Article 5 – The Agreement

The contract is considered concluded, except for the provisions of paragraph 4, at the moment the offer is accepted by the consumer and the established conditions are met.

If the consumer has accepted the offer electronically, the merchant will immediately confirm its acceptance electronically. Until the merchant confirms acceptance, the consumer has the right to withdraw from the contract. If the contract is concluded electronically, the merchant will take the necessary technical and organizational measures to protect the electronic transmission of data and will ensure a secure online environment. If the consumer can pay electronically, the merchant must take appropriate security measures.

The merchant has the right, within the framework of the law, to verify whether the consumer is able to meet their payment obligations and to determine all relevant facts and factors necessary for the responsible conclusion of a distance contract. If, based on this verification, the merchant considers that the contract cannot be concluded, they have the right to refuse the order or request, or to impose additional conditions.

The merchant will provide the following information for the products or services offered to the consumer, either in writing or in a way that the consumer can save on a permanent and easily accessible medium:

• The business address of the merchant’s branch, to which the consumer can send complaints.

• The address of the merchant’s branch where the consumer can file complaints.

• The conditions and method by which the consumer can exercise the right of withdrawal from the contract, or a clear statement regarding the exclusion of the right of withdrawal.

• Information regarding warranties and after-sales service.

• The information provided in Art. 4 paragraph 3 of these terms, if the merchant has not provided it to the consumer before the conclusion of the contract.

• The requirements for terminating the contract if it is concluded for a period longer than one year or for an indefinite period.

In the case of a continuous transaction, the provisions of the previous paragraph apply only to the first delivery.

Any agreement is subject to the availability of a sufficient quantity of the relevant products.

If the customer has ordered a product, but after placing the order it turns out that the size, color, or product is out of stock, we will contact the customer three times. If, after three attempts, we do not receive a response from the customer, we will send the closest available size or color.

If a problem arises with the address, we will contact the customer up to three times. If the customer does not respond, it is the customer’s responsibility to contact us in order to find a solution together and resolve the situation.

Article 6 – Right of Withdrawal from the Contract

When purchasing products, the consumer has the right to withdraw from the contract within 30 days without providing a reason. The reflection period begins on the day after the product is received by the consumer or by the person designated by them.

During the reflection period, the consumer must handle the product and packaging with care. The product may be opened or used only to determine whether they wish to keep it.

If the consumer exercises their right of withdrawal from the contract, they must return the product to the merchant, together with all accessories provided and, if possible, in its original condition and packaging, in accordance with the merchant’s clear and reasonable instructions.

The consumer must inform the merchant of their intention to exercise the right of withdrawal from the contract within 30 days of receiving the product. The withdrawal must be made in writing or by e-mail. After the consumer has informed the merchant that they wish to exercise their right of withdrawal, they have 30 days to return the product. The consumer must be able to prove that they returned the product on time, for example, with proof of delivery.

If the consumer does not indicate that they wish to exercise the right of withdrawal from the contract or does not return the product to the merchant within the terms provided in paragraphs 2 and 3, the sales contract remains valid.

Article 7 – Costs of Withdrawal from the Contract

If the consumer exercises the right of withdrawal from the contract, the return costs will be borne by the consumer.

The merchant is obliged to reimburse the amount paid by the consumer as soon as possible, but no later than 14 days from the withdrawal from the contract. This assumes that the product has already been received back. Upon return, the merchant may request the merchant’s signature or other convincing proof that the product has been fully returned.

If delivery has not taken place, the customer has not collected the order, and the customer does not wish the order to be reshipped, we cannot refund the costs.

Article 8 – Exclusion of the Right of Withdrawal from the Contract

The merchant may exclude the consumer’s right to withdraw from the contract in certain cases, if the following conditions are met:

• The merchant has clearly indicated in the offer the exclusion of the right of withdrawal, at least with sufficient time before the conclusion of the contract.
• The exclusion of the right of withdrawal applies only to certain products or services.

The right of withdrawal from the contract may be excluded for products in the following cases:

• The merchant has manufactured the product according to the consumer’s specifications.
• The product is clearly of a personal nature.
• The product cannot be returned due to its nature, for example, hygiene products sealed by the consumer.
• The product deteriorates quickly or expires.
• The price of the product fluctuates on the financial market, over which the merchant has no control.
• Newspapers and magazines issued.
• Audio and video recordings and computer software sealed by the consumer.

In the case of services, the right of withdrawal may be excluded in the following cases:

• The service concerns accommodation, transport, restaurants, or recreational activities that must be provided on a certain date or within a certain period.
• The provision of the service began before the expiration of the withdrawal period, with the express consent of the consumer.
• The service includes gambling and betting.

Article 9 – Price

The prices of the products and services offered during the validity period of the offer will not normally be increased, except in the case of a change in the VAT rate. However, the merchant may offer products or services whose price is subject to fluctuations in the financial market, over which the merchant has no control. These prices may vary as specified in the offer. It is important that the link to the price fluctuations be clearly indicated in the offer and that all prices are final prices.

Price increases are permitted only up to three months after the conclusion of the contract, if they are based on statutory provisions or regulations. After this period, price increases are permitted only if the merchant has announced them and they are based on statutory regulations, or if the consumer has the right to withdraw from the contract on the day the price increase takes effect.

According to Art. 5 paragraph 1 of the Value Added Tax Act of 1968, delivery takes place in the country where transport begins. If delivery takes place in the EU business, such as by post or courier, the consumer may be liable for import VAT or customs duties. In this case, the merchant does not charge VAT.

Please note that all prices may include typographical errors and the merchant does not assume responsibility for typographical errors. In the case of typographical errors, the merchant may accept or reject the order.

Article 10 – Conformity and Warranty

The merchant guarantees that the products and services comply with the contract, with the characteristics mentioned in the offer, with reasonable requirements of reliability and usability, and with the legal regulations existing at the time of the conclusion of the contract. If agreed, the merchant may also guarantee that the product is suitable for a use different from that for which it is intended.

It is important to note that the warranty offered by the merchant, manufacturer, or importer does not affect the rights and claims of the consumer arising from the law and the contract.

If the product is defective or incorrectly delivered, the merchant must be notified in writing within 30 days of delivery. Returned products must be in their original packaging and in new condition.

The merchant’s warranty period is equal to the manufacturer’s warranty period, which means that the merchant undertakes to provide a warranty for its products for the same period during which the manufacturer offers the warranty. However, the merchant does not guarantee the final suitability of the products for the individual use of the consumer and does not provide advice regarding the use or application of the products.

The warranty does not apply if:

• The consumer repairs or modifies the delivered products or has them repaired or modified by a third party.
• If the consumer or a third party repairs or modifies the delivered products or has them modified or repaired by a third party, or if the consumer requests that the products be modified or repaired by a third party.
• The defect is caused entirely or partially by (future) government regulations regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The merchant will give the utmost care to the processing and delivery of product orders.

Considering what is mentioned in Art. 4 of these general terms and conditions, the merchant will process received orders promptly, but no later than 30 days, unless the consumer has agreed to a longer delivery period.

If delivery is delayed, cannot be completed, or can only be partially fulfilled, the consumer will be informed no later than 30 days after placing the order. In this case, the consumer has the right to terminate the contract at no cost and is entitled to any compensation.

If the contract is terminated for the reasons mentioned above, the merchant must refund the amount paid by the consumer as soon as possible, but no later than 14 days from termination.

If it is not possible to deliver the ordered product, the merchant will make every effort to deliver a replacement product. The consumer will be clearly and explicitly informed that this is a replacement product. The consumer reserves the right to withdraw from the contract in the case of a product exchange, and this cannot be excluded. The costs for returning the product will be borne by the merchant.

The risk of damage and/or loss of the products is borne by the merchant until the moment they are handed over to the consumer or a representative designated by the consumer and known to the merchant, unless otherwise agreed.

Article 12 – Continuing Agreements: Duration, Termination, and Renewal

Termination

The consumer may terminate a contract concluded for an indefinite period, which relates to the regular delivery of products (including energy) or services, at any time, taking into account the agreed rules for termination and a notice period of no more than one month.

A contract concluded for a fixed term, which relates to the regular delivery of products (including energy) or services, may be terminated by the consumer at the end of the fixed term, taking into account the agreed rules for termination and notification, for a period of at least one month.

The consumer may terminate such contracts as follows:

• Termination may take place at any time and must not be limited to a specific date or period.
• Notice must be given in at least the same manner in which the contract was originally concluded.
• Termination must always be made with proper compliance with the notice period established by the merchant.

Continuation

A contract concluded for a fixed term, which relates to the regular delivery of products (including energy) or services, may not be automatically extended or renewed for a fixed period. This means that the fixed-term contract expires at the end of the agreed period and is not automatically renewed.

The exception to the above rule applies to weekly newspapers and magazines. Such a fixed-term contract may be automatically renewed for a period of no more than three months. However, it is important to note that the consumer has the right to terminate this renewed contract before the expiration of the term, with a notice period of up to one month.

A fixed-term contract relating to the regular delivery of products or services may be automatically extended for an indefinite period only if the consumer can terminate the contract at any time with a notice period of no more than one month, except for the regular delivery of daily and weekly newspapers and magazines and other types of contracts which may only be renewed for a period of three months.

A fixed-term contract for subscriptions to newspapers, magazines, and periodicals will automatically expire at the end of the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year, with a notice period not exceeding one month, if termination before the expiration of the agreed period is not reasonable and equitable.

Article 13 – Payment

In the absence of an agreement to the contrary, the consumer must pay the amount due within 7 working days from the start of the reflection period, as indicated in Article 6 paragraph 1. In the case of a contract for the provision of a service, this payment period begins after the consumer receives confirmation of the contract.

It is important for the consumer to verify the payment details and immediately inform the merchant of any discrepancies. This helps ensure that the payment information is correct and that payments can be processed properly.

If the consumer fails to make the payment, the merchant may be entitled to charge reasonable costs, of which the consumer has been previously informed, within the limits of legal regulations.

Article 14 – Complaints Policy

Complaints regarding the execution of the contract must be submitted to the merchant within 7 days from the discovery of the non-compliance with the contract. Complaints must be described completely and clearly.

The merchant must respond to complaints within 14 days of receipt. If it is expected that resolving the complaint will take longer, the merchant will send an acknowledgment of receipt and inform the consumer of when they can expect a detailed response.

It is important to note that submitting a complaint does not automatically suspend the merchant’s obligations, unless otherwise communicated in writing.

If the merchant considers the complaint to be justified, they may replace or repair the delivered products free of charge.

If the complaint cannot be resolved amicably, a dispute will be opened, which will be subject to dispute resolution procedures.

Article 15 – Disputes

To the extent that these general terms and conditions apply between the merchant and the consumer, the contract is governed exclusively by the applicable law of the location. This means that the interpretation, validity, and enforcement of the contract will be in accordance with that applicable law, regardless of whether the consumer resides in the same country or conducts business there.