Terms of Service

Article 1 - Definitions

In these general terms and conditions, the following terms shall have the following meanings:

Return Period: the period within which the customer can exercise their right of return;

Customer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the vendor;

Day: calendar day;

Ongoing Contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

Durable Medium: any means that enables the customer or vendor to store information addressed personally to them in a way that allows for future consultation and unaltered reproduction of the stored information.

Right of Return: the option for the customer to withdraw from the distance contract within the return period;

Vendor: the natural or legal person who offers products and/or services to customers at a distance;

Distance Contract: an agreement whereby, within the framework of a system organized by the vendor for distance selling of products and/or services, exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;

Means of Distance Communication: a method that can be used to conclude a contract, without the customer and vendor being together in the same place at the same time.

General Terms and Conditions: the present general terms and conditions of the vendor.

Article 2 - Applicability

These general terms and conditions apply to every offer from the vendor and to every distance contract and order concluded between the vendor and the customer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the customer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the vendor's premises and that they will be sent free of charge to the customer as soon as possible upon request.

If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the customer electronically in such a way that the customer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the customer's request.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and, in the event of conflicting general terms and conditions, the customer can always invoke the applicable provision that is most favorable to them.

If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these conditions will remain in force for the remainder and the provision in question will be replaced without delay, by mutual agreement, by a provision whose scope approaches that of the original as closely as possible.

Situations not provided for in these general terms and conditions must be assessed "in the spirit" of these general terms and conditions.

Uncertainties regarding the interpretation or content of one or more provisions of our general terms and conditions must be interpreted "in the spirit" of these general terms and conditions.

Article 3 - The Offer

If an offer has a limited period of validity or is subject to conditions, this must be explicitly stated in the offer.

The offer is without obligation. The vendor is entitled to change 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 customer to properly assess the offer. If the vendor uses images, they are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the vendor.

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

Images accompanying the products are a true representation of the products offered. The vendor cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer contains such information that the rights and obligations associated with accepting the offer are clear to the customer. This concerns in particular:

The price, excluding customs clearance costs and import duties/taxes. These additional costs will be for the account and risk of the customer. The postal and/or courier service will apply the special scheme for postal and courier services with regard to importation. This scheme applies when the goods are imported into the country of destination. The postal and/or courier service will collect the applicable taxes (along with any customs clearance fees) from the recipient of the goods;
Any shipping costs;
The manner in which the contract will be concluded and the actions required for this;
Whether or not the right of return applies;
The method of payment, delivery, and performance of the contract;
The deadline for accepting the offer, or the period within which the vendor guarantees the price;
The rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular base rate for the means of communication used;
Whether the contract is archived after its conclusion, and if so, how it can be consulted by the customer;
The way in which the customer, before concluding the contract, can check the data they have provided in the context of the contract and, if desired, rectify it;
Any other languages in which, besides English, the contract can be concluded;
The codes of conduct to which the vendor is subject and the way in which the customer can consult these codes of conduct electronically; and
The minimum duration of the distance contract in the case of an ongoing contract.

Optional: available sizes, colors, types of materials.

Article 4 - The Contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment of acceptance of the offer by the customer and the fulfillment of the conditions stipulated therein.

If the customer has accepted the offer electronically, the vendor will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the vendor, the customer may terminate the contract.

If the contract is concluded electronically, the vendor will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the customer can pay electronically, the vendor will observe appropriate security measures.

The vendor may - within the law - inform itself about the customer's ability to meet their payment obligations, as well as all those facts and factors important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the vendor has good reasons not to conclude the contract, it is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.

The address of the vendor's establishment where the customer can address complaints;
the conditions under which and the manner in which the customer can exercise the right of return, or a clear statement regarding the exclusion of the right of return;
the information about guarantees and existing after-sales service;
the information referred to in Article 4, paragraph 3, of these conditions, unless the vendor has already provided this information to the customer before the execution of the contract;
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 an ongoing contract, the provision in the previous paragraph applies only to the first delivery.

Each contract is entered into under the suspensive condition of sufficient availability of the products concerned.

Article 5 - Right of Return

When purchasing products, the customer has the option to terminate the contract without giving reasons for 14 days. This return period begins on the day after receipt of the product by the customer or a representative previously designated by the customer and made known to the vendor.

During the return period, the customer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to judge whether they wish to keep it. If they exercise their right of return, they will return the product with all accessories supplied and - if reasonably possible - in its original condition and packaging to the vendor, in accordance with the reasonable and clear instructions provided by the vendor.

When the customer wishes to exercise their right of return, they are obliged to make this known to the vendor within 14 days of receiving the product. The customer must notify this by means of a written message/email. After the customer has made known that they wish to exercise their right of return, the customer must return the product within 14 days. The customer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.

If, at the expiry of the periods mentioned in paragraphs 2 and 3, the customer has not made known that they wish to exercise their right of return or has not returned the product to the vendor, the purchase is a fact.

Article 6 - Costs in Case of Return

If the customer exercises their right of return, the costs of returning the goods are for their account.

If the customer has paid an amount, the vendor will refund this amount as soon as possible, but no later than 14 days after the return. The condition is that the product has already been received by the online seller or that conclusive proof of complete return can be provided.

Article 7 - Exclusion of the Right of Return

The vendor can exclude the customer's right of return for products described in paragraphs 2 and 3. The exclusion of the right of return only applies if the vendor 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 return is only possible for products:

that have been created by the vendor in accordance with the customer's specifications;
that are clearly of a personal nature;
that cannot be returned due to their nature;
that spoil or age quickly;
whose price is subject to fluctuations in the financial market over which the vendor has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software of which the customer has broken the seal.
for hygiene products of which the customer has broken the seal.

Exclusion of the right of return is only possible for services:

concerning accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
whose delivery has begun with the express consent of the customer before the return period has expired;
concerning betting and lotteries.

Article 8 - The Price

During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in sales tax rates.

Notwithstanding the previous paragraph, the vendor may offer products or services whose prices are subject to fluctuations in the financial market and over which the vendor has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices are mentioned in the offer.

Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only permitted if the vendor has stipulated this and:

if they are the result of statutory regulations or provisions; or
if the customer has the right to terminate the contract on the day the price increase takes effect.

Prices listed for products do not include any applicable import duties or sales taxes. Following importation, the postal or courier service may collect applicable import duties or sales taxes from the customer. Consequently, these taxes will not be charged by the vendor.

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 vendor is not obliged to deliver the product at the wrong price.

Article 9 - Conformity and Warranty

The vendor guarantees that the products and/or services comply with the contract, the specifications mentioned in the offer, the reasonable requirements of quality and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the vendor also guarantees that the product is suitable for other than normal use.

A warranty provided by the vendor, manufacturer, or importer does not affect the legal rights and claims that the customer can assert against the vendor under the contract.

Any defective or wrongly delivered products must be reported in writing to the vendor within 14 days of delivery. The products must be returned in their original packaging and in new condition.

The vendor's warranty period corresponds to the manufacturer's warranty period. However, the vendor is never responsible for the final suitability of the products for each individual application by the customer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

the customer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties; the delivered products have been exposed to abnormal conditions or have been treated carelessly or contrary to the instructions of the vendor and/or on the packaging; the defect is wholly or partly the result of regulations that the government has established or will establish regarding the nature or quality of the materials used.

Article 10 - Delivery and Execution

The vendor will take the greatest possible care when receiving and executing orders for products.

The place of delivery is the address that the customer has made known to the company.

Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders promptly, but no later than within 30 days, unless the customer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be or can only be partially executed, the customer will be informed of this no later than 30 days after placing the order. In that case, the customer has the right to terminate the contract without costs and the right to possible compensation.

In the event of termination in accordance with the previous paragraph, the vendor will refund the amount paid by the customer as soon as possible, but no later than 14 days after termination.

If delivery of an ordered product proves impossible, the vendor will endeavor to provide a replacement item. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. The right of return cannot be excluded for replacement items. The costs of any return shipment are for the account of the vendor.

The risk of damage and/or loss of products rests with the vendor until the moment of delivery to the customer or a representative previously designated and made known to the vendor, unless expressly agreed otherwise.

Article 11 - Ongoing Contracts: Duration, Termination, and Renewal

Termination

The customer can terminate an indefinite-term contract for the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The customer can terminate a fixed-term contract 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 notice period of no more than one month.

The customer can terminate the contracts mentioned in the previous paragraphs:

at any time and not be limited to termination at a specific time or in a specific period;

at least in the same way as they were entered into by them;

always with the same notice period as the vendor has stipulated for itself.

Renewal

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

Notwithstanding the previous paragraph, a fixed-term contract for the regular delivery of daily, weekly, and news magazines may be tacitly renewed for a fixed term of no more than three months, if the customer can terminate this extended contract at the end of the extension with a notice period of no more than one month.

A fixed-term contract for the regular supply of goods or services may only be tacitly renewed for an indefinite period if the customer can terminate the contract at any time with a notice period of no more than one month and a notice period of no more than three months in the case of a contract for the regular, but less than once a month, delivery of daily, weekly, and news magazines.

A fixed-term contract for the regular delivery of daily, weekly, and news magazines (trial or introductory subscription) is not tacitly renewed and ends automatically at the end of the trial or introductory period.

Duration

If a contract has a duration of more than one year, the customer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 12 - Payment

Unless otherwise agreed, the amounts owed by the customer must be paid within 7 working days after the start of the return period referred to in Article 6, paragraph 1. In the case of a contract for the provision of services, this period begins after the customer has received confirmation of the contract.

The customer has the duty to report inaccuracies in the payment data provided or mentioned to the vendor without delay.

In the event of non-payment by the customer, the vendor has the right, subject to legal restrictions, to charge the customer the reasonable costs that have been communicated to them in advance.

Article 13 - Complaints Procedure

Complaints about the execution of the contract must be submitted to the vendor, fully and clearly described, within 7 days after the customer has discovered the defects.

Complaints submitted to the vendor will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the vendor will respond within the 14-day period with an acknowledgment of receipt and an indication of when the customer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the vendor's obligations, unless the vendor indicates otherwise in writing.

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

Article 14 - Disputes

Contracts between the vendor and the customer to which these general terms and conditions apply are exclusively governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Even if the customer resides abroad.