Terms and Conditions

General Terms and Conditions for Consumers

Table of contents:
Article 1 - Definitions
Article 2 - Identity of the business
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Revoking right
Article 7 - Costs in the event of revocation
Article 8 – Exclusion revoking right
Article 9 - The price
Article 10 – Conformity and Guarantees
Article 11 – Delivery and performance
Article 12 - Continuing transactions: duration, termination and extension
Article 13 - Payment
Article 14 - Complaints policy
Article 15 - Disputes

Article 1 - Definitions
The following definitions are used in these terms and conditions:

  1. Reflection period: the period in which a consumer can exercise his/her revoking right.
  2. Consumer: the individual who does not act in performance of a profession or a company and enters in a long-distance agreement with the business.
  3. Day: calendar day.
  4. Continuing transaction: a long-distance agreement with regard to a series of products and/or services, the delivery and/or purchase obligation is spread in time;
  5. Sustainable data carrier: each means that enables the consumer or business to store information sent personally that person or business in a manner that enables future reference and unaltered reproduction of the stored information.
  6. Revoking right: the possibility for the consumer to cancel the long-distance agreement within the reflection period.
  7. Model form: the model form for revoking which the business makes available to a consumer when he/she wishes to utilise his/her revocation right.
  8. Business: the individual or legal entity offering that/who offers products and/or long-distance services to consumers;
  9. Long-distance agreement: an agreement whereby use can be made of one or multiple means of long-distance communications within the framework of the system organised by the business for the long-distance sale of products and/or services through to the conclusion of the agreement.
  10. Means of long-distance communication: means that can be used for the concluding an agreement within the consumer and the business meeting each other simultaneously in the same space.
  11. General Terms and Conditions: the current General Terms and Conditions of the business.

Article 2 - Identity of the business
Ultra Center Europe B.V.
Greepweg 13
8026RV Zwolle
The Netherlands



Article 3 - Applicability

  1. These general terms and conditions apply to every offer and order made to the business and each concluded long-distance agreement concluded by the business and consumer.
  2. Before the long-distance agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before concluding the long-distance agreement that the general terms and conditions are available at the business and that they will be sent to the consumer upon request and for free as soon as possible.
  3. If the long-distance agreement is concluded electronically, then, in deviation of that stated in the previous sentence, the text of these terms and conditions can be made available electronically in such a way that it can be easily saved by the consumer on a sustainable data carrier. If this is not reasonably possible, it will be indicated before concluding the long-distance agreement that the general terms and conditions can be made available electronically and that they will be sent electronically or otherwise upon the consumer's request at no cost.
  4. In the event that specific product and service terms apply in addition to these general terms and conditions, then that stated in the second and third subsection applies in full and the customer can always invoke the applicable provision that is most favourable to him in the event of conflicting terms.
  5. If one or more provisions of these general terms and conditions are declared fully or partially nullified or removed, then that stated in the remainder of these general terms and conditions and the agreement remains applicable in full, whereby the relevant provision will immediately be replaced by a provision with as similar a content as possible to that intended by the original provision.
  6. Situations not provided for in these general terms and conditions must be assessed in the spirit of these general terms and conditions.
  7. If the extent or content of one or more provisions of our terms and conditions is unclear, these must be explained pursuant to the spirit of these general terms and conditions.

Article 4 - The offer

  1. If an offer has a limited validity period or is made subject to conditions, this is specifically stated in the offer.
  2. The offer is free of obligation. The business is authorised to change and amend the offer.
  3. The offer contains a complete and detailed description of the products and/or services offered. The description is sufficiently detailed in order to enable the consumer to make a good assessment of that offered. When the business uses images, these provide a truthful reflection of the products and/or services offered. Apparent errors or apparent mistakes in the offer are not binding for the business.
  4. All the images, specifications and details in the offer are indicative and cannot give rise to payment of damages or dissolution of the agreement.
  5. The images provided with products are a truthful rendering of the products offered. However, the business cannot guarantee that the colours shown are exactly identical to the real colours of the products.
  6. Each offer contains information to such an extent that it is clear to the consumer what the rights and obligations involved with the acceptance of the offer are. This specifically includes:
    o the price including taxes;
    o any delivery costs;
    o the method by which the agreement will be concluded and which activities are required;
    o the applicability of the right of withdrawal or not;
    o the payment method, delivery and performance of the agreement;
    o the period for the acceptance of the offer, or the period during which the business guarantees the price;
    o the height of the fee for long-distance communication if the costs for using the means of long-distance communications are calculated on a different basis than the normal basic fee for the means of communications used;
    o whether the agreement is filed after having been concluded and if so how it can be viewed by the consumer;
    o the way in which the consumer, before concluding the agreement, can check the information provided as part of the agreement and change if needed;
    o any language, other than Dutch, the agreement can be concluded in;
    o the codes of conduct to which the business is subject and the way in which the consumer can consult these codes of conduct electronically; and
    o the minimum duration of the long-distance agreement in the event of a continuing transaction.

Article 5 - The agreement

  1. The agreement will be concluded, subject to that stated in subsection 4, the moment the consumer accepts the offer and complies with the terms and conditions stated therein.
  2. If the customer has accepted the offer electronically, the business immediately confirms the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the business, then the consumer can dissolve the agreement.
  3. If the agreement is concluded electronically, the business will take suitable technical and organisational measures to secure the electronic transfer of data and will arrange a safe web environment. If the consumer can pay electronically, the business will take suitable safety measures in this respect.
  4. The business can legally obtain information to determine whether the customer can meet his payment obligations, as well as all the facts and factors that are important in order to enter into the long-distance agreement responsibly. If the business has good grounds on the basis of this investigation not to enter into the agreement, it is justified to substantively refuse the order or request or to attach special conditions to the performance, such as payment in advance.
  5. The business will save the following information with the product or service provided to the consumer in writing or in such a manner that the consumer can save it accessibly on a sustainable data carrier:
    a. the visiting address of the branch of the business which the consumer can contact in the event of complaints;
    b. the terms and conditions subject to which and the manner in which the consumer can utilise the right of withdrawal or a clear notification stating that the exclusion of the right of withdrawal;
    c. information on guarantees and services provided after the purchase;
    d. the information contained in article 4 subsection 3 of these terms and conditions, unless the business has already provided this information to the consumer before performing the agreement;
    e. the conditions for termination of the agreement if the agreement has a duration of more than one year or applies for an indefinite period.
    6. In the event of a continuing transaction that stated in the previous subsection only applies to the first delivery.
    7. Each agreement is entered into subject to the suspensive conditions of sufficient availability of the relevant products.

Article 6 - Revoking right
Upon the supply of products:

  1. Upon purchasing products the consumer has the option to dissolve the agreement within 14 days without stating the reason thereof. This reflection period commences the day after the product is received by the consumer or a representative previously introduced by the consumer and notified to the business.
  2. During the reflection period the consumer will handle the product and the packaging with care. The consumer will only unpack or use the product to such an extent as is required in order to assess whether he wishes to keep the product. If he utilises his right of withdrawal, he will return the product with all the supplied accessories and - if reasonably possible - in the original condition and packaging, pursuant to the reasonable and clear instruction provided by the business.
  3. When the consumer wishes to exercise his/her right to revoke, he must inform the business thereof within 14 days upon receipt of the product. The consumer must do so by way of the model form. After the consumer has indicated that he/she wishes to exercise his/her revoking right, the customer must return the product within 14 days. The consumer must prove that the supplied goods have been returned on time by providing a delivery note.
  4. If the customer fails to notify the business that he/she wishes to exercise his revoking right or has failed to return the product to the business, the purchase is final.
    Upon the providing of services:
  5. Upon the providing of services, the consumer has the option to dissolve the agreement without stating the reason thereto during at least fourteen (14) days, commencing the date the agreement is entered into.
  6. In order to exercise his right of withdrawal, the consumer will act in accordance with the reasonable and clear instructions provided by the business upon making the offer and/or no later than upon delivery.

Article 7 - Costs in the event of revocation

  1.  If the consumer exercises his right to revoke, then no more than the costs for the returning of the products are payable by the consumer.
  2. If the consumer has paid an amount, the business will repay this amount as soon as possible, but no later than within 14 days after the revoking of the products. This is subject to the condition that the product has been received by the web shop or conclusive evidence of the complete returned delivery of the products can be submitted.

Article 8 – Exclusion revoking right

  1. The business can exclude the revoking right of the consumer for the products described in subsection 2 and 3. The exclusion right of withdrawal, but only if the supplier has clearly indicated this in the offer, at least in time before concluding the agreement.
  2. The exclusion of the right of withdrawal is only possible in respect of products for:
    a. products that have been brought about by the business in accordance with the specifications of the consumer;
    b. products that are clearly personal in nature;
    c. products that cannot be returned due to their nature;
    d. products that can perish or age quickly;
    e. products of which the price is linked to the fluctuations on the financial market over which the business has no control;
    f. single newspapers and magazines;
    g. audio and video recordings and computer software of which the consumer has broken the seal.
    h. for hygienic products of which the consumer has broken the seal.
    3. The exclusion of the right of withdrawal is only possible in respect of services:
    a. with regard to accommodation, transport, restaurant or leisure activities which need to take place on a certain date or during a certain period;
    b. which have commenced with the explicit permission of the consumer before the reflection period has ended;
    c. concerning bets and lotteries.

Article 9 - The price

  1. During the validity duration stated in the offer, the prices of the offered products and/or services are not raised, notwithstanding price changes as a result of a change in the VAT rates or other statutory regulations or provisions.
  2. In deviation of the preceding subsection the companies can offer products and services of which the prices are subject to financial market price fluctuations and over which the business has no control at variable prices. This link to the fluctuations and the fact that any prices stated are indicative prices are stated in the offer.
  3. Price increases within three months after the concluding of the agreement are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases after three months after the concluding of the agreement are only permitted if the business has agreed this and:
    a. these result from statutory regulations or provisions; or
    b. the consumer has the authority to terminate the agreement the moment the price increase takes effect.
  5. The prices of the products and services listed in the offer are including VAT.
  6. All the prices are subject to the reservation of misprints or mistakes. No responsibility is accepted for the consequences of misprints or mistakes. In the event of misprints or mistakes, the business is not complied to deliver the product for the incorrect price.

Article 10 – Conformity and Guarantees

  1. The business guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable conditions of reliability and/or usability and the legal provisions and/or government requirements as they apply on the date on which the agreement is concluded. If agreed, the business also guarantees that the product is suitable for uses other than normal use.
  2. A guarantee provided by the business, manufacturer or importer does not withstand the legal rights and claims the customer already has and can invoke on the basis of the agreement.
  3. Any failures or incorrectly delivered products must be reported to the business in writing within seven (7) days after delivery. The products must be returned in the original packaging and must be as new.
  4. The guarantee period of the business is identical to the factory guarantee period. However, the business is never responsible for the ultimate suitability of the products for each individual use by the consumer, nor for any advice with regard to the use or the application of the products.
  5. The guarantee does not apply if:
    o The consumer has repaired and/or changed the delivered product or has this done by third parties.
    o The delivered products have been exposed to abnormal circumstances or were otherwise treated carelessly or contrary to the instructions of the business and/or on the packaging.
    o The failure is partially or fully the result of legal requirements of the government, now and in future, with regard to the nature or the quality of the materials applied.

Article 11 – Delivery and performance

  1. The business will take the utmost care when receiving and processing product orders and assessing requests for the providing of services.
  2. The place of delivery is the address the consumer provided to the business.
  3. With due observance of that stated in this respect in subsection 4 of this article, the business will perform the accepted orders with suitable speed but no later than within 30 days unless the consumer has agreed with a longer delivery period. If the delivery is delayed or if an order cannot or cannot fully be completed, the consumer will be informed within no later than 30 days of placing the order. In that case the consumer is entitled to dissolve the agreement at no cost. The consumer has no right to payment of damages.
  4. All the delivery times are indicative. The consumer cannot derive any rights from the stated periods. Exceeding a period does not entitle the consumer to payment of damages.
  5. In the event of dissolution pursuant to subsection 3 of this article the business will repay the amount the consumer paid as soon as possible, but no later than within 14 days after dissolution.
  6. If the delivery of an ordered product appears to be impossible, the business will do its utmost to make a replacement article available. No later than upon delivery a notification will be provided in a clear and understandable manner that a replacement article will be supplied. Upon replacing articles the right of withdrawal cannot be excluded. The costs of any returned delivery are payable by the business.
  7. The risk of damage and/or loss of products is held by the business until the moment of delivery to the consumer or an authorised representative as indicated in advance and informed to the business, unless otherwise has explicitly been agreed.

Article 12 - Continuing transactions: duration, termination and extension
Termination

  1. The consumer can always terminate an agreement for the regular delivery of products (including electricity) or services entered into for an indefinite period with due observance of the agreed termination rules and a termination period of no more than one month.
  2. The consumer can always terminate an agreement for the regular delivery of products (including electricity) or services entered into for an definite period towards the end of a definite period with due observance of the agreed termination rules and a termination period of no more than one month.
  3. In the event of the agreements listed in the preceding subsections, the consumer can:
    o always terminate the agreements and cannot be limited to the termination on a certain time or in a certain period;
    o at least terminate in the same way as the agreement was entered into by the consumer;
    o always terminate with the same termination period as the business has agreed for itself.
    Extension
  4. An agreement entered into for a certain period and is concluded for the regular delivery of products (including electricity) or services, cannot be extended automatically or renewed for a definite period.
  5. In deviation of the preceding subsection an agreement entered into for a definite period for the regular delivery of daily, news and weekly papers and magazines can be extended automatically for a definite period of time of no more than three months if the consumer can terminate this extended agreement towards the end of the extension with a termination period of no more than one month.
  6. An agreement entered into for a definite period and that concerns the regular delivery of products or services can only be extended automatically for an indefinite period if the consumer is given the opportunity to terminate the agreement with a termination period of no more than one month and with a termination period of no more than three months if the agreement involves regular delivery of daily, news and weekly magazines/papers but less than once a month.
  7. An agreement with an indefinite period for the regular introductory delivery of daily, news and weekly papers and magazine (trial or introduction subscription) is not automatically extended and is automatically extended after the termination of the trial or introduction period.
    Duration
  8. If an agreement has a duration of more than one year, the consumer can terminate the agreement at any time after one year with a termination period of no more than one month unless reason and fairness are opposed to the termination before the end of the agreed duration.

Article 13 - Payment

  1.  Insofar not otherwise agreed, the consumer must pay the amounts due within 7 days after entering into the reflection period referred to in article 6 subsection 1. In the event of an agreement for the providing of a service, this period commences after the consumer has received a confirmation of the agreement.
  2. The consumer has the duty to immediately notify the business of inaccuracies in the provided or stated payment details.
  3. In the event of non-payment of the consumer and notwithstanding legal limitations, the business has the right to invoice reasonable costs of which the business will inform the consumer beforehand.

Article 14 - Complaints policy

  1.  The business has a sufficiently notified complaints procedure and processes the complaint pursuant to this complaints procedure.
  2. Complaints about the performance of the agreement must be fully and clearly submitted to the business within seven (7) days, after the consumer's detection of the failures.
  3. The complaints submitted to the business within a period of 14 days calculated as of the date of receipt. If a compliant requires a foreseeable longer period, then the business will send a response within the period of fourteen days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
  4. If the complaint cannot be settled amicably, then a dispute arises that is eligible for the dispute regulation.
  5. A complaint will not suspend the obligations of the business, unless the business states otherwise in writing.\
  6. If a complaint is considered valid by the business, the business will at its discretion replace or repair the delivered products at no cost.

Article 15 - Disputes

  1.  All the agreements concluded by the business and the consumer which are subject to these general terms and conditions are exclusively governed by Dutch law. Also if the consumer resides abroad.
  2. The applicability of the Vienna Sales Convention is excluded.