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Ordered before 2 pm on working days = shipped the same day 30-day reflection period 1-year warranty

General Terms and Conditions

General Terms and Conditions Otronic.nl (WebwinkelKeur member)

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 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 Duration transactions: duration, termination and extension
Article 13 Payment
Article 14 Complaints procedure
Article 15 Disputes
Article 16 Additional or deviating provisions

Article 1 Definitions
In these terms and conditions, the following definitions shall apply:

1. Reflection period: the period within which the consumer may exercise his right of withdrawal;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
7. Model withdrawal form: the model withdrawal form made available by the entrepreneur that a consumer can complete when he wishes to exercise his right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance contract: a contract concluded within the framework of an organised system for distance selling of products and/or services by the entrepreneur, whereby up to and including the conclusion of the contract exclusive use is made of one or more means of distance communication;
10. Means of distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur being simultaneously present in the same room.
11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 Identity of the entrepreneur
Otronic
Meerweg 76A
2121 VC, Bennebroek
023-2340488 
support@otronic.nl
Chamber of Commerce number: 64217590
VAT identification number: NL002084147B28

Article 3 Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and orders between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated before the distance contract is concluded that the general terms and conditions may be inspected at the entrepreneur’s premises and that they will be sent to the consumer free of charge as soon as possible at the consumer’s request.
3. If the distance contract is concluded electronically, then, 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 consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.
4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply accordingly and the consumer may always invoke the applicable provision that is most favourable to him in the event of conflicting general terms and conditions.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, then the agreement and these terms and conditions shall otherwise remain in force and the relevant provision shall be replaced without delay by mutual agreement by a provision that approximates the purport of the original as closely as possible.
6. Situations not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
7. Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 The offer
1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to amend and adjust 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 a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
5. Images of products are a truthful representation of the products offered. The Entrepreneur cannot guarantee that the displayed colours exactly correspond to the actual colours of the products.
6. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in the
special:
• the price including taxes;
• any costs of shipment;
• the manner in which the agreement will be concluded and the actions required for that purpose;
• 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 means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
• whether the agreement is archived after its conclusion, and if so, in what way it can be consulted by the consumer;
• the manner in which the consumer, prior to the conclusion of the agreement, can check the data provided by him in the context of the agreement and, if desired, correct it;
• the possible other languages in which, in addition to Dutch, the agreement may be concluded;
• the codes of conduct to which the trader 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 transaction of continuing performance.


Article 5 The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and complies with the conditions set forth therein.
2. If the consumer has accepted the offer electronically, the trader shall 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 agreement.
3. If the agreement is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures to that end.
4. Within the limits of the law, the trader may ascertain whether the consumer can meet his payment obligations, as well as all facts and factors that are important for the responsible conclusion of the distance agreement. If, on the basis of this investigation, the trader has good grounds not to enter into the agreement, he shall be entitled to refuse an order or request, stating reasons, or to attach special conditions to its performance.
5. The trader shall send the following information to the consumer together 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 medium:
a. the visiting address of the trader's establishment where the consumer can lodge complaints;
b. the conditions and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information on guarantees and existing after-sales service;
d. the data included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided these data to the consumer before the performance of the agreement;
e. the requirements for termination of the agreement if the agreement has a term of more than one year or is of indefinite duration.
6. In the case of a transaction of continuing performance, the provision in the previous paragraph applies only to the first delivery.
7. Every agreement is entered into under the suspensive condition of sufficient availability of the products concerned.

Article 6 Right of withdrawal
For delivery of products:
1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 30 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
2. During the cooling-off period, the consumer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product to the entrepreneur with all delivered accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur thereof within 14 days after receipt of the product. The consumer must make this notification by means of the model form. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of shipment.
4. If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase shall be a fact.

Article 7 Costs in the event of withdrawal
1. If the consumer exercises his right of withdrawal, the costs of returning the goods shall be borne by the consumer.
2. If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than within 14 days after withdrawal. This is subject to the condition that the product has already been received back by the webshop operator or conclusive proof of complete return can be provided. Refunds shall be made via the same payment method used by the consumer unless the consumer expressly agrees to a different payment method.
3. In the event of damage to the product caused by careless handling by the consumer himself, the consumer shall be liable for any depreciation in the value of the product.
4. The consumer cannot be held liable for depreciation in the value of the product if the entrepreneur has not provided all legally required information on the right of withdrawal; this must be done before the conclusion of the purchase agreement.

Article 8 Exclusion of the right of withdrawal
1. The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal shall apply only if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with the consumer's specifications;
b. that are clearly of a personal nature;
c. that by their nature cannot be returned;
d. that can spoil or age quickly;
e. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for loose newspapers and magazines;
g. for audio and video recordings and computer software whose seal has been broken by the consumer.
h. for hygienic products whose seal has been broken by the consumer.
3. Exclusion of the right of withdrawal is only possible for services:
a. relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
b. the performance of which has begun with the express consent of the consumer before the withdrawal period has expired;
c. relating to betting and lotteries.

Article 9 The price
1. During the period of validity stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
2. By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This susceptibility to fluctuations and the fact that any prices stated are target prices shall be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. they result from statutory regulations or provisions; or
b. the consumer is authorised to terminate the agreement 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, typesetting and typographical 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 Warranty
1. The entrepreneur warrants 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 statutory provisions and/or government regulations existing on the date of conclusion of the agreement. If agreed, the entrepreneur also warrants that the product is suitable for use other than normal use.
2. A warranty provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. Returned products must be sent in the original packaging and in new condition.
4. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:
• The consumer has repaired and/or modified the delivered products themselves 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 instructions of the entrepreneur and/or as stated on the packaging;
• The defect is wholly or partly the result of regulations imposed or to be imposed by the government with regard to the nature or quality of the materials used.

Article 11 Delivery and performance
1. The entrepreneur shall observe the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery shall be the address that the consumer has made known to the company.
3. Subject to the provisions in paragraph 4 of this article, the company shall execute 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 executed or can only be executed in part, the consumer shall receive notice thereof 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 shall not be entitled to compensation.
4. All delivery periods are indicative. The consumer cannot derive any rights from any stated periods. 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 entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur shall make every effort to make a replacement item available. At the latest upon delivery, it shall be clearly and comprehensibly stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
7. The risk of damage to and/or loss of products shall rest with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
8. For business orders placed by e-mail on account, a minimum order value of € 50 excl. VAT applies. Smaller orders can be processed with a surcharge of € 6,20 excl. VAT.

Article 12 Duration transactions: duration, termination and extension
Termination
1. The consumer may terminate an agreement entered into for an indefinite period and which provides for the regular delivery 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.
2. The consumer may terminate an agreement entered into for a fixed period and which provides for the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
3. The consumer may terminate the agreements referred to in the previous paragraphs:
• at any time and not be limited to termination at a specific time or during a specific period;
• at least terminate in the same manner as they were entered into by him;
• always terminate with the same notice period as the entrepreneur has stipulated for himself.
Extension
4. An agreement entered into for a fixed period and which provides for the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a fixed period.
4. By way of derogation from the previous paragraph, an agreement entered into for a fixed period and which provides for the regular delivery of daily newspapers, weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
5. An agreement entered into for a fixed period and which provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate 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 event that the agreement provides for the regular, but less than once a month, delivery of daily newspapers, weekly newspapers and magazines.
6. An agreement with a limited duration for the regular introductory delivery of daily newspapers, weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall end automatically upon expiry of the trial or introductory period.
Duration
7. If an agreement has a duration of more than one year, the consumer may terminate the agreement 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 duration.

Article 13 Payment
1. Unless otherwise agreed, the amounts owed by the consumer shall be paid within 7 working days after the commencement of the cooling-off period referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period shall commence after the consumer has received confirmation of the agreement.
2. The consumer has the obligation to report any inaccuracies in payment details provided or stated without delay to the entrepreneur.
3. In the event of non-payment by the consumer, the entrepreneur shall, subject to statutory restrictions, be entitled to charge the reasonable costs made known to the consumer in advance.

Article 14 Complaints Procedure
1. The entrepreneur has a sufficiently publicised complaints procedure and shall handle the complaint in accordance with this complaints procedure.
2. Complaints regarding the performance 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 shall be answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall reply within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response.
4. If the complaint cannot be resolved by mutual agreement, a dispute shall arise that is subject to the dispute resolution procedure.
5. In the event of complaints, a consumer should first обратиться to the entrepreneur. If the web shop is affiliated with Stichting WebwinkelKeur and in the case of complaints that cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this web shop has an ongoing membership via https://www.webwinkelkeur.nl/ledenlijst/. If no solution is reached, the consumer has the option of having his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur; the decision of this committee is binding and both entrepreneur and consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to submit 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 well-founded by the entrepreneur, the entrepreneur shall, at its discretion, either replace or repair the delivered products free of charge.

Article 15 Disputes
1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply shall be governed exclusively by Dutch law. This also applies if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

Article 16 Liability for (consequential) damage
1. Otronic shall not be liable for direct or indirect (consequential) damage arising from the use of our products. Connecting or soldering our products into existing equipment is entirely at the customer's own risk.