Terms and Conditions

General Terms and Conditions

Article 1 - Definitions

In these terms and conditions the following terms shall have the following meanings:

Reflection period: the period within which the consumer can make use of his right of withdrawal;

Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur

Day: calendar day;

Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time

Durable medium: any instrument which enables the consumer or entrepreneur to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;

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

Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for the distance sale of goods and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication. technique for distance communication: a means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same place at the same time.

General Terms and Conditions: these general terms and conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer.

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, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the trader's and that they will be sent to the consumer free of charge as soon as possible at the consumer's request.

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

If, in addition to these general terms and conditions, special product or service conditions also apply, paragraphs 2 and 3 apply accordingly and, in the event of conflicting general terms and conditions, the consumer can always invoke the provision that is most favourable to him.

If one or more provisions of these General Terms and Conditions are at any time wholly or partially null and void or are annulled, the remainder of the agreement and these General Terms and Conditions will remain in force and the provision in question will be replaced without delay, in mutual consultation, by a provision that approximates the purport of the original provision as closely as possible.

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

Any ambiguities regarding the interpretation or content of one or more provisions of our General Terms and Conditions shall 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 made subject to conditions, this will be explicitly stated in the offer.

The offer is subject to change. The entrepreneur has the right to change and adapt the offer.

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 correctly assess the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.

The images of the Products are a true representation of the Products offered. The Company cannot guarantee that the colours depicted correspond exactly to the actual colours of the Products.

Each offer contains information from which the consumer can determine which rights and obligations are attached to the acceptance of the offer. This concerns in particular: the price, with the exception of the customs clearance costs and the VAT on import. These additional costs are at the expense and risk of the customer. The postal and/or courier service uses the special regulation for postal and courier services on import. This regulation applies if the goods are imported into the EU country of destination, which is the case here. The postal and/or courier company collects the VAT (also in connection with the customs clearance costs) from the recipient of the goods; the costs of shipping, if applicable; the manner in which the agreement is to be concluded and the actions necessary for its conclusion; whether or not the right of withdrawal applies; the method of payment, delivery and performance of the agreement; the period for accepting the offer or the period within which the trader guarantees the price; the amount of the charge for distance communication, if the costs of using the means of distance communication are calculated on a basis other than the normal basic rate for the means of communication used; whether the contract is archived after its conclusion and, if so, how it can be consulted by the consumer; the manner in which the consumer can check and, if necessary, correct the information provided by him in connection with the contract before the contract is concluded; all languages ​​other than Dutch in which the contract can be concluded; the codes of conduct to which the trader is subject and the manner in which the consumer can consult those codes of conduct electronically; and The minimum duration of the distance contract in the event of a longer transaction.

Optional: available sizes, colours, material types.

Article 5 - The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the time the consumer accepts the offer and meets the conditions set therein.

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

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

The trader may - within the legal framework - obtain information about whether the consumer is able to meet his payment obligations and about all those facts and factors that are important for a responsible conclusion of the distance contract. If the trader, based on this investigation, has good reasons not to conclude the contract, he is entitled to refuse an order or request or to attach special conditions to the execution.

The trader shall provide the consumer, together with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium, with the following information:

1. the address of the trader's registered office where the consumer can submit complaints;

2. the conditions under which and the manner in which the consumer can exercise his right of withdrawal, or a clear statement that the right of withdrawal is excluded;

3. the information about guarantees and the existing after-sales service;

4. the information referred to in Article 4, paragraph 3, of these terms and conditions, unless the trader has already provided this information to the consumer prior to the performance of the contract;

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

In the case of a term agreement, the provisions of the previous paragraph only apply to the first delivery.

Each agreement is concluded under the condition precedent of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This cooling-off period commences on the day after the consumer or a representative designated in advance by the consumer and the trader has received the product.

During the cooling-off period, the consumer will handle the product and 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 exercises his right of withdrawal, he will return the product with all accessories supplied and, as far as reasonable, in the original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader. The costs for returning the product are for the account of the consumer.

If the consumer wishes to exercise his right of withdrawal, he must inform the entrepreneur of this within 14 days after receipt of the product. The consumer must do this in the form of a written notification/email.

After the consumer has communicated that he wishes to make use of his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered product was returned on time, e.g. by means of a proof of shipment.

If the customer has not indicated that he wishes to exercise his right of withdrawal after the expiry of the periods referred to in paragraphs 2 and 3, or has not returned the product to the trader, the purchase is a fact.

Article 7 - Costs in case of revocation

If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after the withdrawal. The condition is that the goods have already arrived at the trader or that conclusive proof of the complete return can be provided.

Article 8 - Exclusion of the right of withdrawal

The trader may exclude the consumer from the right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least in good time before the conclusion of the agreement.

The exclusion of the right of withdrawal is only possible for products

1. which have been created by the trader in accordance with the consumer's specifications

2. that are clearly personal in nature

3. which by their nature cannot be returned, or

4. that spoil or age quickly;

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

6. for individual newspapers and magazines;

7. for audio and video recordings and computer software where the seal has been broken by the consumer; and

8. for hygiene products where the consumer has broken the seal.

The exclusion of the right of withdrawal is only possible for services:

1.relating to accommodation, transport, hospitality or leisure activities to be provided on a specific date or during a specific period;

2. the delivery of which, with the express consent of the consumer, has commenced before the expiry of the cooling-off period

3. on betting and lotteries.

Article 9 - The price

During the period of validity stated in the offer, the prices of the products and/or services offered cannot be increased, except for price changes due to changes in VAT rates.

By way of exception to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market over which he has no influence, with variable prices. This connection with fluctuations and the fact that the prices stated are recommended prices shall be stated in the offer.

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

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has agreed to this and:

1. they arise from statutory provisions or regulations, or

2. the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.

According to article 5, paragraph 1, of the VAT Act 1968, the place of delivery is the country where the transport commences. In that case, the delivery takes place outside the EU, accordingly the postal or courier company will claim the VAT on import and/or the customs clearance costs from the customer. Therefore, the entrepreneur will not charge VAT. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product at an incorrect price.

Article 10 - Compliance and Warranty

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

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 under the contract.

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

The Entrepreneur's warranty period corresponds to the warranty period of the

Manufacturer. 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 modified the delivered products himself and/or had them repaired and/or modified by a third party;

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

The defectiveness is wholly or partly due to regulations which the state has issued or will issue with regard to the type or quality of materials used.

Article 11 - Delivery and execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products.

The place of delivery is the address that the consumer has made known to the entrepreneur. It is the responsibility of the consumer to provide correct and complete address details when placing an order. If the details provided by the consumer prove to be incorrect and this results in the package not arriving, the consumer is liable for any damage and costs incurred as a result.

Taking into account what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will receive notification of this at the latest 30 days after placing the order. In that case, the consumer has the right to terminate the agreement free of charge and is entitled to any compensation.

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

If it is not possible to deliver an ordered product, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it must be stated in a clear and comprehensible manner that a replacement article is being delivered. The right of withdrawal cannot be excluded for replacement articles. The costs of the return shipment are always for the account of the consumer, unless otherwise agreed.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.

Terms and Conditions for Unclaimed Orders:

Uncollected Orders: If an order is not collected or not collected by the customer within the time frame specified by the carrier, the order will automatically be returned to our supplier. The customer acknowledges that in such a case the full order costs (including shipping costs) will not be refunded. The customer bears full responsibility for collecting the order on time.

Loss of Order Costs: In case of non-collection of an order, the customer loses the right to a refund of the order costs. Salejano is not obliged to resend the order or to reimburse the costs, unless otherwise agreed in writing.

Limited Liability: Salejano is not liable for any damages, costs or losses resulting from the customer's failure to collect the order. The customer is solely responsible for checking the status of the order and taking the necessary steps to collect it in a timely manner.

Article 12 - Continuation of the activities: duration, termination and extension

Planning

The consumer may at any time terminate the agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, taking into account the agreed termination rules and a notice period of no more than one month.

The consumer may terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, taking into account the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to in the previous paragraphs at any time and not only at a specific time or during a specific period, but at least in the same way as when he concluded them, always terminating them with the same notice period as the trader has set for himself.

Expansion

An agreement concluded for a fixed period and relating to the regular supply of goods (including electricity) or services cannot be tacitly extended or renewed for a fixed period.

By way of exception to the previous paragraph, a fixed-term agreement for the periodic supply of daily and weekly newspapers and magazines may be tacitly extended for a fixed term of no more than three months, if the consumer has the right to terminate the extended agreement at the end of the extension period, taking into account a notice period of no more than one month.

A fixed-term contract for the regular delivery of goods or the provision of services may only be tacitly extended for an indefinite period if the consumer has the possibility to terminate the contract at any time, subject to a notice period of no more than one month, which in the case of a contract for the regular delivery of daily or weekly newspapers or magazines, but less than once a month, may not be longer than three months.

A temporary contract for the regular delivery of daily and weekly newspapers and magazines (trial or introductory subscription) is not automatically continued and ends automatically after the trial or introductory period.

Duration

If an agreement has a duration 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 oppose termination before the end of the agreed term.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer shall be paid within 7 working days after the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement concerning the provision of a service, this period commences after the consumer has received confirmation of the agreement.

The consumer has the duty to report any inaccuracies in the data provided or the payment indicated to the operator without delay.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer all reasonable costs that have been communicated to him in advance.

Article 14 - Complaints

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

Complaints submitted to the trader will be answered within a period of 14 days after the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within the period of 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.

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

A complaint does not suspend the trader's obligations unless the trader indicates otherwise in writing.

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

Article 15 - Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad.