Terms and Conditions
Terms and Conditions
This website is operated by Parosche. Throughout the site, the terms "we," "us," and "our" refer to Parosche. Parosche offers this website, including all information, tools, and services available on this site, to you, the user, on the condition that you agree to all the terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following general terms and conditions ("Service Terms," "Terms"), including those additional terms and policies referenced herein and/or available via a hyperlink. These Service Terms apply to all users of the site, including but not limited to users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these Service Terms carefully before visiting or using our website. By accessing or using any part of the site, you agree to be bound by these Service Terms.
If you do not agree to all the terms of this agreement, you may not visit the website or use the services. If these Service Terms are considered an offer, acceptance is expressly limited to these Service Terms. Any new features or tools added to the current store are also subject to the Service Terms. You can view the most recent version of the Service Terms at any time on this page. We reserve the right to update, change, or replace any part of these Service Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.
Article 1 – Definitions
In these terms, the following definitions apply:
- **Cooling-off period:** The period within which the consumer can exercise their right of withdrawal.
- **Consumer:** The natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
- **Day:** Calendar day.
- **Duration transaction:** A distance contract concerning a series of products/services, the delivery and/or take obligation of which is spread over time.
- **Durable data carrier:** Any means that allows the consumer or entrepreneur to store information addressed personally to them in such a way that future consultation and unchanged reproduction of the stored information is possible.
- **Right of withdrawal:** The possibility for the consumer to withdraw from the distance contract within the cooling-off period.
- **Entrepreneur:** The natural or legal person who offers products and/or services at a distance to consumers.
- **Distance contract:** A contract in the context of a sales system organized by the entrepreneur for distance selling of products and/or services, where, up to and including the conclusion of the contract, only one or more means of distance communication are used.
- **Means of distance communication:** A means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously in the same space.
- **General Terms:** These General Terms of the entrepreneur.
**Article 2 – Identity of the entrepreneur**
Email address: info@parosche.com
Website: www.parosche.nl
**Article 3 – Applicability**
These general terms apply to any offer made by the entrepreneur and any distance contract concluded between the entrepreneur and consumer. Before the distance contract is concluded, the text of these general terms will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms can be inspected at the entrepreneur's premises and will be sent to the consumer as soon as possible upon request and free of charge. If the distance contract is concluded electronically, the text of these general terms can, in deviation from the previous sentence and before the distance contract is concluded, be made available electronically to the consumer in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms can be accessed electronically and that they will be sent to the consumer free of charge at their request, either electronically or in another way. In case specific product or service conditions apply in addition to these general terms, the second and third paragraphs apply accordingly, and the consumer can always invoke the provision that is most favorable to them in case of conflicting general terms. If one or more provisions of these general terms are wholly or partially null and void or declared void, the agreement and these terms will remain in effect for the rest, and the relevant provision will be replaced by a provision that approximates the intent of the original as closely as possible. Situations not covered by these general terms will be assessed in the spirit of these general terms. Ambiguities regarding the explanation or content of one or more provisions of our terms will be interpreted in the spirit of these general terms.
**Article 4 – The offer**
If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer. The offer contains a complete and accurate description of the offered products/services. The description is sufficiently detailed to enable the consumer to make a good assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Apparent mistakes or errors in the offer do not bind the entrepreneur. All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement. Images accompanying products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors correspond exactly to the actual colors of the products. Each offer contains sufficient information for the consumer to clearly understand what rights and obligations are connected to the acceptance of the offer. This particularly concerns: the price, excluding clearance costs and import VAT. These additional costs are at the customer's expense and risk. The postal and/or courier service will use the special scheme for postal and courier services concerning imports. This scheme applies if the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service will collect VAT (possibly together with the clearance costs charged) from the recipient of the goods; any shipping costs; the way the agreement will be concluded and what actions are required for that; whether the right of withdrawal applies; the method of payment, delivery, and execution of the agreement; the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price; the rate for communication at a distance if the costs of using the means of distance communication are calculated on a basis other than the regular base rate for the used communication means; whether the agreement will be archived after conclusion, and if so, how it can be accessed by the consumer; how the consumer can check and, if desired, correct the data provided by them in the context of the agreement before concluding the agreement; any other languages in which, in addition to Dutch, the agreement can be concluded; the codes of conduct to which the entrepreneur has subjected themselves and how the consumer can consult these codes of conduct electronically; and the minimum duration of the distance agreement in case of a duration transaction. Optional: available sizes, colors, types of materials.
**Article 5 – The agreement**
The agreement is established, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set. If the consumer has accepted the offer electronically, the entrepreneur will confirm the receipt of acceptance of the offer electronically without delay. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures. The entrepreneur can, within legal limits, inform themselves whether the consumer can meet their payment obligations, as well as of all facts and factors that are important for a responsible conclusion of the distance agreement. If the entrepreneur has good grounds not to enter into the agreement based on this investigation, they are entitled to refuse a purchase or request, stating reasons, or to attach special conditions to the execution. The entrepreneur will provide the consumer with the following information 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 data carrier:
1. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
2. the conditions under which and the way in which the consumer can use the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
3. information about guarantees and existing after-sales service;
4. the data included in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
5. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration. In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery. Each agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.
**Article 6 – Right of withdrawal**
When purchasing products, the consumer has the possibility to dissolve the agreement without giving any reasons within 14 days. This cooling-off period starts the day after the consumer receives the product or a representative designated by the consumer and known to the entrepreneur. During the cooling-off period, the consumer will handle the product and the packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories and, if reasonably possible, in the original condition
and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. When the consumer wishes to use their right of withdrawal, they are obliged to inform the entrepreneur of this within 14 days of receiving the product. This notification must be made by means of a written message/email. After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example, by means of a proof of shipment. If the customer has not indicated their wish to exercise their right of withdrawal within the time frames mentioned in paragraphs 2 and 3 or has not returned the product to the entrepreneur, the purchase becomes a fact.
**Article 7 – Costs in the event of withdrawal**
If the consumer exercises their right of withdrawal, the costs for returning the products will be borne by the consumer. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal, provided that the product has already been received back by the web shop or that conclusive proof of complete return can be provided.
**Article 8 – Exclusion of the right of withdrawal**
The entrepreneur can 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 entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement. Exclusion of the right of withdrawal is only possible for products:
1. that have been created by the entrepreneur according to specifications of the consumer;
2. that are clearly personal in nature;
3. that, by their nature, cannot be returned;
4. that can spoil quickly or age;
5. whose price is tied to fluctuations in the financial market which the entrepreneur cannot influence;
6. for loose newspapers and magazines;
7. for audio and video recordings and computer software of which the consumer has broken the seal;
8. for hygiene products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
1. regarding accommodation, transport, restaurant business, or leisure activities to be carried out on a specific date or during a specific period;
2. whose delivery has started with the express consent of the consumer before the cooling-off period has expired;
3. regarding bets and lotteries.
**Article 9 – The price**
During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates. In deviation from the previous paragraph, the entrepreneur can offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no influence at variable prices. This dependency on fluctuations and the fact that any prices mentioned are indicative will be stated in the offer. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions. Price increases after 3 months following the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
1. these result from legal regulations or provisions; or
2. the consumer has the authority to terminate the agreement as of the day on which the price increase takes effect. The place of delivery occurs based on Article 5, first paragraph, of the Sales Tax Act 1968 in the country where the transport begins. In this case, this delivery takes place outside the EU. Following this, the postal or courier service will collect import VAT or clearance costs from the recipient of the goods. Consequently, the entrepreneur will not charge VAT. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
**Article 10 – Conformity and Warranty**
The entrepreneur ensures that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also ensures that the product is suitable for use other than normal use. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Return of the products must occur in the original packaging and in new condition. The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products. 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 circumstances or otherwise have been treated carelessly or contrary to the entrepreneur's instructions and/or treated on the packaging;
- The unsoundness is entirely or partially the result of regulations imposed by the government regarding the nature or quality of the applied materials.
**Article 11 – Delivery and execution**
The entrepreneur will exercise the greatest care in receiving and executing orders for products. Subject to the provisions of Article 4 of these general terms, the entrepreneur will 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 only partially executed, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without cost and is entitled to any compensation. In case of dissolution according to the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution. If delivery of a ordered product proves impossible, the entrepreneur will strive to make a substitute item available. No later than at the time of delivery, it will be clearly and understandably indicated that a substitute item is being delivered. For substitute items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative known to the entrepreneur, unless explicitly agreed otherwise.
**Article 12 – Duration transactions: duration, termination, and extension**
**Termination**
The consumer can terminate an agreement that has been entered into for an indefinite period and that aims at the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of at most one month. The consumer can terminate an agreement that has been entered into for a definite period and that aims at the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of at most one month at the end of the definite period. The consumer can terminate the agreements mentioned in the previous paragraphs:
- At any time and not limited to termination at a specific time or in a specific period;
- At least terminate in the same manner as they were entered into;
- Always terminate with the same notice period as the entrepreneur has stipulated for themselves.
**Extension**
An agreement that has been entered into for a definite period and that aims at the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a definite period. In deviation from the previous paragraph, an agreement that has been entered into for a definite period and that aims at the regular delivery of daily, news, and weekly newspapers and magazines may be automatically extended for a definite period of up to three months, provided that the consumer can terminate this extended agreement at the end of the extension with a notice period of at most one month. An agreement that has been entered into for a definite period and that aims at the regular delivery of products or services may only be extended for an indefinite period if the consumer can terminate at any time with a notice period of at most one month and a notice period of at most three months in case the agreement aims at the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines. An agreement of limited duration for the regular trial delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be automatically continued and will terminate automatically at the end of the trial or introductory period.
**Duration**
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 prevent termination before the end of the agreed duration.
**Article 13 – Payment**
Unless otherwise agreed, the amounts owed by the consumer must 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 term starts after the consumer has received confirmation of the agreement. The consumer has the obligation to report inaccuracies in the provided or stated payment details to the entrepreneur without delay. In the event of default by the consumer, the entrepreneur is entitled, subject to legal limitations, to charge the reasonable costs communicated to the consumer in advance.
**Article 14 – Complaints procedure**
Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days in a complete and clearly described manner after the consumer has detected the defects. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a receipt message and an indication of when the
consumer can expect a more detailed response. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure. A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.
**Article 15 – Disputes**
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms apply. This also applies if the consumer resides abroad.
**Article 16 - Contact Information**
Questions regarding the Service Terms can be sent to us at info@parosche.com.