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General conditions

General Conditions/Terms

Contents:
Article 1- Definitions
Article 2- Corporate Identity/Entrepreneur
Article 3- Relevance
Article 4- Offer
Article 5- Agreement
Article 6- Right of Withdrawal
Article 7- Obligations of the consumer during the Consideration time
Article 8- Exercise of the right of withdrawal by the consumer and the costs
Article 9- Obligations of the entrepreneur in case of withdrawal
Article 10- Exclusion Right of Withdrawal
Article 11- Pricing
Article 12- Conformity and Guarantees
Article 13- Delivery and Execution
Article 14- Length transactions: duration, termination and extension
Article 15- Payments
Article 16- Complaints
Article 17- Disputes
Article 18- Additional and Different Provisions

Article 1 – Definitions
In these Conditions/Terms the following definitions are applicable:
1. Additional agreement: an agreement whereby the consumer products, digital content and/or services acquired in connection with a distance contract and these goods, digital content and/or services are provided by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur.
2. Consideration time: the term during which the consumer can execute the right of withdrawal.
3. Consumer:  the natural person not dealing on behalf of a company or profession and who comes to a distance agreement with the entrepreneur.
4. Day: calendar day
5. Digital content: data which are produced in digital form and are supplied.
6. A length transaction: a distance agreement related to a series of products and services of which the delivery obligation and the purchasing are spread over a period of time.
7. Durable Medium: any instrument which enables the recipient or the entrepreneur to store information addressed personally to them in a way accessible to future reference for a period of time adequate to the purpose of the information and which allows the unchanged reproduction of the information stored.
8. Right of Withdrawal: the possibility for the consumer to terminate the distance agreement within the consideration term.
9. Entrepreneur: the natural person or corporation who offers products from a distant to consumers.
10. Distance Agreement: an agreement based on a corporate organized system of distance sales of products and services including the closing of an agreement using one or more techniques of distant communication.
11. Model withdrawal form: the European model of the conditions for withdrawal set out in Annex I. Annex I need not be made available if the consumer in respect of his order has no right of withdrawal.
12. Technique of distant Communicationa means that can be used to close an agreement without the consumer and the entrepreneur have gathered together in the same place and at the same time.

Article 2- Corporate Identity/Entrepreneur
Constyle BV
Vareseweg 140

3047 AV Rotterdam
E-mail: support@constyle.nl
Chamber of commerce number: 65052129
VAT identification number: NL855961867B01

Article 3- Relevance
1. These general conditions/terms apply to any offer of the entrepreneur and to every finalized distance agreement between entrepreneur and consumer.
2. Before the distance agreement is concluded, the text of the general conditions/terms is being made available to the consumer. If this is reasonably not possible, it will be indicated that the general conditions/terms can be seen at the entrepreneur and on request of the consumer these general conditions/terms shall be sent to the consumer as soon as possible without extra costs.
3. If the distance agreement is concluded electronically, not withstanding the previous article and before the distance agreement is concluded, the text of the general conditions/terms can be made available electronically to the consumer in such a way that the text can be saved in a simple way on a durable medium. If this is reasonably not possible that before the distance agreement is concluded it will be indicated where the consumer can find the general conditions/terms electronically and that these conditions/terms at the consumer’s request will be sent electronically or otherwise to the consumer without extra cost.
4. For the case that besides these general conditions/terms, specific product and service conditions are also applicable, the second and third article are mutatis and in case of conflicting conditions/terms the consumer can appeal on the relevant conditions/terms which are the most favorable for the consumer.

Article 4- Offer
1. If an offer has a limited validity or has other specifications, this will be emphatically mentioned.
2. The offer contains a complete and accurate description of the offered products and services. The description is sufficiently detailed to enable a proper consumer’s assessment of the products/services. The images used by the entrepreneur are true representations of the products and services. Obvious mistakes and errors do not bind the entrepreneur.
3. Each offer contains such information that it is clear for the consumer which rights and obligations are related to the offer when it is accepted by the consumer.

Article 5- The Agreement
1. The agreement is finalized, subject to the provisions in paragraph 4, the moment the consumer accepts the offer and meets the conditions.
2. If the consumer has electronically accepted the offer, the entrepreneur immediately confirms electronically that he has received the acceptance of the offer. As long as the entrepreneur has not confirmed the acceptance, the consumer can terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic data transfer and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe the necessary security measures.
4. The entrepreneur can notify or check, within the legal framework, if the consumer can meet the payment obligations, and also check all important facts and factors which are needed to finalize a sound distance agreement. If the entrepreneur based on research, has good reasons to not conclude the agreement, then he is entitled to motivate and to refuse an order/request or he can connect special conditions to the execution of the offer.
5. The entrepreneur shall send the following information with the products or services, written or in such a manner that the consumer can store in an accessible way the data on a durable medium:
a) The address of the company for the consumer to file complaints
b) The conditions and the way the consumer can execute the right of withdrawal, and a clear
indication related to the exclusion of the right of withdrawal.
c) Information about after sales guarantees and services
d) Article 4 paragraph 3 unless the entrepreneur has already sent this information before the execution of the agreement.
e) The requirements for termination of the agreement if the agreement has a duration of one year or more, whether it has an indefinite duration.
f) If the consumer has a right of withdrawal, the model withdrawal form.
6. In case of a length transaction, the previous clause e. is only applicable for the first delivery.

Article 6- Right of Withdrawal
1. After purchasing products the consumer has the possibility to disband the agreement without giving reasons during fourteen days.
2. The consideration period, referred to in paragraph 1, shall begin on the day after the consumer or a pre-designated by the consumer third party other than the carrier, has received the product, or:
a) if the consumer has ordered several products in the same order: the day on which the consumer or a third party designated by him, has received the final product. The entrepreneur may, provided that he has informed the consumer prior to the ordering process in a clear manner, refuse an order of several products with different delivery time;
b) if the supply of a product consists of multiple lots or pieces, the day on which the consumer or a third party designated by him, received the last shipment of the final part;
c) in contracts for regular delivery of goods during a certain period: the day on which the consumer or a third party designated by him, has received the first product.

In services and digital content which is not supplied on a tangible medium:
3. The consumer can have a service contract and a contract for the supply of digital content, which is not supplied on a tangible medium, dissolved for at least fourteen days without giving any reason.
4. The cooling-off period referred to in paragraph 3 shall begin on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content, which is not supplied on a tangible medium, by not informing the right of withdrawal:
5. If the entrepreneur did not provide the consumer the information required by law about the right of withdrawal or the model withdrawal form, the withdrawal period shall expire twelve months after the end of the original, in accordance with the preceding paragraphs of this article shall reflect.
6. If the trader has provided the consumer with the information referred to in the preceding paragraph within twelve months after the effective date of the initial grace period, the grace period will expire fourteen days from the day the consumer receives that information.

Article 7- Obligations of the consumer during consideration time
1. During this period, the consumer will treat the product and packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The basic principle is that the consumer should only handle and inspect the product just as he would be allowed to do in a shop.
2. The consumer shall only be liable for diminished value of the product that is the result of a way of dealing with the product beyond permitted in paragraph 1.
3. The consumer shall not be liable for diminished value of the product, if the entrepreneur has not before or at the conclusion of the agreement, provided all the legally required information on the right of withdrawal.

Article 8- Withdrawal Costs
1. If the consumer exercises his right of withdrawal, he shall report this within the cooling-off period using the model withdrawal form or any other clear manner to the entrepreneur.
2. As soon as possible, but within fourteeen days from the day following the notification referred to in paragraph 1, the consumer sends the product back, or he hands it to (a representative of) the entrepreneur. This does not apply if the trader has offered to collect the product itself. The consumer has the return postage term in any case taken into account as to return the product before the period has expired.
3. Consumers will send the product back with all accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal, lies with the consumer.
5. The consumer must bear the direct costs of returning the product. If the trader has not been notified, the consumer has to bear these costs. But if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs of return.
6. If the consumer cancels after first having expressly requested that the provision of the service, they are not put up for sale in a limited volume or certain amount to begin during the withdrawal period, the consumer owes the entrepreneur the amount due proportion to that part of the commitment which is fulfilled by the entrepreneur at the time of withdrawal, compared to the full performance of the obligation.
7. The consumer shall bear no costs for the provision of services that are not put up for sale in a limited volume or quantity if:
a) the entrepreneur has not provided the consumer with the information required by law about the right of withdrawal, the expenses and the model withdrawal form or;
b) the consumer has not expressly requested the commencement of the execution of the service during the withdrawal period.
8. The consumer shall bear no costs for the full or partial delivery of digital content not supplied on a tangible medium where:
a) he did not prior to the delivery expressly consent to the beginning of the fulfillment of the agreement before the end of the cooling-off period;
b) he has not acknowledged that he loses his right of withdrawal when giving his consent; or
c) the entrepreneur has failed to confirm this statement of the consumer.
9. If the consumer exercises his right of withdrawal, any ancillary contracts shall be automatically dissolved.

Article 9- Obligations of the entrepreneur in case of withdrawal
1. If the entrepreneur is notified of the withdrawal by the consumer through electronic means, he immediately sends the message upon receipt of an acknowledgment.
2. The trader shall reimburse any payments made by the consumer, including any delivery charges charged by the operator for the returned product, immediately but within fourteen days after the day on which the consumer notifies him of the revocation. Unless the trader offers to collect the product, he can wait to refund until he has received the product or the consumer demonstrates that he has returned the product, whichever is the earlier.
3. The entrepreneur uses the same method of payment for reimbursement to the consumer, unless the consumer agrees to a different method. The reimbursement is free for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the trader does not have to repay the additional costs for the more expensive method.

Article 10- Exclusion Right of Withdrawal
The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer:
1. Products or services whose price depends on fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
2. Contracts concluded at a public auction. A public auction means a method of sale where goods, digital content and/or services are offered by the entrepreneur to the consumer who attends or is given the opportunity to be personally present at the auction, conducted by an auctioneer and where a successful bidder is obliged to take products, digital content and/or services;
3. Service contracts after full implementation of the service, but only if:
a) the performance has begun with the explicit prior consent of the consumer; and
b) the consumer has declared that he will lose his right of withdrawal once the contract is fully performed by the entrepreneur;
4. Service contracts for provision of accommodation, as in the agreement a specific date or period of fulfillment other than for residential purpose, transport of goods, car rental services and catering;
5. Agreements related to leisure activities, as a specific date or period includes implementation of the agreement;
6. According to the consumer's specifications manufactured products, which are not prefabricated and manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
7. Products that spoil quickly or have a limited shelf life;
8. Sealed products that are not suitable for reasons of health protection or hygiene to be returned after delivery and whose seal has been broken;
9. Products that are inseparably mixed after delivery due to their nature with other products;
10. Alcoholic beverages, the price is agreed upon conclusion of the contract, the delivery of which can only take place after thirty days and the actual value is dependent on fluctuations in the market on which the entrepreneur has no control;
11. Sealed audio, video recordings and computer software of which the seal has been broken after delivery;
12. Newspapers, periodicals or magazines, except for subscriptions to this;
13. The supply of digital content other than on a tangible medium, but only if:
a) the performance has begun with the explicit prior consent of the consumer; and
b) the consumer stated that he thus loses his right of withdrawal.

Article 11- Pricing
1. During the validity period mentioned in the offer, the prices of the offered products and services shall not be raised save for price changes due to changing VAT rates.
2. Notwithstanding the previous paragraph the entrepreneur can offer products and services with variable prices when these prices are subject to fluctuations on the financial market and where the entrepreneur has no influence. This bondage to fluctuations and the fact that the mentioned prices are target prices will be mentioned with the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted only if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement only if the entrepreneur has stipulated this and:
a) These are the result of legal regulations or provisions; or
b) The consumer has the competence to terminate the agreement from the day the price increase takes effect.
5. The in the offer mentioned prices include VAT.

Article 12- Conformity and Guarantees
1. The entrepreneur ensures that the products and services measure up to the agreement, ensures the in the offer mentioned specifications, ensures reasonable requirements, soundness and or usefulness and ensures on the date of the establishment the existing legal provisions and/or government regulations. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
2. Extended warranty by the entrepreneur, service provider, manufacturer or importer, never limits the legal rights and claims that consumers can make under the contract against the entrepreneur, applied if the entrepreneur has failed to fulfill its part of the agreement.
3. Additional guarantee means any undertaking by the entrepreneur, its supplier, importer or producer which grants the consumer certain rights or claims beyond which it is legally required in case he failed to fulfill his part of the agreement.

Article 13- Delivery and Execution
1. The entrepreneur shall observe in utmost care the reception and execution of orders of products, and when assessing applications for services.
2. The address that has been made known by the consumer to the entrepreneur is considered to be the delivery place.
3. Taking into account what is stated in article 4 of the general conditions/terms, the entrepreneur shall execute the accepted orders expeditiously but not later than within thirty days unless a longer period has been agreed. If the delivery is delayed or if a delivery cannot or partially be executed, the consumer is notified about this no later than thirty days after he placed the order. In that case the consumer has the right to terminate the agreement without any further cost and he is entitled to compensation.
4. In the event of termination, in accordance with the previous paragraph, the entrepreneur shall pay back the amount that the consumer has paid as soon as possible but no later than thirty days after the termination.
5. The risk of damage and/or loss of products rest with the entrepreneur until the moment of delivery at the consumer, or a pre-designated and an announced representative to the entrepreneur, unless otherwise expressly agreed.

Article 14- Length transactions: duration, termination and extension
Terminate:
1. The consumer can terminate at any time an agreement which has been entered for an indefinite period and which extends to regular delivery of products (electricity included) and services respecting the applicable termination rules of a notice of not more than one month.
2. The consumer can terminate at any time an agreement entered for a definite period and which extends to regular delivery of products (electricity included) or service at the end of the definite period respecting the applicable termination rules of a notice of not more than one month.
3. The agreements in the previous mentioned paragraph can:
- at all times be terminated with no restrictions to terminate at a certain time or during a certain period
- at least terminate in the same manner as they are entered into by him
- at all times terminate with the same notice as the entrepreneur has obtained for himself.
Extension:
4. An agreement which has been entered for a definite time and which extends to a regular delivery of products (including electricity) or services may not  automatically be extended or renewed for a fixed duration.
5. Notwithstanding the previous paragraph, an agreement which has been entered for a definite time and which extends to a regular delivery of daily newspapers, weeklies and magazines may be extended automatically for a specified duration of three months. If the consumer can terminate this extended agreement at the end of the extension period with a notice of one month.
6. An agreement which has been entered for a definite time and which extends to a regular delivery of products and services, may only be automatically extended for an indefinite period if the consumer at any time terminates with a notice period of no more than one month and a notice period of no more than three months in case the agreement extends to a regular delivery, but less than one time per month, of daily newspapers, weeklies and magazines.
7. An agreement which has been entered for a definite time and which extends to a regular delivery of daily newspapers, weeklies and magazines (trial and introductory subscription) will not be automatically be extended and terminates automatically at the end of the trial or introductory period.
Duration:
8. If an agreement has a duration period of more than one year, the consumer may after one year terminate at any time with a notice period of not more than one month unless reasonableness and fairness are opposed against termination before the end of the agreed duration.

Article-15 Payments
1. Unless otherwise specified in the contract or additional conditions, the amounts, owed by the consumer, should be paid within fourteen days after the start of the cooling-off period. Or, in the absence of a cooling-off period, within fourteen days after the conclusion of the agreement. Should an agreement provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
2. When selling products to consumers, a prepayment of more than fifty percent must never be stipulated in the general terms and conditions. When a prepayment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated payment has been made.
3. The consumer has the duty to notify the entrepreneur about inaccuracies in the payment details.
4. If the consumer is unable to meet its payment obligations, after the entrepreneur has identified the late payment and the entrepreneur has given the consumer a term of fourteen days to comply with its payment obligations, after failing payment within this fourteen-day period, the entrepreneur is entitled to charge the outstanding amount of statutory interest and the extrajudicial collection costs incurred by him charged.

Article 16- Complaints
1. The entrepreneur features a sufficiently publicized complaints procedure and handles the complaint according to this complaints procedure.
2. Complaints about the execution of the agreement must be described fully and clearly within reasonable time submitted to the entrepreneur, after the consumer has observed the defects.
3. The complaints submitted to the entrepreneur will be answered within a period of fourteen days from the day of receipt. If a complaint has a foreseeable longer processing time, the entrepreneur will give an acknowledgement within fourteen days, and also an indication when the consumer will receive a more detailed answer.
4. If a complaint cannot be resolved within four weeks by mutual agreement, then there is a dispute that is subject to the dispute settlement.

Article 17- Disputes
1. Dutch law exclusively applies to agreements between entrepreneur and consumer whereupon these general conditions/terms are related to.
2. In case of disputes the consumer can approach Stichting WebwinkelKeur (WebwinkelKeur Foundation) and this foundation will mediate for free. If both parties cannot come up to a solution then the consumer has the possibility to let his complaint be handled by Stichting GeschilOnline. (GeschilOnline.nl Foundation) The ruling of this foundation is binding and both the consumer and the entrepreneur accept this binding ruling.

Article 18- Additional and Different Provisions
Additional or different provisions compared to the general conditions/terms may not be to the prejudice of the consumer and should be recorded in writing in such a manner that the consumer can save these in an accessible way on a durable medium.

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