General Terms and Conditions

Table of contents:

Article 1 - Definitions

Article 2 - Identity of the trader

Article 3 - Applicability

Article 4 - The offer

Article 5 - The contract

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 - Execution and guarantee

Article 11 - Delivery and execution

Article 12 - Forward transactions: duration, termination and extension

Article 13 - Payment

Article 14 - Complaints

Article 15 - Disputes

Article 16 - Additional or different provisions



Article 1 - Definitions

In these conditions the following terms have the following meaning

(1) "period of grace": the period of time in which the consumer can make use of the right of withdrawal

(2) "consumer" means a natural person who is not acting in the course of a profession or business and who concludes a distance contract with the trader

(3) 'day' means a calendar day

(4) 'continuing performance contract' means a distance contract concerning a series of products and/or services for which the obligation to supply and/or purchase is spread over time

(5) 'durable medium' means any instrument which enables the consumer or the trader to store information addressed personally to him in a way making it possible for future reference and unchanged reproduction of the information stored

(6) 'right of withdrawal' means the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

(7) 'trader' means any natural or legal person offering goods and/or services to consumers from a distance

(8) 'distance contract' means a contract for the exclusive use of one or more means of distance communication under an organised distance sales scheme for goods and/or services run by the trader, up to and including the time at which the contract is concluded

(means of distance communication which may be used for the conclusion of the contract without the consumer and the trader being in the same place at the same time.

Article 2 - Identity of the trader

ADNAN AWES LTD - Ezuby
Company No: 14039492

Old Gloucester Street 27,
WC1N 3AX, London, UK

contact@ezuby-store.com

Article 3 - Applicability

(1) These Terms and Conditions apply to any offer made by the trader and to any distance contract concluded between the trader and the consumer.

(2) Prior to the conclusion of the distance contract, the text of these general conditions shall be made available to the consumer. If this is not reasonably possible, it shall be stated before the distance contract is concluded that the general conditions may be inspected at the trader's premises and that they shall be sent free of charge to the consumer, at his request, as soon as possible. 3. The general terms and conditions shall be sent free of charge to the consumer, at his request, as soon as possible.

3. Notwithstanding the previous paragraph, if the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer prior to the conclusion of the distance contract, electronically and in such a way that it can easily be stored by the consumer on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance selling agreement, it shall be indicated where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in some other way. 4. The general terms and conditions shall be sent electronically or otherwise free of charge at the consumer's request.

4. In case specific product- or service conditions apply in addition to these general conditions, the paragraphs 2 and 3 apply accordingly and the consumer can always appeal to the most favorable provision in case of conflicting general conditions.

Article 4 - The offer

1. If an offer has a limited period of validity or is made subject to conditions, this must be explicitly stated in the offer.

2. The offer contains a complete and accurate description of the products and/or services offered. The description must be sufficiently detailed for the consumer to be able to assess the offer adequately. If the trader uses pictures, they are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the trader. 3.

3. Each offer contains such information that it is clear to the consumer which rights and obligations are attached to the acceptance of the offer. This concerns in particular:

o the price including taxes;

o the possible costs of delivery

o the manner in which the agreement will be concluded and the actions required for its conclusion

o the question of whether or not the right of withdrawal is applicable;

o the method of payment, delivery and implementation of the agreement;

o the period for accepting the offer or the period within which the trader guarantees the price;

o the amount of the tariff for distance communication, if the costs of using the technique for distance communication are calculated on a basis other than the normal basic tariff for the technique used;

o whether the contract is filed after its conclusion and, if so, how it can be consulted by the consumer;

o the manner in which the consumer may, before concluding the contract, verify the information provided by him in the context of the contract and, if he so wishes, correct it;

o any other languages besides Dutch in which the agreement can be concluded;

o the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and

o the minimum duration of the distance contract in the event of a longer transaction.

Article 5 - The contract

1. Notwithstanding the provisions of paragraph 4, the contract is concluded at the time when the consumer accepts the offer and meets the conditions laid down therein.

(2) If the consumer has accepted the offer electronically, the trader shall without delay acknowledge receipt of the acceptance of the offer electronically. As long as the trader has not confirmed receipt of this acceptance, the consumer may terminate the contract. 3.

If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to protect the electronic transmission of data and shall ensure a secure internet environment. If the consumer has the possibility to pay electronically, the trader shall take appropriate security measures. 4.

The trader may obtain information - within the limits of the law - about the consumer's ability to fulfil his payment obligations, as well as about all those facts and factors which are important for the responsible conclusion of the distance contract. If, on the basis of this research, the trader has good reason not to enter into the contract, he is entitled to refuse an order or application or to attach special conditions to its implementation. 5. The trader can, in deviation from paragraph 1, only execute the contract under the conditions set out in paragraphs 1 and 2.

5. the trader will provide the consumer with the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier

a. the address of the trader's business location where the consumer can lodge complaints;

b. the conditions on which and the way in which the consumer may exercise his right of withdrawal, or a clear statement of the exclusion of the right of withdrawal;

c. the information on guarantees and the existing after-sales service;

d. the information contained in Article 4 (3) of these Terms and Conditions, unless the trader has already provided this information to the consumer prior to the conclusion of the contract;

e. the conditions for terminating the contract if the contract has a duration of more than one year or for an indefinite period of time.

6. in case of a fixed-term contract, the provisions of the previous paragraph apply only to the first delivery.

Article 6 - Right of withdrawal

1. When purchasing products, the consumer has the possibility of dissolving the contract, without giving reasons, during a period of 14 days. This cooling off period commences on the day after the consumer or a previously designated by the consumer and the entrepreneur representative has received the product.

2. During the cooling-off period the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and, as far as reasonable, in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

Article 7 - Costs in case of withdrawal

1. If the consumer makes use of his right of withdrawal, he shall only be responsible for the costs of returning the goods.

2. If the consumer has paid an amount, the trader shall reimburse that amount as soon as possible and in any event not later than 30 days from the day on which the goods were returned or withdrawn.

Article 8 - Exclusion of the right of withdrawal

(1) The trader may exclude the consumer from the right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal shall only apply if the trader clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract.

2. The exclusion of the right of withdrawal is only possible for products

a. that have been manufactured by the trader in accordance with the consumer's specifications;

b. which are clearly of a personal nature

c. that cannot be returned due to their nature

d. which spoil or age rapidly

e. whose price depends on fluctuations in the financial market over which the trader has no influence

f. for individual newspapers and magazines

g. audio and video recordings and computer software of which the seal has been broken by the consumer.

3. The exclusion of the right of withdrawal is only possible for services

a. which are related to accommodation, transport, hospitality or leisure activities to be provided on a certain day or during a certain period of time

b. the supply of which commenced, with the express consent of the consumer, before the expiry of the withdrawal period;

c. relating to betting and lotteries.


Article 9 - The price

1. During the validity period mentioned in the offer, the prices of the products and/or services offered shall not be increased, except for price changes due to changes in VAT rates.

2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the entrepreneur's control, at variable prices. The fluctuations and the fact that the given prices are target prices will be mentioned in the offer.

3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legal regulations or provisions.

4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:

a. they result from statutory provisions; or

b. the consumer is entitled to terminate the contract on the day on which the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.

Article 10 - Compliance and warranty

(1) The entrepreneur guarantees that the products and/or services comply with the contract, with the specifications stated in the offer, with reasonable requirements of reliability and/or serviceability and with the existing statutory provisions and/or government regulations on the date that the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use. 2.

2. A guarantee from the trader, the manufacturer or the importer does not affect the legal rights and claims which the consumer may assert against the trader on the basis of the contract.Article 11 - Delivery and implementation

(1) The company will take the greatest possible care when receiving and executing product orders and in assessing applications for the provision of services.

(2) The place of delivery is the address that the consumer has given to the company.

3. With due observance of that which is stated in article 4 of these general terms and conditions, the company shall execute accepted orders with convenient speed but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this within 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without any penalty and without any right to compensation.

4. in case of termination in accordance with the previous paragraph, the operator will refund the amount received by the consumer as soon as possible, but no later than 30 days after termination.

5. if the delivery of an ordered product turns out to be impossible, the operator will make an effort to deliver a replacement article. The fact that a replacement article is being delivered shall be stated clearly and intelligibly, at the latest upon delivery. The right of withdrawal cannot be excluded in the case of replacement articles. The costs of the return shipment shall be borne by the entrepreneur. 6.

The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a previously designated and announced representative of the entrepreneur, unless otherwise expressly agreed.


Article 12 - Transactions with a longer duration: duration, termination and extension

Termination

1. the consumer may at any time terminate a contract that has been concluded for an indefinite period of time and that extends to the regular delivery of products (including electricity) or services, subject to the agreed termination rules and a maximum notice of one month.

2. the consumer may contract for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term denounce the applicable termination rules and a notice not exceeding one month.

3. The consumer can terminate the agreements referred to in the previous paragraphs:

o terminate them at all times and not be limited to termination at a specific time or within a specific period;

o terminate them in at least the same way as he concluded them

o always terminate them with the same notice period as that set by the trader for himself.

Extension

(4) A fixed-term contract for the regular supply of goods (including electricity) or services may not be tacitly extended or renewed for a fixed term.

(5) Notwithstanding the preceding paragraph, a contract concluded for a definite period and concerning the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a definite period not exceeding three months if the consumer can terminate the renewed contract at the end of the renewal period with a period of notice not exceeding one month.

(6) A fixed-term contract that covers the regular supply of goods or services may only be tacitly renewed for an indefinite period of time if the consumer may terminate the contract at any time with a notice period of up to one month and with a notice period of up to three months if the contract covers the regular, but less than monthly, supply of daily newspapers, newsagents and weekly newspapers.

7. a fixed-term contract for the regular and introductory delivery of daily newspapers and weekly magazines (trial or introductory subscription) shall not be tacitly continued and shall end automatically upon expiry of the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract at any time after the end of one year with a notice of up to one month, unless reasonableness and fairness resisting the termination before the expiry of the agreed term.Article

13 - Payment

(1) Unless otherwise agreed, the amounts payable by the consumer shall be paid within 14 days after the start of the reflection period as referred to in Article 6 (1). In case of an agreement concerning the provision of a service, this period shall start after the consumer has received the confirmation of the agreement.

2. When selling products to consumers, an advance payment of more than 50% may never be stipulated in the general terms and conditions. If an advance payment is stipulated, the consumer cannot invoke any right regarding the execution of the order or service(s) in question before the stipulated advance payment has been made. 3.

(3) The consumer is obliged to inform the trader immediately of any inaccuracies in the payment details provided or stated.

(4) In case of non-payment on the part of the consumer, and subject to legal restrictions, the trader is entitled to charge the consumer for any reasonable costs made known to the consumer in advance.

Article 14 - Complaints

(1) The trader shall have a sufficiently well-publicised complaints procedure and shall handle the complaint in accordance with that complaints procedure.

(2) Complaints about the execution of the contract must be submitted to the trader within a reasonable time, fully and clearly described, after the consumer has discovered the defects.

3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

4. if the complaint cannot be solved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

Article 15 - Disputes

(1) Contracts between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.

(2) The European Commission provides a platform for online dispute resolution (http://ec.europa.eu/consumers/odr/). We will endeavour to resolve any disputes by mutual agreement and are not obliged to participate in such dispute resolution procedures. We do not offer to participate in such procedures.

Article 16 - Additional or different provisions

Any additional clauses or clauses deviating from these general conditions may not be to the detriment of the consumer and must be recorded in writing or in a form accessible to the consumer on a durable data carrier.

️ contact@ezuby-store.com