Terms and conditions

Index:

Article 1 - Definitions

Article 2 - Identity of the trader

Article 3 - Applicability

Article 4 - The offer

Article 5 - The agreement

Article 6 - Right of withdrawal

Article 7 - Costs in case of withdrawal

Article 8 - Exclusion of the right of withdrawal

Article 9 - The price

Article 10 - Conformity and warranty

Article 11 - Delivery and performance

Article 12 - Continuing transactions: Duration, termination and renewal

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

Article 16 - Additional or different provisions

Article 1 - Definitions

In these terms and conditions:

1. cooling-off period: the period within which the consumer can make use of his right of withdrawal

2. consumer: the natural person who is not acting in the exercise of a profession or business and who concludes a distance contract with the entrepreneur;

3. day: calendar day;

4. continuing performance contract: a distance contract for a series of products and/or services whose delivery and/or purchase obligation is spread over time;

5. durable medium: any means that enables the consumer or trader to store information that is addressed to him personally in such a way that the stored information can be consulted and reproduced unchanged at a later date.

6. right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

7. model form: the model withdrawal form provided by the entrepreneur, which a consumer can fill in if he wishes to make use of his right of withdrawal.

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

9. distance contract: a contract in which one or more distance communication techniques are used within the framework of a system organized by the entrepreneur for the distance selling of products and/or services up to and including the conclusion of the contract

10. distance communication technique: a means that can be used to conclude an agreement without the consumer and entrepreneur meeting in the same room at the same time.

11. general terms and conditions: these general terms and conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Notraitionen.de (VK Webshops B.V.);

A. Hofmannweg 5A, 2031BH, Haarlem;

Telephone number: 00316 47470404

E-mail address: info@notrationen.de

Chamber of Commerce number: 87687666

VAT number: NL002123554B94

Article 3 - Applicability

1. these general terms and conditions apply to every offer made by the entrepreneur and to all distance contracts and orders concluded between the entrepreneur and the consumer.

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

3. if the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be read electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.

4. in the event that special product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 shall apply mutatis mutandis and the consumer may, in the event of contradictory terms and conditions, choose not to be bound by them.

5. if one or more provisions of these General Terms and Conditions are at any time wholly or partially null and void or are declared null and void, the remainder of the agreement and these General Terms and Conditions shall remain in force and the provision in question shall immediately be replaced by mutual agreement by a provision that comes as close as possible to the content of the original.

6. matters that are not regulated in these General Terms and Conditions shall be assessed "in the spirit" of these General Terms and Conditions.

7. ambiguities about the explanation or content of one or more provisions of our general terms and conditions must be explained "in the spirit" of these general terms and conditions.

Article 4 - The offer

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

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

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

4. all images, specifications and data in the offer are indicative and cannot lead to compensation or dissolution of the agreement.

5. images accompanying the products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown exactly match the actual colors of the products.

6. every offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

This concerns:

- the price including taxes;

- any shipping costs;

- the way in which the contract is concluded and what measures are required for this;

- whether or not the right of withdrawal applies;

- the method of payment, delivery and performance of the contract

- the period for accepting the offer or the period within which the trader guarantees the price

- the amount of the distance communication fee if the costs for the use of the distance communication technique are calculated on a basis other than the regular basic fee for the means of communication used;

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

- the way in which the consumer can check and, if necessary, correct the information he has provided in the agreement before concluding it;

- all languages other than Dutch in which the contract can be concluded;

- the codes of conduct to which the trader has subscribed 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 a long-term transaction.

Article 5 - The agreement

1. subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance of the offer by the consumer and the fulfillment of the corresponding conditions.

2. if the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the trader has not confirmed receipt of this acceptance, the consumer may dissolve the contract.

3. if the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and to ensure a secure web environment. If the consumer can pay electronically, the trader shall take appropriate security measures.

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

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

a. the visiting address of the trader's establishment to which the consumer can address complaints;

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

c. the information on guarantees and existing after-sales service;

d. the information included in article 4 paragraph 3 of these general terms and conditions, unless the entrepreneur has already provided this information to the consumer before the conclusion of the contract;

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

6. in the case of a continuing performance contract, the provisions of the preceding paragraph shall apply only to the first delivery.

7. every contract is concluded subject to the condition precedent of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

For the delivery of products:

1. when purchasing products, the consumer has the option to dissolve the contract without giving reasons within 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.

2. during the cooling-off period, the consumer will treat the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all delivered accessories and - as far as reasonably possible - in its original condition and packaging to the entrepreneur in accordance with the reasonable and clear instructions provided by the entrepreneur.

3. if the consumer wishes to make use of his right of withdrawal, he is obliged to notify the entrepreneur of this within 14 days after receipt of the product. The consumer must make this known using the model form. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by providing proof of shipment.

4. if, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not notified the entrepreneur that he has exercised his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

In the case of the provision of services:

5. in the case of the provision of services, the consumer has the possibility to dissolve the contract without giving reasons for at least 14 days, starting from the day of the conclusion of the contract.

6. to make use of his right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 - Costs in the event of withdrawal

1. if the consumer makes use of his right of withdrawal, at most the costs of the return shipment will be borne.

2. 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 cancellation. The condition is that the product has already been received by the web trader or that conclusive proof of complete return can be provided. The refund will be made via the same payment method used by the consumer, unless the consumer expressly agrees to a different payment method.

3. in the event of damage to the product due to negligent handling by the consumer himself, the consumer is liable for any depreciation of the product.

4. the consumer cannot be held liable for the depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before the purchase agreement is concluded.

Article 8 - Exclusion of the right of withdrawal

1. the entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur makes this clear in the offer at least in time before the conclusion of the contract. has made himself known.

2. exclusion of the right of withdrawal is only possible for products

a. that have been created by the entrepreneur according to the consumer's specifications;

b. which are clearly personal in nature;

c. which cannot be returned due to their nature;

d. that can spoil or age quickly;

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

f. for loose newspapers and magazines;

g. for audio and video recordings and computer software whose seal has been broken by the consumer

h. for hygiene products whose seal has been broken by the consumer.

3. exclusion of the right of withdrawal is only possible for services:

a.concerning accommodation, transportation, restaurant services or leisure activities to be provided on a specific date or during a specific period;

b. whose delivery has begun with the express consent of the consumer before the end of the withdrawal period;

c. relating to betting and lotteries.

Article 9 - The price

1. during the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, with the exception of price changes due to changes in VAT rates.

2. notwithstanding the previous paragraph, the entrepreneur can 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 dependence on fluctuations and the fact that the prices quoted are target prices will be stated in the offer.

3. price increases within 3 months of the conclusion of the contract are only permitted if they are based on statutory regulations or provisions.

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

(a) they are the result of statutory provisions or regulations; or

b. The consumer is entitled to terminate the contract with effect from the day on which the price increase takes effect.

5. the prices stated in the offer of products or services include VAT.

6. all prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the wrong price.

Article 10 - Conformity and warranty

1. the entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of suitability and/or usability and the legal provisions and/or government regulations applicable at the time of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

(2) A guarantee provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader on the basis of the contract.

3. any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. The products must be returned in their original packaging and in as-new condition.

4. the entrepreneur's warranty period 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 advice regarding the use or application of the products.

5. The guarantee does not apply if:

• the consumer repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;

• The delivered products were exposed to abnormal circumstances or were otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or were treated on the packaging;

• The defect is the result, in whole or in part, of regulations which the Government has made or will make regarding the nature or quality of the materials used.

Article 11 - Delivery and performance

1. The entrepreneur will exercise the greatest possible care when receiving and executing product orders and when examining applications for the provision of services.

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

3. Subject to the provisions of paragraph 4 of this article, the Company will execute accepted orders expeditiously, but no later than 30 days, unless the Consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after placing the order. In this case, the consumer has the right to terminate the contract free of charge. The consumer is not entitled to compensation.

4. All delivery times are approximate. The consumer cannot derive any rights from the stated conditions. Exceeding a deadline does not entitle the consumer to compensation.

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

6. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. At the latest upon delivery, it will be clearly and understandably communicated that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.

7. The risk of damage and/or loss of products lies with the entrepreneur until the time of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Recurring transactions: duration, termination and extension cancellation

1. The consumer may at any time terminate a contract concluded for an indefinite period, which extends to the regular supply of products (including electricity) or services, in compliance with the agreed termination rules and with a notice period of no more than one month. .

2. The consumer may terminate a contract concluded for a specific period and extending to the regular supply of products (including electricity) or services at any time at the end of the specified term, subject to the agreement's termination rules and a notice period not exceeding one month.

3. The consumer can use the agreements referred to in the previous paragraphs:

• terminate at any time and not be limited to termination at a specific time or period;

• terminate at least as agreed upon by him;

• always terminate with the same notice period that the entrepreneur has set for himself.

renewal

4. A contract concluded for a specific period and covering the regular supply of products (including electricity) or services cannot be tacitly renewed or extended for a fixed period.

4. Contrary to the previous paragraph, a contract concluded for a specific period of time, which extends to the regular delivery of daily newspapers, weekly newspapers and magazines, may be tacitly extended for a fixed term not exceeding three months, if the consumer has extended this, can the contract Cancel at the end of the extension with a maximum notice period of one month.

Article 13 - Recurring transactions: duration, termination and extension

cancellation

3. The consumer can use the agreements referred to in the previous paragraphs:

• terminate at any time and not be limited to termination at a specific time or period;

• terminate at least as agreed upon by him;

• always terminate with the same notice period that the entrepreneur has set for himself.

renewal

4. A contract concluded for a specific period and covering the regular supply of products (including electricity) or services cannot be tacitly renewed or extended for a fixed period.

Article 14 - Complaints procedure

1. the entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

2. complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days after the consumer has discovered the defects, fully and clearly described.

3. complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires an expected longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

(4) If the complaint cannot be settled by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

5. in the case of complaints, a consumer must first contact the trader. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).

6. a complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

7. if a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at his discretion, replace or repair the delivered products free of charge.

Article 15 - Disputes

1. only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.

2. the Vienna Sales Convention does not apply.

Article 16 - Additional or deviating provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.