Download general terms and conditions

General Terms and Conditions for Supportshop and Rollator-Active                  1-12-2023

Table of Contents:
Article 1 - Definitions
Article 2 - Identity of the Entrepreneur
Article 3 - Applicability
Article 4 - The Offer
Article 5 - The Agreement
Article 6 - Right of Withdrawal
Article 7 - Costs in Case 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 - Duration Transactions
Article 13 - Payment
Article 14 - Electronic Communication and Proof
Article 15 - Force Majeure
Article 16 - Complaints Procedure
Article 17 - Disputes
Article 18 - Additional or Deviating Provisions

Article 1 - Definitions

In these terms and conditions, the following terms shall have the following meanings:

1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
2. Consumer: a natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Continuous transaction: a distance contract relating to a series of products and/or services, where the obligation to deliver and/or receive is spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information directed personally to them in a way that allows for future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the consumer's ability to refrain from the distance contract within the cooling-off period;
7. Model withdrawal form: the model form for withdrawal provided by the entrepreneur, which a consumer can fill in when they wish to exercise their right of withdrawal.
8. Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
9. Distance contract: a contract where, within the framework of a system organized by the entrepreneur for the distance selling of products and/or services, the conclusion of the contract is made exclusively using one or more techniques for communication at a distance;
10. Technique for communication at a distance: a means that can be used for the conclusion of a contract without the consumer and entrepreneur being simultaneously in the same space.
11. General terms and conditions: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

Supportshop and Rollator-Active
Trade names of EasyLivingProducts B.V.
Address: Achterwetering 18, 2871 RK Schoonhoven
Phone number: 0182 388 622 (working days from 9:00 AM to 5:00 PM)
Email address: info@supportshop.eu
Chamber of Commerce (KvK) number: 24400863
VAT identification number: NL 8210.18.103.B01

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions is 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 and conditions are available for inspection at the entrepreneur's premises and will be sent to the consumer free of charge upon request as soon as possible.
3. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can 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 not reasonably possible, it will be indicated, before the distance contract is concluded, where the general terms and conditions can be consulted electronically and that they will be sent to the consumer electronically or in another manner free of charge upon request.
4. In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply by analogy, and the consumer can always invoke the applicable provision that is most favorable to them in case of conflicting general terms and conditions.
5. If one or more provisions in these general terms and conditions are null and void or are annulled at any time, the agreement and these conditions will remain in force for the remainder, and the relevant provision will be replaced immediately by a provision that approximates the purpose of the original as closely as possible in mutual consultation.
6. Situations not covered by these general terms and conditions should be assessed "in the spirit" of these general terms and conditions.
7. Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted "in the spirit" of these general terms and conditions.
8. All rights and claims stipulated for the benefit of Supportshop in these Conditions and any further agreements are equally stipulated for the benefit of intermediaries and other third parties engaged by Supportshop.

Article 4 - The Offer

1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to allow for a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images, specifications, and data in the offer are indicative and cannot lead to compensation or termination of the agreement.
5. Images accompanying products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
6. Each offer contains information such that it is clear to the consumer what rights and obligations are associated with accepting the offer. This includes, in particular:
   • the price including taxes;
   • any shipping costs;
   • the manner in which the agreement will be concluded and what actions are required for that;
   • whether or not the right of withdrawal applies;
   • the method of payment, delivery, and execution of the agreement;
   • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
   • the amount of the fee for distance communication if the costs of using the communication technology are calculated on a basis other than the regular basic rate for the used means of communication;
   • whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
   • how, before entering into the agreement, the consumer can check and, if desired, correct the information provided by him in the context of 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 himself and the manner in which the consumer can consult these codes of conduct electronically; and
   • the minimum duration of the distance contract in the case of a continuous transaction.

Article 5 - The Agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur immediately confirms the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this.
4. The entrepreneur can, within legal frameworks, inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
5. The entrepreneur will send the consumer the following information regarding 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:
   a. the visiting address of the entrepreneur's establishment where the consumer can address complaints;
   b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
   c. information about warranties and existing after-sales service;
   d. the data included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
   e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. In the case of a continuous transaction, the provision in the previous paragraph only applies to the first delivery.
7. Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 - Right of Withdrawal

For the delivery of products:

1. The consumer has the option to dissolve the agreement without stating reasons for a period of 14 days when purchasing products. This cooling-off period starts on the day after the consumer receives the product or a representative designated by the consumer and made known to the entrepreneur in advance.
2. During the cooling-off period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent necessary to assess whether he wishes to retain the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied 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. If the product is damaged or the packaging is more damaged than is necessary to try the product, we can pass on this depreciation of the product to you. So handle the product with care and ensure that it is properly packaged for return.
3. If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must do this by means of the model form. After the consumer has indicated that he wants to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example, by means of proof of shipment.
4. If the customer has not indicated within the periods mentioned in paragraphs 2 and 3 that he wishes to make use of his right of withdrawal, respectively has not returned the product to the entrepreneur, the purchase is a fact. For the delivery of services:
5. When delivering services, the consumer has the option to dissolve the agreement without stating reasons for at least 14 days, starting on the day of entering into the agreement.
6. To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 - Costs in Case of Withdrawal

1. If the consumer exercises his right of withdrawal, the costs of return shipping are at his expense.
2. If the product is damaged or the packaging is more damaged than necessary to try the product, we may charge you for the depreciation of the product.
3. 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. The condition is that the product has already been received by the online retailer or conclusive proof of complete return can be provided.

Article 8 - Exclusion of the Right of Withdrawal

1. 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 applies only if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
   a. that are created by the entrepreneur in accordance with the consumer's specifications;
   b. that are clearly of a personal nature;
   c. that cannot be returned due to their nature;
   d. that can spoil or age quickly;
   e. whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence;
   f. for single newspapers and magazines;
   g. for audio and video recordings and computer software of which the consumer has broken the seal.
   h. for hygienic products of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
   a. concerning accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
   b. of which the delivery has begun with the express consent of the consumer before the cooling-off period has expired;
   c. concerning bets and lotteries.

Article 9 - The Price

1. During the validity period mentioned 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.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence. The dependence on fluctuations and the fact that any prices mentioned are indicative will be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and: a. they result from legal regulations or provisions; or b. the consumer has the authority to terminate the agreement from the day the price increase takes effect.
5. The prices mentioned in the offer of products or services are in euros, including VAT and excluding shipping costs.
6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

1. The entrepreneur guarantees 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 guarantees that the product is suitable for use other than normal use.
2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's legal rights and claims under the agreement against the entrepreneur.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. The products must be returned in the original packaging and in new condition.
4. The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur 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:
   1. The consumer has repaired or modified the delivered products himself or has had them repaired or modified by third parties;
   2. The delivered products have been exposed to abnormal conditions or otherwise handled negligently or contrary to the instructions of the entrepreneur and/or treated on the packaging;
   3. The defect is wholly or partly the result of regulations that the government has or will impose on the nature or quality of the materials used.

Article 11 - Delivery and Execution

1. The entrepreneur will exercise the utmost care in receiving and executing product orders and assessing requests for the provision of services.
2. The address communicated by the consumer to the company is considered the place of delivery.
3. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders promptly but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or only partially executed, the consumer will be notified of this no later than 30 days after placing the order. In this case, the consumer has the right to dissolve the agreement at no cost. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any specified periods. Exceeding a deadline does not entitle the consumer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible but no later than within 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to make a replacement item available. It will be clearly and comprehensibly communicated at the latest upon delivery that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless expressly agreed otherwise.
8. Supportshop is authorized to use third parties in the execution of your order(s).
9. Reservation of ownership: The ownership of delivered products only transfers when you have fulfilled all obligations owed to Supportshop based on any agreement. The risk with regard to the products transfers to you at the moment of delivery.

Article 12 - Duration Transactions

Termination

1. The consumer can terminate an agreement for an indefinite period, which is aimed at regularly delivering products (including electricity) or services, at any time, taking into account the agreed termination rules and a notice period of up to one month.
2. The consumer can terminate an agreement for a definite period, which is aimed at regularly delivering products (including electricity) or services, at any time at the end of the agreed period, taking into account the agreed termination rules and a notice period of up to one month.
3. The consumer can terminate the agreements mentioned in the preceding paragraphs: o at any time and is not limited to termination at a specific time or during a specific period; o terminate at least in the same way as they were entered into by him; o always terminate with the same notice period as the entrepreneur has stipulated for himself. Extension
4. An agreement for a definite period that aims at regularly delivering products (including electricity) or services may not be tacitly extended or renewed for a certain period.
5. In deviation from the previous paragraph, an agreement for a definite period that aims at regularly delivering day, news, and weekly newspapers and magazines can be tacitly extended for a certain duration of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of up to one month.
6. An agreement for a definite period that aims at regularly delivering products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of up to one month and a notice period of up to three months in case the agreement aims at regularly, but less than once a month, delivering day, news, and weekly newspapers and magazines.
7. An agreement with limited duration for the regular delivery of day, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the end of the trial or introductory period.
   
   Duration
8. If an agreement has a duration of more than one year, the consumer can terminate the agreement at any time after one year, with a notice period of up to one month, unless reasonableness and fairness oppose termination before the agreed duration ends.

Article 13 - Payment

1. Payment must be made in advance via a bank transfer, iDeal, credit card, or PayPal. Cash payment is only possible when the product is picked up.
2. Goods will only be shipped when the due amount has been credited to our bank account or when we have received the cash payment.
3. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
4. The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
5. In the event of consumer default, the entrepreneur, subject to legal limitations, has the right to charge the consumer reasonable costs previously communicated to the consumer.

Article 14 - Electronic Communication and Proof

1. For misunderstandings, mutilations, delays, or improper delivery of data and messages resulting from the use of the Internet or any other means of communication in the interaction between the Customer and Supportshop (or third parties engaged by the Customer), Supportshop is not liable, unless there is intent or gross negligence on the part of Supportshop.
2. The administration of Supportshop serves as full proof of the existence, content, and execution of the agreement with the Customer in any legal proceedings, subject to rebuttal by the party relying on the fact that the evidence is not reliable.

Article 15 - Force Majeure

1. Without prejudice to its other rights, in case of force majeure, Supportshop has the right to either suspend the execution of your order or dissolve the agreement without judicial intervention, at its own discretion, by notifying you in writing. Supportshop is not obligated to pay any damages unless, under the given circumstances, it would be unacceptable according to standards of reasonableness and fairness.
2. Force majeure is understood to mean any shortcoming that cannot be attributed to Supportshop because it is not due to its fault and does not come for its account under the law, legal act, or prevailing opinions.

Article 16 - Complaints Procedure

1. The entrepreneur has a sufficiently disclosed complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a receipt confirmation and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved through mutual consultation, a dispute arises that is subject to dispute resolution.
5. In case of complaints, a consumer must first turn to the entrepreneur. In cases where complaints cannot be resolved through mutual consultation, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate for free. If a solution is still not reached, the consumer has the option to have his complaint handled by the European ODR platform; its decision is binding, and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this dispute resolution committee incurs costs that must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 17 - Disputes

1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

Article 18 - Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier