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Terms of service

Note: no general rights can be derived from these general terms and conditions. Please consult a lawyer if you are unsure of the content.



TABLE OF CONTENTS:

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The Agreement

Article 6 - Right of withdrawal

Article 7 - Recovery costs

Article 8 - Exclusion of the right of withdrawal

Article 9 - Price

Article 10 - Conformity and guarantee

Article 11 - Delivery and implementation

Article 12 - Duration, cancellation and renewal

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

Article 16 - Additional or derogating provisions

ARTICLE 1 - DEFINITIONS

Under these conditions, the following terms have the following meanings:

Additional contract: a contract where the consumer acquires products, digital content and/or services in the context of a distance contract and those goods, digital content and/or services are provided by the entrepreneur or by a third party on the basis of an agreement between the third party and the entrepreneur ;

cooling-off period: the period during which the consumer may exercise his right of withdrawal;

Consumer: the natural person who is not acting in the course of a profession, business or craft and who concludes a contract with the entrepreneur;

Day: calendar day;

Digital Content: data produced and delivered in digital form;

Duration transaction: a contract for a set of products and/or services whose delivery and/or purchase obligation is spread over time

Durable medium: any means or means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information, including e-mail.

Right of withdrawal: the possibility for the consumer to terminate the distance contract before the cooling-off period

Model form: the withdrawal form provided by the trader to the consumer, which the consumer can fill in if he wishes to exercise his right of withdrawal;

Entrepreneur: the natural or legal person who offers products and/or (access to) digital content and/or services to consumers at a distance;

Distance contract: a contract where, within the framework of a system organised by the contractor for the distance selling of products and/or services, up to and including the conclusion of the contract, only one or more technologies are used for distance communication with the consumer

remote communication technology: means that it can be used to conclude a distance contract without the consumer and the contractor being together in the same room at the same time

General terms and conditions: current general terms and conditions for the contractor.

ARTICLE 2 - IDENTITY OF THE CONTRACTOR

Business address, if different from the business address; On request

Email address; info@germato.com

Chamber of Commerce number; On request

VAT identification number. On request

ARTICLE 3 - APPLICABLE

These general terms and conditions apply to any offer made by the entrepreneur and to any distance contract and order between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible before the conclusion of the distance contract, it will be indicated that the general terms and conditions are available for inspection at the premises of the entrepreneur, how they can be inspected and that these general terms and conditions can be sent free of charge.

If, contrary to the previous paragraph, the distance contract is concluded electronically 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 they can be easily stored on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be inspected electronically and that they will be sent free of charge electronically or otherwise at the consumer's request. In the event that specific product or service terms apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision which is most favourable to him. er.
In the event that one or more provisions of these general terms and conditions are at any time declared invalid or are destroyed in whole or in part, these general terms and conditions shall remain in force and the relevant invalid or void provision shall be replaced forthwith by mutual agreement. a provision which approximates as closely as possible the requirements of the original.
Situations not governed by these General Terms and Conditions shall be assessed in accordance with these General Terms and Conditions.

Uncertainty as to the explanation or content of one or more provisions of our Terms and Conditions shall be explained in accordance with these General Terms and Conditions.

ARTICLE 4 - OFFER

If an offer is valid for a limited period or is made subject to conditions of withdrawal or rescission or other conditions, this will be expressly stated in the offer.
The offer of the entrepreneur is without obligation. The entrepreneur has the right to modify and adapt the offer.
The Entrepreneur's offer contains a description of the products and/or services offered, which is always complete and correct. The offer contains a sufficiently detailed description to enable the consumer to make a proper assessment of the offer. If the contractor uses images that imply that these images show the product offered, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer cannot bind the contractor.
Images with products are a true representation of the products offered. However, the entrepreneur cannot guarantee that the colours shown exactly match the real colours of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This is the
in particular:

priced inclusive of taxes;
the possible costs of shipping
how the contract will be concluded and the steps required for this;
whether the level of remote communication speed is, unless the cost of using the remote communication technique is calculated on a basis other than the usual basic speed of the means of communication used;
whether the contract is archived after its conclusion and, if so, how it can be consulted by the consumer.
the minimum length of the distance contract in the case of a length transaction.
exercising the right of withdrawal
the method of payment, delivery and performance of the contract

ARTICLE 5 - THE AGREEMENT

Subject to paragraph 4, the contract is concluded at the moment when the consumer accepts the offer and fulfils the corresponding conditions.
In the event that the consumer has accepted the offer electronically, the entrepreneur will immediately acknowledge receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may terminate the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to ensure electronic transmission of data and to ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The contractor may obtain information, within the legal framework, on the consumer's ability to meet his payment obligations and on all facts and factors important for the responsible conclusion of the distance contract. If, on the basis of this examination, the contractor has good reasons for not concluding the contract, he has the right to refuse an order or request or to attach special conditions for its execution.
The entrepreneur shall send the following information to the consumer in writing or in such a way that it can be stored by the consumer in an accessible way on a durable medium, at the latest upon delivery of the product or service or digital content:
the visiting address of the place of business of the business where the consumer can lodge a complaint
the conditions and means for the consumer to exercise the right of withdrawal or a clear statement excluding the right of withdrawal.
information on guarantees and existing after-sales services;
the price, including taxes, of the product, service or digital content
delivery costs, if applicable
the method of payment, delivery or performance of the distance contract
the requirements for terminating the contract if the contract is for a period of more than one year or for an indefinite period.
in the event that the consumer has a right of withdrawal, the form for withdrawal from the model.
In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.

ARTICLE 6 - RIGHT OF MEASURES

On delivery of products:

When purchasing products, the consumer has the right to terminate the contract without giving any reason for 14 days.

This cooling-off period begins on the day following receipt of the product by the consumer or a representative pre-determined by the consumer and notified to the trader.
If:

the consumer has ordered several products in the same order, the reflection period starts on the day when the consumer or a third party appointed by him has received the last product. Provided that he has clearly informed the consumer of this before the ordering process, the trader may refuse to order several products with different delivery times.
where the delivery of a product consists of several consignments or parts, the cooling-off period shall begin on the day on which the consumer, or a third party designated by him, has received the last consignment or part;
the contract covers the regular delivery of products over a specified period, the reflection period begins on the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content not delivered on a specific medium:

In the event that a service contract or a contract for the supply of digital content is not supplied on a specific medium, the consumer may terminate the contract within fourteen days without giving any reason. These fourteen days start the day after the contract is concluded.

Extended cooling-off period for products, services and digital content not supplied on a specified medium where they do not inform about the right of withdrawal:

If the trader has not provided the consumer with the legally required information on the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the initial reflection period determined in accordance with the previous paragraphs of this Article.

If the contractor has provided the consumer with the information referred to in the previous paragraph within twelve months of the starting date of the initial cooling-off period, the cooling-off period shall end fourteen days after the date on which the consumer received the information.

During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wants to keep the product. If he exercises his right of withdrawal, he will return the product with all its accessories and, if reasonably possible, in its original condition and packaging to the contractor in accordance with the contractor's reasonable and clear instructions.

If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the contractor within 14 days of receipt of the product. The consumer must notify this using the model form. After the consumer has notified that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, e.g. with a delivery note.

ARTICLE 7 - COSTS BEFORE THE COURT FOR OTHER PROCEEDINGS

When exercising the consumer's right of withdrawal, the return costs shall not exceed
The entrepreneur shall refund the purchase price as soon as possible, but no later than 14 days after withdrawal, in the same way as the user used. Receipt by the retailer or final proof of full return is required.
Any depreciation of the product caused by careless handling is borne by the consumer. This cannot be invoked if the entrepreneur has not provided all legal information regarding the right of withdrawal. This must be done before the purchase contract is concluded.

ARTICLE 8 - EXCLUSION OF THE RIGHT OF ACTION

Exclusion of the right of withdrawal is only possible if the trader has clearly indicated this in the offer or at least in time to conclude the contract and this applies to one of the products listed in sections 2 and 3.
Exclusion is only possible for the following products:
determined by the entrepreneur in accordance with the consumer's specifications
which are clearly personal.
which may deteriorate or age rapidly;
whose price depends on fluctuations in the financial market over which the entrepreneur has no control;
for individual newspapers and magazines;
to audio and video recordings and computer software which the consumer has broken the seal;
for hygiene products on which the consumer has broken the seal.

Exclusion is only possible for the following services:
for accommodation, transport, restaurant activities or leisure activities to be carried out on a specific date or during a specific period
where the supply began with the express consent of the consumer before the end of the cooling-off period
in respect of betting and lotteries

ARTICLE 9 - PRICE

During the period of validity indicated in the offer, the prices of the products and/or services offered shall not be increased, with the exception of 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 on the financial market and over which the entrepreneur has no control, at variable prices. This link to volatility and the fact that all prices quoted are target prices is indicated in the offer.

Price increases within three months of the entry into force of the contract are only allowed if they are the result of legal provisions or regulations.

Price increases from 3 months after the entry into force of the agreement are only allowed if the entrepreneur has prescribed this and:
they are the result of legal provisions or regulations; or
the consumer has the right to terminate the contract on the date on which the price increase takes effect.

The prices in the offer of products or services include VAT.

All prices are subject to printing and typographical errors. We accept no responsibility for the consequences of typographical errors. In the event of typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
ARTICLE 10 - WARRANTY AND CONFORMITY

The Contractor warrants that the Products and/or Services comply with the Agreement, the specifications set forth in the Offer, the reasonable requirements of reliability and/or usefulness and the legal provisions existing on the date of conclusion of the Agreement and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A guarantee given by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer may have against the trader on the basis of the contract. This is understood as a commitment by the trader, his supplier, importer or producer, where he gives the consumer certain rights or claims that go beyond what he is legally obliged to do if he has not fulfilled his part of the contract.

Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within four weeks of delivery. The products must be returned in the original packaging and in new condition.

The guarantee does not apply if:
The consumer has repaired and/or treated the delivered products himself or has had them repaired and/or treated by a third party;
The delivered products have been exposed to abnormal circumstances or otherwise handled carelessly or contrary to the contractor's instructions and/or have been treated on the packaging;
The defects are wholly or partly the result of regulations that the Government has made or will make with respect to the nature or quality of the materials used.

ARTICLE 11 - DELIVERY AND PERFORMANCE

The entrepreneur will take the utmost care when receiving and implementing orders for products and when evaluating applications for the provision of services.

The place of delivery is the address communicated by the consumer to the business.

Subject to paragraph 4 of this Article, the trader will execute accepted orders immediately but within 30 days, unless the consumer has agreed a longer delivery period. If delivery is delayed or if an order cannot be completed or can only be completed in part, the consumer shall be informed within 30 days of the order. In this case, the consumer has the right to terminate the contract free of charge. The consumer shall not be entitled to compensation.

All delivery times are indicative. The consumer cannot obtain any rights from specified conditions. Exceeding a period does not entitle the consumer to compensation.

In the event of termination in accordance with paragraph 3 of this Article, the business owner shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after the termination.

If delivery of an ordered product proves impossible, the entrepreneur will try to provide a replacement item. At the latest on delivery, it shall be stated in a clear and comprehensible manner that a replacement item will be provided. In case of exchange, the right of withdrawal cannot be excluded. The costs of a possible return delivery shall be borne by the entrepreneur.

The risk of damage and/or loss of products shall remain with the contractor until delivery to the consumer or a predetermined representative notified the contractor, unless otherwise expressly agreed.

ARTICLE 12 - WARNING TRANSACTIONS: WARNING, TERMINATION AND RENEWAL

Termination

The consumer may terminate a contract concluded for an indefinite period and involving the regular supply of products (including electricity) or services at any time, subject to the agreed cancellation rules and a notice period not exceeding one month.

The consumer may terminate a contract concluded for a specified period, which includes the regular supply of products (including electricity) or services, at any time at the end of the specified period, with due regard to the agreed cancellation rules and a notice period of at least one month.

The consumer may the agreements mentioned in the previous paragraphs:
Cancel at any time and shall not be limited to cancellation at any time or for any period;
at least cancel in the same way as they were part of him;
Cancel always with the same notice period as the contractor has prescribed himself.
Renewal

A contract entered into for a specified period, and which includes the regular supply of products (including electricity) or services, may not be tacitly renewed or renewed for a specified period.

Contrary to the previous paragraph, a contract concluded for a fixed period and including the regular supply of daily news and weekly newspapers and magazines may be renewed for a fixed period not exceeding three months if the consumer objects to this renewed contract. may cancel the end of the renewal with a maximum notice of one month.

A contract concluded for a fixed period and extending to the regular supply of products or services may remain silent for an indefinite period only if the consumer may terminate it at any time with a notice period not exceeding one month and a notice period not exceeding three months if the contract extends to the regular, but less than once a month, supply of daily, news and weekly newspapers and magazines.

A contract for a limited period for the regular supply of newspapers, news and weekly newspapers and magazines (trial or introductory subscription) shall not run for an indefinite period and shall automatically expire at the end of the trial or introductory period.
Expensive

If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period not exceeding one month, unless fairness and justice require termination before the end of the agreed period.
ARTICLE 13 - PAYMENT

Unless otherwise agreed, the amounts due shall be paid within seven working days of the beginning of the reflection period referred to in Article 6(1). In the case of a contract for the provision of a service, this period begins after the consumer has received confirmation of the contract.

The consumer shall be obliged to report any errors in the payment details provided or specified to the entrepreneur without delay.

In the event of non-payment by the consumer, the company shall be entitled, subject to legal restrictions, to charge reasonable costs notified in advance by the consumer.

ARTICLE 14 - COMPLAINTS PROCEDURE

The Entrepreneur shall have a well-publicised complaints procedure and shall handle complaints in accordance with this complaints procedure.

Complaints about the performance of the contract must be made in full and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.

Complaints sent to the Entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a clearly longer processing time, the business owner shall reply within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed reply.

If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to dispute resolution.

ARTICLE 15 - Dispute

Only Dutch law applies to contracts between the company and the consumer to which these general terms and conditions apply.

article 16 - additional or different differences

Additional provisions or provisions that differ from these general terms and conditions may not be detrimental to the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

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