Article 17 – Additional or deviating provisions

Article 1 - Definitions

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

1.    Cooling-off period: the period during which the consumer may exercise their right of withdrawal;

2.    Consumer: a natural person who is not acting in the course of a trade or business and who enters into a distance contract with the trader;

5.    Durable medium: any medium that enables the consumer or business to store information addressed personally to them in a way that allows for future reference and the unaltered reproduction of the stored information.

7.    Model form: the model withdrawal form provided by the trader, which a consumer can complete if they wish to exercise their right of withdrawal.

8.    Trader: a natural or legal person who offers products and/or services to consumers at a distance;

10. Means of distance communication: a method that can be used to conclude a contract without the consumer and the trader being physically present in the same place at the same time.

Article 2 - Identity of the business owner

E-mailadres: contact@galileothermometer.nl

Article 3 - Applicability

1.    These terms and conditions apply to all offers made by the trader and to all distance contracts and orders concluded between the trader and the consumer.

2.    Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be stated before the distance contract is concluded that the general terms and conditions may be inspected at the trader’s premises and will be sent free of charge as soon as possible at the consumer’s request.

4.    In the event that, in addition to these general terms and conditions, specific terms and conditions relating to products or services also apply, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to them.

6.    Situations not covered by these terms and conditions must be assessed in accordance with the spirit of these terms and conditions.

Article 4 - The Offer

2.    The offer is subject to change. The trader is entitled to amend and modify the offer.

4.    All images and specifications in the offer are for illustrative purposes only and cannot give rise to a claim for compensation or the termination of the contract.

6.    Every offer must contain sufficient information to make it clear to the consumer what rights and obligations are attached to the acceptance of the offer. This applies in particular to:

·         the period within which the offer must be accepted, or the period during which the trader guarantees the price;

·         the rate for remote communication where the costs of using the remote communication technology are calculated on a basis other than the standard basic rate for the means of communication used;

·         whether the contract is archived after it has been concluded, and if so, how the consumer can access it;

·         the way in which the consumer, prior to concluding the contract, can check the information provided by them in connection with the contract and, if necessary, correct it;

·         any other languages in which, in addition to Dutch, the contract may be concluded;

·         the codes of conduct to which the trader has subscribed and the manner in which the consumer may consult these codes of conduct electronically; and

·         the minimum duration of the distance contract in the case of a long-term contract.

      

Article 5 - The agreement

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

2.    If the consumer has accepted the offer by electronic means, the trader shall immediately confirm receipt of the acceptance of the offer by electronic means. Until the trader has confirmed receipt of this acceptance, the consumer may withdraw from the contract.

3.    If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the trader shall observe appropriate security measures in this regard.

4.    The trader may – within the limits of the law – ascertain whether the consumer is able to meet their payment obligations, as well as all those facts and factors that are relevant to the responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has good grounds for not entering into the contract, they are entitled to refuse an order or request, stating their reasons, or to attach special conditions to its performance.

5.    The trader shall provide the consumer with the following information in connection with the product or service, either in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

a. the visiting address of the trader’s premises where the consumer can go to make a complaint;

b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

c. information about warranties and existing after-sales service;

d. the information set out 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;

e. the conditions for terminating the contract if the contract has a term of more than one year or is of indefinite duration.

6.    In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

7.    Every agreement is subject to the condition precedent of sufficient availability of the relevant products.

   

Article 6 - Right of withdrawal

Upon delivery of products:

1.      When purchasing products, the consumer has the right to cancel the contract within 30 days without giving any reason. This cooling-off period begins on the day after the product is received by the consumer or by a representative designated in advance by the consumer and notified to the trader.

2.      During the cooling-off period, the consumer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep it. If they exercise their right of withdrawal, they shall return the product to the trader with all accessories supplied and – where 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 their right of withdrawal, they must notify the trader of this within 30 days of receiving the product. The consumer must do so using the model form. Once the consumer has notified the trader of their intention to exercise their right of withdrawal, they must return the product within 14 days. The consumer must provide evidence that the goods have been returned in good time, for example by means of proof of dispatch.

4.      If, upon expiry of the time limits referred to in paragraphs 2 and 3, the customer has not indicated their intention to exercise their right of withdrawal or has not returned the product to the trader, the sale is deemed to have been concluded.

When providing services:

5.      In the case of the provision of services, the consumer has the right to withdraw from the contract without giving any reason within at least 30 days, starting from the day the contract is concluded.

6.      To exercise their right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the trader in the offer and/or, at the latest, upon delivery.

Article 7 - Costs in the event of withdrawal 

1.    If the consumer exercises their right of withdrawal, they will be liable for no more than the cost 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 the withdrawal. This is subject to the condition that the product has already been received by the online retailer or that conclusive proof of full return can be provided. The refund will be made via the same payment method used by the consumer, unless the consumer expressly consents to a different payment method.

3.    If the product is damaged as a result of careless handling by the consumer, the consumer is liable for any resulting loss in value.

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 regarding the right of withdrawal; this must be done before the sales contract 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 shall apply only if the trader has clearly stated this in the offer, or at least in good time before the contract is concluded.

2.    The right of withdrawal may only be excluded for products:

a. which have been produced by the trader in accordance with the consumer’s specifications;

b. which are clearly of a personal nature;

c. which, by their nature, cannot be returned;

d. which can spoil or go off quickly;

e. the price of which is subject to fluctuations in the financial market over which the trader has no control;

f. for individual newspapers and magazines;

g. for audio and video recordings and computer software where the consumer has broken the seal.

h. for hygiene products where the consumer has broken the seal.

3.    The right of withdrawal may only be excluded in respect of services:

a. relating to accommodation, transport, catering or leisure activities to be provided on a specific date or during a specific period;

b. the supply of which has begun with the consumer’s express consent before the cooling-off period has expired;

c. concerning 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.     Notwithstanding the previous paragraph, the trader may offer products or services at variable prices where those prices are subject to fluctuations in the financial market over which the trader has no control. This dependence on market fluctuations and the fact that any prices quoted are indicative prices must be stated in the offer.

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

4.     Price increases taking effect three months or more after the conclusion of the contract are only permitted if the trader has stipulated this and:

a. are the result of statutory regulations or provisions; or

b. the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.

5.     The prices quoted in the range 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 or typesetting errors, the trader is not obliged to supply the product at the incorrect price.

   

Article 10 - Compliance and Warranty

1.      The trader guarantees that the products and/or services comply with the contract, the specifications set out in the offer, reasonable requirements of quality and/or fitness for purpose, and the statutory provisions and/or government regulations in force on the date the contract is concluded. Where agreed, the trader also guarantees that the product is suitable for use other than normal use.

2.      Any warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the trader under the contract.

3.      Any defects or incorrectly delivered products must be reported to the trader in writing within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.

4.      The trader’s warranty period corresponds to the manufacturer’s warranty period. However, the trader is in no way responsible for the ultimate suitability of the products for any individual use by the consumer, nor for any advice regarding the use or application of the products.

5.      The warranty does not apply if:

·         the consumer has repaired and/or altered the delivered products themselves or had them repaired and/or altered by third parties;

·         The products supplied have been exposed to abnormal conditions or have otherwise been handled carelessly, or have been treated in a manner contrary to the trader’s instructions and/or the instructions on the packaging;

·         the defect is wholly or partly attributable to regulations which the government has laid down or will lay down regarding the nature or quality of the materials used.

   

Article 11 - Delivery and execution

1.     The business will exercise the utmost care when receiving and fulfilling orders for products and when assessing requests for the provision of services.

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

3.     Subject to the provisions of paragraph 4 of this article, the company will fulfil accepted orders with due diligence, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In such a case, the consumer has the right to terminate the contract free of charge. The consumer is not entitled to compensation.

4.     All delivery times are approximate. The consumer cannot derive any rights from any delivery times that may be stated. Exceeding a delivery time does not entitle the consumer to compensation.

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

6.     If it proves impossible to deliver an ordered product, the trader will endeavour to provide a replacement item. No later than upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded in the case of replacement items. The costs of any return shipment shall be borne by the trader.

7.     The risk of damage to and/or loss of products remains with the trader until the moment of delivery to the consumer or to a representative designated in advance and notified to the trader, unless expressly agreed otherwise.

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

Cancellation

1.    The consumer may terminate a contract entered into for an indefinite period and relating to the regular supply of goods (including electricity) or services at any time, subject to the agreed notice provisions and a notice period of no more than one month.

2.    The consumer may terminate a fixed-term contract for the regular supply of goods (including electricity) or services at any time prior to the end of the fixed term, subject to the agreed notice provisions and a notice period of no more than one month.

3.    The consumer may terminate the contracts referred to in the preceding paragraphs:

·         terminate at any time and not be restricted to termination at a specific time or during a specific period;

·         at least terminate them in the same manner as they were entered into by him;

·         always give notice with the same notice period as the business owner has stipulated for themselves.

Extension

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

4.    Notwithstanding the previous paragraph, a fixed-term contract for the regular delivery of daily newspapers, weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, provided that the consumer may terminate this renewed contract at the end of the renewal period with a notice period of no more than one month.

5.    A fixed-term contract for the regular supply of goods or services may only be tacitly renewed for an indefinite period if the consumer is entitled to terminate the contract 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 provides for the regular, but less than once a month, daily, news and weekly newspapers and magazines.

6.    A fixed-term agreement for the regular delivery of daily newspapers, news publications, weekly newspapers and magazines (trial or introductory subscription) is not automatically renewed and ends automatically at the end of the trial or introductory period.

Term

7.    If a contract has a term of more than one year, the consumer may, after one year, terminate the contract at any time subject to a notice period of no more than one month, unless termination before the end of the agreed term is contrary to the principles of reasonableness and fairness.

   

Article 13 - Payment

1.     Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days of the start of the cooling-off period as referred to in Article 6(1). In the case of a contract for the provision of a service, this period begins once the consumer has received confirmation of the contract.

2.     The consumer is obliged to notify the trader immediately of any inaccuracies in the payment details provided or stated.

3.     In the event of non-payment by the consumer, the trader is entitled, subject to any legal restrictions, to charge the consumer for reasonable costs that have been communicated to the consumer in advance.

Article 14 - Complaints Procedure

1.    The business has a clearly publicised complaints procedure and handles the complaint in accordance with this procedure.

2.    Complaints regarding the performance of the contract must be submitted to the trader within 7 days of the consumer becoming aware of the defects, and must be fully and clearly described.

3.    Complaints submitted to the trader will be responded to within 14 days of the date of receipt. If a complaint requires a foreseeable longer processing time, the trader 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.

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

5.    In the event of a complaint, the consumer should first contact the trader. If the online shop is a member of Stichting WebwinkelKeur and the complaint cannot be resolved through mutual agreement, the consumer should contact Stichting WebwinkelKeur ( www.webwinkelkeur.nl ), which will mediate free of charge. Check whether this online shop has a current membership via https://www.webwinkelkeur.nl/leden/. If a solution cannot be reached, the consumer has the option of having their complaint dealt with by the independent disputes committee appointed by Stichting WebwinkelKeur; its ruling is binding, and both the trader and the consumer agree to this binding ruling. Submitting a dispute to this disputes committee involves costs which must be paid by the consumer to the committee in question. It is also possible to submit complaints via the European ODR platform ( http://ec.europa.eu/odr ).

6.    A complaint does not suspend the trader’s obligations, unless the trader states otherwise in writing.

7.    If the trader finds a complaint to be justified, the trader will, at their discretion, either replace or repair the delivered products free of charge.

   

Article 15 - Disputes

1.     Contracts between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. This applies even if the consumer is resident abroad.

2.     The Vienna Sales Convention does not apply.

Article 16 - Afterpay Terms and Conditions

Any additional provisions or provisions deviating from these general terms and conditions must not be to the detriment of the consumer and must be set out in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.