Terms of service

Terms and Conditions of Aurafuel

Table of Contents

Definitions
Identity of the Entrepreneur
Applicability
The Offer
The Agreement
Right of Withdrawal
Costs in Case of Withdrawal
Exclusion of Right of Withdrawal
The Price
Conformity and Warranty
Delivery and Execution
Duration Transactions: Duration, Termination, and Renewal
Payment
Complaints Procedure
Disputes
Additional or Deviating Provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Cooling-off Period: The period during 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 and/or services, the delivery and/or purchase obligation of which is spread over time.
Durable Data Carrier: Any means that enables the consumer or entrepreneur to store information directed to them personally in a way that allows future consultation and unchanged reproduction of the stored information.
Right of Withdrawal: The possibility for the consumer to waive the distance contract within the cooling-off period.
Model Withdrawal Form: The model form provided by the entrepreneur that a consumer can fill in when they wish to exercise their right of withdrawal.
Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.
Distance Contract: A contract concluded between the entrepreneur and the consumer under an organized system for distance selling of products and/or services, using one or more means of distance communication up to and including the conclusion of the contract.
Technology for Distance Communication: Means that can be used to conclude a contract, without the consumer and entrepreneur being in the same place at the same time.
General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

Aurafuel Staalsteden 4-3, 7547TA Enschede, The Netherlands

Email: info@myaurafuel.com

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions 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 and conditions can be viewed at the entrepreneur's premises and will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, 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 viewed electronically and that they will be sent free of charge electronically or otherwise upon request.
If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer can always rely on the most favorable provision in case of conflicting conditions.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions will remain in effect for the rest, and the relevant provision will be replaced in mutual consultation by a provision that approximates the original as much as possible.
Situations not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be explained 'in the spirit' of these general terms and conditions.

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 adjust the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow 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 obvious 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 true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- The price including taxes;
- Any possible shipping costs;
- The manner in which the agreement will be concluded and which actions are necessary for this;
- Whether or not the right of withdrawal applies;
- The method of payment, delivery, and execution of the agreement;
- The term for accepting the offer, or the term within which the entrepreneur guarantees the price;
- The level of the tariff for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the used means of communication;
- Whether the contract is archived after its conclusion, and if so, how it can be consulted by the consumer;
- The way in which the consumer, before concluding the contract, can check and, if necessary, correct the data provided by them in the context of the contract;
- Any other languages in which, besides Dutch, the contract can be concluded;
- The codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
- The minimum duration of the distance contract in the case of a duration transaction.

Article 5 - The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the associated conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm 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.
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 frameworks, inform himself whether the consumer can fulfill 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 reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
The entrepreneur will provide the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
- The visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
- The conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- The information about guarantees and existing service after purchase;
- The data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
- The requirements for terminating 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 only applies to the first delivery.
Each agreement is entered into under the suspensive conditions of sufficient availability of the respective products.

Article 6 - Right of Withdrawal

Upon delivery of products:

When purchasing products, the consumer has the option to dissolve the agreement without stating reasons for 14 days. This reflection period starts on the day after receiving the product by the consumer or a representative designated by the consumer and announced to the entrepreneur.
During the reflection 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 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.
If the consumer wishes to use their right of withdrawal, they are obliged to notify the entrepreneur within 14 days after receiving the product. The consumer must make this known using the model form or another means of communication such as email. After the consumer has expressed their wish to use 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 proof of shipment.
If the customer has not expressed their wish to use their right of withdrawal within the terms stated in paragraphs 2 and 3, or if the product has not been returned to the entrepreneur, the purchase is a fact.

Upon delivery of services:

When providing 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.
To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest upon delivery.

Article 7 - Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, at most the costs of returning the goods 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. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be provided. Refunds will be made via the same payment method used by the consumer unless the consumer expressly agrees to a different payment method.
In the event of damage to the product due to careless handling by the consumer, the consumer is liable for any depreciation of the product.
The consumer cannot be held liable for depreciation of the product when the entrepreneur has not provided all legally required information about the right of withdrawal. This must be done before the conclusion of the purchase agreement.

Article 8 - Exclusion of 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 time for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
- That have been created by the entrepreneur according to the consumer's specifications;
- That are clearly personal in nature;
- That cannot be returned due to their nature;
- That can spoil or age quickly;
- Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- For individual newspapers and magazines;
- For audio and video recordings and computer software of which the consumer has broken the seal;
- For hygienic products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
- Concerning accommodation, transport, restaurant business, or leisure activities to be carried out on a specific date or during a specific period;
- Whose delivery has begun with the express consent of the consumer before the cooling-off period has expired;
- Concerning 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.
Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any mentioned prices are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- They result from statutory regulations or provisions; or
- The consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the statutory 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 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.
All products come with a statutory warranty. The duration of the statutory warranty may vary depending on the nature of the product.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after discovery of the defect.
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 conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
- The inadequacy is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

The entrepreneur will take 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 made known to the company.
Subject to what is stated in paragraph 4 of this article, the company 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 the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
All delivery periods are indicative. No rights can be derived from any stated periods. Exceeding a period does not entitle the consumer to compensation.
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 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will strive to make a replacement article available. At the latest at the time of delivery, it will be clearly and comprehensibly stated that a replacement article is being delivered. For replacement articles, 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 pre-designated representative announced to the entrepreneur unless expressly agreed otherwise.

Article 12 - Duration Transactions: Duration, Termination, and Renewal

Termination:

The consumer can terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time, with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer can terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time at the end of the definite period, with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer can terminate the agreements mentioned in the previous paragraphs:
- At any time and is not limited to termination at a specific time or in a specific period;
- At least in the same way as they were entered into by the consumer;
- Always terminate with the same notice period that the entrepreneur has stipulated for themselves.

Renewal:

An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, cannot be tacitly renewed or extended for a definite period.
In deviation from the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a definite period of no more than three months if the consumer can terminate this renewed agreement at the end of the renewal with a notice period of no more than one month.
An agreement entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and ends automatically after the trial or introductory period.

Duration:

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 no more than one month unless reasonableness and fairness oppose 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 start of the cooling-off period 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 confirmation of the agreement.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
In the event of default by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has discovered 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 foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
In case of complaints, a consumer should first turn to the entrepreneur. If the web store is affiliated with WebwinkelKeur and complaints that cannot be resolved by mutual agreement, the consumer should turn to WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check if this web store has an ongoing membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution still cannot be reached, the consumer has the option to have their complaint handled by the independent disputes committee appointed by WebwinkelKeur, the decision of which is binding and both entrepreneur and consumer agree to this binding decision. Submitting a dispute to this disputes committee incurs costs that the consumer must pay to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
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 replace or repair the delivered products free of charge at their discretion.

Article 15 - Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. This also applies if the consumer resides abroad.
The Vienna Sales Convention does not apply.

Article 16 - Additional or Deviating Provisions

Additional provisions or provisions deviating 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 they can be stored by the consumer in an accessible manner on a durable data carrier.