Terms and Conditions

Article 1 – Definitions

For the purposes of these Terms and Conditions, the following definitions apply:

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

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

Day: calendar day;

Continuing contract: a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligations are spread over time;

Durable medium: any means that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;

Right of withdrawal: the consumer’s right to withdraw from the distance contract within the cooling-off period;

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

Distance contract: a contract concluded as part of an organised distance-sales system for products and/or services, in which one or more means of distance communication are used exclusively up to and including the conclusion of the contract;

Means of distance communication: any means that may be used to conclude a contract without the consumer and trader being physically present in the same place at the same time;

Terms and Conditions: these Terms and Conditions of the trader.

Article 2 – Applicability

These Terms and Conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.

Before the distance contract is concluded, the text of these Terms and Conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded that the Terms and Conditions are available for inspection at the trader’s premises and that they will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, the text of these Terms and Conditions may, notwithstanding the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium.

If this is not reasonably possible, the consumer will be informed before the distance contract is concluded where the Terms and Conditions can be reviewed electronically and that they will be sent free of charge electronically or by other means upon request.

If specific product or service conditions apply in addition to these Terms and Conditions, the second and third paragraphs apply accordingly. In the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favourable to them.

If one or more provisions of these Terms and Conditions are at any time wholly or partially void or annulled, the remainder of the contract and these Terms and Conditions will remain in force. The relevant provision will then be replaced without delay, by mutual agreement, with a provision that reflects the purpose of the original provision as closely as possible.

Situations not covered by these Terms and Conditions must be assessed in accordance with the spirit of these Terms and Conditions.

Any uncertainty regarding the interpretation or content of one or more provisions of these Terms and Conditions must be interpreted in accordance with the spirit of these Terms and Conditions.

Article 3 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be clearly stated in the offer.

The offer is non-binding. The trader is entitled to amend or adjust the offer.

The offer contains a complete and accurate description of the products and/or services being offered. The description is sufficiently detailed to allow the consumer to properly assess the offer.

If the trader uses images, these will be a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding upon the trader.

All images, specifications and information included in the offer are indicative and cannot give rise to compensation or termination of the contract.

Product images are a truthful representation of the products offered. However, the trader cannot guarantee that the colours displayed exactly match the actual colours of the products.

Each offer contains sufficient information to make it clear to the consumer what rights and obligations are attached to accepting the offer. This particularly concerns:

the price, excluding customs-clearance fees and import VAT. These additional costs will be borne by and at the risk of the customer. The postal and/or courier service will use the special arrangement for postal and courier services in connection with importation. This arrangement applies where goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service will collect the VAT, whether or not together with customs-clearance fees, from the recipient of the goods;
any shipping costs;
the manner in which the contract will be concluded and the actions required for this purpose;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the contract;
the period during which the offer may be accepted or the period during which the trader guarantees the price;
the cost of distance communication, where the costs of using the means of distance communication are calculated on a basis other than the normal basic rate for the communication method used;
whether the contract will be archived after conclusion and, if so, how the consumer may access it;
the way in which the consumer may check and, if desired, correct the information provided under the contract before the contract is concluded;
any other languages in which the contract may be concluded in addition to Dutch;
any codes of conduct to which the trader is subject and the way in which the consumer may consult these codes electronically;
the minimum duration of the distance contract in the case of a continuing contract.

Optional information may include available sizes, colours and types of materials.

Article 4 – The Contract

Subject to paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfils the conditions attached to it.

If the consumer accepts the offer electronically, the trader will immediately confirm receipt of the acceptance electronically. Until receipt of the acceptance has been confirmed by the trader, the consumer may terminate the contract.

If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will provide a secure online environment.

If the consumer is able to make electronic payments, the trader will take appropriate security measures.

Within the limits of the law, the trader may investigate whether the consumer is able to meet their payment obligations, as well as all facts and circumstances relevant to responsibly entering into the distance contract.

If, based on this investigation, the trader has good reason not to enter into the contract, the trader is entitled to refuse an order or request with reasons, or to attach special conditions to its performance.

The trader will provide the consumer with the following information together with the product or service, in writing or in a form that allows the consumer to store it accessibly on a durable medium:

the business address of the trader’s establishment where the consumer may submit complaints;
the conditions under which and the method by which the consumer may exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
information about warranties and existing after-sales service;
the information referred to in Article 4, paragraph 3 of these Terms and Conditions, unless the trader has already provided this information to the consumer before performance of the contract;
the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of a continuing contract, the previous paragraph applies only to the first delivery.

Every contract is concluded subject to the condition that sufficient stock of the relevant products is available.

Article 5 – Right of Withdrawal

When purchasing products, the consumer has the right to terminate the contract without giving any reason within 30 days.

This cooling-off period begins on the day after the consumer, or a representative previously designated by the consumer and made known to the trader, receives the product.

During the cooling-off period, the consumer must handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to determine whether they wish to keep it.

If the consumer exercises the right of withdrawal, the product must be returned to the trader with all supplied accessories and, where reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

If the consumer wishes to exercise the right of withdrawal, they must notify the trader within 30 days after receiving the product.

The consumer must provide this notification in writing or by email.

After notifying the trader that they wish to exercise the right of withdrawal, the consumer must return the product within 30 days.

The consumer must be able to prove that the delivered goods were returned on time, for example by providing proof of shipment.

If the consumer has not notified the trader of their intention to exercise the right of withdrawal within the periods referred to in paragraphs 2 and 3, or has not returned the product to the trader, the purchase becomes final.

Article 6 – Costs in the Event of Withdrawal

If the consumer exercises the right of withdrawal, the cost of returning the products will be borne by the consumer.

If the consumer has paid an amount, the trader will refund this amount as soon as possible and no later than 30 days after withdrawal.

This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of the complete return shipment has been provided.

Article 7 – Exclusion of the Right of Withdrawal

The trader may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3.

The right of withdrawal may only be excluded if the trader has clearly stated this in the offer, or at least in good time before the contract is concluded.

The right of withdrawal may only be excluded for products:

manufactured by the trader in accordance with the consumer’s specifications;
that are clearly personal in nature;
that cannot be returned due to their nature;
that may deteriorate or expire quickly;
whose price is dependent on fluctuations in the financial market over which the trader has no control;
consisting of individual newspapers and magazines;
consisting of audio recordings, video recordings or computer software where the consumer has broken the seal;
consisting of hygiene products where the consumer has broken the seal.

The right of withdrawal may only be excluded for services:

relating to accommodation, transport, restaurant services or leisure activities to be provided on a specific date or during a specific period;
where performance began with the consumer’s express consent before the cooling-off period expired;
relating to betting and lotteries.

Article 8 – The Price

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

Notwithstanding the previous paragraph, the trader may offer products or services at variable prices where those prices are linked to fluctuations in the financial market over which the trader has no control.

This connection to market fluctuations and the fact that any stated prices are indicative prices will be mentioned in the offer.

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

Price increases from three months after conclusion of the contract are permitted only if the trader has stipulated this and:

the increase results from statutory regulations or provisions; or
the consumer has the right to terminate the contract on the day the price increase takes effect.

Under Article 5, paragraph 1 of the Dutch Turnover Tax Act 1968, the place of supply is the country in which transportation begins.

In this case, the supply takes place outside the European Union.

As a result, import VAT and/or customs-clearance fees will be collected from the customer by the postal or courier service.

The trader will therefore not charge VAT.

All prices are subject to printing and typographical errors.

The trader accepts no liability for the consequences of printing or typographical errors.

In the event of a printing or typographical error, the trader is not obliged to supply the product at the incorrect price.

Article 9 – Identity of the Trader

Company Name: EcomR8

Business Address: Goedestraat 11, Utrecht

Email: Corrovo.Wien@gmail.com

Chamber of Commerce Number: 98281194

VAT Identification Number: NL005321394B16

Article 10 – Conformity and Warranty

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of quality and/or usability, and the statutory provisions and/or government regulations in force on the date the contract was concluded.

If agreed, the trader also guarantees that the product is suitable for uses other than normal use.

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

Any defects or incorrectly delivered products must be reported to the trader in writing within 30 days after delivery.

Returned products must be sent back in their original packaging and in new condition.

The trader’s warranty period corresponds to the manufacturer’s warranty period.

However, the trader is never responsible for the ultimate 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 themselves, or has had them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal conditions, otherwise handled carelessly, or treated contrary to the trader’s instructions and/or the instructions on the packaging;
the defect is wholly or partly the result of regulations imposed or to be imposed by the government concerning the nature or quality of the materials used.

Article 11 – Delivery and Performance

The trader will exercise the greatest possible care when receiving and fulfilling orders for products.

The place of delivery is the address provided by the consumer to the company.

Subject to the provisions of Article 4 of these Terms and Conditions, the company will fulfil accepted orders with due speed and 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 informed no later than 30 days after placing the order.

In that case, the consumer has the right to terminate the contract free of charge and may be entitled to compensation.

In the event of termination in accordance with the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible and no later than 30 days after termination.

If delivery of an ordered product proves impossible, the trader will make reasonable efforts to provide a replacement item.

The consumer will be informed clearly and understandably, no later than at the time of delivery, that a replacement item is being supplied.

The right of withdrawal cannot be excluded for replacement items.

The cost of any return shipment of a replacement item will be borne by the trader.

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 previously designated by the consumer and made known to the trader, unless expressly agreed otherwise.

Article 12 – Continuing Contracts: Duration, Termination and Renewal

Termination

The consumer may terminate a contract concluded for an indefinite period and relating to the regular delivery of products, including electricity, or 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 relating to the regular delivery of products, including electricity, or services at any time at the end of the agreed fixed term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the contracts referred to in the previous paragraphs:

at any time and without being restricted to termination at a particular time or during a particular period;
at least in the same manner in which the contract was entered into;
with the same notice period as the trader has stipulated for itself.

Renewal

A fixed-term contract relating to the regular delivery of products, including electricity, or services may not be automatically renewed or extended for another fixed term.

Notwithstanding the previous paragraph, a fixed-term contract relating to the regular delivery of daily newspapers, news publications, weekly newspapers or magazines may be automatically renewed for a maximum fixed period of three months, provided that the consumer may terminate the renewed contract at the end of the renewal period with a notice period of no more than one month.

A fixed-term contract relating to the regular delivery of products or services may only be automatically renewed for an indefinite period if the consumer may terminate the contract at any time with a notice period of no more than one month.

A notice period of no more than three months may apply where the contract relates to the regular delivery, less than once per month, of daily newspapers, news publications, weekly newspapers or magazines.

A limited-duration contract for the trial or introductory delivery of daily newspapers, news publications, weekly newspapers or magazines will not be automatically continued and will end automatically after the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate it at any time after one year with a notice period of no more than one month, unless reasonableness and fairness prevent termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within seven business days after the cooling-off period referred to in Article 6, paragraph 1 begins.

In the case of a contract for the provision of a service, this period begins after the consumer has received confirmation of the contract.

The consumer is obliged to immediately inform the trader of any errors in payment details provided or stated.

In the event of non-payment by the consumer, and subject to statutory restrictions, the trader is entitled to charge reasonable costs that were disclosed to the consumer in advance.

Article 14 – Complaints Procedure

Complaints concerning the performance of the contract must be submitted to the trader within seven days after the consumer has discovered the defects.

The complaint must be complete and clearly described.

Complaints submitted to the trader will be answered within 30 days from the date of receipt.

If a complaint is expected to require a longer processing period, the trader will respond within 30 days with an acknowledgement of receipt and an indication of when the consumer may expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that may be submitted to the applicable dispute-resolution procedure.

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

If the trader determines that a complaint is justified, the trader may, at its discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between the trader and the consumer to which these Terms and Conditions apply are governed exclusively by Dutch law, even if the consumer resides outside the Netherlands.

Article 16 – CESOP

Due to measures introduced and strengthened from 2024 in connection with the Dutch Act amending the Turnover Tax Act 1968, which implements the Payment Services Directive, and the related implementation of the Central Electronic System of Payment Information, known as CESOP, payment service providers may record payment information in the European CESOP system.