General Conditions

General Terms and Conditions Article 1 – Definitions

In these conditions the following terms mean:

• Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
• Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
• Day: calendar day;
• Long-term transaction: a distance contract relating to a series of products and/or services whose delivery and/or performance obligations are spread over time;
• Durable medium (durable data carrier): any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unchanged reproduction of the stored information;
• Right of withdrawal: the possibility for the consumer to revoke the distance contract within the cooling-off period;
• Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers
• ong-term transaction: a distance contract concerning a series of products and/or services whose delivery and/or performance obligations are 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 unchanged reproduction of the stored information;
• Right of withdrawal: the consumer’s possibility to withdraw from the distance contract within the cooling-off period;
• Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
• Distance contract: a contract concluded within the framework of a system organised by the entrepreneur for the remote sale of products and/or services, whereby, up to and including the conclusion of the contract, one or more techniques for remote communication are used;
• Technique for remote communication: any means which can be used for the conclusion of a contract without the consumer and entrepreneur being physically present in the same place at the same time;
• General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

• Company name: Ceruro - Dieter MAtthys
• Company address: Wilgenstraat 3 - 2800 Mechelen
• support@ceruro.com
• Chamber of commerce : 0782438721
• VAT NR : BE0782438721

Article 3 – Applicability These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before a 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, prior to the conclusion of the distance contract the consumer will be informed that the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent to the consumer free of charge upon request as soon as possible.

If the distance contract is concluded electronically, and notwithstanding the previous paragraph, the text of these general terms and conditions may be made available to the consumer electronically prior to the conclusion of the distance contract in such a way that the consumer can easily store them on a durable medium.

If this is not reasonably possible, then before the distance contract is concluded it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent to the consumer free of charge, either electronically or otherwise, upon request.

In the event that specific product or service terms also apply in addition to these general terms and conditions, the second and third paragraphs shall apply correspondingly, and in the case of conflicting terms the consumer may always rely on the provision that is most favorable to them.

If one or more provisions of these general terms and conditions are at any time wholly or partly void or annulled, the agreement and these terms and conditions shall remain in force in all other respects, and the provision in question shall be promptly replaced by mutual consultation with a provision that, as far as possible, approximates the purport of the original.

Situations not regulated by these general terms and conditions shall be assessed in the spirit of these general terms and conditions.

Ambiguities concerning the interpretation or content of one or more provisions of our terms shall be construed in the spirit of these general terms and conditions.

Article 4 – The Offer If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.

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

The offer contains 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, these are a truthful representation of the products and/or services offered. Apparent mistakes or manifest errors in the offer do not bind the entrepreneur.

All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.

Product images are a faithful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains sufficient information to make clear to the consumer what rights and obligations are associated with acceptance of the offer. This includes, in particular:

• the price, excluding customs clearance fees and import VAT. These additional costs shall be borne by and at the risk of the customer. The postal and/or courier service will, with regard to importation, make use of the special scheme for postal and courier services. This scheme applies if the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service will collect the VAT (possibly together with the charged customs clearance fees) from the recipient of the goods;
• any shipping costs;
• the manner in which the contract will be concluded and which actions are required to do so;
• whether the right of withdrawal applies or not;
• the method of payment, delivery and performance of the contract;

• the period for acceptance of the offer, or the period during which the entrepreneur guarantees the price;
• the amount of the rate for remote communication if the costs of using the technique for remote communication are charged on a basis other than the regular basic rate for the communication medium used;
• whether the contract will be archived after its conclusion, and if so, how it can be consulted by the consumer;
• the manner in which the consumer can check and, if desired, correct the data he has provided in the context of the contract before concluding the contract;
• any other languages in which, besides Dutch, the contract may be concluded;

• the codes of conduct to which the entrepreneur has subscribed and the manner in which the consumer can consult these codes electronically;
• and the minimum duration of the distance contract in the case of a long-term transaction.

Optional: available sizes, colors, and types of materials.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfils the conditions attached thereto.

If the consumer has accepted the offer electronically, the entrepreneur shall without delay confirm receipt of that acceptance by electronic means. As long as the entrepreneur has not confirmed receipt of that acceptance, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur shall implement appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures for that purpose.

Within the limits of the law, the entrepreneur may make enquiries to assess whether the consumer can meet his payment obligations, and may obtain information about any facts and factors that are relevant for responsibly entering into the distance contract. If, based on such an investigation, the entrepreneur has good reasons not to enter into the contract, he is entitled to refuse an order or request with reasons or to attach special conditions to its execution.

The entrepreneur shall provide the consumer with the following information with the product or service, in writing or in such a way that it can be stored by the consumer on a durable medium in an accessible manner:

1. the physical address of the entrepreneur’s establishment where the consumer can lodge complaints;
2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
3. information about warranties and existing after-sales service;
4. the information referred to in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to performance of the contract;
5. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

Each contract is entered into subject to the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the option to withdraw from the contract without giving reasons within 14 days. This cooling-off period begins on the day after the consumer, or a person designated in advance by the consumer and notified to the entrepreneur, receives the product.

During the cooling-off period the consumer must handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises their right of withdrawal, they must return the product to the entrepreneur with all supplied accessories and, where reasonably possible, in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur of this within 14 days of receipt of the product. The notification must be made by means of a written notice or email. After the consumer has notified their intention to exercise the right of withdrawal, the customer must return the product within 14 days. The consumer must provide proof that the goods were returned in time, for example by providing a proof of shipment.

If the customer, after the expiry of the periods referred to in paragraphs 2 and 3, has not notified that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase shall be considered final.

Article 7 – Costs in case of withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products shall be borne by the consumer.

If the consumer has paid an amount, the entrepreneur shall repay that amount as soon as possible, but no later than 14 days after the withdrawal. This repayment is conditional on the product having been received back by the online retailer or on the consumer providing conclusive proof of complete return shipment.

Article 8 – Exclusion of the right of withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as 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, or at least in a timely manner before the conclusion of the contract.

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

1. that have been produced by the entrepreneur in accordance with the consumer’s specifications;
2. that are clearly personal in nature;
3. that by their nature cannot be returned;
4. that are liable to deteriorate or expire rapidly;
5. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
6. for loose newspapers and magazines;
7. for audio and video recordings and computer software for which the consumer has broken the seal;
8. for hygienic products for which the consumer has broken the seal.

1. concerning accommodation, transport, catering or leisure services to be performed on a specific date or during a specific period;
2. the delivery of which has begun with the consumer’s express consent before the cooling-off period has expired;
3. concerning betting and lotteries.

Article 9 – Price

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.

Notwithstanding the preceding paragraph, the entrepreneur may offer products or services whose prices are linked to fluctuations on the financial market and over which the entrepreneur has no influence, at variable prices. This linkage to market fluctuations and the fact that any stated prices are indicative will be stated in the offer.

Price increases within 3 months after the conclusion of the contract are only permitted if they result from statutory provisions or regulations. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

1. they result from statutory provisions or regulations; or
2. the consumer has the right to terminate the contract with effect from the day the price increase takes effect.

The place of delivery, pursuant to Article 5(1) of the Turnover Tax Act 1968, is the country where the transport commences. In the present case this delivery takes place outside the EU. Accordingly, the postal and/or courier service will collect import VAT and/or customs clearance charges from the recipient of the goods. Therefore the entrepreneur will not charge VAT.

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

Article 10 – Conformity and Warranty

The entrepreneur warrants that the products and/or services comply with the agreement, with the specifications set out in the offer, with the reasonable requirements of soundness and/or usability, and with the statutory provisions and/or government regulations in force on the date the agreement is concluded. If agreed, the entrepreneur also warrants that the product is suitable for purposes other than normal use.

A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the agreement.

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

The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is in no event responsible for the ultimate suitability of the products for any 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 has had them repaired and/or modified by third parties;
• The delivered products have been exposed to abnormal conditions or otherwise handled negligently, or have been used contrary to the entrepreneur’s instructions and/or the instructions on the packaging;
• The defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government concerning the nature or quality of the materials used.

Article 11 – Delivery and Performance

The entrepreneur shall exercise the greatest possible care in receiving and handling orders for products.

The place of delivery shall be the address that the consumer has communicated to the company.

Subject to the provisions of Article 4 of these general terms and conditions, the company shall execute accepted orders with due speed and 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 be fulfilled or can only be fulfilled in part, 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 contract free of charge and to claim any possible damages.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. At the latest upon delivery it will be clearly and understandably indicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or to a person designated in advance by the consumer and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Long-term transactions: duration, termination and renewal

Termination

The consumer may terminate a contract concluded for an indefinite period and which provides for the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a termination period of no more than one month.

The consumer may terminate a contract concluded for a fixed term and which provides for the regular supply of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a termination period of no more than one month.

The consumer may, with respect to the contracts referred to in the preceding paragraphs:

• terminate at any time and not be limited to terminating at a specific moment or within a specific period;
• terminate at least in the same manner as the contract was entered into by the consumer;
• always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension

A contract concluded for a fixed term that provides for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

Notwithstanding the preceding paragraph, a contract concluded for a fixed term that provides for the regular supply of daily, news and weekly newspapers and magazines may be tacitly extended for a limited period of up to three months, provided that the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.

A contract concluded for a fixed term that provides for the regular supply of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and with a notice period of no more than three months in the case of a contract that provides for the regular, but less than once per month, supply of daily, news and weekly newspapers and magazines.

A limited-duration contract for the regular supply of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.