronically, the trader will promptly send confirmation of receipt after receiving the notification.

The trader will reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without undue delay and no later than 14 days after the day on which the consumer notifies the trader of the withdrawal.

Unless the trader offers to collect the product, the trader may postpone reimbursement until the product has been received or until the consumer provides proof that the product has been returned, whichever occurs first.

The trader will use the same payment method for the reimbursement as the consumer used for the original transaction, unless the consumer agrees to another method. The reimbursement will not result in any additional costs for the consumer.

If the consumer selected a more expensive delivery method than the least expensive standard delivery method offered, the trader is not required to reimburse the additional costs of the more expensive delivery method.

Article 10 – Exclusion of the Right of Withdrawal

The trader may exclude the following products and services from the right of withdrawal, but only if this exclusion was clearly stated in the offer or communicated to the consumer in good time before the contract was concluded:

Service contracts after the service has been fully performed, provided that:

performance began with the consumer’s express prior consent; and
the consumer acknowledged that the right of withdrawal would be lost once the trader had fully performed the contract.

Products made to the consumer’s specifications

Products that are not prefabricated and are made on the basis of an individual choice or decision by the consumer, or that are clearly personalised for a specific person.

Sealed products

Sealed products that are unsuitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery.

Digital content not supplied on a tangible medium, provided that:

performance began with the consumer’s express prior consent; and
the consumer acknowledged that the right of withdrawal would consequently be lost.

Article 11 – Prices

During the period of validity stated in the offer, the standard prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

The prices stated in the offer for products or services include VAT.

The trader may determine whether promotional discounts are offered and how long these promotions will remain valid.

Article 12 – Performance of the Contract and Additional Guarantees

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable standards of quality and usability, and the legal provisions and government regulations applicable on the date on which the contract was concluded.

If agreed, the trader also guarantees that the product is suitable for use other than its normal intended use.

Any additional guarantee provided by the trader, a supplier, manufacturer or importer does not limit the statutory rights and claims that the consumer may exercise against the trader if the trader has failed to fulfil its obligations under the contract.

An additional guarantee means any commitment by the trader, a supplier, importer or manufacturer that grants the consumer rights or claims beyond those required by law if the trader has failed to fulfil its part of the contract.

Article 13 – Delivery and Performance

The trader will exercise the greatest possible care when receiving and fulfilling orders for products and when assessing requests for the provision of services.

The place of delivery is the address provided to the trader by the consumer.

Subject to the provisions of Article 4 of these Terms and Conditions, the trader will fulfil accepted orders with due speed and no later than within 30 days, unless a different delivery period has been agreed.

If delivery is delayed or if an order cannot be fulfilled, or can only be partially fulfilled, the consumer will be informed no later than 30 days after placing the order. In that case, the consumer is entitled to terminate the contract without charge and may be entitled to compensation.

Following termination in accordance with the previous paragraph, the trader will promptly refund the amount paid by the consumer.

The risk of damage to and/or loss of products remains with the trader until the products have been delivered to the consumer or to a representative designated in advance by the consumer and made known to the trader, unless expressly agreed otherwise.

Article 14 – Payment

Unless otherwise stated in the contract or in additional terms, amounts owed by the consumer must be paid after the contract has been concluded.

The consumer is required to promptly inform the trader of any inaccuracies in the payment information provided or stated.

If the consumer fails to meet a payment obligation on time, the consumer will first be notified of the late payment and given an additional period of 14 days in which to fulfil the payment obligation.

If payment is not made within this 14-day period, statutory interest will be payable on the outstanding amount and the trader will be entitled to charge any extrajudicial collection costs incurred.

These collection costs will not exceed:

15% of outstanding amounts up to €2,500;
10% of the following €2,500;
5% of the following €5,000;

with a minimum charge of €40.

The trader may deviate from these amounts and percentages in favour of the consumer.

Article 15 – Complaints Procedure

The trader has a clearly communicated complaints procedure and will handle complaints in accordance with this procedure.

Complaints concerning the performance of the contract must be submitted to the trader within a reasonable period after the consumer has discovered the issue. The complaint must be complete and clearly described.

Complaints submitted to the trader will be answered within 14 days of receipt. If a complaint is expected to require a longer processing period, the trader will provide an acknowledgement of receipt within 14 days and indicate when the consumer can expect a more detailed response.

The consumer must give the trader at least four weeks to resolve the complaint by mutual agreement. After this period, a dispute may arise that is eligible for the applicable dispute-resolution procedure.