Terms of service

Terms and Conditions

 

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

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

  2. Cooling-off period: the period during which the consumer may exercise their right of withdrawal.

  3. Consumer: a natural person who is not acting for purposes related to their trade, business, craft or professional activity.

  4. Day: calendar day.

  5. Digital content: data produced and supplied in digital form.

  6. Continuing performance contract: an agreement relating to the regular supply of goods, services and/or digital content during a certain period.

  7. Durable medium: any means, 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 for which the information is intended and that allows the stored information to be reproduced unchanged.

  8. Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period.

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

  10. Distance contract: an agreement concluded between the trader and the consumer as part of an organised distance sales system for products, digital content and/or services, where one or more means of distance communication are used exclusively or partly up to and including the moment the agreement is concluded.

  11. Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions. Appendix I does not have to be provided if the consumer has no right of withdrawal regarding their order.

  12. Means of distance communication: a means that can be used to conclude an agreement without the consumer and 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

Email address: info@eiapopeia.nl

Chamber of Commerce number: 60480025

VAT identification number: NL003254949B17

Article 3 - Applicability

  1. These terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.

  2. 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 indicate, before the distance contract is concluded, how the terms and conditions can be inspected.

Article 4 - The offer

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

  2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the trader uses images, these must be 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.

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

Article 5 - The agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded when the consumer accepts the offer and complies with the conditions attached to it.

  2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance electronically. Until receipt of this acceptance has been confirmed by the trader, the consumer may terminate the agreement.

  3. If the agreement is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure online environment. If the consumer can pay electronically, the trader will also take appropriate security measures.

  4. Within the limits permitted by law, the trader may investigate whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the trader has good reason not to enter into the agreement, they are entitled to refuse an order or request, stating their reasons, or to attach special conditions to its execution.

  5. At the latest upon delivery of the product, service or digital content, the trader will provide the consumer with the following information in writing or in such a way that the consumer can store it accessibly on a durable medium:

    1. the business address where the consumer can submit complaints;

    2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;

    3. information about existing after-sales service;

    4. the price of the product, service or digital content, including all taxes and, where applicable, delivery costs, as well as the method of payment, delivery or performance of the distance contract;

    5. if the consumer has a right of withdrawal, the return form.

Article 6 - Right of withdrawal

For products:

  1. The consumer may terminate an agreement concerning the purchase of a product within a cooling-off period of up to 14 days without giving any reason. The trader may ask the consumer for the reason for withdrawal but may not require the consumer to provide one.

  2. The cooling-off period referred to in paragraph 1 starts 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, or:

    1. if the consumer ordered several products in the same order: on the day on which the consumer, or a third party designated by them, receives the final product;

    2. if delivery of a product consists of several shipments or parts: on the day on which the consumer, or a third party designated by them, receives the final shipment or part;

    3. for agreements involving the regular delivery of products during a certain period: on the day on which the consumer, or a third party designated by them, receives the first product.

Article 7 - Consumer obligations during the cooling-off period

  1. During the cooling-off 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 basic principle is that the consumer may only handle and inspect the product in the same way as they would be permitted to do in a shop.

  2. The consumer is only liable for any reduction in the value of the product resulting from handling the product beyond what is permitted under paragraph 1.

  3. The consumer is not liable for any reduction in value if the trader failed to provide all legally required information concerning the right of withdrawal before or when the agreement was concluded.

Article 8 - Exercising the right of withdrawal and associated costs

  1. If the consumer exercises their right of withdrawal, they must notify the trader within the cooling-off period using the withdrawal form or by another unequivocal statement.

  2. As soon as possible, but no later than 14 days after the day following the notification referred to in paragraph 1, the consumer must return the product or hand it over to the trader or an authorised representative. This does not apply if the trader has offered to collect the product. The consumer has complied with the return period if the product is sent back before the cooling-off period has expired.

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

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

  5. The consumer bears the direct costs of returning the product.

  6. If the consumer exercises their right of withdrawal, all supplementary agreements are automatically terminated.

Article 9 - Trader’s obligations in the event of withdrawal

  1. If the trader allows the consumer to notify withdrawal electronically, the trader will send confirmation of receipt immediately after receiving the notification.

  2. The trader will reimburse all payments received from 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 informs the trader of the withdrawal. Unless the trader offers to collect the product, the trader may wait until the product has been received or until the consumer provides proof that the product has been returned, whichever occurs first.

  3. The trader will use the same payment method for the refund as the consumer used for the original transaction, unless the consumer agrees to another method. The refund will be free of charge for the consumer.

  4. If the consumer selected a more expensive delivery method than the cheapest standard delivery option, 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 was clearly stated in the offer or at least in good time before the agreement was concluded:

  1. Service agreements after full performance of the service, but only if:

    1. performance started with the consumer’s explicit prior consent; and

    2. the consumer declared that they would lose their right of withdrawal once the trader had fully performed the agreement.

  2. Products manufactured according to the consumer’s specifications that are not prefabricated and are manufactured based on an individual choice or decision by the consumer, or that are clearly intended for a specific person.

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

  4. Products manufactured according to the consumer’s specifications that are not prefabricated and are manufactured based on an individual choice or decision by the consumer, or that are clearly intended for a specific person.

  5. The supply of digital content that is not supplied on a tangible medium, but only if:

    1. performance started with the consumer’s explicit prior consent; and

    2. the consumer declared that they thereby lose their right of withdrawal.

Article 11 - The price

  1. During the validity period 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.

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

  3. The trader may determine at any time whether promotional discounts are offered and how long these promotions will last.

Article 12 - Performance of the agreement and additional warranty

  1. The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of quality and/or usability, and the legal provisions and/or government regulations in force on the date on which the agreement was concluded. If agreed, the trader also guarantees that the product is suitable for use other than normal use.

  2. Any additional warranty provided by the trader, supplier, manufacturer or importer never limits the statutory rights and claims that the consumer may exercise against the trader under the agreement if the trader has failed to fulfil their obligations under the agreement.

  3. An additional warranty means any commitment by the trader, supplier, importer or manufacturer that grants the consumer certain rights or claims beyond those to which the consumer is legally entitled if the trader has failed to fulfil their part of the agreement.

Article 13 - Delivery and performance

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

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

  3. Subject to the provisions of Article 4 of these terms and conditions, the trader will execute accepted orders promptly 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 such a case, the consumer has the right to terminate the agreement free of charge and may be entitled to compensation.

  4. Following termination in accordance with the previous paragraph, the trader will refund the amount paid by the consumer without undue delay.

  5. The risk of damage to and/or loss of products remains with the trader until the moment of delivery to the consumer or to a representative previously designated by the consumer and made known to the trader, unless explicitly agreed otherwise.

Article 14 - Payment

  1. Unless otherwise provided in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid after the agreement has been concluded.

  2. The consumer is obliged to immediately notify the trader of any inaccuracies in payment details provided or stated.

  3. If the consumer fails to meet their payment obligations on time, and after the trader has notified them of the late payment and given them an additional period of 14 days to fulfil their payment obligations, the consumer will owe statutory interest on the outstanding amount if payment is not made within this 14-day period. The trader is also entitled to charge extrajudicial collection costs. These collection costs amount to a maximum of 15% on outstanding amounts up to €2,500, 10% on the following €2,500 and 5% on the following €5,000, with a minimum of €40. The trader may deviate from these amounts and percentages in favour of the consumer.

Article 15 - Complaints procedure

  1. The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.

  2. Complaints concerning the performance of the agreement must be submitted to the trader within a reasonable period after the consumer has identified the defects and must be described fully and clearly.

  3. Complaints submitted to the trader will be answered within 14 days from the date of receipt. If a complaint is expected to require a longer processing period, the trader will respond within 14 days with confirmation of receipt and an indication of when the consumer can expect a more detailed response.

  4. The consumer must in any case allow the trader four weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that may be subject to the dispute resolution procedure.

Article 16 - Disputes

  1. Agreements between the trader and the consumer to which these terms and conditions apply are governed exclusively by Dutch law.

Article 17 - Additional or deviating provisions

Additional provisions or provisions that deviate from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them accessibly on a durable medium.

Article 18 - Amendments to the Terms and Conditions

Amendments to these terms and conditions will only take effect after they have been published in an appropriate manner, provided that, in the event of applicable amendments during the term of an offer, the provision most favourable to the consumer will prevail.