Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Ongoing transaction: a distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over a period of time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement concluded within a system organized by the entrepreneur for the distance sale of products and/or services, where up to and including the conclusion of the agreement only one or more means of distance communication are used;
Means of distance communication: a method that can be used to conclude a contract without the consumer and entrepreneur being in the same place at the same time;
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
Casa Erolux
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 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 concluding the contract that the terms and conditions can be inspected at the entrepreneur’s premises and will be sent free of charge upon request.
If the contract is concluded electronically, the text of these terms may be provided electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated where they can be viewed electronically and that they will be sent free of charge upon request.
If specific product or service conditions apply in addition to these general terms, the consumer may always rely on the provision most favorable to them in case of conflicting terms.
If one or more provisions of these terms are wholly or partially invalid, the agreement and remaining terms remain in force. The invalid provision will be replaced by one that reflects the original intention as closely as possible.
Situations not covered by these terms must be assessed in the spirit of these terms.
Ambiguities regarding interpretation must be interpreted in the spirit of these terms.
Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated.
The offer is non-binding. The entrepreneur may amend or adjust it.
The offer contains a complete and accurate description of the products and/or services. Images are a true representation. Obvious errors or mistakes are not binding.
All images, specifications, and data are indicative and cannot lead to compensation or termination of the agreement.
Product images represent the products truthfully, but the entrepreneur cannot guarantee that displayed colors exactly match actual colors.
Each offer clearly states the rights and obligations attached to its acceptance, including in particular:
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The price, excluding customs clearance costs and import VAT. These additional costs are at the customer’s expense and risk. The postal or courier service will collect import VAT and possible clearance costs from the recipient.
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Any shipping costs;
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The method of concluding the contract;
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Whether the right of withdrawal applies;
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Payment, delivery, and performance terms;
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The acceptance period or price guarantee period;
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Communication costs (if different from the standard rate);
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Whether the contract is archived and how it can be accessed;
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How the consumer can check and correct information before concluding the contract;
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Languages in which the contract can be concluded;
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Applicable codes of conduct;
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The minimum duration of the contract in the case of ongoing transactions.
Optional: available sizes, colors, material types.
Article 5 – The Agreement
The agreement is concluded when the consumer accepts the offer and fulfills its conditions.
If accepted electronically, the entrepreneur will confirm receipt immediately. Until confirmation is received, the consumer may dissolve the agreement.
The entrepreneur will take appropriate technical and organizational measures to secure electronic data transmission.
The entrepreneur may verify whether the consumer can meet payment obligations and may refuse orders or attach conditions if justified.
The entrepreneur will provide the consumer with:
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The business address for complaints;
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Information on exercising the right of withdrawal;
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Warranty and after-sales information;
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Contract termination conditions (for contracts longer than one year).
Every agreement is concluded subject to sufficient availability of products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer may withdraw from the contract without giving reasons within 30 days. The period begins the day after receipt of the product.
During the cooling-off period, the consumer must handle the product and packaging carefully and may only unpack it to assess whether they wish to keep it.
To exercise the right of withdrawal, the consumer must notify the entrepreneur in writing/email within 30 days of receipt and return the product within 30 days. Proof of timely return must be provided.
If the consumer fails to notify or return the product within the specified periods, the purchase becomes final.
Article 7 – Costs in Case of Withdrawal
The consumer bears the return shipping costs.
If payment has been made, the entrepreneur will refund the amount within 14 days after withdrawal, provided the product has been returned or proof of return is provided.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the right of withdrawal only if clearly stated in the offer.
Exclusion is possible for:
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Custom-made products;
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Clearly personal products;
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Products that cannot be returned by nature;
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Perishable goods;
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Products subject to financial market fluctuations;
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Newspapers and magazines;
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Audio/video recordings or software if unsealed;
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Hygiene products if unsealed.
For services:
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Accommodation, transport, restaurant, or leisure services on specific dates;
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Services started with consumer consent before the withdrawal period ends;
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Betting and lottery services.
Article 9 – The Price
Prices will not increase during the validity period except due to VAT changes.
Variable pricing is allowed for products subject to financial market fluctuations.
Price increases within 3 months after contract conclusion are only allowed if required by law.
According to VAT law, delivery takes place where transport begins. In this case, delivery occurs outside the EU. Import VAT and clearance costs will be charged by the courier to the customer. No VAT is charged by the entrepreneur.
All prices are subject to printing errors. The entrepreneur is not liable for such errors.
Article 10 – Compliance and Warranty
The entrepreneur guarantees that products/services comply with the contract and legal requirements.
Manufacturer warranties do not affect statutory consumer rights.
Defective or incorrectly delivered products must be reported within 14 days.
The warranty does not apply if:
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The consumer modified or repaired the product;
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The product was exposed to abnormal conditions;
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Defects are caused by government regulations on materials.
Article 11 – Delivery and Performance
The entrepreneur will exercise due care in processing orders.
Delivery takes place at the address provided by the consumer.
Orders will be executed promptly, at the latest within 30 days unless otherwise agreed.
If delivery is delayed or impossible, the consumer will be informed within 30 days and may dissolve the contract without cost.
The risk of damage or loss passes to the consumer upon delivery.
Article 12 – Ongoing Transactions
Consumers may terminate indefinite contracts at any time with a maximum notice period of one month.
Fixed-term contracts may be terminated at the end of the term with a maximum notice period of one month.
Automatic renewals are limited as described, and trial subscriptions end automatically.
If a contract lasts longer than one year, the consumer may terminate it after one year with up to one month’s notice.
Article 13 – Payment
Unless otherwise agreed, amounts due must be paid within 7 working days after the cooling-off period begins.
The consumer must immediately report inaccuracies in payment details.
In case of non-payment, the entrepreneur may charge reasonable costs within legal limits.
Article 14 – Complaints Procedure
Complaints must be submitted within 7 days after discovery of defects.
Complaints will be answered within 14 days.
If unresolved, disputes are subject to dispute resolution procedures.
If a complaint is valid, the entrepreneur will replace or repair the product free of charge.
Article 15 – Disputes
Contracts between the entrepreneur and the consumer are exclusively governed by Dutch law, even if the consumer resides abroad.