Terms and conditions

Contents

1. Definitions
2. Identiteit of the enterpreneur
3. Applicability
4. The offer
5. The agreement
6. Revocation right
7. Obligations of the consumer during the consideration period
8. Exercise of the revocation right by the consumer and the costs thereof
9. Obligations of Aero wear B.V. with revocations
10. Exclusion of revocation right
11. The price
12. Compliance and additional warranty
13. Delivery and execution
14. Payment
15. Complaints
16. Disputes
Annex I: Model form for revocation

Article 1 – Definitions

These terms and conditions include:

  1. Additional Agreement: an agreement whereby the consumer acquires products, digital content and / or services in connection with a remotely made agreement and these matters, digital content and / or services delivered by Aero wear B.V. or by a third party on the basis of an agreement between that third party and Aero wear B.V .;
  2. Consideration period: the time period in which the consumer has the possibility to use the revocation right.;
  3. Consumer: The natural person who does not trade for purposes related to his-her commercial, business, craft or professional activity;
  4. Day: calendar day;
  5. Digital content: data that is produced and delivered in digital form.;
  6. Duration agreement: an agreement that provides for the regular delivery of business, services and / or digital content for a certain period of time;
  7. Sustainable data carrier: any tool – including email – that allows the consumer or entrepreneur to store information that is personalized to him in a manner that allows future consultation or use for a time-matched purpose for which the information is intended and which allows for unmodified reproduction of the stored information;
  8. Revocation right: the possibility for the consumer to refrain from the agreement made remotely within the conceivable period;
  9. Aero wear B.V./the entrepeneur: the natural or legal person who offers (access to) digital content and / or remote services to consumers;
  10. Distance contract: an agreement between Aero wear B.V. and the consumer is made within the framework of an organized remote marketing system for remote sales of products, digital content and / or services, for which up to the point of making an agreement a technology for performing remote communications is used;
  11. Model form for revocation: the European Model Form for Revocation set out in Annex I of these Terms and Conditions;
  12. Remote communication technology: a means that can be used to conclude an agreement without the need for consumer and entrepreneur to be in the same space at the same time;
Article 2 – Identity of the entrepeneur

Aero wear B.V.
Michael van der Mei
Hanzeplein 60
9713 GW Groningen
E-mail address: m.vandermei@aero-wear.com
Trade Register of the Chamber of Commerce number: 68621779
VAT number: NL857522942B01

Article 3 – Applicability
  1. These terms and conditions apply to any offer of Aero wear B.V. and for each established agreement between Aero wear B.V. and consumer.
  2. Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, Aero wear B.V. will indicate how the terms and conditions of Aero wear B.V. can be consulted before the distance contract is concluded, and that the terms and conditions on request of the consumer can be send to them free of charge as soon as possible.
  3. If the distance contract is concluded electronically, by way of derogation from the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is impractical, then before the distance contract is concluded, it will be made aware where the terms and conditions can be consulted through electronic means, and that they on request of the consumer can be send to them electronically or otherwise free of charge.
  4. In the event that, in addition to these general terms and conditions, specific product or service terms apply, the second and third paragraphs apply mutatis mutandis and, in the event of contradictory terms, the consumer may always rely on the applicable provision that is most favorable to him/her.
  5. If one or more provisions in these Terms and Conditions are at any time wholly or partially void or destroyed, the agreement and the rest of the terms for the remainder remain intact and the relevant provision shall be replaced in mutual agreement by a provision that extends with the original as far as possible.
  6. Situations not governed by these terms and conditions must be evaluated ‘in spirit of’ of these terms and conditions.
  7. Uncertainties about the explanation or content of one or more terms of our terms should be explained ‘in spirit of’ these terms and conditions.
Article 4 – The Offer
  1. If an offer has a limited period of validity or is subject to conditions, this is explicitly stated in the offer.
  2. The offer is non-binding. The entrepreneur is entitled to change and modify the offer.
  3. The offer contains a complete and accurate description of the products, digital content and / or services offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. When Aero wear B.V. uses images, they are a true representations of the offered products, services and/or content. Apparent mistakes or manifested errors in the offer do not bind the entrepreneur.
  4. All images, specifications data in the offer are indicative and can not give rise to compensation or termination of the agreement.
  5. Images on products are a true representation of the products offered. The entrepreneur can not guarantee that the displayed colors exactly match the true colors 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 includes:
    • The price, including VAT;;
    • Transport fees;
    • How the agreement will be met and what actions are needed for this;
    • If the revocation right is applicable;
    • Payment methods, transport and the implementation methods of the agreement;
    • The length of the period in which the consumer can decide if the consumer wants to buy the product or the period in which Aero wear B.V. determines the price;
    • The amount of the remote communication fee if the cost of using remote communication technology is calculated on a different basis from the regular base rate for the means of communication used;
    • Whether the agreement is archived, and if so, how it can be consulted by the consumer;
    • Where the consumer can find information on his/her purchases;
    • The way in which the consumer can obtain information about the data he/she has given for setting up the agreement, but also how he/she can recall this data before the agreement has been completed;
    • The languages in which the agreement will appear;
    • The behavioral conditions to which Aero wears B.V. should be kept and where the consumer can find these terms electronically;
    • The minimum duration of an agreement when it comes to an agreement in which the agreement is for a certain period of time.
Article 5 – The agreement
  1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance of the offer by the consumer and compliance with the conditions attached thereto.
  2. If the consumer has accepted the offer by electronic means, Aero wear B.V. will acknowledge receiving the acceptance of the offer by electronic means. As long as the receiving of this acceptance of the offer is not confirmed by the entrepreneur, the consumer can terminate the agreement.
  3. If the agreement is established electronically, Aero wear B.V. will take appropriate technical and organizational measures to secure electronic data transmission and ensure a secure web environment. If the consumer can pay electronically, Aero wear B.V. will take appropriate safety measures for this.
  4. Aero wear B.V. can inform himself of whether the consumer is able to meet his payment obligations, as well as all the facts and factors that are relevant for responsibly taking agreement in the distance contract. If Aero wear B.V. based on this investigation, has good grounds for not entering into the agreement, he is entitled to refuse an order or request or to impose special conditions on the agreement.
  5. Aero wear B.V. shall at the latest with the delivery of the product, service or digital content to the consumer, provide the following information, in writing or in such a way as to be accessible by the consumer in a manner as for it to be saved on a a sustainable data carrier:
    • Contact details of Aero wear B.V. where the customer can send any complaints to;
    • the conditions under which and the manner in which the consumer may make use of the right of revocation or a clear notification of the exclusion of the right of revocation;
    • the information about guarantees and existing post-purchase service;
    • the price including all taxes on the product, service or digital content; where applicable, the cost of delivery; and the manner of payment, delivery or execution of the distance contract;
    • The terms for termination of the agreement if the agreement lasts for more than one year or is of indefinite duration;
    • If the consumer has a revocation right, the model form for revocation.
  6. In the event of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
  7. Any agreement is entered under the suspensive conditions of sufficient availability of the products in question.
Article 6 – Revocation right

On delivery of products:

  1. The consumer may terminate a contract for a purchase of a product within a consideration period of at least 14 days without giving any reason. Aero wear B.V. may ask the consumer for the reason for termination of the purchase contract, but may not oblige them to state their reasons.
  2. The in paragraph 1 stated consideration period starts on the day the consumer, or a by the consumer appointed third party who is not the transporter, has received the product, or:
    • if the consumer has ordered multiple products in the same order: the day the consumer, or a third party designated by him, has received the last product. The entrepreneur may, if he has informed the consumer clearly in advance of the ordering process, refuse an order of multiple products with a different delivery time.
    • if the delivery of a product consists of different consignments or parts: the date on which the consumer, or a third party designated by him/her, received the last consignment or the last item.
    • for regular delivery of products for a specified period: the date on which the consumer, or a third party designated by him, received the first product.
  3. During the consideration period, the consumer will carefully handle the product and the packaging. He will only extract or use the product to the extent that it is necessary to assess whether he/she wishes to keep the product. If he/she makes use of his/her revocation right, he/she will return the product with all supplied accessories and – if reasonably possible – to the vendor in the original condition and packaging with accessories such as labels and tags in accordance with the reasonable and clear instructions provided by the vendor.
  4. In order to use his/her revocation right, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the time of delivery.
Article 7 – Obligation of the consumer during the consideration period
  1. During the consideration period, the consumer will carefully handle the product and the packaging. He will only extract or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point here is that the consumer can only handle and inspect the product as he/she would do in a physical store.
  2. The consumer is solely responsible for impairment of the product resulting from a way of dealing with the product beyond that allowed in paragraph 1.
  3. The consumer is not liable for impairment of the product if the entrepreneur has not provided him with all statutory mandatory information on the right of revocation before or upon the conclusion of the agreement.
Article 8 – Exercise of the revocation right by the consumer and the costs thereof
  1. If the consumer makes use of his/her right of revocation, he/she will report this within the consideration period of 14 days by means of the model form for revocation or other unambiguous procedure to Aero wear B.V..
  2. As soon as possible, but within 14 days of the day following the notification referred to in paragraph 1, the consumer sends the product back, or transfers it over to (an authorized representative of) Aero wear B.V.. This does not need to be if Aero wear B.V. has offered to pick up the product itself. In any case, the consumer must comply with the return period, and return the product before the period has expired.
  3. The consumer will return the product with all supplied accessories, if reasonably possible in original condition and packaging, and in accordance with the Aero wear B.V. provided reasonable and clear instructions.
  4. The risk and burden of proof for the right and timely exercise of the right of revocation lies with the consumer.
  5. The consumer carries the direct cost of returning the product. If Aero wear B.V. has not reported that the consumer has to bear these costs or if Aero wear B.V. indicates to bear the cost itself, the consumer does not have to bear the costs of returning the product.
  6. If the consumer makes use of his/her right of revocation, all additional agreements are terminated by law.
  7. If, after the expiry of the periods referred to in paragraphs 1 and article 6, paragraph 2, the consumer has not notified his right of revocation or the product has not returned to the entrepreneur, the sale is a fact.
Article 9 – Obligations of Aero wear B.V. with revocations
  1. If the entrepreneur makes the notification of revocation possible by electronic means, the entrepreneur will send an acknowledgement of receipt of the revocation notice immediately after receiving the notification.
  2. The entrepreneur will reimburse all payments made by the consumer, excluding any delivery costs incurred by the entrepreneur for the returned product, without delay but within 30 days following the date on which the consumer reports the revocation. Unless the entrepreneur offers to pick up the product him/herself, he/she may wait for repayment until he/she has received the product or if the consumer demonstrates that he/she has send the product back, whichever is earlier.
  3. The entrepreneur uses the same payment method to refund the consumer as the consumer used to initially pay with, unless the consumer agrees with another method. The refund is free for the consumer.
  4. When the consumer has paid, Aero wear B.V. shall return this money as soon as possible, no later than 30 days after the goods have been exchanged or after the revocation.
  5. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to pay back the additional cost for the more expensive method.
Article 10 – Exclusion of revocation right
  1. Aero wear B.V. may exclude the following products and services from the right of withdrawal, but only if Aero wear B.V has clearly stated this in the offer, or at least in time before the conclusion of the agreement.
  2. Products or services whose price is subject to fluctuations in the financial market on which the entrepreneur has no influence and which may occur within the period of revocation.
  3. Exclusion of revocation right is possible for hygienic reasons for products if the consumer has broken the seal, such as underwear and swimwear. In this case, what needs to be considered are aspect like removing the product from the packaging and trying on of underwear or swimwear, or other items that may come into contact with genitals. Such goods can no longer be sold by the entrepreneur when they are removed from the packaging and/or are tried on.
Article 11 – The price
  1. During the period of validity of the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
  2. By way of derogation from the previous paragraph, Aero wear B.V. can offer products or services at variable prices if these prices are subject to fluctuations in the financial market where Aero wear B.V. does not have any influence on. This range of fluctuations and the fact that any prices quoted are target prices are stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are permitted only if they result from statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only allowed if Aero wear B.V. has stated this and:
  5. These are due to statutory regulations or provisions; or
  6. the consumer has the power to terminate the agreement as of the date of the price increase.
  7. The prices mentioned in the offer of products or services include VAT.
  8. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In case of errors and mistakes, the entrepreneur is not required to deliver the product according to the wrong price.
Article 12 – Compliance and additional warranty
  1. Aero wear B.V ensures that the products and/or services comply with the agreement, the in the offer specified specifications, the reasonable requirements of validity and/or usability and the on the date of the conclusion of the agreement existing legal provisions and/or government regulations. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
  2. A by Aero wear B.V., its service providers, manufacturer or importer provided additional warranty never limits the legal rights and advances that the consumer may incur against Aero wear B.V. under the agreement if Aero wear B.V. has failed to comply with his part of the agreement.
  3. Supplementary Warranty is understood to mean any commitment of the entrepreneur, its supplier, importer or producer in which it grants to the consumer certain rights or claims that go beyond what is legally obligatory in the event of failure to comply with its part of the agreement .
  4. The warranty period is the same as the factory warranty period. Aero wear B.V. is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
  5. The warranty does not apply if:
    • The consumer has repaired and/or edited the products themselves or has been repaired and/or edited by third parties;
    • The products delivered have been exposed to abnormal conditions or otherwise treated without proper care or contrary to the instructions of the entrepreneur and/or as displayed on the package;
    • The invalidity is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
Article 13 -Delivery and execution
  1. Aero wear B.V. will take the utmost care when receiving and carrying out orders for products and evaluating applications for services.
  2. The place of delivery is the address that the consumer has made known to Aero wear B.V..
  3. With due regard to what is stated in Article 4 of these terms and conditions, Aero wear B.V. will accept and process orders at a prompt speed, but no later than 30 days, unless another delivery date has been agreed. If delivery is delayed, or if an order can not be executed, or only partially, the consumer will receive a message within 30 days of placing the order. In that case, the consumer has the right to terminate the agreement without charge and the right to any compensation.
  4. After dissolution in accordance with the previous paragraph, Aero wear B.V. will refund the amount paid by the consumer without delay.
  5. All delivery terms are indicative. No rights can be reserved from any of the indicated time limits. Exceeding a time limit does not entitle the consumer to any compensation.
  6. The risk of damage and/or loss of products rests with Aero wear B.V. until the time of delivery to the consumer or a pre-designated authorized representative who was made known to Aero wear B.V., unless explicitly agreed otherwise.
ArtiCle 14 – Payment
  1. Unless otherwise specified in the agreement or additional terms, the amounts owed by the consumer must be paid within 14 days after the commencement of the consideration period, or in the absence of a consideration period within 14 days after the agreement has been made. In the case of an agreement to provide a service, this term will commence on the day after the consumer has received the confirmation of the agreement.
  2. When selling products to consumers, the consumer may never be required to pay more than 50% in advance. When prepayment is to be made, the consumer can not claim any right regarding the execution of the relevant order or service (s) before the prepaid payment has taken place.
  3. Consumers are obliged to immediately report inaccuracies in provided or reported payment information to Aero wear B.V..
  4. If the consumer fails to meet his payment obligation(s) in good time, and Aero wear B.V. has pointed out that the payment has not yet been received and the entrepreneur has given the consumer a 14-day period to meet his/her payment obligations, and still after this 14 day period no payment has yet to be received, the amount owed is due to statutory interest and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. This collection fee amounts to a maximum of 15% on outstanding amounts to € 2500,-; 10% over the next € 2500,- and 5% over the next € 5000,- with a minimum of € 40,-. The entrepreneur may deviate from the amounts and percentages for the benefit of the consumer.
Artikel 15 – Complaints
  1. Aero wear B.V. has a sufficiently well-known complaints procedure and deals with the complaint in accordance with this complaint procedure.
  2. Complaints about the execution of the agreement must be submitted in full and clearly within 7 days after the consumer has identified the shortcomings.
  3. At Aero wear B.V. Complaints submitted are answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Aero wear B.V. will respond within the 14 days with a notice of receipt and an indication when consumers can expect a more comprehensive response.
  4. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises which is susceptible to the dispute settlement.
  5. In case of complaints, a consumer must first contact the entrepreneur. In case of complaints that can not be resolved by mutual agreement, consumers should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will be mediated free of charge. Should there not be a solution, the consumer has the opportunity to handle his complaint by Stichting GeschilOnline (www.geschilonline.com), the verdict of which is binding and both the entrepreneur and the consumer agree with this binding verdict. The dispute resolution of this dispute committee involves costs that the consumer has to pay to the relevant committee. It is also possible to report complaints via the European ODR platform (http://ec.europa.eu/odr).
  6. A complaint does not suspend the obligations to the entrepreneur unless the entrepreneur indicates otherwise in writing.
  7. If a complaint is found to be sound by the entrepreneur, the entrepreneur will to its preference either replace or repair the goods delivered without additional costs.
Article 16 – Disputes
  1. For agreements between Aero wear B.V. and the consumer to which these terms and conditions apply to, only Dutch law applies. Even if the consumer is living abroad.
Annex I: Model form for revocation

(Complete and return this form only when you want to revoke an agreement)

To:
Aero wear B.V.
Hanzeplein 60, 9713 GW Groningen
E-mail address: info@aero-wear.com
– I/We* hereby declare to you, that I/we* revoke our agreement with regards to the purchase of the following products : [indicate the product(s)] *

– Ordered on*/delivered on* [date for order of services or date when received for products]

– [Name consumer(s)]*

– [Address consumer(s)]*

– [Signature consumer(s)] (only when this form is submitted on paper)*

* Delete what does not apply or complete what is applicable.