Article 1 – Definitions Article 2 – Identity of the entrepreneur Article 3 – Applicability Article 4 – The offer Article 5 – The agreement Article 6 – Right of withdrawal Article 7 – Obligations of the consumer during the reflection period Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof Article 9 – Obligations of the entrepreneur in the event of withdrawal Article 10 – Exclusion of the right of withdrawal Article 11 – The price Article 12 – Performance of the agreement and additional guarantee Article 13 – Delivery and execution Article 14 – Long-term transactions: duration, termination and extension Article 15 – Payment Article 16 – Complaints procedure Article 17 – Additional or deviating provisions
Article 1 – Definitions In these general terms and conditions, the following definitions apply: 1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract, and these products, 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. Reflection period: the period within which the consumer can exercise his right of withdrawal; 3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession and who enters into a distance contract with the entrepreneur; 4. Day: calendar day; 5. Long-term contract: a distance contract concerning a series of products and/or services, the delivery and/or purchase obligation of which is spread over time; 6. Right of withdrawal: the option for the consumer to withdraw from the distance contract within the reflection period; 7. Durable data carrier: any tool – including email – that enables the consumer or the entrepreneur to store information addressed to them personally in a way that makes future consultation or use possible for a period of time adequate to the purpose of the information, and which allows unchanged reproduction of the stored information; 8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance; 9. 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, whereby exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract; 10. Means of distance communication: a tool that can be used to conclude a contract without the consumer and the entrepreneur being together in the same place at the same time.
Article 2 – Identity of the Entrepreneur The details of the entrepreneur are as follows: Name of entrepreneur: Aetherion Elite Business address: Zuiderpark 49B, Kudelstaart, 1433PS Telephone number:+31 613872296 Email address: info@aetherionelite.com Chamber of Commerce (KVK) registration number: 97653101 VAT identification number: NL868159906B01
Article 3 – Applicability 1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract 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, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be consulted at the entrepreneur’s premises and that they will be sent free of charge to the consumer upon request as soon as possible. 3. If the distance contract is concluded electronically, in deviation from the previous paragraph, the text of these general terms and conditions can 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, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge electronically or otherwise upon request. 4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, paragraphs 2 and 3 apply accordingly. In case of conflicting conditions, the consumer may always invoke the provision that is most favorable to them.
Article 4 – The Offer 1. If an offer has a limited validity period or is made under certain conditions, this will be explicitly stated in the offer. 2. The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to allow the consumer to make a well-informed assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur. 3. Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This specifically concerns: – The price, including taxes; – Any delivery costs; – How the contract will be concluded and which actions are required for this; – Whether or not the right of withdrawal applies; – The method of payment, delivery, and execution of the contract; – The period for acceptance of the offer, or the period during which the entrepreneur guarantees the price; – The cost of using distance communication methods if these costs are calculated on a basis other than the regular basic rate for the communication medium used; – Whether the contract will be archived after conclusion, and if so, how it can be accessed by the consumer; – How the consumer can check and, if desired, correct the data they provide before concluding the contract; – Any other languages in which, besides Dutch, the contract can be concluded; – The codes of conduct to which the entrepreneur has committed and how the consumer can consult these codes electronically; and – The minimum duration of the distance contract in the case of a long-term transaction.
Article 5 – The Agreement 1. The agreement is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the conditions attached to it. 2. If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of this acceptance electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement. 3. 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 take appropriate security measures for this purpose. 4. Within the limits of the law, the entrepreneur may verify whether the consumer can meet their payment obligations and consider all facts and factors relevant for responsibly entering into the distance contract. If the entrepreneur, based on this investigation, has good reasons not to enter into the agreement, they are entitled to refuse an order or request with justification, or to attach specific conditions to the execution. 5. At the latest upon delivery of the product, service, or digital content to the consumer, the entrepreneur shall provide the following information, either in writing or in such a way that the consumer can store it accessibly on a durable medium: a. the visiting address of the entrepreneur’s establishment where the consumer can submit complaints; b. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear notice if the right of withdrawal is excluded; c. information regarding warranties and any after-sales service; d. the price including all taxes of the product, service, or digital content; where applicable, the delivery costs; and the method of payment, delivery, or execution of the distance contract; e. the requirements for terminating the agreement if it has a duration of more than one year or is of indefinite duration; f. if the consumer has a right of withdrawal, the model withdrawal form. 6. In the case of a long-term transaction, the provisions in the previous paragraph apply only to the first delivery.
Article 6 – Right of Withdrawal 1. The consumer may dissolve an agreement concerning the purchase of a product within a reflection period of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal but cannot require the consumer to provide it. Sale items cannot be returned; such items will not be processed and will be sent back unpaid. If you receive your item and notice a defect in the received product, report this within 24 hours via info@aetherionelite.com 2. The reflection period referred to in paragraph 1 begins on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or: a) if the consumer has ordered multiple products in the same order: the day on which the consumer, or a designated third party, has received the last product. The entrepreneur may, provided the consumer has been clearly informed in advance during the ordering process, refuse an order of multiple products with different delivery times. b) if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a designated third party, has received the last shipment or last part; c) for agreements concerning regular delivery of products over a specified period: the day on which the consumer, or a designated third party, has received the first product.
For services and digital content not supplied on a tangible medium:
3. The consumer may dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium within at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal but cannot require the consumer to provide it. 4. The reflection period referred to in paragraph 3 begins on the day following the conclusion of the agreement. Extended reflection period for products, services, and digital content not supplied on a tangible medium if the right of withdrawal is not provided: 5. If the entrepreneur has not provided the consumer with the legally required information regarding the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original reflection period established in accordance with the previous paragraphs of this article. If the entrepreneur provides the information referred to in the previous paragraph to the consumer within twelve months after the start of the original reflection period, the reflection period expires 14 days after the day the consumer receives that information.
Article 7 – Obligations of the Consumer During the Reflection Period 1. During the reflection period, the consumer shall handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The guiding principle is that the consumer may handle and inspect the product only as they would be allowed to do in a physical store. 2. The consumer is only liable for any decrease in the value of the product resulting from handling that goes beyond what is permitted in paragraph 1. 3. The consumer is not liable for any decrease in the value of the product if the entrepreneur did not provide all legally required information about the right of withdrawal before or at the time the agreement was concluded.
Article 8: Exercise of the Right of Withdrawal by the Consumer and Associated Costs 1. If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within the reflection period by using the model withdrawal form, sending an email to info@aetherionelite.com or by any other unambiguous means. When the consumer indicates via info@aetherionelite.com that goods will be returned, they will receive an automatic email with return instructions. If the consumer does not receive return instructions, it is their responsibility to contact Aetherion Elite in a timely manner through another method or to return the package independently. If this occurs later, no guarantee is provided that the return will be accepted within the stipulated period. 2. The consumer must return the product as soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1, or hand it over to (an authorized representative of) the entrepreneur. 3. The consumer shall return the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur. 4. The withdrawal form and the packing slip must be sent along with the return shipment. Without these, the return cannot be processed. If this is not done, Aetherion Elite will conduct an investigation, and an administration fee of 10% will be charged. 5. The risk and burden of proof for correct and timely exercise of the right of withdrawal lies with the consumer. Aetherion Elite recommends returning the package with a Track & Trace code and keeping the proof of shipment until the return has been processed. If the package is sent without a Track & Trace code or the proof of shipment cannot be verified, no guarantee can be given for lost packages. 6. If the consumer exercises their right of withdrawal, all related supplementary agreements are automatically terminated. 7. If the consumer exercises their right of withdrawal, they are only responsible for the direct costs of returning the goods. 8. 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 return or withdrawal.
Article 9: Obligations of the Entrepreneur in Case of Withdrawal 1. If the entrepreneur allows the consumer to notify withdrawal electronically, they shall immediately send a confirmation of receipt after receiving this notification. 2. The consumer will be refunded using the same payment method used for the original payment, if this was made via iDeal, Bancontact, or bank transfer. 3. If the consumer has chosen a more expensive delivery method than the least expensive standard delivery, the entrepreneur is not required to reimburse the additional costs for the more expensive method.
Article 10: Exclusion of the Right of Withdrawal 1. The entrepreneur may exclude the following products and services from the right of withdrawal, but only if this has been clearly stated in the offer, or at least in time before the conclusion of the agreement: 2. Products or services whose price is subject to fluctuations on the financial market that the entrepreneur cannot influence and which may occur within the withdrawal period. 3. Service agreements, after full performance of the service, but only if: a) the performance has begun with the consumer’s explicit prior consent; and b) the consumer has declared that they lose their right of withdrawal once the entrepreneur has fully performed the agreement. 4. Products manufactured according to the consumer’s specifications, which are not prefabricated and are made based on an individual choice or decision of the consumer, or which are clearly intended for a specific person. 5. Sealed products which are not suitable for return due to health protection or hygiene reasons, and the seal has been broken after delivery. 6. Products that, after delivery, are irreversibly mixed with other products by their nature. 7. The supply of digital content not on a tangible medium, but only if: a) the execution has begun with the consumer’s explicit prior consent; and b) the consumer has declared that they thereby lose their right of withdrawal.
Article 11: The Price 1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates. 2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations on the financial market, over which the entrepreneur has no influence, at variable prices. This susceptibility to fluctuations and the fact that any prices mentioned are indicative prices will be stated in the offer. 3. The prices of products or services stated in the offer include VAT.
Article 12: Performance of the Agreement and Additional 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 quality and/or usability, and the statutory provisions and/or government regulations in effect on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use. 2. Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement. 3. NOTE: Buttons, zippers, stones, and any other types of attachments are not covered by the warranty.
Article 13: Delivery and Execution 1. The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services. 2. The place of delivery is the address provided by the consumer to the entrepreneur. In case of absence at the place and time of delivery, PostNL is authorized to deliver the package elsewhere. 3. Subject to the provisions in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed, but no later than 30 days, unless another delivery term has been agreed upon. If delivery is delayed, or if an order cannot be executed or only partially executed, the consumer will be informed no later than 30 days after placing the order. In that case, the consumer has the right to cancel the agreement free of charge and to claim any possible compensation. 4. In the event of cancellation as referred to in the previous clause, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 30 days after cancellation. 5. If delivery of an ordered product proves impossible, the entrepreneur will make efforts to provide a replacement item. At the latest at the time of delivery, it will be clearly communicated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. Any costs for returning the item are borne by the entrepreneur. 6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and known to the entrepreneur, unless expressly agreed otherwise.
Article 14: Duration of Transactions: Term, Termination, and Renewal 1. An agreement concluded for a fixed term, which provides for the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. The notice period may be up to three months if the agreement concerns the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines. 2. Duration: If an agreement has a term of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed term.
Article 15 – Payment 1. Unless otherwise specified in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or, if no reflection period applies, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period begins on the day after the consumer has received confirmation of the agreement. 2. In the sale of products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. If advance payment is agreed upon, the consumer cannot assert any rights regarding the performance of the relevant order or service(s) until the agreed advance payment has been made. 3. The consumer is obliged to immediately report any inaccuracies in the provided or stated payment details to the entrepreneur. 4. In the event of non-payment by the consumer, the entrepreneur, subject to statutory limitations, has the right to charge the reasonable costs previously communicated to the consumer.
Article 16 – Complaints Procedure 1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure. 2. Defects must be submitted to the entrepreneur via info@aetherionelite.com within 24 hours after the consumer has received the goods, with a full and clear description of the issue. 3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will, within the 14-day period, respond with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed reply.
Article 17 – Additional or Deviating Provisions Additional or provisions deviating from these general terms and conditions must not be to the detriment of the consumer and must be recorded in writing or in such a manner that they can be stored by the consumer in an accessible way on a durable data carrier.
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