Article 1 - Definitions
In these Terms and Conditions the following definitions apply:
Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
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;
Day: calendar day;
Continuing transaction: a distance contract relating to a series of products and/or services the delivery and/or purchase obligation of which is spread over a certain period of time;
Durable medium: any means which enables the consumer or trader to store information addressed personally to him in a way which allows future consultation and unaltered reproduction of the information stored.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers goods and/or services to consumers at a distance;
Distance contract: an agreement whereby, up to and including the conclusion of the agreement, one or more techniques of distance communication are used exclusively within the framework of a system organised by the trader for the distance sale of goods and/or services;
Distance communication technique: means that can be used to conclude a contract without the consumer and the trader being in the same room at the same time.
General Terms and Conditions: these General Terms and Conditions of the Entrepreneur.
Article 2 - Identity of the entrepreneur
Company Name: PJ Trade
Address: Oosterveldsingel 5G, 7558PJ Hengelo
business number: 86933434
VAT number: NL864151032B01
E-mail: info@sunabz.de
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 the entrepreneur and the 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 stated before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur's business premises and will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be stated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to him.
If one or more provisions in these general conditions at any time become invalid or destroyed in whole or in part, then the agreement and these conditions will remain in force for the remainder and the provision in question will be replaced by mutual agreement immediately by a provision that is as close as possible in scope to the original.
Situations not provided for in these General Terms and Conditions shall 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 subject to conditions, this will be expressly stated in the offer.
The offer is subject to change. The entrepreneur is entitled 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 properly assess the offer. If the entrepreneur uses images, these are a true reflection of the products and/or services offered. Obvious errors or obvious mistakes in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and cannot lead to compensation or termination of the agreement.
Images of products are a true representation of the products offered. The operator cannot guarantee that the colors shown exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer. This concerns in particular:
The price, excluding customs clearance costs and import VAT. These additional costs are at the customer's expense and risk. The postal and/or courier service will apply the special regime for postal and courier services with regard to imports. This regime applies when the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service will collect VAT (together with customs clearance fees, if applicable) from the recipient of the goods;
any shipping costs;
the manner in which the contract is concluded and what actions are required for this
whether or not there is a right of withdrawal;
the manner of payment, delivery and performance of the contract;
the period for acceptance of the offer or the period within which the trader guarantees the price;
the amount of the distance communication tariff if the costs of using the distance communication technology are calculated on a basis other than the regular basic tariff for the means of communication used;
whether the agreement is archived after its conclusion and, if so, how it can be consulted by the consumer;
the manner in which the consumer can check the information he has provided in the contract and, if he so wishes, restore it before concluding the contract;
any language other than Dutch in which the contract can be concluded;
the codes of conduct to which the trader is subject and the means by which the consumer can consult those codes of conduct electronically; and
the minimum term of the distance contract in the case of a term transaction.
Optional: available sizes, colors, type of materials.
Article 5 - The Treaty
The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfils the conditions set out therein.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the trader has not confirmed receipt of this acceptance, the consumer can terminate the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transmission of data and to ensure a secure internet environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can - within the legal framework - find out whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this examination, the entrepreneur has good reasons not to conclude the contract, he is entitled to refuse an order or application or to make the execution subject to special conditions, stating reasons.
The trader will provide the consumer with the following information with the goods or services in writing or in such a way that it can be stored by the consumer on a durable medium:
1. the address of the traderâs office to which the consumer can address complaints;
2. the conditions and the manner in which the consumer may exercise his right of withdrawal or a clear reference to the exclusion of the right of withdrawal;
3. information about guarantees and existing customer service;
4. the information referred to in Article 4(3) of these terms and conditions, unless the trader has already provided this information to the consumer before the conclusion of the contract;
5. the conditions for termination of the contract if the contract has a term of more than one year or is of indefinite duration.
In the case of a continuing contract, the provision of the previous paragraph shall apply only to the first delivery.
Any agreement is concluded subject to the suspensive condition of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option to dissolve the contract without giving any reason during a period of 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and notified to the entrepreneur.
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 to the entrepreneur with all supplied accessories and - if possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he must notify the entrepreneur of this within 14 days of receiving the product. The consumer must notify this in the form of a written notification/email. After the consumer has notified that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that he has returned the delivered goods in time, for example by providing proof of shipment.
If the customer has not expressed his intention to exercise his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods referred to in paragraphs 2 and 3, the purchase is a fact.
Article 7 - Costs in case of withdrawal
If the consumer exercises his right of withdrawal, the costs of returning the products shall be at his expense.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is provided that the product has already been received by the entrepreneur or that conclusive proof of complete return can be provided.
Article 8 - Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly indicated this in the offer, at least in good time before the conclusion of the contract.
An exclusion of the right of withdrawal is only possible for products:
1. which have been manufactured by the trader according to the consumerâs specifications;
2. which are clearly of a personal nature
3. which cannot be returned due to their nature;
4. that spoil or age quickly;
5. whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence;
6. for individual newspapers and magazines
7. for audio and video recordings and computer software whose seal has been broken by the consumer.
8. for hygiene products where the consumer has broken the seal.
An exclusion of the right of withdrawal is only possible for services:
1. which concern accommodation, transport, catering or leisure activities to be provided on a specific day or during a specific period;
2. the delivery of which began with the express consent of the consumer before the expiry of the withdrawal period;
3. concerning betting and lotteries.
Article 9 - The Price
During the period of validity indicated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations on the financial market and over which the entrepreneur has no influence. This link with fluctuations and the fact that the prices mentioned are indicative prices will be mentioned in the offer.
Price increases within 3 months of conclusion of the contract are only permitted if they result from legal regulations or provisions.
Price increases from 3 months after conclusion of the contract are only permitted if the entrepreneur has determined them and:
1. they are based on statutory provisions or regulations; or
2. the consumer is entitled to terminate the contract on the day on which the price increase takes effect.
The place of delivery according to Article 5 paragraph 1 of the VAT Act 1968 is in the country where the transport begins. In this case, this delivery takes place outside the EU. Accordingly, the postal or courier service will collect the import VAT or handling fees from the customer. Therefore, the entrepreneur will not charge VAT.
The prices for products indicated on our website include delivery costs but do not include any fees, taxes, duties or similar government-imposed charges ("duty unpaid and untaxed").
All rights, fees, customs duties, taxes or other government charges and declarations for importing the products to the delivery address are your responsibility, are borne by you and are not included in the prices of the products. For all deliveries, additional costs may apply in individual cases for which the seller is not responsible and which must be borne by the customer. In addition to shipping costs, these may also include customs duties or import sales taxes. If the goods are shipped from a non-EU country (China), or if customs duties are to be incurred for a product, this must be clarified with our customer service before ordering. Customs duties or import sales taxes are not paid by us and are at the buyer's expense. Our goods are always shipped "duty unpaid and untaxed". The buyer is the "importer of record" and is responsible for the proper payment of customs duties and/or import taxes and must fully comply with all laws and regulations of the importing country. Since the rules for importing goods vary from country to country, you should check your country's customs duties and import taxes before placing your order. The buyer is obliged to check upon receipt of the goods that all laws and regulations of the importing country have been complied with.
All prices are subject to printing 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 goods at the incorrect price.
Article 10 - Compliance and Guarantee
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability 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 use other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the contract.
Any defects or incorrectly delivered products should be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in the original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The guarantee does not apply if:
the consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
The inadequacy is wholly or partly the result of regulations which the State has or will adopt with regard to the nature or quality of the materials used.
Article 11 - Delivery and execution
The company exercises the greatest possible care when accepting and executing orders for products.
The place of delivery is the address that the consumer has communicated to the company.
Subject to the provisions of Article 4 of these General Terms and Conditions, the company will execute accepted orders promptly and at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or an order cannot be executed or can only be executed in part, the consumer will be informed of this no later than 30 days after the order has been placed. In this case, the consumer has the right to dissolve the agreement without any costs and without being entitled to compensation.
In case 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 within 14 days after dissolution.
If the delivery of an ordered product proves impossible, the entrepreneur will endeavour to deliver a replacement item. At the latest upon delivery, it will be communicated in a clear and understandable manner that a replacement item will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of return are borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of handover to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Term transactions: duration, termination and renewal
termination
The consumer may terminate a contract of indefinite duration which extends to the regular delivery of goods (including electricity) or services at any time, subject to compliance with the agreed termination rules and with a notice period of up to one month.
The consumer may terminate a fixed-term contract concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed term, subject to the applicable termination rules and a notice period of no more than one month.
The consumer may terminate the contracts referred to in the preceding paragraphs at any time:
terminate at any time and not be limited to a specific time or period;
terminate at least in the same way as he concluded it
always terminate with the same notice period that the entrepreneur has set for himself.
renewal
A fixed-term contract concluded for the regular supply of goods (including electricity) or services cannot be tacitly extended or renewed for a specific period.
Notwithstanding the previous paragraph, a fixed-term contract for the regular delivery of daily newspapers and weekly magazines may be tacitly renewed for a fixed term of no more than three months, provided that the consumer may terminate the renewed contract at the end of the renewal period, subject to a notice period of no more than one month.
A fixed-term contract for the regular supply of goods or services may be tacitly renewed for an indefinite period only if the consumer may terminate the contract at any time by giving notice of no more than one month; the notice period may not exceed three months if the contract covers the regular supply of daily newspapers, news and weekly magazines less than once a month.
A fixed-term contract for the regular delivery of trial days, newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will end automatically at the end of the trial or introductory period.
Length of time
If a contract has a term of more than one year, the consumer may terminate the contract at any time after the expiry of one year with a notice period of up to one month, unless reasonableness and fairness preclude termination before the expiry of the agreed term.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period referred to in Article 6(1). In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer is obliged to immediately inform the entrepreneur of any inaccuracies in the payment data provided or mentioned.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs communicated to the consumer in advance.
Article 14 - Complaints procedure
Complaints about the execution of the contract should be submitted to the entrepreneur in full and clearly described within 7 days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires a foreseeable 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.
If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute settlement procedure.
A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.
If a complaint is considered justified by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.
Article 15 - Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer is resident abroad.
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