Article 1 - Definitions.
In these general terms and conditions the following definitions apply:
Grace 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 profession or business and 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 means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products 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: means that can be used for concluding an agreement, without the consumer and entrepreneur having come together in the same room at the same time.
General terms and conditions: the present general terms and conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Company name: Forbeo
Chamber of Commerce number: 94860467
Trade name: Forbeo
VAT number:
Customer service email: info@forbeo.com
Company address: Netherlands
Article 3 - Applicability
These general terms and conditions shall apply to every offer of 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 conditions will be made available to the consumer. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur's premises and they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph, the text of these general conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier, before the distance contract is concluded. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favorable to him.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or voidable, then the agreement and these general terms and conditions for the rest remain in full force and the provision in question will be replaced without delay by mutual agreement with a provision that approaches the purpose of the original provision as closely as possible.
Situations not covered by these terms and conditions shall be judged in the spirit of these terms and conditions.
Uncertainty about the interpretation or content of one or more provisions of our terms and conditions will be settled in favor of the 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 without obligation. The entrepreneur has the right to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images these are a true reflection 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 can not lead to compensation or dissolution of the agreement.
The images accompanying the products are a true representation of the products offered. The entrepreneur cannot guarantee that the depicted colors exactly match the actual colors of the products.
Each 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 in particular:
The price, excluding customs clearance costs and import sales tax. These additional costs are at the expense and risk of the customer. The postal and/or courier service will apply the special regulation for postal and courier services regarding imports. This regulation applies if the goods are imported into the destination country in the EU, which is the case here. The postal and/or courier service will collect VAT (along with customs clearance fees, if applicable) from the recipient of the goods;
shipping costs, if any;
The way the contract is established and what actions are required to do so;
whether or not the right of withdrawal is applicable
the method of payment, delivery and performance of the contract;
the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
the amount of the rate of distance communication if the costs of using the technique for distance communication are calculated on a basis other than the general basic rate for the means of communication used;
whether the contract is archived after its conclusion and, if so, in what way it can be consulted by the consumer;
the way in which the consumer, before concluding the contract, can check the information provided by him in the context of the contract and, if desired, rectify it;
any other languages in which the agreement can be concluded;
the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in case of an endurance transaction.
Optional: available sizes, colors, type of material.
Article 5 - The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfilment of 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 receipt of this acceptance has not been confirmed by the entrepreneur, 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 ensure a secure Internet environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures to that end.
Within legal frameworks, the entrepreneur can inform himself 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, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, giving reasons.
The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
- the visiting address of the entrepreneur's company where the consumer can go with complaints;
- the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement about the exclusion of the right of withdrawal
- information about guarantees and existing after-sales service;
- the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
- the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In case of an agreement to deliver in installments, the provision in the previous paragraph applies only to the first delivery.
Each agreement is entered into under the suspensive condition of sufficient availability of the relevant products.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for a period of 30 days. This reflection period commences on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
During the reflection 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 accessories supplied and - if reasonably possible - in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wants to use his right of withdrawal, he notifies the entrepreneur within 30 days after receipt of the product. The consumer must make this known by means of a written message/email. After the consumer has made it known that he wants to use his right of withdrawal, he must return the goods within 30 days. The consumer must prove that the delivered goods were returned to the place of origin in a timely manner, e.g. through proof of shipment.
If the consumer has not expressed his intention to use his right of withdrawal or has not returned the product to the entrepreneur after the expiration of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.
Article 7 - Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, the costs of returning the product are 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 the withdrawal. This on condition that the product has already been received by the entrepreneur, or conclusive evidence of complete return is submitted.
Article 8 - Exclusion of 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 applies only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products
- Which have been created by the trader in accordance with the consumer's specifications;
- that are clearly of a personal nature
- that are not suitable for return shipment due to their nature
- Which spoil or age quickly
- whose price is subject to fluctuations in the financial market that are beyond the Entrepreneur's control;
- For individual newspapers and magazines;
- For audio and video recordings and computer software, if the consumer has broken the seal.
- For hygiene articles, if the consumer has broken the seal.
The exclusion of the right of withdrawal is only possible for services
- relating to accommodation, transportation, catering or leisure activities to be performed on a certain date or during a certain period;
- if the performance of the service has begun with the consumer's express consent before the withdrawal period has expired;
- betting and lotteries.
Article 9 - Price
During the validity period stated 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 can offer products or services whose prices are subject to fluctuations in the financial market and on which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has agreed and
- they result from statutory regulations or provisions; or
- the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
The place of delivery within the meaning of Article 5 paragraph 1 of the Turnover Tax Act 1968 is the country where the transport begins. In the present case, the delivery takes place outside the EU, so the postal or courier service will charge the customer sales tax on importation or customs clearance fees. Therefore, the entrepreneur is not charged VAT.
All prices are subject to printing errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the wrong price.
Article 10 - Conformity and warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations on the date of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer under the agreement against the entrepreneur can assert.
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 in no way liable for the ultimate suitability of the products for each individual use by the consumer, nor for advice regarding the use or application of the products.
The guarantee does not apply if:
the consumer has repaired and/or adjusted the delivered products himself or has had them repaired and/or adjusted by third parties;
the delivered products have been exposed to abnormal conditions or otherwise carelessly treated, or have been treated contrary to the instructions of the entrepreneur and/or on the packaging;
the defect is wholly or partially the result of regulations which the government has set or will set regarding the nature or quality of the materials used.
Article 11 - Delivery and implementation
The entrepreneur will take the greatest possible care when receiving and executing orders of products.
The place of delivery is the address that the consumer has made known to the entrepreneur.
Subject to what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this within 30 days after the order was placed. In that case, the consumer has the right to dissolve the contract without cost and to claim damages.
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 at the latest within 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of return shipment shall be borne by the entrepreneur.
The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a previously designated and made known to the entrepreneur representative, unless otherwise expressly agreed.
Article 12 - Duration transactions: duration, termination and extension
Termination
The consumer may contract for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time terminate in accordance with agreed termination rules and a notice of up to one month.
The consumer may terminate a fixed-term contract that was concluded for the regular delivery of products (including electricity) or services at any time in compliance with the applicable termination rules and a period of notice that does not exceed one month at the end of the fixed term.
The consumer may terminate the agreements mentioned in the previous 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 they were concluded;
always terminate with the same notice period as the entrepreneur has stipulated for himself.
Renewal
A contract entered into for a definite period and which extends to the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily, news and weekly newspapers or magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer may terminate this renewed contract towards the end of the renewal with a notice period not exceeding one month.
A fixed-term contract that has been concluded for the regular delivery of products or the provision of services may be tacitly renewed for an indefinite period of time only if the consumer may terminate it at any time with not more than one month's notice and with not more than three months' notice if the contract is for the regular, but less than once a month, delivery of daily newspapers, newspapers and magazines.
A fixed-term contract for the regular delivery of trial days, newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration
In the case of a contract with a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of up to one month, unless the own assets oppose termination before the end of the agreed duration.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer should be paid within 7 working days after the start of the reflection period as referred to in article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known in advance to the consumer.
Article 14 - Complaints
Complaints about the implementation of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has found the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice 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 settlement procedure.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found by the entrepreneur to be justified, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.
Article 15 - Disputes
On agreements between the entrepreneur and the consumer to which these general conditions apply, only Dutch law applies. Even if the consumer resides abroad.