Terms and conditions

General terms and conditions


Article 1 - Definitions

For the purposes of these terms and conditions:

withdrawal period: period during which the consumer may exercise his right of withdrawal

consumer: the natural person who is not acting in the exercise of his profession or business and who enters into a distance contract with the trader

day: a calendar day;

Term: a distance contract for a number of products and/or services, the obligation to deliver and/or purchase is extended in time;

Durable medium: any means enabling the consumer or the operator to store information addressed to him or her personally in a way that makes it possible to view and reproduce it at a later date without modification.

Right of withdrawal: the possibility for the consumer to withdraw from a distance contract within the withdrawal period

Trader: the natural or legal person who offers products or services to the consumer at a distance

Distance contract: a contract under which, within the framework of a distance sales system for goods or services organized by the trader, only one or more means of distance communication are used for the conclusion of the contract

Means of distance communication: Means which can be used for concluding an agreement without the consumer and the trader being in the same room at the same time

General terms and conditions: these general terms and conditions of business of the operator.

Article 2 - Identity of the entrepreneur

Athena Soft Shaver

Burghardt van den Berghstraat 84, 6512 DP, Nijmegen, The Netherlands

E-mail address: info@athenasoftshaver.com

Chamber of Commerce Number: 74123122

Sales tax identification number: NL859780156B01

Article 3 - Application

These general terms and conditions apply to each and every offer of the operator and to each and every remote agreement and order between the operator and the consumer.

Before concluding a remote agreement, the consumer will receive the text of these terms and conditions. If this is not reasonably possible, prior to the conclusion of a distance agreement, it is stated that these terms and conditions are available for inspection at the business premises of the operator and are sent to the consumer as soon as possible on request free of charge.

If, in contrast to the previous paragraph and prior to the conclusion of the distance agreement by electronic means, the distance agreement is concluded electronically, the text of these terms and conditions shall be made available to the consumer electronically in such a way that it can be easily stored on a durable medium. If this is not reasonably possible, it must be indicated before the conclusion of the distance agreement that these general terms and conditions are available in electronic form and that they will be sent free of charge, electronically or otherwise, at the request of the consumer.

Where specific terms and conditions for a product or service apply in addition to these general terms and conditions, paragraphs 2 and 3 shall apply mutatis mutandis and, in case of conflicting general terms and conditions, the consumer may always refer to the most favourable provision that applies to him.

If one or more provisions of these terms and conditions are invalid or invalid in whole or in part, the contract and these terms and conditions shall remain in force for the remainder, and the provision in question shall immediately be replaced by a provision that is as close as possible to the meaning and purpose of the original provision, through mutual consultation.

Situations not regulated in these General Terms and Conditions shall be judged "in the spirit" of these General Terms and Conditions.

Uncertainty about the interpretation or content of one or more provisions of our General Terms and Conditions should be interpreted "in the spirit" of these General Terms and Conditions.

Article 4 - Offer

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

The offer is not binding. The trader has the right to change and adjust 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 consumer to make a reasonable assessment of the offer. If the trader uses pictures, they are a faithful representation of the products and/or services offered. Obvious errors or obvious mistakes in the offer are not binding for the trader.

All pictures, specifications and information contained in the offer are approximate and cannot be a reason for compensation or withdrawal from the contract.

Product photos are a faithful representation of the products offered. The company cannot guarantee that the colors shown are exactly the same as the actual colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are associated with the acceptance of the offer. This applies in particular to:

the price including taxes;

all shipping costs;

the manner in which the contract is concluded and what measures are necessary to achieve this;

whether or not the right of withdrawal applies;

the method of payment, delivery and performance of the contract;

the period for acceptance of the offer or the period during which the trader guarantees the price;

the level of the tariff for distance communication, where the cost of using the means of distance communication is calculated on a basis other than the usual basic tariff for the means of communication used;

whether the contract is archived after it has been concluded and, if so, how the consumer can see it;

how the consumer can verify and, if so, correct the data provided by the consumer as part of the contract before the conclusion of the contract;

all other languages in which the contract may be concluded besides Dutch;

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

the minimum duration of the distance contract in the case of a continuous transaction.

Optional: available sizes, colors, material types.

 

 

 

Article 5 - Contract

The agreement is concluded, subject to the provisions of paragraph 4, when the consumer has accepted the offer and the agreed upon conditions have been met.

If the consumer has accepted the offer by electronic means, the trader shall immediately confirm the receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance is not confirmed by the trader, the consumer may terminate the agreement.

If the agreement is concluded by electronic means, the trader shall take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure Internet environment. If the consumer can make payments electronically, the trader will take appropriate security measures.

The trader may - within a legal framework - obtain information on whether the consumer can fulfil his payment obligations and on all facts and factors that are relevant for the responsible conclusion of a distance contract. If, on the basis of this investigation, the trader has good reasons not to conclude the agreement, he shall be entitled to refuse the order or application, giving reasons, or to attach specific conditions to their execution.

The trader shall provide the consumer with the following information together with the product or service in writing or in such a way that the consumer can receive it in an accessible form on a durable medium:

the address of the trader's registered office to which the consumer may submit complaints;
the conditions under which and how the consumer may exercise his right of withdrawal or a clear statement that he is exempt from the right of withdrawal
information on the guarantee and the existing after-sales services;
the information contained in Article 4 (3) of these terms and conditions, unless the trader has already provided the consumer with this information before the conclusion of the contract;
the conditions for terminating the contract, if the contract is for more than one year or for an indefinite period.
In the case of long-term transactions, the provision in the previous paragraph applies only to the first delivery.

Each contract is concluded under the suspensive conditions of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

When purchasing products, the consumer has the possibility to cancel the contract without giving reasons within a period of 14 days. This cooling off period begins on the day after the day on which the consumer or a representative appointed by the consumer in advance and notified the trader.

During the cooling off period, the consumer will handle the product and packaging carefully. He will unpack or use the product only to the extent necessary to assess whether he wants to keep it. If he exercises his right of withdrawal, he will return the product to the trader with all delivered accessories and, if reasonably possible, in its original condition and packaging in accordance with the trader's reasonable and clear instructions.

If the consumer wants to exercise the right of withdrawal, he must inform the trader within fourteen days after receiving the goods. The consumer should inform the trader by written message / e-mail. Once the consumer has informed the trader that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, e.g. by providing proof of shipment.

If the customer has not informed the seller of his wish to exercise his right of withdrawal or has not returned the product to the seller after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

Article 7 - Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the costs for the return of the products are borne by the consumer.

If the consumer has paid a certain amount, the trader will reimburse this amount as soon as possible and at the latest within 14 days after the withdrawal. A precondition is that the product has already been returned by the trader or you can provide conclusive proof of the full return.

 

 

Article 8 - Exclusion of the right of withdrawal

The trader may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has explicitly stated this in the offer, at least in good time before the conclusion of the contract.

The exclusion of the right of withdrawal is only possible for products

which have been made by the trader in accordance with the consumer's specifications;
which are clearly of a personal nature;
that due to their nature cannot be returned;
which are liable to deteriorate or rapidly deteriorate;
whose price is subject to fluctuations in the financial market over which the trader has no control;
for individual newspapers and magazines;
for audio and video recordings and computer software where the consumer has broken the seal
for hygiene products where the consumer has broken the seal.
The exclusion of the right of withdrawal is only possible for services:

for accommodation, transport, meals 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 consumer, before the end of the withdrawal period;
in respect of betting and lotteries.

Article 9 - Price

During the validity period indicated in the offer, the prices of the products and/or services offered will not increase, except for price changes due to changes in VAT rates.

Contrary to the previous paragraph, the investor may offer products or services whose prices are subject to fluctuations in the financial market and over which he has no influence, with variable prices. This obligation to fluctuate and the fact that all prices quoted are target prices are mentioned in the offer.

Price increases within 3 months after the conclusion of the contract are only permissible if they result from laws or provisions.

Price increases from 3 months after the conclusion of the contract are only permissible if the entrepreneur has agreed to them:

They result from laws or regulations; or
The consumer is entitled to terminate the contract on the day the price increase takes effect.
Prices quoted for products or services include value-added tax.

All prices may contain printing and typing errors. No liability is assumed for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the trader is not obliged to provide the product at an incorrect price.

Article 10 - Conformity and guarantee

The Contractor warrants that the products and/or services comply with the Contract, the specifications stated in the quotation, the reasonable requirements for reliability and/or fitness for purpose, and the laws and/or government regulations in effect on the date of the Contract. Upon agreement, the Contractor also warrants that the Product is suitable for other than normal use.

The warranty provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer may assert against the trader under the Contract.

Any defects or incorrectly delivered products must be reported to the trader in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.

The entrepreneur'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 use by the consumer, or for any advice on the use or application of the products.

The warranty does not apply if:

The consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by a third party;

the delivered products have been exposed to abnormal conditions or have otherwise been handled negligently or not in accordance with the trader's instructions and/or have been handled and/or treated on the packaging;

The defects are wholly or partly the result of regulations which the Government has made or will make with respect to the nature or quality of the materials used.

 

 

Article 11 - Delivery and performance

The Company will use its best efforts in accepting and fulfilling orders for products.

The place of delivery is the address that the consumer has provided to the Company.

Subject to the provisions of Article 4 of these General Terms and Conditions, the Company shall accept orders immediately, but no later than within 30 days, unless the consumer agrees to a longer delivery period. If delivery is delayed or if the order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed at the latest within 30 days of the order. In this case, the consumer shall have the right to terminate the agreement free of charge and shall be entitled to any compensation.

In the case of a termination according to the preceding paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible and at the latest within 14 days after the termination.

If delivery of the ordered product proves to be impossible, the entrepreneur will make every effort to deliver a replacement product. At the latest upon delivery, clear and comprehensible information will be given that a replacement article will be delivered. In the case of replacement articles, the right of withdrawal cannot be excluded. The costs of return shipment shall be borne by the entrepreneur.

The risk of damage and/or loss of the products remains with the trader until delivery to the consumer or the trader's representative, who has been appointed in advance and notified to the trader's representative, unless expressly agreed otherwise.

Article 12 - Duration of the transaction: Duration, termination and renewal

Termination

The consumer may enter into a contract of indefinite duration involving the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period not exceeding one month.

The consumer may enter into a contract of indefinite duration, which covers the regular supply of products (including electricity) or services, terminate at any time at the end of the agreed term subject to the agreed termination rules and a notice period not exceeding one month.

The consumer may terminate the contracts referred to in the preceding paragraphs:

terminate at any time and are not limited to termination at the end of a fixed term or within a fixed period of time;

shall terminate at least in the same manner in which they were received by him;

terminate always with the same period of notice as the contractor has set for himself.

Extension

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

In contrast to the previous paragraph, a contract entered into for a fixed period for the regular supply of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months if the consumer can terminate the contract at the end of the extended period with up to one month's notice.

A fixed-term contract for the regular supply of goods or services may be tacitly extended for an indefinite period only if the consumer may terminate the contract at any time by giving not more than one month's notice and not more than three months' notice if the contract is for the regular supply of newspapers, news and weekly magazines and periodicals, but less than once a month.

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

Duration

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

 

 

Article 13 - Payment

Unless otherwise agreed, amounts due from the consumer must be paid within 7 working days from the start of the withdrawal period referred to in Article 6 (1). In the case of a service contract, this period starts after the consumer has received confirmation of the contract.

It is the consumer's responsibility to inform the trader immediately of any inaccuracies in the payment details communicated or indicated to him.

In the event of non-payment by the consumer, the entrepreneur is entitled, subject to any legal limitations, to charge the consumer the reasonable costs incurred in advance.

Article 14 - Complaint procedure

Complaints about the performance of the agreement must be submitted to the entrepreneur within 7 days after the consumer has discovered the defects, fully and clearly described.

Complaints submitted to the entrepreneur within 14 days of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved amicably, a dispute arises which is subject to settlement.

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

If the complaint is found justified by the trader, the trader will, at his discretion, replace or repair the delivered products free of charge.

Article 15 - Disputes

Dutch law applies exclusively to contracts between the operator and the consumer to which these General Terms and Conditions apply. Even if the consumer lives abroad.

 

Article 16 - Intellectual Property Rights

The contents of this website, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from Athena Soft Shaver and other materials ("Content") are protected by copyright under both Dutch and foreign law. The copyright in the Content remains with Athena Soft Shaver. Any use of the Content that is not expressly authorized by these Terms of Use is a violation of these Terms of Use and may violate copyright, trademark and other laws. Except as described herein, no Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, without the prior written permission of Athena Soft Shaver or its licensors. Athena Soft Shaver permits you to view and download a single copy of the Content solely for your own lawful, personal, non-commercial use, provided you include the following copyright notice: "2019 Athena Soft Shaver. All Rights Reserved" and all other copyright and proprietary notices contained in the Content shall remain in full force and effect. Specific terms of use for other items posted on the Site may be contained elsewhere on the Site and are incorporated by reference into these Terms. Use of the Content on any other website or networked environment for any purpose is prohibited. All rights not expressly granted herein are reserved by Athena Soft Shaver. If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy or delete all copies (any portion) of the Content you have made from the applicable Site. In addition, your company will initially be fined €10,000, which must be paid within the required 30-day period. Athena Soft Shaver has the right to take legal action against you and your company if this fine is not paid within the required period.

You may not "mirror" the content of this website on any other server without written permission from Athena Soft Shaver. You may not use the Website for any purpose that is unlawful or prohibited by these terms. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other user's use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website by hacking, password mining or any other means. Athena Soft Shaver reserves the right, in its sole discretion, to terminate your access to the Website, or any portion thereof, at any time, for any reason, or without notice.

Dutch law shall apply.