Icarus 30
8448 CJ Heerenveen

Article 1 - Definitions

1. Agreement: an agreement whereby the buyer acquires products and/or services in connection with an agreement or distance agreement with the entrepreneur;
2. Reflection period: the period within which the consumer can exercise their right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to their trade, business, craft, or professional activity;
4. Customer: the natural or legal person who is not a consumer;
5. Buyer: the customer and the consumer together;
6. Day: calendar day;
7. Continuous agreement: an agreement that provides for the regular delivery of goods and services over a certain period;
8. Durable medium: any tool - including email - that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended, and which allows unchanged reproduction of the stored information;
9. Right of withdrawal: the consumer's ability to withdraw from the distance agreement within the reflection period;
10. Entrepreneur: the private limited company Epplejeck Branches BV;
11. Distance agreement: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services, where up to and including the conclusion of the agreement, exclusive or partial use is made of one or more techniques for distance communication;
12. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I does not need to be provided if the consumer has no right of withdrawal regarding their order;
13. Technique for distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur having to meet in the same space simultaneously.

Article 2 - Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every agreement or distance agreement concluded between the entrepreneur and the buyer.
2. Before the agreement or distance agreement is concluded, the text of these general terms and conditions will be made available to the buyer. If this is not reasonably possible, the entrepreneur will indicate, before the agreement or distance agreement is concluded, how the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge as soon as possible upon the buyer's request.
3. If the distance agreement is concluded electronically, notwithstanding the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may be made available to the buyer electronically in such a way that it can be easily stored by the buyer on a durable medium. If this is not reasonably possible, it will be indicated, before the distance agreement is concluded, where the general terms and conditions can be accessed electronically and that they will be sent free of charge electronically or otherwise upon the consumer’s request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and the customer may always invoke the applicable provision that is most favorable to them in case of conflicting conditions.

Article 3 - The offer

1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the buyer. If the entrepreneur uses images, these are a truthful representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the buyer what rights and obligations are attached to accepting the offer.
4. The offer is without obligation. The entrepreneur is entitled to modify and adjust the offer.

Article 4 - The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the buyer of the offer and compliance with the conditions set therein.
2. If the buyer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the buyer 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 customer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose.
4. Within legal frameworks, the entrepreneur may ascertain whether the customer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the agreement and distance agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request with motivation or to attach special conditions to the execution.
5. No later than upon delivery of the product and/or service to the consumer, the entrepreneur will provide the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium: * the visiting address of the entrepreneur's establishment where the consumer can address complaints; * the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; * information about warranties and existing after-sales service; * the price including all taxes of the product, service, or digital content; where applicable, the delivery costs; and the method of payment, delivery, or performance of the distance agreement; * the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration; * if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.

Article 5 – Right of withdrawal for distance agreements

For products:

1. The consumer may dissolve an agreement regarding the purchase of a product during a reflection period of at least 30 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal but may not oblige them to provide their reason(s).
2. The reflection period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or: if the consumer ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, received the last product. The entrepreneur may, provided they have clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with different delivery times. If the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or part; for agreements for regular delivery of products over a certain period: the day on which the consumer, or a third party designated by them, received the first product.
   
   

1. If the entrepreneur has not provided the consumer with the legally required information about 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.
2. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months of the start date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.

Article 6 - Obligations of the consumer during the reflection period for distance agreements

1. During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as they would be allowed to do in a store.
2. The consumer is only liable for depreciation of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for depreciation of the product if the entrepreneur has not provided them with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 7 - Exercise of the right of withdrawal for distance agreements by the consumer and costs thereof

1. If the consumer exercises their right of withdrawal, they notify the entrepreneur within the reflection period using the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer has observed the return period in any case if they return the product before the reflection period has expired.
3. The consumer returns the product with all supplied 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 risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that they will bear the costs themselves, the consumer does not have to bear the costs of return.
6. If the consumer exercises their right of withdrawal, all additional agreements are dissolved by operation of law.

Article 8 - Obligations of the entrepreneur upon withdrawal

1. If the entrepreneur enables the consumer to notify withdrawal electronically, they will send an acknowledgment of receipt immediately upon receiving this notification.
2. The entrepreneur reimburses all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait with reimbursement until they have received the product or until the consumer demonstrates that they have returned the product, whichever occurs first.
3. The entrepreneur uses the same payment method for reimbursement as the consumer used, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
4. If the consumer has opted for a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not required to reimburse the additional costs for the more expensive method.

Article 9 - Exclusion of the right of withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, or at least in good time before concluding the agreement.

1.Service agreements, after full performance of the service, but only if:

• performance has started with the consumer's express prior consent;
• the consumer has declared that they lose their right of withdrawal once the entrepreneur has fully performed the agreement;

2. Products manufactured to the consumer's specifications, which are not prefabricated and are made based on an individual choice or decision by the consumer, or which are clearly intended for a specific person;
3. Products that spoil quickly or have a limited shelf life;
4. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
5. Products that, by their nature, are irrevocably mixed with other products after delivery.

Article 10 - Exchange and return if not a distance purchase

1. The buyer may exchange or return the purchased product within 30 days of concluding the agreement at one of the entrepreneur's branches. Web kiosk orders placed in the branches can only be returned at one of the entrepreneur's branches. To receive a different size, color, or item, a new purchase must be made in the branch or a new (web kiosk) order must be placed.
2. The buyer can only exchange or return the product upon presentation of the receipt and/or proof of purchase.
3. Products to be exchanged or returned must be clean, unused, and undamaged.
4. If a product is not clean, used, or damaged, the entrepreneur may choose to charge the cleaning costs to the customer or refuse the product.
5. Items specially ordered or custom-made for the buyer are excluded from exchange or return.

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 due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may 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 any prices quoted are indicative will be stated in the offer.
3. Price increases within 3 months of the conclusion of the agreement are only permitted if they result from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

• they result from legal regulations or provisions; or
• the consumer has the authority to terminate the agreement effective from the day the price increase takes effect;

5. The prices stated in the offer of products or services include VAT.
6. Price lists and advertisements are subject to printing and typographical errors and model changes and do not bind the entrepreneur.

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, reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
2. An additional warranty provided by the entrepreneur, their supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill their part of the agreement.
3. Additional warranty means any commitment by the entrepreneur, their supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to do in case they have failed to fulfill their part of the agreement.
4. If the buyer places a special order with the entrepreneur or goods have been custom-made for the buyer, the buyer cannot cancel the placed order and is obliged to take delivery.

Article 13 - Delivery and performance

1. The entrepreneur will exercise the utmost care when receiving and executing product orders and when assessing requests for the provision of services.
2. The delivery address is the address that the buyer has provided to the entrepreneur.
3. Subject to what is stated in Article 3 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the customer has the right to dissolve the agreement at no cost and is entitled to any compensation.
4. Upon dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the customer without delay.
5. If ordered goods cannot be delivered because the entrepreneur, through no fault of their own, is not supplied by their supplier despite the supplier’s contractual obligation, the entrepreneur has the right to withdraw from the agreement with the buyer. In that case, the buyer will be immediately informed that the ordered goods are no longer available, and any payments already made will be refunded immediately.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the customer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.

Article 14 - Payment

1. Unless otherwise specified in the agreement or additional conditions, amounts owed by the buyer in the store must be paid in full at the cash register by handing over cash or via PIN, Visa, Mastercard, gift card, or voucher.
2. For the safety of the entrepreneur's (employees), it may be indicated at the cash register which banknotes cannot be used for cash payment.
3. When a product is not available, for example, not in the correct size or color, the buyer may request a so-called ‘web kiosk’ order. The buyer indicates at the cash register in the branch which product is desired. The branch employee will place the order, and the buyer pays the full amount at the cash register. The product is then delivered to the address provided by the buyer or can be picked up by the buyer at a branch of the entrepreneur of their choice.
4. Unless otherwise specified in the agreement or additional conditions, amounts owed by the consumer for a distance purchase must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period, within 14 days after concluding the agreement. In the case of an agreement for the provision of a service, this period begins on the day after the consumer receives confirmation of the agreement.
5. In the case of distance sales of products to consumers, the consumer may never be obliged in general terms and conditions to prepay more than 50%. When prepayment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the stipulated prepayment has been made.
6. The consumer has the duty to promptly report inaccuracies in provided or stated payment details to the entrepreneur.
7. If the customer fails to meet their payment obligation(s) on time, they are in default by operation of law. If the consumer fails to meet their payment obligation on time, after being notified by the entrepreneur of the late payment and granted a 14-day period by the entrepreneur to still meet their payment obligations, they owe statutory interest on the outstanding amount after the payment deadline or the 14-day period has passed, and the entrepreneur is entitled to charge the extrajudicial collection costs incurred. These collection costs are calculated based on the Dutch Extrajudicial Collection Costs Standardization Act.
8. The entrepreneur has a savings program for the buyer. The conditions for the savings program are published on the entrepreneur’s website. The entrepreneur reserves the right to modify the conditions of the savings program or discontinue it.

Article 15 - Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the buyer has identified the defects.
3. Complaints submitted to the entrepreneur will be answered within 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 an acknowledgment of receipt and an indication of when the buyer can expect a more detailed response.

Article 16 – Liability for non-consumer purchases

1. The entrepreneur is liable in case of damage caused by gross negligence or intentional fault. In case of damage caused by an ordinary fault, repeated minor fault, or failure to fulfill their obligations under the agreement, the entrepreneur is only liable for direct damage, up to a maximum of the order value, unless the entrepreneur’s insurer covers a higher amount. The entrepreneur is never liable for indirect damage.
2. The entrepreneur is not liable for compensation if there is a defect solely attributable to improper handling of the goods, improper storage, or failure to follow the instructions for use by the entrepreneur.

Article 17 - Privacy

1. The entrepreneur processes the buyer’s data, including in certain cases the buyer’s personal data. The entrepreneur processes the data (in particular name, address, and order details of the customer) for customer management and for the purpose of executing the agreement.

Article 18 – Product data

1. The buyer may only use, apply, or pass on basic product and/or item data as well as product images and product texts of the entrepreneur (hereinafter referred to as ‘Product Data’) after prior written permission from the entrepreneur.

Article 19 - Retention of title

1. Ownership of the delivered products transfers to the buyer only after the amount due has been paid.

Article 20 - Disputes

1. Agreements between the entrepreneur and the buyer to which these general terms and conditions apply are exclusively governed by Dutch law.
2. Disputes between the buyer and the entrepreneur regarding the conclusion or performance of agreements relating to products and services to be delivered or delivered by this entrepreneur may, subject to the provisions below, be submitted by either the buyer or the entrepreneur to the court competent under the law.