Terms of service

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 the Right of Withdrawal
Article 9 - The Price
Article 10 - Conformity and Warranty
Article 11 - Delivery and Execution
Article 12 - Continuing 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 definitions apply:

Reflection Period: The period within which the consumer can exercise their right of withdrawal;
Consumer: The natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: Calendar day;
Continuing Transaction: A distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable Data Carrier: Any means that allows the consumer or entrepreneur to store information addressed to them personally in a way that enables future consultation and unaltered reproduction of the stored information.
Right of Withdrawal: The option for the consumer to waive the distance contract within the reflection period;
Model Form: The withdrawal form provided by the entrepreneur that a consumer can complete when they wish to exercise their right of withdrawal.
Entrepreneur: The natural or legal person offering products and/or services to consumers at a distance;
Distance Contract: A contract concluded in the context of an organized system by the entrepreneur for the remote sale of products and/or services, using one or more means of distance communication up to and including the conclusion of the contract;
Means of Distance Communication: A tool that can be used to conclude a contract without the consumer and entrepreneur being together in the same space at the same time.
General Terms and Conditions: These General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

Business Name: MAURO CHERNER
Company registration number: 93397291
VAT ID: NL005019594B22
Email Address: info@maurocherner.com

Article 3 - Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded 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, the entrepreneur will indicate, before the distance contract is concluded, 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 upon request as soon as possible.
3. If the distance contract is concluded electronically, then contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will 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 electronically or otherwise at the consumer's request.
4. In cases where specific product or service terms apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly. In case of conflicting terms, the consumer can always rely on the applicable provision that is most favorable to them.
5. If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions will otherwise remain in force, and the relevant provision will be replaced in mutual consultation without delay by a provision that approximates the original as closely as possible.
6. Situations not regulated in these general terms and conditions must be assessed "in the spirit" of these general terms and conditions.
7. Ambiguities about the interpretation or content of one or more provisions of these general 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 validity period or is made under specific 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 includes a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious errors or mistakes in the offer are not binding for the entrepreneur.
4. All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
5. Images accompanying products are a true representation of the offered products. However, the entrepreneur cannot guarantee that the displayed colors will exactly match the actual colors of the products.
6. Each offer contains such information that it is clear to the consumer what their rights and obligations are when accepting the offer. This includes, in particular:

o The price including taxes;
o Any shipping costs;
o The manner in which the agreement will be concluded and what actions are required for this;
o Whether or not the right of withdrawal applies;
o The method of payment, delivery, and execution of the agreement;
o The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
o The level of the tariff for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular base rate for the communication means used;
o Whether the agreement will be archived after its conclusion, and if so, in what way it can be consulted by the consumer;
o The way in which the consumer, prior to concluding the agreement, can check the data they have provided under the agreement and correct them if necessary;
o Any other languages in which the agreement can be concluded in addition to Dutch;
o The codes of conduct to which the entrepreneur has submitted and the way the consumer can consult these codes electronically; and
o The minimum duration of the distance contract in the case of a continuing
transaction.

Article 5 - The Agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the associated conditions.
2. 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 entrepreneur has not confirmed this acceptance, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations and all other facts and factors relevant to responsibly entering into the distance agreement. If, based on this investigation, the entrepreneur has good reasons not to conclude the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to its execution.
5. The entrepreneur will include the following information with the product or service provided to the consumer, either in writing or in a manner that allows the consumer to store it on a durable data carrier:

o The visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
o The conditions under which and the manner in which the consumer can exercise the right of withdrawal or a clear statement regarding the exclusion of the right of withdrawal;
o Information about guarantees and existing after-purchase service;
o The data specified in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the conclusion of the agreement;
o The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

6. In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.
7. Every agreement is entered into under the suspensive condition of sufficient availability of the products concerned.

Article 6 - Right of Withdrawal

For the delivery of products:
1. When purchasing products, the consumer has the option to dissolve the agreement without providing any reason within 14 days. This reflection period starts on the day after the consumer, or a representative designated by the consumer and communicated to the entrepreneur, receives the product.
2. During the reflection period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories and, if reasonably possible, in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The consumer must do so using the model form or another communication method, such as email. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must provide proof that the goods were returned on time, for example, with a shipping receipt.
4. If the consumer has not expressed their intention to exercise the right of withdrawal or has not returned the product to the entrepreneur after the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

For the delivery of services:
1. When providing services, the consumer has the option to dissolve the agreement without providing any reason for at least 14 days, starting on the day the agreement is entered into.
2. To exercise their right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest upon delivery.

Article 7 - Costs in Case of Withdrawal

1. If the consumer exercises their right of withdrawal, they are responsible for at most the cost of returning the product.
2. If the consumer has already made a payment, the entrepreneur 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 been received by the entrepreneur or that conclusive evidence of its complete return can be provided. Refunds will be made using the same payment method as used by the consumer unless the consumer explicitly agrees to an alternative method.
3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation in the product’s value.
4. The consumer cannot be held liable for depreciation in the product’s value if the entrepreneur has not provided all legally required information about the right of withdrawal prior to concluding the purchase agreement.

Article 8 - Exclusion of the Right of Withdrawal

1. The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur clearly stated this in the offer or at least before concluding the agreement.

2. Exclusion of the right of withdrawal is only possible for products:

o That are created by the entrepreneur according to the consumer’s specifications;
o That are clearly personal in nature;
o That cannot be returned due to their nature;
o That can spoil or age quickly;
o Whose price is subject to fluctuations in the financial market that are beyond the entrepreneur's control;
o For single issues of newspapers and magazines;
o For audio and video recordings and computer software whose seal has been broken by the consumer;
o For hygiene products whose seal has been broken by the consumer.

3. Exclusion of the right of withdrawal is only possible for services:

o Related to accommodation, transportation, catering, or leisure activities to be
performed on a specific date or during a specific period;
o Whose delivery has started with the consumer’s explicit consent before the cooling-off period has expired;
o Concerning bets and lotteries.

Article 9 - The Price

1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services at variable prices if these prices are subject to fluctuations in the financial market that are beyond the entrepreneur's control. The offer will indicate that any prices mentioned are target prices.

3. Price increases within three months of the agreement’s conclusion are only permitted if they result from statutory regulations or provisions.

4. Price increases after three months of the agreement’s conclusion are only permitted if the entrepreneur has stipulated this and:

o They result from statutory regulations or provisions; or
o The consumer has the right to terminate the agreement from the day 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 typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obligated 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 listed in the offer, reasonable standards of reliability and/or usability, and any existing legal provisions and/or government regulations at the time of the agreement's conclusion. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.
2. Any guarantee provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur based on the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within two months of their discovery.
4. The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the product's ultimate suitability for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:

o The consumer has repaired and/or modified the delivered products or had them repaired and/or modified by third parties;
o The delivered products have been exposed to abnormal conditions or handled carelessly or contrary to the entrepreneur's instructions and/or the product's packaging;
o The defect is wholly or partially the result of regulations imposed by the government regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

1. The entrepreneur will exercise the utmost care when receiving and executing product orders and when assessing requests for the provision of services.

2. The delivery address is the address provided by the consumer to the company.

3. Subject to the provisions of paragraph 4 of this article, the company will execute accepted orders promptly but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery experiences a delay or if an order cannot be executed or can only be partially executed, the consumer will be notified within 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement free of charge. The consumer is not entitled to compensation.

4. All delivery times are indicative. The consumer cannot derive any rights from any specified delivery times. Exceeding a delivery term does not entitle the consumer to compensation.

5. In the event of termination in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.

6. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. Delivery of a replacement item will be clearly communicated no later than at the time of delivery. For replacement items, the right of withdrawal cannot be excluded. Any costs of return are borne by the entrepreneur.

7. 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 and announced representative, unless expressly agreed otherwise.

Article 12 - Long-Term Transactions: Duration, Termination, and Renewal

Termination
1. The consumer may terminate an agreement concluded for an indefinite period and that involves the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period not exceeding one month.

2. The consumer may terminate a fixed-term agreement involving the regular delivery of products (including electricity) or services at any time at the end of the fixed period, subject to agreed termination rules and a notice period not exceeding one month.

3. The consumer may terminate the agreements referred to in the previous paragraphs:

o At any time and not be limited to termination at a specific time or during a specific period;
o At least in the same manner as they were entered into by the consumer;
o Always with the same notice period that the entrepreneur has stipulated for
themselves.

Renewal
4. A fixed-term agreement involving the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.

5. Contrary to the previous paragraph, a fixed-term agreement involving the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a maximum period of three months, provided the consumer can terminate the extended agreement at the end of the extension with a notice period not exceeding one month.

6. A fixed-term agreement involving the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate it at any time with a notice period not exceeding one month or, at most, three months if the agreement concerns the regular but less than monthly delivery of daily, news, and weekly newspapers and magazines.

7. A trial or introductory subscription for the regular delivery of daily, news, and weekly newspapers and magazines will not be tacitly renewed and will end automatically after the trial or introductory period.

Duration
8. 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 not exceeding one month, unless reasonableness and fairness prevent termination before the end of the agreed duration.

Article 13 - Payment

1. Unless otherwise agreed, amounts owed by the consumer must be paid within seven working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of a service agreement, this term starts after the consumer has received confirmation of the agreement.

2. The consumer has a duty to promptly report inaccuracies in payment details provided or stated to the entrepreneur.

3. In case of consumer default, the entrepreneur has the right, subject to legal\ limitations, to charge the consumer reasonable costs made known in advance.

Article 14 - Complaints Procedure
1. The entrepreneur has a well-publicized complaints procedure and handles complaints in accordance with this procedure.

2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within two months after the consumer identifies the defects.

3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

4. If a complaint cannot be resolved by mutual agreement, it results in a dispute subject to the dispute resolution procedure.

5. Consumers should first contact the entrepreneur with complaints. If the complaint remains unresolved, the consumer has the option to register the complaint through the European ODR platform (http://ec.europa.eu/odr).

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

7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.

Article 15 - Disputes

1. Agreements between the entrepreneur and the consumer governed by these general terms and conditions are exclusively subject to Dutch law, even if the consumer resides abroad.

2. The Vienna Sales Convention does not apply.

Article 16 - Additional or Deviating Provisions
1. Additional or deviating provisions 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 medium.