Contents:

Article 1 – Definitions

Article 2 – Business identity

Article 3 – Applicability

Article 4 – The offer

Article 5 – The contract

Article 6 – Right of withdrawal

Article 7 – Costs in the event of withdrawal

Article 8 – Right of withdrawal exclusion

Article 9 – The price

Article 10 – Conformity and guarantee

Article 11 – Supply and fulfilment

Article 12 – Continuing Performance Contracts: duration, termination and extension

Article 13 – Payment

Article 14 – Complaints procedure

Article 15 – Disputes

Article 16 – Additional or deviating provisions


Article 1 – Definitions 
The following definitions are applicable in these terms and conditions: 

1. Cooling-off Period: the period within which the Consumer can use the Right of Withdrawal; 
2. Consumer: the natural person not acting in the capacity of a profession or business and who enters into a Distance Contract with the Economic Operator; 
3. Day: calendar day; 
4. Continuing Performance Contract: a Distance Contract relating to a series of products and/or services, for which the supply and/or purchase obligation is spread over time; 
5. Durable Medium: each medium that allows the Consumer or Economic Operator to store information personally addressed to it in a way that allows future consultation and unaltered reproduction of the information stored. 
6. Right of Withdrawal: the possibility for the Consumer to withdraw from the Distance Contract within the Cooling-off Period;
7. Economic Operator: the natural or legal person that offers products and/or services to Consumers remotely;
8. Distance Contract: a contract whereby within the framework of a system organised by the Economic Operator for the remote sale of products and/or services one or more remote communication technologies is/are used exclusively up to and including conclusion of the contract; 
9. Remote Communication Technology: medium that can be used for concluding a contract without the Consumer and the Economic Operator having to be in the same room simultaneously.


Article 2 – Business identity
Elma BV
Sterrenbergweg 50
3769 BT Soesterberg

P.O. Box 65
3769 ZH Soesterberg

The Netherlands
Telephone number: +31 (0)346-356060
(Monday to Friday, 08:30 to 17:00 hours) 

E-mail address: autec@elmabv.nl
Chamber of Commerce number: 31022907
VAT number: NL0036 27 639 B01


Article 3 – Applicability 

1. These General Terms and Conditions are applicable to every offer from the Economic Operator and to every Distance Contract formed between the Economic Operator and the Consumer. 
2. Before the Distance Contract is concluded, the text of these General Terms and Conditions shall be made available to the Consumer. If this is reasonably not possible then before the Distance Contract is concluded it shall be stated that the General Terms and Conditions are available for inspection at the Economic Operator and that they shall be sent free of charge as soon as possible on the request of the Consumer. 
3. If the Distance Contract is concluded electronically, in derogation from the previous paragraph and before the Distance Contract is concluded, the text of these General Terms and Conditions shall be made available by electronic means to the Consumer in such a way that they can be easily saved by the Consumer on a Durable Medium. If this is reasonably not possible then before the Distance Contract is concluded it shall be stated where the General Terms and Conditions can be accessed electronically and that they shall be sent free of charge on the request of the Consumer electronically or in an alternative manner. 
4. In the event that specific product or service terms and conditions are applicable in addition to these General Terms and Conditions the second and third paragraphs shall be correspondingly applicable and in the event of conflict with these General Terms and Conditions the Consumer shall always be able to rely on the applicable provision that is the most beneficial for the Consumer.

Article 4 – The offer

1. If an offer has a limited period of validity or is a conditional offer this shall be stated specifically in the offer. 
2. The offer contains a full and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the Consumer to make an informed decision about the offer. If the Economic Operator makes use of images these shall be reliable representations of the products and/or services offered. Obvious omissions or obvious errors in the offer shall be non-binding on the Economic Operator. 
3. Each offer contains sufficient information, so the rights and obligations that will be attached to the acceptance of the offer are clear to the Consumer. In particular, these concern: 

o the price, including taxes; 
o any delivery charges; 
o the way in which the contract shall be formed and what actions are required for that; 
o whether or not the Right of Withdrawal is applicable; 
o the method of payment, delivery and performance of the contract; 
o the term for accepting the offer, or the period within which the Economic Operator guarantees the price; 
o the level of the rate for remote communication if the costs for using the Remote Communication Technology are to be calculated on a basis that differs from the normal basic rate for the communication method used; 
o whether the contract is to be archived after formation, and if so the way in which this can be consulted by the Consumer; 
o the way in which, prior to concluding the contract, the Consumer can check and if required amend the information provided by the Consumer within the framework of the contract; 
o details of any other languages (in addition to Dutch) in which the contract can be concluded; 
o the codes of conduct that the Economic Operator has agreed to abide by and the way in which the Consumer can consult these codes of conduct electronically; and 
o the minimum duration of the Distance Contract in the event of a Continuing Performance Contract.

Article 5 – The contract

1. Subject to that which is stipulated in paragraph 4, the contract shall be formed at the moment of acceptance by the Consumer of the offer and compliance with the conditions set in the offer. 
2. If the Consumer has accepted the offer electronically, the Economic Operator shall immediately confirm receipt of the offer acceptance electronically. The Consumer can dissolve the contract for as long as the receipt of this acceptance is not confirmed by the Economic Operator. 
3. If the contract is formed electronically, the Economic Operator shall implement appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the Consumer is able to make payments electronically, the Economic Operator shall implement appropriate security measures. 
4. Within the legal frameworks, the Economic Operator can ascertain whether the Consumer is able to meet its payment obligations, as well as all of the facts and factors that are important for responsibly entering into the Distance Contract. If, on the basis of this investigation, the Economic Operator has good grounds for not entering into the contract it shall be entitled to refuse an order or request (reasoned refusal) or to attach special conditions to the performance of the contract. 
5. The Economic Operator shall send the Consumer the following information about the product or service in writing or in such a way that it can be stored in an accessible manner by the Consumer on a Durable Medium:
a. the office address of the Economic Operator’s premises which can be contacted by the Consumer in the event of complaints; 
b. the conditions under which and the way in which the Consumer can invoke the Right of Withdrawal, or a clear statement concerning the exclusion of the Right of Withdrawal; 
c. the information about guarantees and existing service post-purchase; 
d. unless the Economic Operator has already provided this to the Consumer before the performance of the contract, the information contained in Article 4 paragraph 3 of these Terms and Conditions; 
e. the requirements for terminating the contract if the contract has a duration of more than one year or is of an undefined duration. 
6. The provisions of the previous paragraph are only applicable for the first delivery in the case of a Continuing Performance Contract.

Article 6 – Right of Withdrawal 
For the supply of products: 

1. When purchasing products the Consumer has the possibility of terminating the contract within 14 days without giving reasons. This Cooling-off Period commences on the day after the Consumer receives the product or the day after it is received by a representative designated by the Consumer and notified to the Economic Operator in advance.
2. During the Cooling-off Period the Consumer must handle the product and packaging with due care. The Consumer shall only unpack or use the product insofar as that is necessary to be able to evaluate whether the Consumer wishes to retain the product. If the Consumer invokes his/her Right of Withdrawal he/she shall return the product to the Economic Operator together with all accessories supplied and – if reasonably possible – in its original condition and with its original packaging in accordance with the reasonable and clear instructions provided by the Economic Operator. 

For the provision of services: 

3. For the provision of services the Consumer has the possibility of terminating the contract within a period of at least 14 days without giving reasons, commencing on the day that the contract is entered into. 
4. In order to invoke his/her Right of Withdrawal the Consumer shall follow the reasonable and clear instructions issued by the Economic Operator with the offer and/or no later than on provision of the service.

Article 7 – Costs in the event of withdrawal

1. If the Consumer invokes his/her Right of Withdrawal, the maximum costs for the Consumer shall be the return shipment costs. 
2. If the Consumer has paid an amount of money, the Economic Operator shall repay this amount as quickly as possible though no later than 30 days after the return shipment or withdrawal.

Article 8 – Right of Withdrawal exclusion

1. The Economic Operator can exclude the Consumer’s Right of Withdrawal insofar as this is provided for in paragraphs 2 and 3. The Right of Withdrawal exclusion shall only be applicable if the Economic Operator has stated this clearly in the offer or in a timely manner before the conclusion of the contract. 
2. The Right of Withdrawal exclusion is only possible for products: 
a. that are produced by the Economic Operator in accordance with the Consumer’s specifications; 
b. that are clearly personal in nature; 
c. that cannot be returned because of their nature; 
d. that can perish or age quickly; 
e. that are subject to financial market price fluctuations over which the Economic Operator has no control;
f. for individual newspapers and magazines; 
g. for audio and video recordings and computer software with regard to which the Consumer has broken the seal. 
3. The Right of Withdrawal exclusion is only possible for services: 
a. relating to accommodation, transport, restaurant establishments or leisure activities to be provided on a specific date or during a specific period; 
b. in respect of which the provision has commenced with the explicit agreement of the Consumer before the Cooling-off Period has lapsed; 
c. relating to betting and lotteries.

Article 9 – The price

1. With the exception of price changes resulting from changes to VAT rates, the prices of the products and/or services offered shall not be increased during the period of validity stated in the offer. 
2. In deviation from the previous paragraph, the Economic Operator can offer variable prices for products or services that are subject to financial market price fluctuations over which the Economic Operator has no control. This association with fluctuations and the fact that any quoted prices are guide prices, will be stated in the offer. 
3. Price increases within 3 months after the formation of the contract are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months onwards after the formation of the contract are only permitted if this is stipulated by the Economic Operator and: 
a. they are the result of statutory regulations or provisions; or 
b. the Consumer has the authority to terminate the contract with effect from the date of the price increase. 
5. The prices for the products or services stated in the offer are inclusive of VAT.

Article 10 – Conformity and guarantee

1. The Economic Operator guarantees that the products and/or services conform to the contract, the specifications in the offer, the reasonable requirements of reliability and/or suitability and the statutory provisions and/or government regulations existing on the date of contract formation. If agreed, the Economic Operator also guarantees that the product is suitable for use outside of its normal use. 
2. The guarantees as provided by our suppliers/manufacturers are applicable to all products supplied by Elma BV. Elma BV evaluates the complaint and if the complaint is justified it ensures the replacement, repair or a refund of the amount of the purchase. Elma BV is never liable for any consequential damage caused by the use of products supplied by Elma BV.

 

Article 11 – Supply and fulfilment

1. The Economic Operator shall take the greatest of care when receiving and fulfilling orders for products and when assessing requests for services. 
2. The place of delivery shall be the address notified to the Economic Operator by the Consumer. 
3. With due regard for that which is stated about this in Article 4 of these General Terms and Conditions, the Economic Operator shall fulfil acceptable orders expeditiously though no later than within 30 days unless a longer delivery time has been agreed. If the delivery is delayed or if the order cannot or can only be partly fulfilled, the Consumer shall be notified of this no later than 30 days after he/she has placed the order. In that case the Consumer has the right to terminate the contract without incurring costs and can potentially claim compensation.
4. In the event of termination in accordance with the previous paragraph, the Economic Operator shall repay the amount paid by the Consumer as quickly as possible though no later than within 30 days after termination. 
5. If delivery of an ordered product becomes impossible, the Economic Operator shall make every effort to make a replacement product available. It shall be notified in a clear and understandable manner no later than at the point of delivery that a replacement product shall be delivered. The Right of Withdrawal cannot be excluded for replacement products. The costs of any return shipment shall be at the expense of the Economic Operator. 
6. Unless agreed explicitly otherwise, the risk of damage and/or loss of products rests with the Economic Operator up to the moment of delivery to the Consumer or to a pre-designated representative notified to the Economic Operator.

Article 12 – Continuing Performance Contracts: duration, termination and extension

Termination
1. The Consumer can at all times terminate a contract that is entered into for an undefined period which is intended for products to be delivered or services to be provided on a regular basis (including electricity) with due regard for the agreed termination procedures and a notice period of a maximum of one month. 
2. The Consumer can at all times terminate a contract that is entered into for a defined period which is intended for products to be delivered or services to be provided on a regular basis (including electricity), provided such termination is at the end of the defined period and is with due regard for the agreed termination procedures and a notice period of a maximum of one month. 
3. With regard to the contracts stated in the previous paragraphs, the Consumer can: 
o terminate at any time and not be restricted to termination at a specific moment or within a specific period; 
o terminate at least in the same way as he/she originally committed to; 
o always terminate subject to the same notice period as the Economic Operator has stipulated for itself. 

Extension

4. A contract that is entered into for a defined period which is intended for products to be delivered or services to be provided on a regular basis (including electricity), may not be extended or renewed automatically for a defined period. 
5. In derogation from the previous paragraph, a contract entered into for a defined period and which is intended for the regular delivery of daily and weekly newspapers and magazines can be extended automatically for a fixed period of a maximum of three months provided that the Consumer can terminate this extended contract at the end of the extension period subject to a notice period of a maximum of one month. 
6. A contract that is entered into for a defined period and which is intended for products to be delivered or services to be provided on a regular basis may only be extended automatically for an undefined period provided that the Consumer can terminate this at any time subject to a notice period of a maximum of one month and a notice period of a maximum of three months in the case that the contract is intended for the delivery of daily and weekly newspapers and magazines on a regular basis but less than once per month. 
7. A contract with a defined duration for regular introduction supplies of daily and weekly newspapers and magazines (trial or introduction subscription) will not be extended automatically and shall end automatically after the end of the trial or introduction period. 

Duration
8. If a contract has a duration of more than one year then after one year the Consumer may at all times terminate the contract subject to a notice period of a maximum of one month, unless reasonableness and fairness reject termination before the end of the agreed contract.

Article 13 – Payment 

1. Insofar as not agreed otherwise, the amounts owed by the Consumer are to be paid within 14 days after the commencement of the Cooling-off Period as referred to in Article 6 paragraph 1. In the case of a contract for the provision of a service, this period shall commence after the Consumer has received contract confirmation. 
2. For the sale of products to Consumers the General Terms and Conditions may never stipulate a prepayment of more than 50%. When prepayment is stipulated, the Consumer cannot invoke any right whatsoever in relation to the fulfilment of the relevant order or service(s) until the stipulated prepayment has been made. 
3. The Consumer is obliged to notify the Economic Operator immediately of inaccuracies in the payment details provided or notified. 
4. In the event of non-payment by the Consumer, the Economic Operator has the right, save for statutory restrictions, to charge for the reasonable costs incurred that have been notified to the Consumer in advance.

Article 14 – Complaints procedure

1. The Economic Operator has a complaints procedure that has been adequately notified and handles complaints in accordance with this complaints procedure. 
2. Complaints about the performance of the contract must be submitted to the Economic Operator expeditiously, fully and with a clear description, after the Consumer has found the defects. 
3. Complaints submitted to the Economic Operator shall receive a response within a period of 14 days after the date of receipt. If a complaint requires a foreseeable longer period of time to be resolved, the Economic Operator shall reply within a period of 14 days with a confirmation of receipt and an indication of when the Consumer can expect a more detailed response. 
4. If the complaint cannot be resolved through mutual dialogue it shall be covered by the rules on the settlement of disputes.

Article 15 – Disputes

1. Contracts between the Economic Operator and the Consumer to which these General Terms and Conditions are applicable shall be governed exclusively by Dutch law.

Article 16 – Additional or deviating provisions

Additional provisions or provisions that deviate from these General Terms and Conditions may not be disadvantageous for the Consumer and must be recorded in writing or in such a way that they can be stored in an easily accessible manner by the Consumer on a Durable Medium.