Terms of service

Table of Contents

Article 1 - Definitions
Article 2 - Identity of the trader
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and performance
Article 12 - Continuing transactions: duration, cancellation and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the trader;
3. Day: calendar day;
4. 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 time;
5. Durable medium: any means that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
7. Model form: the model withdrawal form provided by the trader that a consumer can complete when wishing to exercise their right of withdrawal.
8. Trader: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance contract: an agreement whereby, within the framework of a system organised by the trader for distance selling of products and/or services, exclusive use is made of one or more means of distance communication up to and including the conclusion of the agreement;
10. Means of distance communication: a means that can be used for concluding an agreement without the consumer and trader being simultaneously present in the same location.
11. General Terms and Conditions: the present General Terms and Conditions of the trader.
12. 180-day quality guarantee: the additional guarantee period of 180 days after receipt offered by the trader, in addition to and without prejudice to the statutory right of withdrawal and statutory conformity rights. This guarantee covers manufacturing and material defects and aims to resolve issues without hassle (repair, replacement or refund).

Article 2 - Identity of the trader

Groeicommerce
Trading under the name: Agletless
Ul. Kralja Zvonimira 183
31431 Čepin, Croatia

Phone number: +31 6 14749485
Email address: info@agletless.com
Registration number (MBO): 99079984
VAT identification number: Available upon request

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.
2. 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 premises and will be sent free of charge to the consumer as soon as possible upon request.
3. 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 may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge electronically or otherwise at 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 accordingly, and the consumer may, in the event of conflicting general terms and conditions, always rely on the applicable provision that is most favourable to them.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or voidable, the agreement and these terms and conditions shall otherwise remain in force and the relevant provision shall be replaced by mutual agreement without delay by a provision that approximates the purport of the original as closely as possible.
6. Situations not covered by these general terms and conditions shall be assessed in the spirit of these general terms and conditions.
7. Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted in the spirit of these general terms and conditions.

Article 4 - The offer

1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. The trader is entitled to modify and adjust the offer.
3. 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 make a proper assessment of the offer. If the trader uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the trader.
4. All images and specifications in the offer are indicative and cannot give rise to any claim for compensation or dissolution of the agreement.
5. Product images are a truthful representation of the products offered. The trader cannot guarantee that the displayed colours exactly match the actual colours of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
   • the price including taxes;
   • any shipping costs;
   • the manner in which the agreement will be concluded and what actions are required;
   • whether or not the right of withdrawal applies;
   • the method of payment, delivery and performance of the agreement;
   • the deadline for accepting the offer, or the period within which the trader guarantees the price;
   • the level of the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
   • whether the agreement will be archived after conclusion, and if so how the consumer can access it;
   • the way in which the consumer can check and, if desired, correct the data provided in the context of the agreement before concluding it;
   • any other languages in which, in addition to English, 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 the case of a continuing transaction.

Article 5 - The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.
2. If the consumer has accepted the offer electronically, the trader will promptly confirm receipt of the acceptance electronically. Until the trader has confirmed the acceptance, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures.
4. The trader may – within legal limits – inform themselves as to whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If the trader has good grounds on the basis of this inquiry not to enter into the agreement, they are entitled to refuse an order or application with reasons, or to attach special conditions to its performance.
5. The trader will send the consumer the following information together with the product or service, in writing or in a form that enables the consumer to store it accessibly on a durable medium:
   • the visiting address of the trader's establishment where the consumer can go with 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 after-sales service;
   • the details referred to in Article 4, paragraph 3, unless the trader has already provided this information to the consumer before the performance of the agreement;
   • the requirements for cancelling the agreement if the agreement has a duration of more than one year or is for an indefinite period.
6. In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.
7. Every agreement is entered into subject to the condition precedent of sufficient availability of the relevant products.

Article 6 - Right of withdrawal

For delivery of products:

1. Upon the purchase of products, the consumer has the option to dissolve the agreement without giving reasons within 30 days. This cooling-off period commences on the day after the consumer, or a representative designated in advance by the consumer and made known to the trader, receives the product.
2. During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all accessories supplied and – where reasonably possible – in its original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.
3. When the consumer wishes to exercise their right of withdrawal, they are required to notify the trader within 30 days of receiving the product. The consumer must do so by means of the model form or by another means of communication such as email. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of postage.
4. If the customer has not indicated their wish to exercise the right of withdrawal or has not returned the product to the trader after the expiry of the periods referred to in paragraphs 2 and 3, the purchase is final.

For delivery of services:

1. Upon delivery of services, the consumer has the option to dissolve the agreement without giving reasons for at least 30 days, starting from the day the agreement was entered into.
2. To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader with the offer and/or at the latest upon delivery.

Download return form

Article 7 - Costs in case of withdrawal

1. Free returns
2. If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after withdrawal, provided that the product has already been received by the online retailer or conclusive proof of complete return has been provided. Refunds will be made via the same payment method used by the consumer unless the consumer expressly consents to a different payment method.
3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation of the product.
4. The consumer cannot be held liable for depreciation of the product if the trader has not provided all legally required information about the right of withdrawal before concluding the purchase agreement.

Article 8 - Exclusion of the right of withdrawal

1. The trader may 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 trader has clearly stated this in the offer, or at least in good time before concluding the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
   • that have been produced by the trader in accordance with the consumer's specifications;
   • that are clearly of a personal nature;
   • that cannot be returned by their nature;
   • that can spoil or age quickly;
   • whose price is subject to fluctuations in the financial market over which the trader has no influence;
   • for individual newspapers and magazines;
   • for audio and video recordings and computer software of which the consumer has broken the seal;
   • for hygienic products of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
   • concerning accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;
   • the delivery of which has commenced with the consumer's express consent before the cooling-off period has expired;
   • concerning bets and lotteries.

Article 9 - The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence, at variable prices. This dependency on fluctuations and the fact that any stated prices are indicative will be mentioned in the offer.
3. Price increases within 3 months of the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:
   • they result from statutory regulations or provisions; or
   • the consumer has the right to cancel the agreement with effect from the day the price increase takes effect.
5. The prices stated in the offer of products or services are inclusive of VAT.
6. 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 trader is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and 180-day quality guarantee

1. The trader warrants that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or fitness for purpose, and the statutory provisions and/or government regulations in force on the date of the conclusion of the agreement. If agreed, the trader also warrants that the product is suitable for other than normal use.
2. In addition to statutory conformity rights, the trader offers an additional 180-day quality guarantee on elastic laces and associated closures, calculated from the day of receipt. This additional guarantee covers manufacturing and material defects, including unusual wear, broken closures, and colour or stretch issues that should not occur under normal use. Depending on the situation, the trader will choose free replacement, repair or refund. In many cases the consumer does not need to return the product; if inspection is required, the trader will provide a shipping label and the consumer does not need to advance shipping costs.
3. This additional 180-day quality guarantee does not affect the right of withdrawal (Article 6) or any of the consumer's statutory rights.
4. Any defects or incorrectly delivered products must be reported to the trader by the consumer in writing within a reasonable time after discovery, and in any case within 2 months of discovery.
5. If return shipment is required, the consumer must pack the product properly. Returning it in the original packaging is desirable but not required.
6. The additional quality guarantee does not apply if:
   • the consumer has repaired and/or processed the delivered products themselves or has had them repaired and/or processed by third parties;
   • the delivered products have been exposed to abnormal conditions or handled carelessly, or used contrary to the trader's instructions and/or the packaging;
   • the defect is wholly or partly the result of (future) government regulations regarding the nature or quality of the materials used.

Article 11 - Delivery and performance

1. The trader will exercise the utmost care when receiving and processing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to the provisions of paragraph 4 of this article, the company will process accepted orders with due speed but no later than 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 fulfilled, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from stated delivery times. Exceeding a delivery time does not entitle the consumer to compensation.
5. In the event of dissolution pursuant to paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible, but no later than within 30 days of dissolution.
6. If delivery of an ordered product proves impossible, the trader will endeavour to make a replacement item available. At the latest upon delivery, it will be clearly and understandably communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the trader.
7. The risk of damage and/or loss of products lies with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 - Continuing transactions: duration, cancellation and renewal

Cancellation

1. The consumer may at any time cancel an agreement entered into for an indefinite period and which provides for the regular delivery of products (including electricity) or services, subject to the agreed cancellation rules and a notice period of no more than one month.
2. The consumer may at any time cancel an agreement entered into for a fixed period and which provides for the regular delivery of products (including electricity) or services, towards the end of the fixed period, subject to the agreed cancellation rules and a notice period of no more than one month.
3. The consumer may cancel the agreements referred to in the previous paragraphs:
   • at any time and not be restricted to cancellation at a specific time or during a specific period;
   • at least in the same manner as they were entered into;
   • always with the same notice period as the trader has stipulated for themselves.

Renewal

1. An agreement entered into for a fixed period and which provides for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.
2. Notwithstanding the previous paragraph, an agreement entered into for a fixed period and which provides for the regular delivery of daily, news and weekly papers and magazines may be tacitly renewed for a fixed period of no more than three months, if the consumer can cancel the extended agreement towards the end of the extension with a notice period of no more than one month.
3. An agreement entered into for a fixed period and which provides for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of no more than three months in the case of an agreement for the regular but less than monthly delivery of daily, news and weekly papers and magazines.
4. An agreement of limited duration for the regular introductory delivery of daily, news and weekly papers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

1. If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.

Article 13 - Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days from the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period commences after the consumer has received confirmation of the agreement.
2. The consumer has a duty to promptly notify the trader of any inaccuracies in provided or stated payment details.
3. In the event of non-payment by the consumer, the trader is entitled, subject to statutory limitations, to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure

1. The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the trader fully and clearly described within 2 months after the consumer has identified the defects.
3. Complaints submitted to the trader will be responded to within 30 days of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within 30 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
4. If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
5. In the event of complaints, a consumer should first contact the trader. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.
7. If a complaint is found to be justified by the trader, the trader will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

1. Agreements between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

Article 16 - Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in a form that enables the consumer to store them accessibly on a durable medium.