General terms and conditions
Article 1 - Definitions
In these Terms and Conditions, the following definitions apply:
Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
Consumer: a natural person who is not acting for professional or business purposes and who enters into a distance contract with an entrepreneur;
Day: calendar day;
Continuous contract: a distance contract covering several products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: any means that enables a consumer or entrepreneur to store personally targeted information in a way that can be retrieved and reproduced unchanged at a later date.
Right of withdrawal: the consumer's right to cancel a distance contract within the withdrawal period;
Entrepreneur: a natural or legal person who offers products and/or services to consumers through distance selling;
Distance contract: a contract concluded in a distance selling system organised by the entrepreneur, using one or more means of distance communication until the conclusion of the contract;
Means of distance communication: means that can be used to conclude a contract without the consumer and the entrepreneur being in the same place at the same time.
General terms and conditions: the entrepreneur's current general terms and conditions.
Article 2 - Identity of the entrepreneur
Company name: ABA Commerce
Trade registration number: 96000872
Business name: ABA Commerce
VAT number: NL005179351B40
Customer service email address: Support@feeco-helsinki.com
Article 3 - Scope
These general terms and conditions apply to all offers from the entrepreneur and all distance contracts and orders made between the entrepreneur and the consumer.
Before concluding a distance contract, the text of the general terms and conditions must be provided to the consumer. If this is not reasonably possible, before concluding a distance contract, it shall be announced that the terms and conditions can be viewed at the entrepreneur's premises and will be sent to the consumer free of charge as soon as possible upon request.
If a distance contract is concluded electronically, the text of these general terms and conditions shall be provided to the consumer electronically in such a way that the consumer can save it on a durable medium. If this is not possible, before the contract is concluded, it shall be stated where the terms and conditions are available electronically and that they shall be sent to the consumer electronically or otherwise free of charge upon request.
If special product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and in the event of a conflict, the consumer may rely on the most favorable terms and conditions.
Article 4 - Offer
If the offer is valid for a limited time or is subject to conditions, this must be clearly stated in the offer.
The offer is not binding on the entrepreneur, and he has the right to change and adapt the offer.
The offer must contain a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a correct assessment of the offer. If the entrepreneur uses images, they show the actual products or services. Obvious errors do not bind the entrepreneur.
All images and information in the offer are for reference only and no rights can be derived from them.
The offer includes information that helps the consumer understand the rights and obligations associated with accepting the offer, such as:
- Price, excluding customs duties and import taxes;
- Shipping costs;
- Conclusion of the contract and the necessary steps;
- Whether the right of withdrawal applies or not;
- Payment method, delivery and contract fulfillment;
- Offer validity period;
- Possible additional costs for remote communication if they differ from the normal fee;
- Archiving the contract and its availability to the consumer;
- The language in which the contract can be concluded;
- The operating methods to which the entrepreneur is committed and their availability.
Article 5 - Conclusion of the Agreement
The contract enters into force when the consumer accepts the offer and fulfills its terms.
If the consumer accepts the offer electronically, the entrepreneur must confirm receipt electronically without delay.
If the contract is concluded electronically, the entrepreneur must ensure data security and a protected environment.
The entrepreneur may, within the limits permitted by law, check whether the consumer can meet his payment terms. If the entrepreneur has reason to refuse the contract, he may refuse the order or attach special terms to it.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the right to cancel the contract without giving any reason within 14 days. The cancellation period begins on the day on which the consumer or his authorized representative receives the product.
During the withdrawal period, the consumer shall handle the product and its packaging with care. He shall open or use the product only to the extent necessary to assess his desire to keep the product. If he exercises his right of withdrawal, he shall return the product with all accessories and - if possible - in its original condition and packaging in accordance with the reasonable instructions given by the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he must notify the entrepreneur within 14 days of receiving the product. The consumer can do this by written notification/email. After this, the consumer must return the products within 14 days. The consumer can prove that the products were returned on time, e.g. by sending.
Article 7 - Costs in the event of cancellation
If the consumer exercises their right of withdrawal, they must pay the costs of returning the product.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This requires that the product has been returned to the entrepreneur or that clear proof of return can be provided.
Article 8 - Exclusion of the right of withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for products described in sections 2 and 3. Exclusion of the right of withdrawal is only possible if the entrepreneur has clearly stated this in the offer, at least well in advance of the conclusion of the contract.
The right of withdrawal cannot be applied to products that:
- is manufactured by the entrepreneur according to the consumer's specifications;
- are clearly personal;
- are not returnable due to their nature;
- may deteriorate or become obsolete quickly;
- whose price fluctuates on financial markets, which the entrepreneur cannot influence;
- individual newspapers and magazines;
- products and software on audio and video tapes if the consumer has broken the seal.
Article 9 - Price
The prices of products and/or services offered during the validity period stated in the offer will not be increased, unless they are affected by changes in the VAT rate.
However, the price may vary depending on market fluctuations. This must be stated in the offer.
A price increase within 3 months of concluding the contract is only permitted if it is due to legislation.
Article 10 - Compatibility and Warranty
The entrepreneur guarantees that the products and/or services are in accordance with the contract, meet the specifications of the offer and comply with applicable legislation.
The warranty does not limit the consumer's statutory rights.
Defective or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery.
Article 11 - Delivery and fulfillment
The entrepreneur is careful in receiving and fulfilling orders.
The place of delivery is the address provided by the consumer.
The entrepreneur will fulfill accepted orders within 30 days, unless the consumer has agreed to a longer delivery time. If delivery is delayed, the consumer will be notified within 30 days of placing the order, at which time the consumer has the right to cancel the contract without costs.
Article 12 - Enduring contracts: duration, cancellation and renewal
The consumer may cancel any contract for the regular delivery of products (including electricity) or services at any time, with a maximum notice period of one month.
Article 13 - Payment
The consumer is obliged to pay the due payments within 7 business days after the cooling-off period begins. This time limit starts from the moment the consumer has received confirmation of the contract.
Article 14 - Complaints procedure
Complaints regarding the fulfillment of the contract must be submitted to the entrepreneur within 7 days of discovering the errors.
Article 15 - Disputes
Only Dutch law applies to contracts between an entrepreneur and a consumer.
Article 16 - CESOP
Payment service providers can store data in the CESOP system in accordance with the Payment Services Directive.
