Table of contents Article 1 - Definitions

Article 2 - Identity of the trader

Article 3 - Applicability

Article 4 - The offer

Article 5 - The agreement

Article 6 - Right of withdrawal

Article 7 - Costs in the event of withdrawal

Article 8 - Exclusion of the right of withdrawal

Article 9 - The price

Article 10 - Conformity and warranty

Article 11 - Delivery and performance

Article 12 - Continuing performance transactions: duration, cancellation and renewal

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

Article 16 - Additional or differing provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. Cooling-off period: the period within which the consumer may exercise their right of withdrawal; Read all about the cooling-off period

2. Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the trader;

3. Day: calendar day;

4. Continuing performance transaction: a distance contract relating to a series of products and/or services, the obligation to deliver and/or purchase which is spread over time;

5. Durable medium: any means enabling the consumer or trader to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.

6. Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;

7. Model form: the model withdrawal form made available by the trader which a consumer may complete when they wish to exercise their right of withdrawal.

8. Trader: the natural or legal person who offers products and/or services to consumers at a distance;

9. Distance contract: a contract in which, within the framework of a system organised by the trader for distance selling of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract;

10. Technique for distance communication: a means that can be used to conclude a contract without the consumer and trader being in the same room at the same time.

11. Terms and Conditions: these Terms and Conditions of the trader.

Article 2 - Identity of the trader

Axiom Pronet

Simon Stevinweg 39

6827BS Arnhem The Netherlands

T (026) 364-6129

E info@axiompronet.nl Chamber of Commerce 61040517

VAT number NL854177693B01

Article 3 - Applicability

1. These terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.

2. Before the distance contract is concluded, the text of these terms and conditions is made available to the consumer. If this is not reasonably possible, it will be stated before the distance contract is concluded that the terms and conditions may be inspected at the trader's premises and that they will be sent free of charge as soon as possible at the consumer's request.

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

4. In the event that specific product or service conditions apply in addition to these terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favourable to them.

5. If one or more provisions of these terms and conditions are at any time wholly or partly void or annulled, the contract and these terms and conditions will otherwise remain in force and the provision concerned will be replaced without delay, by mutual agreement, by a provision that approximates the purport of the original as closely as possible.

6. Situations not covered by these terms and conditions must be assessed 'in the spirit' of these terms and conditions.

7. Any lack of clarity about the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these terms and conditions.

Article 4 - The offer

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

2. The offer is without obligation. The trader is entitled to change and amend the offer.

3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to assess the offer properly. If the trader uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the trader.

4. All images and specification details in the offer are indicative and cannot give rise to compensation or dissolution of the contract.

5. Images accompanying products are a truthful representation of the products offered. The trader cannot guarantee that the colours shown correspond exactly to the real colours of the products.

6. Every offer contains such information as makes it clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:

o the price including taxes;

o any shipping costs;

o the manner in which the contract will be concluded and what actions are required for this;

o whether or not the right of withdrawal applies; o the method of payment, delivery and performance of the contract;

o the period for accepting the offer, or the period within which the trader guarantees the price;

o the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;

o whether the contract is archived after conclusion and, if so, how the consumer can consult it;

o the way in which the consumer can check and, if desired, correct the details they have provided under the contract before the contract is concluded;

o any other languages, besides Dutch, in which the contract may be concluded;

o the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and

o the minimum duration of the distance contract in the case of a continuing performance transaction.

Article 5 - The agreement

1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions attached to it.

2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.

3. If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will provide a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures to that end.

4. The trader may - within the limits of the law - inform themselves as to whether the consumer is able to meet their payment obligations, as well as of all facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the contract, they are entitled to refuse an order or request with reasons, or to attach special conditions to its performance.

5. The trader will send the consumer the following information with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

o the visiting address of the trader's establishment where the consumer can go with complaints; o the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;

o information about warranties and existing after-sales service;

o the details included in article 4 paragraph 3 of these terms and conditions, unless the trader has already provided these details to the consumer before performance of the contract;

o the requirements for cancelling the contract if the contract has a duration of more than one year or is of indefinite duration.

6. In the case of a continuing performance transaction, the provision in the previous paragraph applies only to the first delivery.

7. Every contract is entered into subject to the condition precedent of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

Where products are delivered:

1. When purchasing products, the consumer has the option of dissolving the contract without giving reasons for a period of 14 days. This cooling-off period starts on the day after the product is received by the consumer or by a representative designated in advance by the consumer and made known to the trader.

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

3. If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the trader of this within 14 days of receiving the product. The consumer must give notice using the model form or by means of another means of communication such as email. After the consumer has given notice that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods delivered were returned in good time, for example by means of proof of dispatch.

4. If the customer has not given notice that they wish to exercise their right of withdrawal, or has not returned the product to the trader, after expiry of the periods referred to in paragraphs 2 and 3, the purchase is a fact.

Where services are supplied:

1. Where services are supplied, the consumer has the option of dissolving the contract without giving reasons for a period of at least 14 days, starting on the day the contract is entered into.

2. To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader with the offer and/or at the latest on delivery.

Article 7 - Costs in the event of withdrawal

1. If the consumer exercises their right of withdrawal, they will bear at most the costs of returning the goods.

2. If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be produced. Refunds will be made using the same payment method used by the consumer, unless the consumer expressly consents to a different payment method.

3. If the product is damaged through careless handling by the consumer themselves, the consumer is liable for any diminished value of the product.

4. The consumer cannot be held liable for any diminished value of the product if the trader has not provided all legally required information about the right of withdrawal; this must be done before the purchase agreement is concluded.

Article 8 - Exclusion of the right of withdrawal

1. The trader may 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 trader has clearly stated this in the offer, or at least in good time before the contract is concluded.

2. Exclusion of the right of withdrawal is only possible for products:

o which have been produced by the trader in accordance with the consumer's specifications;

o which are clearly personal in nature;

o which by their nature cannot be returned;

o which can spoil or age quickly;

o whose price is tied to fluctuations on the financial market over which the trader has no influence;

o for individual newspapers and magazines;

o for audio and video recordings and computer software whose seal the consumer has broken;

o for hygiene products whose seal the consumer has broken.

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

o concerning accommodation, transport, catering or leisure activities to be provided on a specific date or during a specific period;

o the supply of which has begun with the consumer's express consent before the cooling-off period has expired;

o concerning betting and lotteries.

Article 9 - The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

2. By way of derogation from the previous paragraph, the trader may offer products or services at variable prices where the prices are tied to fluctuations on the financial market over which the trader has no influence. This link to fluctuations and the fact that any prices stated are target prices will be mentioned in the offer.

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

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

o they are the result of statutory regulations or provisions; or

o the consumer is entitled to cancel the contract with effect from the day on which the price increase takes effect.

5. The prices stated in the offer of products or services include 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 trader is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and warranty

1. The trader warrants that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations in force on the date the contract was concluded. If agreed, the trader also warrants that the product is suitable for other than normal use.

2. A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the trader under the contract.

3. Any defects or incorrectly delivered products must be reported to the trader in writing within 2 months of discovering the defect.

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

5. The warranty does not apply if:

o the consumer has repaired and/or modified the products delivered themselves, or has had them repaired and/or modified by third parties;

o the products delivered have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the trader's instructions and/or the instructions on the packaging;

o the defectiveness is wholly or partly the result of regulations that the government has laid down or will lay down regarding the nature or quality of the materials used.

Article 11 - Delivery and performance

1. The trader will exercise the greatest possible care when receiving and performing orders for products and when assessing requests for the provision of services.

2. The place of delivery is the address the consumer has made known to the company.

3. Subject to what is stated in paragraph 4 of this article, the company will perform accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be performed or can only be performed in part, 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 contract free of charge. The consumer is not entitled to compensation.

4. All delivery periods are indicative. The consumer cannot derive any rights from any periods stated. Exceeding a period does not entitle the consumer to compensation.

5. In the event of dissolution in accordance with paragraph 3 of this article, the trader will refund the amount the consumer has paid as soon as possible, but no later than 14 days after dissolution.

6. If delivery of an ordered product proves to be impossible, the trader will endeavour to make a replacement item available. At the latest on delivery, it will be stated clearly and comprehensibly that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the trader.

7. The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or to a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 - Continuing performance transactions: duration, cancellation and renewal Cancellation

1. The consumer may at any time cancel a contract entered into for an indefinite period for the regular delivery of products (including electricity) or services, observing the cancellation rules agreed for this purpose and a notice period of no more than one month.

2. The consumer may at any time cancel a contract entered into for a fixed period for the regular delivery of products (including electricity) or services with effect from the end of the fixed term, observing the cancellation rules agreed for this purpose and a notice period of no more than one month.

3. The consumer may, with regard to the contracts referred to in the previous paragraphs:

o cancel them at any time and not be restricted to cancellation at a particular time or during a particular period;

o cancel them at least in the same way as they were entered into; o always cancel them with the same notice period as the trader has stipulated for themselves.

Renewal

1. A contract entered into for a fixed period for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.

2. By way of derogation from the previous paragraph, a contract entered into for a fixed period for the regular delivery of daily, news and weekly papers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer can cancel this renewed contract with effect from the end of the renewal with a notice period of no more than one month.

3. A contract entered into for a fixed period for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month, and a notice period of no more than three months where the contract is for the regular delivery, but less than once a month, of daily, news and weekly papers and magazines.

4. A contract of limited duration for the regular introductory delivery of daily, news and weekly papers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

1. If a contract has a duration of more than one year, the consumer may, after one year, cancel the contract at any time with a notice period of no more than one month, unless reasonableness and fairness preclude cancellation before the end of the agreed term.

Article 13 - Payment

1. Unless agreed otherwise, the amounts owed by the consumer must be paid within 7 working days of the start of the cooling-off period referred to in article 6 paragraph 1. In the case of a contract for the provision of a service, this period starts after the consumer has received confirmation of the contract.

2. The consumer has a duty to report any inaccuracies in payment details provided or stated to the trader without delay.

3. In the event of non-payment by the consumer, the trader has the right, subject to statutory restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure

1. The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.

2. Complaints about the performance of the contract must be submitted to the trader, fully and clearly described, within 2 months after the consumer has identified the defects.

3. Complaints submitted to the trader are answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will reply within the 14-day period with an acknowledgement 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 which is subject to the dispute settlement scheme.

5. In the event of complaints, a consumer should first approach the trader. If the online shop is affiliated with Stichting WebwinkelKeur, and in the case of complaints that cannot be resolved by mutual agreement, the consumer should approach Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this online shop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the option of having their complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur; its ruling is binding and both trader and consumer agree to this binding ruling. Submitting a dispute to this disputes committee involves costs which must be paid by the consumer to the committee concerned. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).

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

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

Article 15 - Disputes

1. Contracts between the trader and the consumer to which these terms and conditions relate are governed exclusively by Dutch law. This also applies if the consumer is resident abroad.

2. The Vienna Sales Convention does not apply.

Article 16 - Additional or differing provisions

Additional provisions, or provisions differing from these terms and conditions, may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.