Terms and Conditions

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 Guarantee
Article 11 – Delivery and Performance
Article 12 – Continuing Performance Contracts: Duration, Cancellation and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes

ARTICLE 1 – DEFINITIONS

In these terms and conditions, the following definitions apply:

Supplementary agreement: an agreement under which the consumer acquires products, digital content and/or services in connection with a distance contract, where such goods, digital content and/or services are supplied by the Trader or by a third party on the basis of an arrangement between that third party and the Trader.

Cooling-off period: the period within which the consumer may exercise their right of withdrawal.

Consumer: the natural person who is not acting in the course of a profession, business or trade and enters into an agreement with the Trader.

Day: calendar day.

Digital content: data produced and supplied in digital form.

Continuing performance contract: an agreement relating to a series of products and/or services, the delivery and/or purchase obligations of which are spread over time.

Durable medium: any tool or means that enables the consumer or Trader to store information addressed personally to them in a manner that permits future consultation and unaltered reproduction of the stored information, including email.

Right of withdrawal: the consumer's right to withdraw from the distance contract within the cooling-off period.

Model form: the withdrawal form made available by the Trader to the consumer, which the consumer may complete if they wish to exercise their right of withdrawal.

Trader: the natural person or legal entity that offers products and/or (access to) digital content and/or services to consumers at a distance.

Distance contract: an agreement concluded between the Trader and the consumer within the framework of a system organised by the Trader for the distance selling of products and/or services, where, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication.

Means of distance communication: a means that may be used for concluding an agreement without the consumer and the Trader being simultaneously present in the same location.

Terms and Conditions: the present Terms and Conditions of the Trader.

ARTICLE 2 – IDENTITY OF THE TRADER

Trader name : IOTYP, trading as Prizado. Registered address: Prins Bernhardstr. 19, 2631 EA Nootdorp, The Netherlands (not a visiting address) Email address: info@prizado.com Dutch Chamber of Commerce (KvK) number: 09124322 VAT identification number: NL001934018B76

ARTICLE 3 – APPLICABILITY

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.
Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. Where this is not reasonably possible, the Trader will, before the distance contract is concluded, indicate how the terms and conditions may be inspected at the Trader's premises, and that they will be sent to the consumer free of charge and as soon as possible upon request.
Where the distance contract is concluded electronically, the text of these terms and conditions may, notwithstanding the preceding paragraph, be made available to the consumer electronically before the distance contract is concluded, in such a way that the consumer can easily store them on a durable medium. Where this is not reasonably possible, the Trader will indicate, before the distance contract is concluded, where the terms and conditions may be consulted electronically and that they will be sent to the consumer free of charge, either electronically or by other means, upon request.
In the event that specific product or service terms apply in addition to these terms and conditions, paragraphs 2 and 3 shall apply mutatis mutandis. In the case of conflicting terms, the consumer may always rely on the applicable provision that is most favourable to them.
If, at any time, one or more provisions of these terms and conditions are wholly or partially declared null and void or annulled, the remainder of these terms and conditions will continue to apply, and the provision concerned will be replaced, by mutual consultation and without delay, by a provision that reflects the intent of the original as closely as possible.
Situations not addressed in these terms and conditions shall be assessed in accordance with the spirit of these terms and conditions.
Any ambiguity concerning the interpretation or content of one or more provisions of our terms shall be interpreted in accordance with the spirit of these terms and conditions.

ARTICLE 4 – THE OFFER

If an offer is of limited duration or is made subject to conditions, including conditions precedent or subsequent, this will be explicitly stated in the offer.
The Trader's offer is made without obligation. The Trader is entitled to amend and adjust the offer.
The Trader's offer includes a description of the products and/or services offered, which will at all times be complete and accurate. The offer will contain a sufficiently detailed description to enable the consumer to make a proper assessment of the offer. Where the Trader uses images that are intended to depict the products offered, those images will be a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer will not bind the Trader.
Product images are a true representation of the products offered. However, the Trader cannot guarantee that the colours shown correspond exactly to the true colours of the products.
Every offer contains sufficient information for the consumer to understand the rights and obligations attached to accepting the offer. This relates in particular to:
- the price including taxes;
- any delivery costs;
- the manner in which the agreement will be concluded and the actions required to do so;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and performance of the agreement;
- the rate of charges for distance communication, if the costs of using the means of distance communication are calculated on a basis other than the standard basic rate for the means of communication used;
- whether the agreement is archived after conclusion, and if so, how the consumer may access it;
- the minimum duration of the distance contract in the case of a continuing performance contract.

ARTICLE 5 – THE AGREEMENT

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions attached thereto.
Where the consumer has accepted the offer electronically, the Trader will promptly confirm receipt of acceptance of the offer by electronic means. Until such time as receipt of this acceptance has been confirmed by the Trader, the consumer may rescind the agreement.
Where the agreement is concluded electronically, the Trader will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a safe online environment. Where the consumer is able to pay electronically, the Trader will observe appropriate security measures.
The Trader may, within the limits of the law, enquire whether the consumer is able to meet their payment obligations, as well as all such facts and factors as are relevant for a responsible conclusion of the distance contract. Where, on the basis of such investigation, the Trader has good grounds for not entering into the agreement, they are entitled to refuse an order or application, or to attach special conditions to its execution, giving reasons for doing so.
The Trader will send the consumer the following information, in writing or in such a manner that it can be stored by the consumer on a durable medium in an accessible way, at the latest upon delivery of the product, service or digital content: a. the visiting address of the Trader's premises where the consumer may address complaints; b. the conditions under which, and the manner in which, the consumer may exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded; c. information on guarantees and any after-sales service; d. the price, including all taxes, of the product, service or digital content; e. the delivery costs, where applicable; f. the method of payment, delivery or performance of the distance contract; g. the requirements for cancelling the agreement where the agreement has a duration of more than one year or is of indefinite duration; h. where the consumer has a right of withdrawal, the model withdrawal form.
In the case of a continuing performance contract, the provision in the preceding paragraph applies only to the first delivery.

ARTICLE 6 – RIGHT OF WITHDRAWAL

Upon delivery of products:

When purchasing products, the consumer has the right to rescind the agreement within 14 days without giving any reason. This cooling-off period begins on the day following receipt of the product by the consumer or by a representative designated in advance by the consumer and made known to the Trader.
The intermediary's guarantee period is the same as the manufacturer's guarantee period. The intermediary is, however, never responsible for the ultimate suitability of the products for any individual application by the buyer, nor for any advice regarding the use or application of the products.
In the event of a guarantee claim, the intermediary will, at its discretion, arrange for replacement or repair. In the case of replacement, the buyer undertakes to return the replaced item to the intermediary.
The guarantee does not apply where:
- the buyer has repaired and/or modified the products themselves or has had them repaired and/or modified by a third party;
- the products supplied have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the intermediary's instructions and/or the instructions on the packaging;
- the defect is wholly or partially the result of regulations that the government has issued or will issue in respect of the nature or quality of the materials used;
- Hygiene products cannot be returned or refunded, particularly not in light of the current COVID-19 measures. A (non-exhaustive) list of hygiene products that cannot be returned and refunded includes: underwear, bikinis, make-up, hair styling products, beauty products, etc.
Where: a. the consumer has ordered several products in a single order, the cooling-off period begins on the day on which the consumer, or a third party designated by them, receives the last product. The Trader may, provided they have clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with different delivery times. b. the delivery of a product consists of several shipments or parts, the cooling-off period begins on the day on which the consumer, or a third party designated by them, receives the last shipment or the last part; c. the agreement provides for the regular delivery of products over a given period, the cooling-off period begins on the day on which the consumer, or a third party designated by them, receives the first product.

For services and digital content not supplied on a tangible medium:

Where a service contract, or a contract for the supply of digital content not supplied on a tangible medium, has been concluded, the consumer may rescind the agreement within 14 days without giving any reason. This period of 14 days begins on the day following conclusion of the agreement.

Extended cooling-off period where the consumer is not informed of the right of withdrawal (for products, services and digital content not supplied on a tangible medium):

Where the Trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the preceding paragraphs of this article.
Where the Trader provides the information referred to in the preceding paragraph to the consumer within twelve months of the start of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.
During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If the consumer exercises their right of withdrawal, they will return the product to the Trader with all supplied accessories and – where reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the Trader.
Where the consumer wishes to exercise their right of withdrawal, they are required to notify the Trader of this within 14 days of receipt of the product. The consumer must give such notice by means of the model form. Once the consumer has given notice of their wish to exercise the right of withdrawal, they must return the product within 14 days. The consumer must prove that the goods have been returned in good time, for example by means of proof of postage.

ARTICLE 7 – COSTS OF EXERCISING THE RIGHT OF WITHDRAWAL

Where the consumer exercises the right of withdrawal, they will bear, at most, the cost of returning the goods.
The Trader will refund the purchase amount as soon as possible, and at the latest within 14 days of withdrawal, using the same means of payment as used by the consumer. This is conditional upon the goods having been received by the online retailer, or conclusive proof of complete return having been provided.
Any diminution in the value of the product caused by careless handling will be borne by the consumer. This cannot be invoked against the consumer if the Trader has failed to provide all legally required information regarding the right of withdrawal. This information must be provided prior to conclusion of the purchase agreement.

ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL

Exclusion of the right of withdrawal is only possible where the Trader has clearly stated this in the offer, or at the very least in good time before the agreement is concluded, and where the product concerned is among those listed in paragraphs 2 and 3.
Exclusion is only possible for the following products: a. those that have been produced by the Trader in accordance with the consumer's specifications; b. those that are clearly personal in nature; c. those that may deteriorate or become outdated quickly; d. those whose price is tied to fluctuations in the financial market over which the Trader has no influence; e. for loose newspapers and magazines; f. for audio and video recordings and computer software of which the consumer has broken the seal; g. for hygiene products of which the consumer has broken the seal. Hygiene products cannot be returned or refunded, particularly not in light of the current COVID-19 measures. A (non-exhaustive) list of hygiene products that cannot be returned and refunded includes: underwear, bikinis, make-up, hair styling products, beauty products, etc.
Exclusion is only possible for the following services: a. concerning accommodation, transport, catering services or leisure activities to be provided on a specific date or during a specific period; b. where performance has, at the express request of the consumer, begun before the cooling-off period has expired; c. concerning betting and lotteries.

ARTICLE 9 – PRICE

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, save for price changes resulting from changes in VAT rates.
Notwithstanding the preceding paragraph, the Trader may offer products or services at variable prices where those prices are tied to fluctuations in the financial market over which the Trader has no influence. This link to fluctuations, and the fact that any stated prices are indicative, will be mentioned in the offer.
Price increases within three months of the conclusion of the agreement are only permitted where they result from statutory regulations or provisions.
Price increases from three months after the conclusion of the agreement are only permitted where the Trader has stipulated this and: a. such increases result from statutory regulations or provisions; or b. the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
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.
Any special or additional customs clearance charges and/or import duties are not included in the price and are payable by the customer.

ARTICLE 10 – GUARANTEE AND CONFORMITY

The Trader 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 in force on the date the agreement is concluded. Where agreed, the Trader also warrants that the product is suitable for use other than normal use.
A guarantee provided by the Trader, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the Trader on the basis of the agreement. This includes any undertaking by the Trader, their supplier, importer or producer that grants the consumer certain rights or claims going beyond those to which they are legally obliged in the event of a failure to perform their part of the agreement.
Any defects or incorrectly supplied products must be reported in writing to the Trader within 4 weeks of delivery. Products must be returned in their original packaging and in as-new condition.
The guarantee does not apply where: a. the consumer has repaired and/or modified the supplied products themselves or has had them repaired and/or modified by third parties; b. the supplied products have been exposed to abnormal conditions, otherwise handled without care, or handled contrary to the Trader's instructions and/or those on the packaging; c. the defect is wholly or partially the result of regulations that the government has issued or will issue in respect of the nature or quality of the materials used.
Hygiene products cannot be returned or refunded, particularly not in light of the current COVID-19 measures. A (non-exhaustive) list of hygiene products that cannot be returned and refunded includes: underwear, bikinis, make-up, hair styling products, beauty products, etc.

ARTICLE 11 – DELIVERY AND PERFORMANCE

The Trader will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has provided to the company.
Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders promptly and within 30 days at the latest, unless the consumer has agreed to a longer delivery period. Where delivery is delayed, or where an order cannot be executed, or can only be partially executed, the consumer will be informed of this no later than 30 days after the order was placed. In that case, the consumer is entitled to rescind the agreement free of charge. The consumer is not entitled to any compensation.
All delivery periods are indicative. The consumer cannot derive any rights from stated periods. Exceeding a period does not entitle the consumer to compensation.
In the event of rescission pursuant to paragraph 3 of this article, the Trader will refund the amount paid by the consumer as soon as possible, and no later than 14 days after rescission.
Where delivery of an ordered product proves impossible, the Trader will endeavour to make a replacement item available. The delivery of a replacement item will be clearly and comprehensibly notified at the latest upon delivery. The right of withdrawal cannot be excluded for replacement items. The cost of any return shipment will be borne by the Trader.
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 CONTRACTS: DURATION, CANCELLATION AND RENEWAL

Cancellation

The consumer may at any time cancel an agreement entered into for an indefinite period and aimed at the regular delivery of products (including electricity) or services, subject to the cancellation rules agreed and a notice period of no more than one month.
The consumer may at any time cancel an agreement entered into for a fixed period and aimed at the regular delivery of products (including electricity) or services, with effect from the end of the fixed term, subject to the cancellation rules agreed and a notice period of no more than one month.
The consumer may, in respect of the agreements referred to in the preceding paragraphs: a. cancel at any time and not be restricted to cancellation at a particular time or within a particular period; b. at the very least cancel in the same manner as the agreement was entered into; c. always cancel subject to the same notice period as the Trader has stipulated for themselves.

Renewal

An agreement entered into for a fixed period and aimed at the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed term.
Notwithstanding the preceding paragraph, an agreement entered into for a fixed period and aimed at the regular delivery of daily newspapers, weeklies and magazines may be tacitly renewed for a fixed term of up to three months, provided that the consumer can cancel this extended agreement with effect from the end of the renewal, subject to a notice period of no more than one month.
An agreement entered into for a fixed period and aimed at the regular delivery of products or services may be tacitly renewed for an indefinite period, provided that the consumer is entitled to cancel at any time subject to a notice period of no more than one month, and a notice period of no more than three months where the agreement provides for the regular, but less than monthly, delivery of daily newspapers, weeklies and magazines.
An agreement of limited duration for the regular trial delivery of daily newspapers, weeklies and magazines (trial or introductory subscription) will not be tacitly continued and will end automatically on expiry of the trial or introductory period.

Duration

Where an agreement has a duration of more than one year, the consumer may, after one year, cancel the agreement at any time, subject to a notice period of no more than one month, unless the principles of reasonableness and fairness preclude cancellation before the end of the agreed term.

ARTICLE 13 – PAYMENT

Unless otherwise agreed, 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(1). In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer is obliged to report any inaccuracies in the payment details provided or stated to the Trader without delay.
In the event of non-payment by the consumer, the Trader has the right, subject to statutory limitations, to charge the reasonable costs made known to the consumer in advance.
The consumer may make payment using the following payment methods: iDeal, Bancontact, Klarna, KBC/CBC, Belfius Direct Net and credit card (AMEX, Mastercard, Maestro and Visa).

ARTICLE 14 – COMPLAINTS PROCEDURE

The Trader has a sufficiently publicised complaints procedure and will handle complaints in accordance with that procedure.
Complaints about the performance of the agreement must be submitted to the Trader in full and clearly described, within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the Trader will be answered within 14 days of the date of receipt. Where 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 may expect a more detailed reply.
Where the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute resolution procedure.

ARTICLE 15 – DISPUTES

Agreements between the Trader and the consumer to which these terms and conditions apply are governed exclusively by Dutch law.

MODEL WITHDRAWAL FORM

Please only complete and return this form if you wish to withdraw from the agreement.

— To:

Company name

Address

Postcode

Telephone number

— I/We () hereby give notice that I/we () withdraw from my/our () agreement for the sale of the following goods / the supply of the following service ():

— Ordered on (DD-MM-YYYY):

— Order number:

— Received on (DD-MM-YYYY):

— Name(s) of consumer(s):

— Address of consumer(s):

— IBAN account number:

— Signature of consumer(s) (only where this form is submitted on paper):

— Date (DD-MM-YYYY):

() Delete as appropriate.*