Terms of service

Terms and conditions

Article 1 - Definitions
In these terms and conditions, the following definitions apply:

Cancellation period: the period during which the consumer can exercise his right of cancellation;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Continuous transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over a certain period;
Durable medium: any means allowing the consumer or the business operator to store information addressed to him personally in a way that allows future retrieval and unchanged reproduction of the stored information.
Right of cancellation: the possibility for the consumer to terminate the distance contract during the cancellation period;
Entrepreneur: the natural or legal person who offers goods and/or services to consumers remotely;
Distance contract: an agreement in which, within the framework of a system organised by the entrepreneur for the distance sale of goods and/or services, up to and including the conclusion of the agreement, only one or more means of distance communication are used;
Remote communication technique: means that can be used to conclude a contract without the consumer and entrepreneur being in the same room at the same time.

General terms and conditions: these general terms and conditions of the entrepreneur.

 

Article 2 - Entrepreneurial identity

AD International Trading Company
Keutelbloem 63
9351WK Leek

Article 3 - Application
These general terms and conditions apply to any offer made by the entrepreneur and to all distance contracts and orders concluded between the entrepreneur and the consumer.

Before the remote agreement 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 agreement is concluded it will be indicated that the general terms and conditions can be viewed at the entrepreneur's premises and they will be sent to the consumer free of charge as soon as possible on request.

If the remote agreement is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically, irrespective of the preceding paragraph, prior to the conclusion of the remote agreement in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract where the general terms and conditions can be inspected electronically and that they will be sent to the consumer free of charge on request.

In addition to these general terms and conditions, specific product or service terms may apply. In the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favourable to him.

If one or more provisions of these General Terms and Conditions are or become wholly or partially invalid or unenforceable at any time, the Agreement and these Terms and Conditions will remain in force for the remainder and the relevant provision will be replaced immediately in mutual consultation by a provision that approaches the original provision in terms of content and purpose.

Situations not set out in these General Terms and Conditions must be considered ‘in the spirit’ of these General Terms and Conditions.

Uncertainty as to the interpretation or content of one or more provisions of our General Terms and Conditions must be interpreted ‘in the spirit’ of these General Terms and Conditions.

Article 4 - The offer

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

The offer is non-binding. The entrepreneur has the right to change and adjust the offer.

The tender 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 errors or mistakes in the offer do not bind the entrepreneur.

All images, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.

Pictures of products are a true representation of the offered products. The entrepreneur cannot guarantee that the colours shown exactly match the actual colours of the products.

Any offer contains such information that it is clear to the consumer which rights and obligations are attached to the acceptance of the offer. This applies in particular to:

• the price, excluding customs clearance costs and import VAT. These additional costs are at the customer's expense and risk. The postal and/or courier service will apply the special regulations for postal and courier services regarding imports. These regulations apply when the goods are imported into the country of destination in the EU, which is the case in this instance. The postal and/or courier service will collect the VAT from the recipient of the goods (irrespective of whether it is collected together with the customs clearance fees or not);
•  any shipping costs;
•  the manner in which the agreement is concluded and what actions are required for this;
• - whether or not the right of cancellation applies;
• - the method of payment, delivery and performance of the agreement;
• - the period for accepting the offer or the period during which the entrepreneur guarantees the price;
• - the amount of the distance communication tariff if the costs for the use of the distance communication technology are calculated on a basis other than the usual basic rate for the communication medium used;
• - whether the contract will be archived after it has been concluded and, if so, how it can be viewed by the consumer;
• - the way in which the consumer, prior to the conclusion of the contract, can verify the information he has provided in connection with the contract and, if desired, can correct it;
• - any other language in which the contract may be concluded;
• - the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult those codes of conduct electronically; and
• - the minimum duration of the distance contract in case of a continuous transaction.

Optional: available sizes, colours, type of materials.

Article 5 - The contract

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfils the conditions laid down therein.

If the consumer has accepted the offer electronically, the entrepreneur will immediately acknowledge receipt of the acceptance of the offer electronically. As long as the entrepreneur has not acknowledged receipt of this acceptance, the consumer can dissolve the agreement.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to protect the electronic data transmission and ensure a secure online environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

Within the legal framework, the entrepreneur can inquire whether the consumer can fulfil his payment obligations, as well as all the facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the contract, he is entitled to reject an order or request or to attach special conditions to the execution, with justification.

The entrepreneur will provide the consumer with the following information in writing or in such a way that it can be stored by the consumer on a durable medium with the product or service:

- the visiting address of the branch of the Entrepreneur to which the Consumer can send complaints;

- the conditions and the way in which the consumer can exercise his right of cancellation, or clear information that he is exempt from the right of cancellation;

- the information on guarantees and existing after-sales services;

- the data referred to in Article 4(3) of these terms and conditions, unless the entrepreneur has already provided the consumer with these data prior to the execution of the agreement;

- the conditions for cancelling the contract if the contract

Article 6 - Right of cancellation
When purchasing products, the consumer has the option of cancelling the agreement without giving a reason within a period of 14 days. This reflection period starts the day after the consumer or a representative notified to the entrepreneur receives the product.

During this reflection period, the consumer shall handle the product and packaging with care. The consumer should only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer makes use of the right of withdrawal, they shall return the product with all accompanying accessories and, if possible, in its original condition and packaging to the entrepreneur, in accordance with reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to use the right of withdrawal, they must notify the entrepreneur within 14 days of receipt of the product. The consumer should do this in the form of a written message/email. After declaring the intention to exercise the right of withdrawal, the consumer must return the goods within 14 days. The consumer must provide proof that the goods were returned on time, for example through a shipping certificate.

If the customer has not expressed the wish to exercise the right of withdrawal or has not returned the product to the entrepreneur after the periods referred to in paragraphs 2 and 3, the purchase is considered final.

Article 7 - Costs of withdrawal

If the consumer makes use of the right of withdrawal, they bear the costs of returning the goods.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the goods have already been returned to the entrepreneur or that clear proof of complete return has been provided.

Article 8 - Exclusion of the right of withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly indicated this in the offer, at least in good time before the conclusion of the agreement.

Exclusion of the right of cancellation is only possible for products:

• made to the consumer's specifications;
• clearly of a personalised nature;
• which cannot be returned due to their nature;
• may deteriorate or expire quickly;
• subject to fluctuations in the financial market beyond the control of the entrepreneur;
• for individual newspapers and magazines;
• for audio and video recordings and computer software where the consumer has broken the seal;
•  for hygiene articles where the consumer has broken the seal.

 

Exclusion of the right of cancellation is only possible for services:

• - related to accommodation, transport, catering or leisure activities and are to be offered on a specific date or during a specific period;
• - if delivery has begun with the express consent of the consumer before the cancellation period has expired;
• - related to betting and lotteries.

 

Article 9 - Price

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

Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and on which the trader has no influence, at variable prices. The offer will mention the link to fluctuations and that the mentioned prices are target prices.

Price increases within 3 months of the conclusion of the contract are only permitted if they follow from legal provisions or regulations.

Price increases after 3 months after conclusion of the contract are only permitted if the contractor has determined them and:
- they follow from statutory provisions or regulations; or

- the consumer has the right to cancel the contract on the day the price increase takes effect.

According to article 5, paragraph 1 of the VAT Act 1968, the place of supply is the country where the transport begins. In this case, the delivery takes place outside the EU. Subsequently, the postal or courier service will collect import VAT or explanation fees from the customer. Therefore, the entrepreneur does not charge VAT.

Article 10 - Conformity and warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications mentioned in the offer, reasonable requirements for suitability and/or usability, and the statutory provisions and/or government regulations applicable at the time of the conclusion of the agreement. contract. If agreed, the reseller also warrants that the product is suitable for use other than normal use.

A guarantee given by the retailer, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the retailer based on the contract.

Defective or misdelivered products should be reported in writing to the entrepreneur within 14 days of delivery. The return of the products should be in the original packaging and in new condition.

The warranty period of the entrepreneur corresponds to the factory warranty period. However, the entrepreneur is never liable for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

• the consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
  
• the delivered products have been subjected to abnormal conditions or otherwise handled negligently or contrary to the instructions of the contractor and/or the packaging;
• the defect is wholly or partly the result of regulations that the government has or will adopt concerning the nature or quality of the materials used.
  

 

Article 11 - Delivery and performance

The entrepreneur will exercise the utmost care when receiving and executing product orders.

The place of delivery is the address that the Consumer has provided to the company.

Subject to the provisions of Article 4 of these General Terms and Conditions, the company will fulfil accepted orders immediately, but no later than within 14 days, unless the Consumer has agreed to a longer delivery time. If the delivery is delayed or if an order cannot or only partially be fulfilled, the Consumer will be informed no later than 30 days after the order. In this case, the consumer has the right to dissolve the contract without costs and the right to any damages.

In the event of cancellation in accordance with the previous paragraph, the company will refund the amount paid by the consumer as soon as possible, but no later than 14 days after cancellation.

If delivery of an ordered product proves to be impossible, the company will make an effort to deliver a replacement product. It will be clearly and comprehensibly stated no later than upon delivery that a replacement item will be delivered. In the case of replacement goods, the right of cancellation cannot be excluded. The costs of the return are borne by the company.

The risk of damage and/or loss of products is borne by the company until the time of delivery to the consumer or a previously designated and notified representative of the company, unless otherwise expressly agreed.

Article 12 - Long-term contracts: Duration, termination and renewal

Termination

The consumer may terminate an open-ended contract for the regular supply of goods (including electricity) or the provision of services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The Consumer may terminate a fixed-term contract for the regular supply of goods (including electricity) or the provision of services at the end of the contract period, in accordance with the agreed termination rules and a notice period of no more than one month.

The Consumer may terminate the agreements referred to in the preceding paragraphs:

- at any time and is not limited to cancellation at a specific time or during a specific period;

- at least in the same way as they entered into them;

- always with the same cancellation period set by the entrepreneur for himself.

Renewal
A fixed-term contract for the regular supply of goods (including electricity) or services may not be tacitly renewed or extended for a fixed duration.

Notwithstanding the above paragraph, a fixed-term contract for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.

A fixed-term contract for the regular supply of goods or the provision of services may only be tacitly extended on 

 for an indefinite period of time if the consumer can terminate it at any time with a notice period of no more than one month, provided that the notice period does not exceed three months if the contract involves the regular, but less than monthly, delivery of daily or weekly newspapers and magazines.
fixed-term contract for regular delivery of daily or weekly newspapers and magazines as part of an introductory subscription (trial or introductory subscription) is not tacitly continued and terminates automatically at the end of the trial or introductory period.

Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time with a notice period of up to one month after the expiry of one year, unless termination before the agreed deadline is unjustified on grounds of fairness and reasonableness.

 

Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.

The consumer is obliged to immediately inform the entrepreneur of any inaccuracies in the provided or mentioned payment details.

In the event of non-payment by the Consumer, the Entrepreneur is entitled, subject to legal restrictions, to charge the Consumer the reasonable costs communicated to the Consumer in advance.

 

Article 14 - Complaints procedure

Complaints about the performance of the contract must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has discovered the defects.

Complaints sent to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved amicably, a dispute arises that is subject to dispute resolution.

A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.

If a complaint is considered justified by the entrepreneur, the entrepreneur will, at his own discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

Dutch law applies exclusively to contracts between the entrepreneur and the consumer to whom these general terms and conditions apply, even if the consumer resides abroad.