Terms and Conditions

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 - Costs in case of withdrawal

Article 8 - Exclusion of right of withdrawal

Article 9 - The price

Article 10 - Conformity and warranty

Article 11 - Delivery and performance

Article 12 - Long-term transactions: duration, termination and renewal

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

Article 16 - Additional or deviating provisions

Article 1 - Definitions

In these terms and conditions, the following terms have the following meanings:

1. Cooling-off period: the period during which the consumer can exercise their right of withdrawal;
2. Consumer: the natural person who is not acting in the exercise of his profession or business and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Continuing performance contract: a distance contract relating to a series of products and/or services, the delivery and/or performance of which is spread over time;
5. Durable data carrier: any means enabling 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.
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
7. Model form: the model withdrawal form provided by the trader, which the consumer can complete if he wishes to exercise his right of withdrawal.
8. Trader: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance contract: a contract whereby, within the framework of a distance sales system organised by the trader, the use of one or more means of distance communication is used until the contract is concluded;
10. Means of distance communication: any means which, without the simultaneous physical presence of the consumer and the trader, enables them to conclude a contract;
11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

AZDome
Molenbeekstraat 18H
1078XD Amsterdam
The Netherlands

Telephone number: +31636130403
Email address: info@azdome.eu

Chamber of Commerce number: 83851496
VAT identification number: NL863009864B01

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and every order placed between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent free of charge at the consumer's request.
3. If the distance contract is concluded electronically, 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 it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge by electronic means or in another manner at the consumer's request.
4. In the event that specific product or service conditions 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 invoke the applicable provision that is most favourable to him.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or void, the agreement and these terms and conditions will remain in force for the remainder and the relevant provision will be replaced immediately by mutual agreement with a provision that approximates the meaning of the original provision as closely as possible.
6. Situations not covered by these general terms and conditions shall be assessed in accordance with the spirit of these general terms and conditions.
7. Any ambiguity about the interpretation or content of one or more provisions of our terms and conditions must be interpreted “in the spirit” of these general terms and conditions.

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 is non-binding. The entrepreneur is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
5. Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the colours shown correspond exactly to the actual colours of the products.
6. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
   • the price including taxes;
   • any shipping costs;
   • the manner in which the agreement will be concluded and what actions are required for this;
   • whether or not the right of withdrawal applies;
   • the method of payment, delivery and performance of the agreement;
   • the period for acceptance of the offer or the period within which the trader guarantees the price;
   • the rate for 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 agreement will be archived after its conclusion and, if so, where it can be consulted by the consumer;
   • the manner in which the consumer can check and, if desired, correct the information provided by him in the context of the agreement before the agreement is concluded;
   • any other languages in which, in addition to English, the agreement can be concluded;
   • the codes of conduct to which the trader is subject and the manner in which the consumer can consult these codes of conduct electronically; and
   • the minimum duration of the distance agreement in the case of a long-term transaction.

Article 5 - The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the agreement has not been confirmed by the trader, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader shall take appropriate security measures.
4. The trader may, within legal limits, inform himself whether the consumer is able to meet his payment commitments, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has good reasons not to enter into the contract, he is entitled to refuse an order or request or to attach special conditions to the execution.
5. The trader shall provide the consumer with the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
   • the visiting address of the trader's place of business where the consumer can submit complaints;
   • 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;
   • information about guarantees and existing after-sales service;
   • the information included in Article 4(3) of these terms and conditions, unless the trader has already provided this information to the consumer prior to the performance of the contract;
   • the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
6. In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.
7. Every contract is entered into subject to the condition precedent of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

Upon delivery of products:

1. When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 60 days. This cooling-off period commences on the day after the product is received by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
2. During the cooling-off 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 wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the trader with all accessories and - if reasonably possible - in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
3. If the consumer wishes to exercise his right of withdrawal, he must notify the trader within 60 days of receipt of the product. The consumer must do so using the model form or by other means of communication, such as email. After the consumer has notified the trader of his intention to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods have been returned in time, for example by means of proof of shipment.
4. If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the trader, the purchase is final.

For the delivery of services:

1. In the case of the provision of services, the consumer has the option of terminating the agreement without giving reasons within at least 60 days, starting on the day on which the agreement was concluded.
2. To exercise his right of withdrawal, the consumer shall comply with the reasonable and clear instructions provided by the trader in the offer and/or at the latest upon delivery.

Article 7 - Costs in case of withdrawal

1. If the consumer exercises his right of withdrawal, he will only be liable for the costs of returning the goods.
2. If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received by the online retailer or conclusive proof of complete return can be provided. Refunds will be made using the same payment method used by the consumer, unless the consumer expressly agrees to a different payment method.
3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any reduction in the value of the product.
4. The consumer cannot be held liable for any reduction in the value of the product if the trader has not provided all the legally required information about the right of withdrawal; this must be done before the purchase agreement is concluded.

Article 8 - Exclusion of the right of withdrawal

1. The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
   • that have been manufactured by the trader in accordance with the consumer's specifications;
   • that are clearly personal in nature;
   • that cannot be returned due to their nature;
   • that are liable to deteriorate or expire rapidly;
   • whose price is subject to fluctuations in the financial market over which the trader has no influence;
   • for loose newspapers and magazines;
   • audio and video recordings and computer software which the consumer has unsealed;
   • hygiene products which the consumer has unsealed.
3. Exclusion of the right of withdrawal is only possible for services:
   • relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
   • whose delivery has begun with the consumer's express consent before the cooling-off period has expired;
   • relating to betting and lotteries.

Article 9 - The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This sensitivity to fluctuations and the fact that any prices quoted are target prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:
   • they are the result of statutory regulations or provisions; or
   • the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of delivery.
4. The products must be returned in their original packaging and in new condition.
5. The entrepreneur's warranty period corresponds to the manufacturer's 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.
6. The warranty does not apply if:
   • the consumer has repaired and/or modified the delivered products themselves 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 the instructions on the packaging;
   • the defect is wholly or partly the result of regulations imposed by the government with regard to the nature or quality of the materials used.

Article 11 - Delivery and execution

1. The entrepreneur will take 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 that the consumer has made known to the company.
3. Subject to the provisions of paragraph 4 of this article, the company will execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period.
4. If delivery is delayed, or if an order cannot be fulfilled or only partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without incurring any costs. The consumer is not entitled to compensation.
5. All delivery times are indicative. The consumer cannot derive any rights from any delivery times mentioned. Exceeding a delivery time does not entitle the consumer to compensation.
6. In the event of termination in accordance with paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
7. If delivery of an ordered product proves impossible, the entrepreneur will endeavour to make a replacement item available. At the latest upon delivery, it will be clearly and comprehensively stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are at the expense of the entrepreneur.
8. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Long-term transactions: duration, termination and renewal

Termination

1. The consumer may terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the specified period, subject to the agreed termination rules and a notice period of no more than one month.
3. The consumer may terminate the agreements referred to in the previous paragraphs:
   • at any time and not be restricted to termination at a specific time or in a specific period;
   • at least in the same manner in which they were entered into by them;
   • always with the same notice period as the trader has stipulated for itself.

Extension

1. An agreement that is entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
2. Notwithstanding the previous paragraph, an agreement entered into for a fixed period and covering the regular delivery of daily, weekly or monthly newspapers and magazines may be tacitly extended for a fixed period of up to three months if the consumer can terminate this extended agreement at the end of the extension period with a notice period of no more than one month.
3. A contract concluded for a fixed period for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month and a notice period of no more than three months in the event that the contract covers the regular, but less than once a month, delivery of daily newspapers, news and weekly newspapers and magazines.
4. An agreement with a limited duration for the regular delivery of daily newspapers, news and weekly newspapers and magazines for trial or introductory purposes (trial or introductory subscription) shall not be tacitly renewed and shall automatically end at the end of the trial or introductory period.

Duration

1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless fairness and reasonableness preclude termination before the end of the agreed duration.

Article 13 - Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
2. The consumer is obliged to report any inaccuracies in the payment details provided or stated to the trader without delay.
3. In the event of non-payment by the consumer, the trader is entitled, subject to legal restrictions, to charge the consumer for the reasonable costs incurred in advance.

Article 14 - Complaints procedure

1. The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the trader in full and clearly described within two months after the consumer has discovered the defects.
3. Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
5. In the event of complaints, consumers should first contact the trader. If the online store is affiliated with Stichting WebwinkelKeur and complaints cannot be resolved in mutual consultation, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this online store has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution cannot be found, the consumer has the option of having their complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur. The decision of this committee is binding, and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. This also applies if the consumer is resident abroad.
2. The Vienna Sales Convention does not apply.

Article 16 - Additional or deviating provisions

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