Allgemeine Geschäftsbedingungen

These General Terms and Conditions of the Webshop Trustmark Foundation were established in consultation with the Consumer Association within the framework of the Self-Regulation Coordination Group (CZ) of the Social and Economic Council and come into effect on June 1, 2014.

These General Terms and Conditions will be used by all members of the Webshop Trustmark Foundation, with the exception of financial services as referred to in the Financial Supervision Act, insofar as these services are supervised by the Financial Markets Authority.

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 – Consumer’s obligations during the reflection period

Article 8 – Exercising the consumer’s right of withdrawal and the costs thereof

Article 9 – Entrepreneur’s obligations in case of withdrawal

Article 10 – Exclusion of the right of withdrawal

Article 11 – The price

Article 12 – Compliance and additional warranty

Article 13 – Delivery and execution

Article 14 – Extended transactions: duration, cancellation, and extension

Article 15 – Payment

Article 16 – Complaint procedure

Article 17 – Disputes

Article 18 – Industry guarantee

Article 19 – Supplementary or deviating provisions

Article 20 – Changes to the General Terms and Conditions of the Webshop Trustmark Foundation

Article 1 – Definitions

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

Supplementary agreement: an agreement in which the consumer acquires products, digital content, and/or services in connection with a distance agreement, and these goods, digital content, and/or services are delivered by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;

Reflection period: the period during which the consumer can make use of his right of withdrawal;

Consumer: the natural person who does not act for purposes related to his trade, business, craft, or professional activity;

Day: calendar day;

Digital content: data produced and supplied in digital form;

Continuous contract: an agreement aimed at the regular delivery of goods, services, and/or digital content over a specified period;

Durable data carrier: any tool, including email, that enables the consumer or entrepreneur to store information addressed to him personally in a way that facilitates its future consultation or use for a period corresponding to the purpose for which the information is intended and which allows the stored information to be reproduced unchanged;

Right of withdrawal: the consumer’s option to withdraw from the distance agreement within the reflection period;

Entrepreneur: the natural or legal person who is a member of the Webshop Trustmark Foundation and offers products, (access to) digital content, and/or services at a distance to consumers;

Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content, and/or services, using one or more remote communication techniques up to and including the conclusion of the agreement;

Standard form for withdrawal: the European standard form for withdrawal included in Appendix I of these conditions;

Remote communication technique: a means that can be used to conclude an agreement, without the consumer and entrepreneur having to come together in the same space simultaneously.

Article 2 – Identity of the entrepreneur

Entrepreneur’s name:

Auror Scalar Technology B.V.

Registered address: Provincialeweg 75 Veldhoven

Visiting address: same as above

Phone number and times when the entrepreneur can be reached by phone:

Tel. 040-2521107. Available on Tuesday and Saturday from 9.00 to 17.00

You can reach us at our email address every day: Aurorscalartechnology@kpnmail.nl

Chamber of Commerce number: 59520922

VAT number: NL85354834B01

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract that has been established between the entrepreneur and the consumer. 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, before the distance contract is concluded, the entrepreneur will indicate how the general terms and conditions can be viewed at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request. If the distance contract is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically in such a way that they can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be read electronically and that they will be sent free of charge at the request of the consumer, either electronically or in another way. In case specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply equally, and in case of conflicting conditions, the consumer can always rely on the applicable provision that is most favorable to him.

Article 4 – The offer

If an offer has a limited duration or is subject to conditions, this is explicitly mentioned in the offer. The offer provides a complete and accurate description of the products, digital content, and/or services offered. The description is detailed enough to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a truthful representation of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to accepting the offer.

Article 5 – The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the acceptance of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the contract. If the agreement is established electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures. Within the limits of the law, the entrepreneur can investigate whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution. The entrepreneur will send the following information with the product, service, or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier: – the visiting address of the entrepreneur’s establishment where the consumer can go with complaints; – the conditions under which and the way in which the consumer can use the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; – the information about guarantees and existing post-purchase service; – the price including all taxes of the product, service, or digital content; if applicable, delivery costs; and the method of payment, delivery, or execution of the distance contract; – the requirements for canceling the agreement if the agreement has a duration of more than one year or is of indefinite duration; – if the consumer has a right of withdrawal, the withdrawal form. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

(Note: This is a translation for informational purposes and may not have the same legal weight as the original Dutch text. Always consult a legal expert when drafting or interpreting contracts.)

Article 6 – Right of Withdrawal

For products:

The consumer can terminate a contract relating to the purchase of a product within a reflection period of at least 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot compel him to state his reason(s). The reflection period mentioned in paragraph 1 starts 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: if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has informed the consumer clearly in advance of the ordering process, refuse an order of multiple products with different delivery times. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part; in the case of contracts for the regular delivery of products over a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content not supplied on a tangible medium:

The consumer can terminate a service contract and a contract for the supply of digital content not supplied on a tangible medium for at least 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot compel him to state his reason(s). The reflection period mentioned in paragraph 3 starts the day after the agreement is concluded.

Extended reflection period for products, services, and digital content not supplied on a tangible medium when not informed about the right of withdrawal:

If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original reflection period, as determined by the previous paragraphs of this article. If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months from the start date of the original reflection period, the reflection period expires 14 days after the day on which the consumer has received that information.

Article 7 – Obligations of the consumer during the reflection period

During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product in the way that would be allowed in a store. The consumer is only liable for the product’s decrease in value resulting from a way of handling the product that goes beyond what is allowed in paragraph 1. The consumer is not liable for the product’s decrease in value if the entrepreneur did not provide him with all legally required information about the right of withdrawal before or when the contract was concluded.

Article 8 – Exercise of the consumer’s right of withdrawal and associated costs

If the consumer exercises his right of withdrawal, he will notify the entrepreneur within the reflection period by using the model withdrawal form or in another unambiguous manner. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer sends back the product or hands it over to the entrepreneur or a representative of the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has observed the return period in any case if he sends back the product before the reflection period has expired. The consumer sends the product back with all supplied accessories, if reasonably possible in original condition and packaging, and in accordance with the clear and reasonable instructions provided by the entrepreneur. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer. The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs, or if the entrepreneur indicates he will bear the costs himself, the consumer does not have to bear the return costs. If the consumer withdraws after having expressly requested that the provision of the service or the supply of gas, water, or electricity not prepared for sale in a limited volume or set quantity begin during the reflection period, the consumer owes the entrepreneur an amount proportional to that part of the commitment fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the commitment. The consumer does not bear any costs for the performance of services or the supply of water, gas, or electricity, not prepared for sale in a limited volume or quantity, or for the supply of district heating if: the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement upon withdrawal, or the model withdrawal form; the consumer has not expressly requested the start of the execution of the service or supply of gas, water, electricity, or district heating during the reflection period. The consumer does not bear any costs for the complete or partial delivery of digital content not supplied on a tangible medium if: he has not expressly agreed to the commencement of the performance of the contract before the end of the reflection period; he has not acknowledged that he will lose his right of withdrawal by giving his consent; or the entrepreneur has failed to confirm this consumer statement. If the consumer exercises his right of withdrawal, all additional agreements will be terminated by operation of law.

Note: Translating legal texts requires precise attention to detail and an understanding of legal terms in both the source and target languages. If this translation is for a formal or legal purpose, I would recommend having it reviewed by a legal professional who is proficient in both languages.

Article 9 – Obligations of the entrepreneur in case of withdrawal

If the entrepreneur allows the consumer to notify a withdrawal electronically, he shall promptly send a confirmation of receipt after receiving this notification. The entrepreneur refunds all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may withhold the refund until he has received the product or until the consumer demonstrates that he has sent back the product, whichever is earlier. For refunds, the entrepreneur uses the same payment method that the consumer used unless the consumer agrees to a different method. The refund is free of charge for the consumer. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not obliged to refund the additional costs of the more expensive method.

Article 10 – Exclusion of the right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if he has clearly indicated this in the offer, or at least in time before the conclusion of the agreement:

1. Products or services whose prices are tied to fluctuations in the financial market beyond the entrepreneur’s control and which may occur within the withdrawal period.
2. Contracts concluded during a public auction. A public auction is defined as a method of sale in which products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or given the opportunity to be personally present at the auction, led by an auctioneer, and the successful bidder is obliged to purchase the products, digital content, and/or services.
3. Service contracts, after full execution of the service, but only if: a. the performance has started with the consumer’s explicit prior consent; and b. the consumer has acknowledged that he loses his right of withdrawal once the entrepreneur has fully performed the contract.
4. Service contracts for the provision of accommodation, if the contract specifies a certain date or period of performance and other than for housing purposes, transport of goods, car rental services, and catering.
5. Contracts related to leisure activities if a specific date or period of execution is stipulated in the contract.
6. Products made to the consumer’s specifications, which are not prefabricated and which are produced based on an individual choice or decision by the consumer or are clearly intended for a specific person.
7. Products that perish quickly or have a limited shelf life.
8. Sealed products that, for health protection or hygiene reasons, are not suitable for return and whose seal has been broken after delivery.
9. Products that, after delivery, due to their nature, are irreversibly mixed with other products.
10. Alcoholic beverages whose price was agreed upon at the time the contract was concluded, but which can only be delivered after 30 days, and whose actual value depends on market fluctuations beyond the entrepreneur’s control.
11. Sealed audio, video recordings, and computer software, whose seal has been broken after delivery.
12. Newspapers, magazines, or magazines, except for subscriptions to them.
13. Delivery of digital content other than on a tangible medium, but only if: a. performance has started with the consumer’s explicit prior consent; and b. the consumer has acknowledged that he thereby loses his right of withdrawal.

Article 11 – The price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are tied to fluctuations in the financial market beyond the entrepreneur’s control at variable prices. This linkage to fluctuations and the fact that any stated prices are indicative prices will be stated in the offer. Price increases within 3 months after the conclusion of the contract are only allowed if they result from statutory regulations or provisions. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and: a. they result from legal regulations or provisions; or b. the consumer has the authority to terminate the contract effective on the day the price increase takes effect. The prices mentioned in the offer of products or services include VAT.

Article 12 – Compliance with the agreement and additional guarantee

The entrepreneur ensures 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 the agreement was concluded. If agreed upon, the entrepreneur also ensures that the product is suitable for other than regular use. An additional warranty provided by the entrepreneur, his supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur if the entrepreneur has failed to fulfill his part of the agreement. Additional guarantee is defined as any obligation of the entrepreneur, his supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what they are legally required to do in case he has failed to fulfill his part of the agreement.

Article 13 – Delivery and execution

The entrepreneur exercises the utmost care in receiving and executing orders for products and in assessing applications for the provision of services. The address that the consumer has communicated to the entrepreneur is considered the place of delivery. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but no later than 30 days, unless another delivery period has been agreed upon. If the delivery is delayed, or if an order cannot or only partially be executed, 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 contract without any costs and is entitled to possible compensation. After termination in accordance with the previous paragraph, the entrepreneur will refund the amount the consumer has paid promptly. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative announced to the entrepreneur, unless expressly agreed otherwise.

Article 14 – Duration transactions: term, termination, and extension

Termination:

1. The consumer can terminate a contract entered into for an indefinite period, which aims to regularly deliver products (including electricity) or services, at any time, observing the agreed-upon termination rules and a notice period of up to one month.
2. The consumer can terminate a contract entered into for a specific duration, which aims to regularly deliver products (including electricity) or services, at any time before the end of that specific duration, observing the agreed-upon termination rules and a notice period of up to one month.
3. The consumer can terminate the agreements mentioned in the previous paragraphs:
   • At any time and not be restricted to termination at a specific time or in a specific period;
   • At least terminate in the same manner as they were entered into by him;
   • Always terminate with the same notice period as the business owner has negotiated for themselves.

Extension:

1. A contract entered into for a specific duration that aims to regularly deliver products (including electricity) or services may not be silently extended or renewed for a specific duration.
2. Deviating from the previous paragraph, a contract entered into for a specific duration that aims to regularly deliver daily, news, and weekly papers and magazines may be silently extended for a specific duration of a maximum of three months if the consumer can terminate this extended agreement towards the end of the extension with a notice period of up to one month.
3. A contract entered into for a specific duration, aiming to regularly deliver products or services, may only be silently extended for an indefinite period if the consumer can at any time terminate with a notice period of up to one month. The notice period is up to three months in the case the contract aims to regularly, but less than once a month, deliver daily, news, and weekly papers and magazines.
4. A limited-duration contract for the regular introductory delivery of daily, news, and weekly papers and magazines (trial or introductory subscription) is not silently continued and automatically ends after the trial or introductory period.

Duration: If a contract has a duration of more than one year, the consumer may, after a year, terminate the contract at any time with a notice period of up to one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 – Payment

Unless otherwise specified in the contract or additional terms, amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period, within 14 days after concluding the contract. In the case of a contract to provide a service, this period starts the day after the consumer has received the confirmation of the contract. When selling products to consumers, the consumer should never be obligated in general terms to prepay more than 50%. When a prepayment has been stipulated, the consumer cannot assert any rights concerning the execution of the relevant order or service(s) until the stipulated prepayment has been made. The consumer has the duty to report inaccuracies in provided or stated payment details promptly to the entrepreneur. If the consumer does not meet his payment obligation(s) in time, after being informed by the entrepreneur about the late payment and the entrepreneur has given the consumer a 14-day period to still meet his payment obligations, after the non-payment within this 14-day period, the consumer owes the legal interest on the amount due, and the entrepreneur is entitled to charge the extrajudicial collection costs they have incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the subsequent €2,500 and 5% on the next €5,000, with a minimum of €40. The entrepreneur may deviate from these amounts and percentages for the consumer’s benefit.

Article 16 – Complaints Procedure

1. The entrepreneur has an adequately publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has noticed the defects.
3. Complaints submitted to the entrepreneur will be responded to within 14 days from the date of receipt. If a complaint requires a predictably longer processing time, the entrepreneur will reply within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
4. A complaint about a product, service, or the service of the entrepreneur can also be submitted via a complaint form on the consumer page of the Stichting Webshop Keurmerk website (http://keurmerk.info/Home/MisbruikOfKlacht). The complaint is then sent to both the entrepreneur in question and the Stichting Webshop Keurmerk.
5. If the complaint cannot be resolved in mutual consultation within a reasonable period or within 3 months after submitting the complaint, a dispute arises that is subject to the dispute settlement scheme.

Article 17 – Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively subject to Dutch law.
2. Disputes between the consumer and the entrepreneur concerning the establishment or execution of agreements related to products and services supplied or to be supplied by this entrepreneur can, subject to the following provisions, be submitted to the Geschillencommissie Webshop, P.O. Box 90600, 2509 LP The Hague (sgc.nl).
3. The Dispute Committee only handles a dispute if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
4. A dispute must be brought to the Dispute Committee in writing within three months of the dispute arising.
5. If the consumer wants to submit a dispute to the Dispute Committee, the entrepreneur is bound by this choice. If the entrepreneur wishes to do so, the consumer must state in writing whether he also wishes this or wants the dispute to be handled by the competent court within five weeks after the entrepreneur has made a written request to this effect. If the entrepreneur does not receive the consumer’s choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court.
6. The Dispute Committee gives its verdict under the conditions as set out in the regulations of the Dispute Committee (http://www.degeschillencommissie.nl/over-ons/de-commissies/2701/webshop). The decisions of the Dispute Committee are made by way of binding advice.
7. The Dispute Committee will not handle a dispute or will terminate the handling if the entrepreneur has been granted a suspension of payments, has become bankrupt, or has effectively terminated his business activities before the committee has heard the dispute at the session and a final decision has been made.

Article 18 – Industry Guarantee

1. Stichting Webshop Keurmerk guarantees compliance with the binding advice of the Dispute Committee Stichting Webshop Keurmerk by its members unless the member decides to submit the binding advice to the court for review within two months of its dispatch. This guarantee is revived if the binding advice is upheld upon judicial review, and the judgment confirming this becomes final. Up to an amount of €10,000 per binding advice, this amount will be paid to the consumer by Stichting Webshop Keurmerk. For amounts exceeding €10,000 per binding advice, €10,000 will be paid out. For any excess, Stichting Webshop Keurmerk has an obligation to ensure that the member complies with the binding advice.
2. To apply this guarantee, the consumer must make a written appeal to Stichting Webshop Keurmerk and transfer his claim against the entrepreneur to Stichting Webshop Keurmerk. If the claim against the entrepreneur exceeds €10,000, the consumer is offered to transfer his claim exceeding the amount of €10,000 to Stichting Webshop Keurmerk, after which this organization will seek payment in court at its own expense to satisfy the consumer.

Article 19 – Additional or Deviating Provisions

1. Additional provisions or provisions deviating from these general 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 in an accessible manner on a durable data carrier.

Article 20 – Amendment of the General Terms and Conditions of Stichting Webshop Keurmerk

1. Stichting Webshop Keurmerk will only amend these general terms and conditions in consultation with the Consumers‘ Association.
2. Changes to these conditions are only effective after they have been published in an appropriate manner, provided that if applicable changes during the term of an offer, the provision most favorable to the consumer will prevail.

Address Stichting Webshop Keurmerk:

Willemsparkweg 193, 1071 HA Amsterdam