Terms of service

 

Table of Contents

Article 1 - Definitions
Article 2 - Identity of the Entrepreneur
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 Guarantee
Article 11 - Delivery and Execution
Article 12 - Long-term Transactions: Duration, Termination, and Extension
Article 13 - Payment
Article 14 - Complaints Procedure
Article 15 - Disputes
Article 16 - Intellectual Property
Article 17 - Additional or Deviating Provisions

Article 4 - The Offer

1. If an offer has a limited validity or is subject to conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer. The offer contains a complete and accurate description of the products and/or services offered.
3. The description is detailed enough to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images, specifications, and data in the offer are indicative and cannot be a basis for compensation or dissolution of the agreement.
5. Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
6. Each offer contains information in such a way that it is clear to the consumer what the rights and obligations are that are associated with the acceptance of the offer. This concerns, in particular:

• The price excluding taxes;
• Any shipping costs;
• How the agreement will be concluded and what actions are required for this;
• Whether or not the right of withdrawal applies;
• The method of payment, delivery, and performance of the agreement;
• The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
• The amount of the rate for distance communication if the costs of using the distance communication technique are calculated on a basis other than the regular basic rate for the used communication medium;
• Whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
• How the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
• Any other languages in which, in addition to Dutch, the agreement can be concluded;
• The codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
• The minimum duration of the distance agreement in the case of a long-term transaction.

Article 5 - The Agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set for this.
2. If the consumer has accepted the offer electronically, the entrepreneur immediately confirms the receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed this acceptance, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this.
4. The entrepreneur can - within legal frameworks - inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request, or to attach special conditions to the execution.
5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

• The visiting address of the entrepreneur's business location where the consumer can go with complaints;
• The conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• Information about guarantees and existing after-sales service;
• The information as referred to in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
• The requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.

6. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
7. Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 - Right of Withdrawal

For the delivery of products:

1. When purchasing products, the consumer has the option to dissolve the agreement without giving any reasons for 14 days. This cooling-off period starts on the day after the consumer receives the product or a pre-designated representative made known to the entrepreneur.
2. During the cooling-off period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all supplied accessories and, if reasonably possible, in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the customer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receiving the product. The customer must make this known by means of the model form or by means of another communication method such as email. After the customer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
4. If the customer has not indicated that he wishes to make use of his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

For the delivery of services:

1. With the delivery of services, the consumer has the option to dissolve the agreement without giving any reasons for at least 14 days, starting on the day of entering into the agreement.
2. To exercise his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest upon delivery.

Cancellation before shipment

1. The entrepreneur aims to process orders as quickly as possible. In most cases, an order is processed and shipped within 1 to 2 working days.
2. As long as an order has not yet been processed or shipped, the consumer may request a cancellation. In such a case, the entrepreneur will refund the full order amount within 14 days using the same payment method that was originally used by the consumer.
3. If the order has already been processed or shipped, cancellation is no longer possible. In that case, the consumer may exercise the right of withdrawal as described in Article 6. The product must then be returned within 14 days of receipt in accordance with the return policy.

Article 7 - Costs in Case of Withdrawal

1. If the consumer exercises his right of withdrawal, the maximum cost of return shipping will be at his expense. 2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 10 days after withdrawal. The condition is that the product has already been received by the online retailer or conclusive evidence of complete return shipment can be provided. The refund will be made using the same payment method used by the consumer unless the consumer expressly gives permission for another payment method.
3. In the event of damage to the product 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 entrepreneur has not provided all legally required information about the right of withdrawal, which must be done before concluding the purchase agreement.

Article 8 - Exclusion of the Right of Withdrawal

1. The entrepreneur can 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 entrepreneur has clearly stated this in the offer, or at least in a timely manner before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:

• That are made to the consumer's specifications by the entrepreneur;
• That are clearly of a personal nature;
• That cannot be returned due to their nature;
• That can spoil or age quickly;
• Whose price is tied to fluctuations in the financial market that the entrepreneur has no influence on;
• For loose newspapers and magazines;
• For audio and video recordings and computer software that the consumer has unsealed;
• For hygienic products that the consumer has unsealed.

3. Exclusion of the right of withdrawal is only possible for services:

• Concerning accommodation, transport, restaurant business, or leisure activities to be carried out on a specific date or during a specific period;
• Whose delivery has started with the express consent of the consumer before the cooling-off period has expired;
• Concerning bets and lotteries.

Article 9 - The Price

1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence with variable prices. This dependence on fluctuations and the fact that any prices mentioned are indicative will be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

• They are the result of legal regulations or provisions; or
• The consumer has the authority to terminate the agreement on the day the price increase takes effect.

5. The prices stated in the offer for products or services exclude VAT.
6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Guarantee

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for normal use other than normal use.
2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's legal rights and claims based on the agreement.
3. The legal warranty applies to all products. The duration of the legal warranty may vary based on the nature of the product.
4. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of discovery.

5. The warranty does not apply if:

• The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
• The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the entrepreneur's instructions and/or treated on the packaging;
• The defect is wholly or partially the result of regulations that the government has or will impose on the nature or quality of the materials used.

Article 11 - Delivery and Execution

1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is China, regardless of the delivery address provided by the consumer.
3. Taking into account what is stated about this in paragraph 4 of this article, the company will execute accepted orders with due speed but at least within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed or if an order cannot be or can only be partially executed, the consumer will be notified of this 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 any stated terms. Exceeding a term does not entitle the consumer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 10 days after dissolution.
6. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. At the latest upon delivery, it will be clearly and understandably communicated that a replacement item is being provided. For replacement items, the right of withdrawal remains applicable. The costs of any return shipment are to be borne by the consumer.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and made known representative of the entrepreneur, unless expressly agreed otherwise.
8. Responsibility for Import Duties and VAT: The courier company or the customer is fully responsible for paying any import duties, VAT, and other related charges upon receipt of the goods. The webshop is exempt from charging VAT to customers and does not bear responsibility for these costs.
9. Delivery and Shipping: The goods are shipped directly from a third country (China), which is considered the place of delivery. The webshop does not handle the import of the goods into the Netherlands or Belgium. The supplier only issues the shipping order to the courier service and has no involvement whatsoever regarding the import.
10. Risk of Delay or Additional Costs: The customer is advised that delays or additional charges, such as customs fees, may occur during the importation of goods. These costs and risks are entirely the responsibility of the customer.

Article 12 - Duration Transactions: Duration, Termination, and Renewal

Termination

1. The consumer can terminate an agreement for an indefinite period, which aims at the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of up to one month.

2. The consumer can terminate an agreement for a definite period, which aims at the regular delivery of products (including electricity) or services, at any time at the end of the agreed period, observing the agreed termination rules and a notice period of up to one month.

3. The consumer can terminate the agreements mentioned in the previous paragraphs:

• At any time and is not limited to termination at a specific time or during a specific period.
• Terminate at least in the same way as they were entered into.
• Always terminate with the same notice period as the entrepreneur has stipulated for himself.

Renewal

1. An agreement concluded for a definite period and which aims at the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite duration.

2. Contrary to the previous paragraph, an agreement for a definite period concluded for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a specified duration of up to three months if the consumer can terminate this renewed agreement at the end of the renewal period with a notice period of up to one month.

3. An agreement concluded for a definite period and which aims at the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate it at any time with a notice period of up to one month and a notice period of up to three months if the agreement aims at the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

4. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly renewed 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 terminate the agreement at any time with a notice period of up to one month after one year, unless reasonableness and fairness oppose termination before the agreed duration ends.

Article 13 - Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as 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 the confirmation of the agreement.
2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
3. In the event of consumer default, the entrepreneur, subject to legal restrictions, has the right to charge the reasonable costs previously communicated to the consumer.

Article 14 - Complaints Procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

2. Complaints about the execution of the agreement must be submitted to the entrepreneur within 2 months, fully and clearly described, after the consumer has discovered the defects.

3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.

4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement procedure.

5. In case of complaints, the consumer must first contact the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and complaints that cannot be resolved in mutual consultation, the consumer must contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate for free. Check if this webshop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the option to have the complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur. The decision of this committee is binding, and both the entrepreneur and the consumer agree to this binding decision. There are costs associated with submitting a dispute to this disputes committee, which the consumer must pay to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).

6. A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.

7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

1. On agreements between the entrepreneur and the consumer to which these general terms and conditions apply, only Dutch law applies, even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

Article 16 - Intellectual Property

All content on the SMARTSPORTER website, including but not limited to images, texts, product titles, logos, layout, and other materials, is the property of IONAX GROUP B.V. and is protected by copyright and trademark rights. It is expressly prohibited to copy, reproduce, distribute, or use any part of this website in any way without the written permission of IONAX GROUP B.V. In the event of a violation of this provision, a formal notice by registered mail will be sent, followed by appropriate legal action to enforce the rights of IONAX GROUP B.V.

Article 17 - 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 laid down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.