Terms of Service

This website is operated by Toronto's Mode. Throughout the site, the terms "we," "us" and "our" refer to  Toronto's Mode.  Toronto's Mode offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

When you visit our website and/or purchase anything from us, you are participating in our "Service" and agree to be bound by the following terms and conditions ("Terms of Use"), including any additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the Website, including but not limited to users who are browsers, vendors, customers, merchants and/or content providers.

Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Use. If you do not agree to all the terms of this agreement, do not visit the website or use the services. If these terms of use are considered an offer, acceptance is expressly limited to these terms of use.

New features or tools added to the current offer are also subject to the terms of use. You can view the most recent version of the Terms of Use at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Use.

SECTION 1 - TERMS AND CONDITIONS OF ONLINE STORAGE

By agreeing to these Terms of Use, you represent that you are at least an adult in the state or province in which you live and that you have given us permission to allow your minor family members to use this site.

You may not use our products for illegal or unauthorized purposes, nor may you violate any laws in your jurisdiction (including, but not limited to, copyright laws) while using the Service.

You may not transmit any worms, viruses or code of a destructive nature.

Violation or breach of any of the terms will result in immediate termination of your services.

SECTION 2 - GENERAL TERMS AND CONDITIONS

We reserve the right to refuse service at any time and for any reason. You acknowledge that your content (excluding credit card information) is transmitted unencrypted and (a) may involve transmission over various networks and (b) may require adjustments to meet technical requirements when connecting networks or devices. Credit card information is always transmitted over networks in encrypted form. You agree not to reproduce, duplicate, copy, sell, resell or use any part of the Service, use of the Service or access to the Service or any contact on the website through which the Service is provided without express written permission from us. The headings used in this Agreement are for convenience only and are not intended to limit or restrict your use of the Service. 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if the information on this website is not accurate, complete or current. The material on this website is intended for general information purposes only and should not be used as the sole basis for making decisions without consulting primary, more accurate, complete or current sources of information. Use of the material on this site is at your own risk. This site may contain certain historical information. Historical information is by definition not current and is provided for reference only. We reserve the right to change the content of this site at any time, but have no obligation to update the information on our site. You agree that it is your responsibility to stay informed of changes on our site.

SECTION 4 - CHANGES IN SERVICES AND PRICES.

The prices of our products are subject to change. We reserve the right to change or discontinue the Service (or any part or content thereof) at any time without notice. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

Conclusion of Contract. The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalog. By clicking on the "Buy" button, you are making an offer to enter into a purchase contract. Immediately after dispatch, a confirmation of receipt of your order follows via an automated e-mail. This e-mail confirmation does not constitute acceptance of the contract.

SECTION 5 - WARRANTY

Legal warranty rights apply.

SECTION 6 - PRODUCTS OR SERVICES (IF APPLICABLE)

Certain products or services may only be available online through the Website. These products or services may only be available in limited quantities and can only be returned or exchanged in accordance with our return policy. Every effort has been made to display the colors and images of our products in the store as accurately as possible. We cannot guarantee that the display of colors on your computer monitor will be accurate. We reserve the right, but have no obligation, to limit the sale of our products or services to any particular person, geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All descriptions of products or prices of products are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service on this website is void where prohibited. We do not guarantee that the quality of any product, service, information or other material you purchase or receive will meet your expectations or that any errors in service will be corrected. All our products are shipped directly from our supplier in China to the consumer. All charges such as customs and import duties are the responsibility of the consumer.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION.

We reserve the right to refuse any order you place with us. We may limit or cancel purchase quantities per person, per household or per order at our sole discretion. These restrictions may apply to orders from or under the same customer account, the same credit card, and/or orders with the same billing and/or shipping address. In the event that we change or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number you provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases you make in our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary.

Please see our return policy for more information.

SECTION 8 - OPTIONAL TOOLS.

We may provide you with access to third-party tools over which we have no control or authority. You acknowledge and agree that we provide access to such tools "as is" and "as available" without warranties, representations or conditions and without any endorsement. We assume no liability arising out of or related to your use of optional third-party tools. Any use by you of optional tools offered through the Website is at your own risk and discretion and you must ensure that you are familiar with and agree to the terms and conditions upon which the tools are offered by the relevant third party vendor(s).

SECTION 9 - LINKS TO THIRD PARTY SUPPLIERS

Certain content, products and services available through our Service may contain third party material. Third party links on this website may take you to third party websites that are not affiliated with us. We are not responsible for verifying or evaluating the content or accuracy, and we do not warrant or assume any liability or responsibility for the third-party material or websites or any other third-party material, products or services. We shall not be liable for any damages or harm associated with the purchase or use of any goods, services, resources, content or other transactions in connection with third-party websites. Please read the third party's policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions about third party products should be directed to the third party.

SECTION 10 - COMMENTS, FEEDBACK AND OTHER USER SUBMISSIONS

If you send certain submissions (for example, contest entries) or send unsolicited creative ideas, suggestions, proposals, plans or other material at our request, whether online, by e-mail, by mail or otherwise (collectively, "comments"), you agree that we may edit, copy, publish, distribute, translate and otherwise use the comments you send at any time and without restriction in any medium. We are not and will not be required to (1) keep comments confidential; (2) pay any fee for comments; or (3) respond to comments. We have the right, but not the obligation, to monitor, edit or remove any content that we, in our sole discretion, deem unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that violates the intellectual property or these rights of any party.

SECTION 11 - TERMS OF USE

You agree that your comments will not infringe on the rights of any third party, including copyrights, trademarks, privacy, personal rights or other personal or proprietary rights. You further agree that your comments will not contain defamatory or otherwise unlawful, offensive or obscene material and will not contain computer viruses or other malware that may interfere in any way with the operation of the Service or any related website. You may not use a false email address, impersonate anyone other than yourself or otherwise mislead us or third parties as to the origin of your comments. You are solely responsible for all your comments and their accuracy. We take no responsibility and are not liable for comments posted by you or any third party.

Any special additional customs clearance fees and/or import duties are not included in the price and are the responsibility of the customer.

SECTION 12 - PERSONAL DATA

Provision of personal data through the Store is subject to our privacy policy. Please review our privacy policy.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS.

Occasionally, our website or service information may contain typographical errors, inaccuracies or omissions, which may relate to product descriptions, prices, promotions, offers, product shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel an order if information on the Service or any related website is inaccurate, at any time and without notice (including after you have submitted your order). We assume no obligation to update, modify or clarify any information on the Service or any related website, including but not limited to pricing information, unless we are required to do so by law. No stated update or renewal date applied to the Service or any related website may be used to indicate that information on the Service or any related website has been changed or updated.

ARTICLE 14 - PROHIBITED USES.

In addition to any other prohibitions set forth in the Terms of Use, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) encourage others to engage in or participate in any unlawful activity; (c) violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) infringe upon our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, defame, slander, harass, or discriminate against others on the basis of sex, sexual orientation, religion, ethnicity, race, age, nationality or disability (f) provide false or misleading information; (g) upload or transmit viruses or other malicious code that is or may be used in a manner that interferes with the functionality or operation of the Service or any related website, other websites, or the Internet (h) collect or track the personal information of others; (i) for spam, phishing, pharm, pretext, spider, crawl or scrape; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website if you violate any of the prohibited uses. (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website if you violate any of the prohibited uses. (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violation of any of the prohibited uses.

SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not warrant that use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from use of the Service will be accurate or reliable. You agree that we may from time to time remove the Service indefinitely or discontinue the Service at any time without notice. You expressly agree that your use of the Service or inability to use the Service is at your sole risk. The Service and all products and services made available to you through the Service are provided (unless expressly stated by us) "as is" and "as available" for your use, without any representation, warranty or condition, express or implied, including any implied warranties or conditions of merchantability merchantability, fitness for a particular purpose, durability, title and non-infringement or any loss or damage of any kind resulting from the use of the Service or any Content (or products) posted, transmitted or otherwise made available through the Service, even if advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions is limited to the maximum extent permitted by law.

ARTICLE 16 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless  Toronto's Mode and its parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising from your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

ARTICLE 17 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severable from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

ARTICLE 18 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the termination date; and/or accordingly may deny you access to our Services (or any part thereof).

ARTICLE 19 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

ARTICLE 20 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of The Netherlands.

SECTION 21 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 22 - CONTACT INFORMATION

Article 2 – Definitions

In these terms and conditions, the following definitions apply:

Reflection period: the period during which the consumer can exercise their right of withdrawal;

Consumer: the natural person who is not acting in the exercise of 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 of which is spread over time;

Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that facilitates future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;

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

Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services, using one or more techniques for distance communication up to and including the conclusion of the contract;

Technique for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur being in the same space at the same time.

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 3 – Applicability

These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer.

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 will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur's premises and they will be sent to the consumer as soon as possible, at no cost, upon the consumer's request.

If the distance contract is concluded electronically, in deviation from 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 it can be easily stored on a durable data carrier by the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be electronically inspected and that they will be sent to the consumer electronically or otherwise, free of charge, upon request.

In the event that specific product or service conditions are also applicable in addition to these general terms and conditions, the second and third paragraph are correspondingly applicable and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to them.

If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, then the contract and these conditions will otherwise remain in force and the relevant provision will be replaced immediately in mutual consultation by a provision that approaches the intent of the original as much as possible.

Situations not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.

Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

Article 4 – The Offer

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

The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, data in the offer are indicative and cannot lead to compensation or dissolution of the contract.

Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

- the price, excluding clearance costs and import VAT. These additional costs will be for the account and risk of the customer. The postal and/or courier service will use the special arrangement for postal and courier services with regard to the import. This arrangement applies if the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service collects the VAT (whether or not together with the clearance costs charged) from the recipient of the goods;

- the possible costs of shipping;

- the manner in which the contract will be concluded and which actions are required for it;

- whether or not the right of withdrawal applies;

- the method of payment, delivery, and execution of the contract;

- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;

- the amount of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a different basis than the regular base rate for the communication medium used;

- whether the contract is archived after its conclusion, and if so, how it can be consulted by the consumer;

- the way in which the consumer, before concluding the contract, can check and, if desired, restore the data provided by him in the context of the contract;

- the possible other languages in which the contract can be concluded in addition to Dutch;

- the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and

- the minimum duration of the distance contract in the case of an extended transaction.

Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set forth.

If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. As long as the acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

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 safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate safety measures.

The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.

With the product or service, the entrepreneur shall provide the consumer with the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

1. The visiting address of the entrepreneur's establishment where the consumer can go with complaints;
2. The conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
3. Information about guarantees and existing post-purchase service;
4. The data included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
5. The requirements for canceling the agreement if the agreement has a duration of more than one year or is indefinite.

In the case of a transaction of duration, the provision in the previous paragraph applies only to the first delivery.

Every agreement is entered into under the suspensive conditions of sufficient availability of the concerned products.

Article 6 – Right of Withdrawal

Upon the purchase of products, the consumer has the option to dissolve the contract without providing any reasons within 14 days. This reflection period begins on the day following the receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.

During the reflection period, the consumer will handle the product and the packaging with care. He shall only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging to the entrepreneur, following the reasonable and clear instructions provided by the entrepreneur.

When the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receiving the product. The consumer must express this via a written message/email. After the consumer has indicated that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the goods were returned on time, for instance by showing a shipping receipt.

If the customer has not made it known that he wishes to exercise his 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.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises his right of withdrawal, the cost of returning the products is for the consumer’s account.

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. However, this is under the condition that the product has already been received back by the web retailer or that conclusive proof of complete return can be submitted.

Article 8 – Exclusion of Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, at least in time before the contract is concluded.

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

1. that have been created by the entrepreneur in accordance with the consumer’s specifications;
2. that are clearly personal in nature;
3. that by their nature cannot be returned;
4. that can spoil or age quickly;
5. whose price is dependent on fluctuations in the financial market over which the entrepreneur has no influence;
6. for individual newspapers and magazines;
7. for audio and video recordings and computer software of which the consumer has broken the seal;
8. for hygienic products of which the consumer has broken the seal.

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

1. concerning accommodation, transport, restaurant business, or leisure activities to be carried out on a specific date or during a specific period;
2. whose delivery has begun with the express consent of the consumer before the reflection period has expired;
3. concerning betting and lotteries.

Article 9 – The Price

During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, subject to 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 over which the entrepreneur has no influence, with variable prices. This bond to fluctuations and the fact that any stated prices are indicative prices will be stated in the offer.

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

Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

1. they are the result of statutory regulations or provisions; or
2. the consumer has the authority to cancel the contract as of the day the price increase starts.

The place of delivery is, according to Article 5, paragraph 1 of the VAT Act of 1968, in the country where the transport begins. In this case, the delivery occurs outside the EU. Consequently, the postal or courier service will collect import VAT or clearance fees from the recipient. Therefore, the entrepreneur will not charge VAT.

All prices are subject to print and typographical errors. No liability is accepted for the consequences of print and typographical errors. In case of print and typographical errors, the entrepreneur is not obligated to deliver the product according to the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications mentioned in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations in existence on the date that the contract was concluded. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer, based on the contract, can enforce against the entrepreneur.

Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days after delivery. Products must be returned in their original packaging and in new condition.

The warranty period provided by the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur 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 processed the delivered products themselves or has had them repaired and/or processed by third parties;

The delivered products have been exposed to abnormal conditions or otherwise have been handled carelessly or have been treated contrary to the instructions of the entrepreneur and/or on the packaging;

The defectiveness is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the applied materials.

Article 11 – Delivery and Execution

The entrepreneur shall exercise the greatest possible care when receiving and executing product orders.

The address provided by the consumer to the company shall be considered the place of delivery.

With due regard to what is mentioned about this in Article 4 of these general terms and conditions, the company shall execute accepted orders with competent dispatch but no later than 30 days, unless a longer delivery period has been agreed upon with the consumer. If delivery experiences a delay, or if an order cannot be executed or can only be executed partially, the consumer shall be informed about this no later than 30 days after placing the order. In such an event, the consumer has the right to dissolve the contract without any costs and is entitled to any compensation.

In case of dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days following dissolution.

Should delivery of an ordered product prove to be impossible, the entrepreneur shall strive to provide a replacement item. It shall be clearly and comprehensibly stated that a replacement item will be delivered at the time of delivery. The right of withdrawal cannot be excluded for replacement items. The cost of any return shipment shall be borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the time of delivery to the consumer or a pre-designated and entrepreneur-advised representative, unless explicitly agreed otherwise.

Article 12 – Duration Transactions: Duration, Cancellation, and Extension

Cancellation

The consumer may cancel a contract entered into for an indefinite period of time, which is for regular delivery of products (including electricity) or services, at any time subject to the agreed cancellation rules and a notice period of at most one month.

The consumer may cancel a contract entered into for a definite period of time, which is for regular delivery of products (including electricity) or services, at any time by the end of the definite period in accordance with the agreed cancellation rules and a notice period of at most one month.

The consumer can cancel the contracts mentioned in the previous paragraphs:

- At any time and not be limited to cancellation at a specific time or in a specific period;

- At least in the same manner as they were entered into by him;

- Always with the same notice period as the entrepreneur has stipulated for himself.

Extension

A contract entered into for a definite period of time, which is for the regular delivery of products (including electricity) or services, may not be automatically extended or renewed for a specific duration.

Contrary to the previous paragraph, a contract entered into for a definite period of time, which is for the regular delivery of daily newspapers, news and weekly magazines, and periodicals, may be silently extended for a specific duration of a maximum of three months if the consumer can cancel this extended contract by the end of the extension with a notice period of at most one month.

A contract entered into for a definite period of time for the regular delivery of products or services may only be silently extended for an indefinite period if the consumer can cancel at any time with a notice period of at most one month and a notice period of at most three months if the contract is for regular delivery of daily, news and weekly newspapers and periodicals but less than once a month.

A contract entered into for a limited duration for regular trial delivery of daily newspapers, news and weekly magazines, and periodicals (trial or introductory subscription) is not silently continued and ends automatically after the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may cancel the contract at any time with a notice period of at most one month unless reasonableness and fairness oppose cancellation before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts due by the consumer should be paid within 7 working days after the beginning of the reflection period as referred to in Article 6 paragraph 1. In case of a contract to provide a service, this period begins after the consumer has received confirmation of the agreement.

The consumer has the duty to immediately report inaccuracies in payment data provided or specified to the entrepreneur.

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

Article 14 – Complaints Procedure

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

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

If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute resolution procedure.

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

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at her choice, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. This also applies if the consumer resides abroad.