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Terms and Conditions

Article 1 – Definitions

In these terms, the following definitions apply:

Reflection Period: The period within which the consumer can exercise their right of withdrawal;
Consumer: A natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: Calendar day;
Ongoing Contract: A distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time;
Durable Data Carrier: Any means that enables the consumer or entrepreneur to store information personally addressed to them, in a way that allows future consultation and unaltered reproduction of the stored information;
Right of Withdrawal: The ability of the consumer to withdraw from the distance contract within the reflection period;
Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance;
Distance Contract: A contract where, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, only one or more techniques for distance communication are used up to the conclusion of the contract;
Technique for Distance Communication: Means that can be used to conclude a contract without the consumer and entrepreneur being in the same physical space simultaneously.
Terms and Conditions: These Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Ergosalah (Part of Iracom B.V.)
Zaagmuldersweg 28E, 9713LJ Groningen, NL
Email: support@ergosalah.com
Chamber of Commerce number (KvK): 96162198
VAT identification number: NL867493859B01

Article 3 – Applicability

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

Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the terms and conditions are available for inspection at the entrepreneur's location and will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, the text of these terms and conditions can be made available electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, the consumer will be informed where they can view the terms electronically before concluding the contract and that they will be sent free of charge upon request.

If specific product or service conditions apply in addition to these terms and conditions, the second and third paragraphs apply accordingly, and in case of conflicting terms, the consumer can always rely on the most favorable applicable provision.

Should one or more provisions of these terms be invalid or void at any time, the contract and the remaining terms will remain in effect, and the invalid provision will be replaced by a provision that approximates the original intent as closely as possible.

Situations not covered in these terms should be assessed in line with the spirit of these terms and conditions.

Uncertainties about the interpretation or content of one or more provisions will be explained in the spirit of these terms and conditions.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to adjust and modify the offer.

The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or termination of the agreement.

Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the real colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer, especially concerning:

The price, including taxes;
Any shipping costs;
How the contract will be concluded and what actions are required;
Whether or not the right of withdrawal applies;
The method of payment, delivery, and execution of the agreement;
The period for accepting the offer, or the period during which the entrepreneur guarantees the price;
The rate for communication if the cost of using the distance communication technique is calculated on a different basis than the regular base rate for the communication method used;
Whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
How the consumer can check and, if necessary, correct the information provided in the context of the contract before it is concluded;
Any other languages in which the agreement can be concluded in addition to Dutch;
The codes of conduct the entrepreneur adheres to and how the consumer can consult these codes electronically; and
The minimum duration of the distance contract in the case of an ongoing transaction.

Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

The contract is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the associated conditions.

If the consumer 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, the consumer can dissolve the contract.

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

The entrepreneur may, within the legal framework, obtain information about the consumer’s ability to meet their payment obligations, as well as any other facts and factors relevant to responsibly concluding the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to impose special conditions on the execution.

At the latest upon delivery of the product or service, the entrepreneur will provide the consumer with the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

The visit address of the entrepreneur's establishment where the consumer can lodge 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;
The information on guarantees and existing after-sales services;
The information included in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
The requirements for terminating the contract if the contract has a duration of more than one year or is indefinite.

In the case of an ongoing contract, 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 respective products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the contract without stating reasons within 14 days. This reflection period begins the day after the consumer, or a representative previously designated by the consumer, receives the product.

During the reflection period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer exercises the right of withdrawal, they will return the product with all delivered accessories and – if reasonably possible – in its original condition and packaging, in accordance with the clear and reasonable instructions provided by the entrepreneur.

If the consumer wishes to exercise the right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receiving the product. The consumer must notify the entrepreneur via a written message/email. After the consumer has notified the entrepreneur, they must return the product within 14 days. The consumer must provide proof that the product has been returned in time, for example by means of a shipping receipt.

If the consumer has not expressed their intention to exercise the right of withdrawal or has not returned the product after the periods mentioned in paragraphs 2 and 3, the purchase is final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the return shipping costs will be borne by the consumer.

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, provided that the product has already been returned or 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 products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer or at least in time before concluding the agreement.

Exclusion of the right of withdrawal is only possible for products:

that have been created by the entrepreneur in accordance with the consumer's specifications;
that are clearly personal in nature;
that by their nature cannot be returned;
that can spoil or age quickly;
whose price is dependent on fluctuations in the financial market over which the entrepreneur has no control;
for single newspapers and magazines;
for audio and video recordings and computer software where the consumer has broken the seal;
for hygienic products where the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

related to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
whose delivery has begun with the consumer's express consent before the withdrawal period has expired;
related to bets and lotteries.

Article 9 – The price

During the validity period mentioned 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.

Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no control, at variable prices. This dependence on fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.

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

Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

they are the result of statutory regulations or provisions; or
the consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.

The prices mentioned in the offer of products or services exclude VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the statutory 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.

A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur based on the agreement.

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

The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. 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 themselves or had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the entrepreneur's instructions and/or the packaging;
The defectiveness is entirely or partly the result of government regulations regarding the nature or quality of the materials used.

Article 11 – Delivery and execution

The entrepreneur will take the utmost care when receiving and executing product orders.

The delivery address is the address provided by the consumer to the company.

With due observance of the provisions in Article 4 of these general terms and conditions, the company 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 delivery is delayed or if an order cannot or can only partially be executed, the consumer will be informed no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any 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 30 days after dissolution.

If delivery of a product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are at the entrepreneur's expense.

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

Responsibility for Import Duties and VAT:
The customer is fully responsible for paying any import duties, taxes, and VAT upon receipt of the goods. This applies to all orders shipped from a third country (such as China) to the Netherlands. The webshop is not responsible for these costs, and they are not calculated in advance when placing the order.

Delivery and Shipping:
The goods are shipped directly from a third country, such as China. The webshop does not handle the importation of goods into the Netherlands and is not responsible for customs procedures. Shipping is directly managed by the supplier in the third country.

Risk of Delays or Additional Costs:
Delays or additional costs, such as customs fees, may occur when importing goods. These costs and any associated risks are fully the responsibility of the customer. The webshop is not liable for any delays or additional costs arising from customs procedures or import restrictions.

Article 12 – Duration transactions: duration, termination, and extension

Termination

The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer can terminate the agreements referred to in the previous paragraphs:

at any time and not be limited to termination at a specific time or in a specific period;
at least in the same way as they were entered into by him;
always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension

An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.

Contrary to the previous paragraph, an agreement entered into for a definite period and that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed term of a maximum of three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

An agreement entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

A fixed-term agreement to regularly deliver daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will end 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 the reasonableness and fairness oppose termination before the end of the agreed term.

Article 13 – Payment

Unless otherwise agreed, amounts due by the consumer must be paid within 7 working days after the commencement of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.

The consumer has a duty to report inaccuracies in payment details provided or stated immediately to the entrepreneur.

In the event of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

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

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 respond within 14 days with a message 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 entrepreneur's obligations unless the entrepreneur has indicated otherwise in writing.

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

From 15 February 2016, it is also possible for consumers in the EU to report complaints via the ODR platform of the European Commission. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not yet being processed elsewhere, you are free to submit your complaint via the platform of the European Union.

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 resides abroad.

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