Terms and conditions

Terms and Conditions

Article 1 – Definitions

In these Terms and Conditions, the following definitions shall apply:

Withdrawal Period: the period during which the Consumer may exercise the right of withdrawal.

Consumer: any natural person acting for purposes outside their trade, business, craft, or profession who enters into a distance contract with the Merchant.

Day: a calendar day.

Long-Term Transaction: a distance contract relating to a series of products and/or services where the delivery and/or purchase obligations are spread over time.

Durable Medium: any tool that enables the Consumer or Merchant to store information addressed personally to them in a manner that allows future consultation and unchanged reproduction of the stored information.

Right of Withdrawal: the Consumer's right to cancel the distance contract within the Withdrawal Period without giving any reason.

Merchant: the natural or legal person offering products and/or services to Consumers by means of distance selling.

Distance Contract: a contract concluded within an organized system for the distance sale of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract.

Means of Distance Communication: any means that can be used to conclude a contract without the Consumer and the Merchant being physically present together at the same location.

Terms and Conditions: these Terms and Conditions of the Merchant.

Article 2 – Identity of the Merchant

Werbsite: Priomoda

Company: PRIORITIES HOLDING

Address: Scheepmakerspassage 125

Registration Number: 91876311

Article 3 – Applicability

These Terms and Conditions apply to every offer made by the Merchant and to every distance contract and order concluded between the Merchant and the Consumer.

Before a distance contract is concluded, the text of these Terms and Conditions shall be made available to the Consumer. If this is not reasonably possible, the Merchant shall indicate, prior to the conclusion of the contract, where the Terms and Conditions may be inspected and that they will be provided free of charge upon request.

Where the distance contract is concluded electronically, the text of these Terms and Conditions may be made available electronically before the contract is concluded in such a way that the Consumer can easily store them on a Durable Medium. If this is not reasonably possible, the Merchant shall indicate where the Terms and Conditions can be accessed electronically and that they will be sent free of charge electronically or by other means upon request.

If specific product or service conditions apply in addition to these Terms and Conditions, the above provisions shall apply accordingly. In the event of conflicting provisions, the Consumer may always rely on the provision that is most favorable to them.

Should any provision of these Terms and Conditions be declared invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the intent of the original.

Situations not covered by these Terms and Conditions shall be interpreted in accordance with the spirit and purpose of these Terms and Conditions.

Any ambiguity regarding the interpretation or content of these Terms and Conditions shall likewise be interpreted in accordance with their spirit and purpose.

Article 4 – The Offer

If an offer has a limited period of validity or is subject to specific conditions, this shall be expressly stated.

All offers are non-binding. The Merchant reserves the right to amend or modify any offer.

The offer shall contain a complete and accurate description of the products and/or services offered. Descriptions shall be sufficiently detailed to enable the Consumer to make a proper assessment of the offer.

Where images are used, they are intended to provide a truthful representation of the products and/or services offered. Obvious errors or mistakes in the offer shall not be binding upon the Merchant.

All images, specifications, and product information are provided for illustrative purposes only and shall not give rise to any claim for damages or termination of the agreement.

Product images are intended to accurately represent the products offered. However, the Merchant cannot guarantee that the colors displayed on a customer's screen will exactly match the actual colors of the products.

Each offer shall include sufficient information to make clear to the Consumer the rights and obligations associated with accepting the offer, including but not limited to:

  • the purchase price, excluding customs clearance charges and import VAT. Any such additional charges shall be borne by the Consumer. Postal or courier services may apply the special import scheme applicable to postal and courier shipments where goods are imported into the destination EU Member State. The carrier may collect import VAT and any customs clearance charges from the recipient;

  • any shipping costs;

  • the manner in which the contract will be concluded and the actions required to do so;

  • whether or not the right of withdrawal applies;

  • the available payment methods, delivery methods, and performance of the contract;

  • the period during which the offer remains valid or the period during which the Merchant guarantees the stated price;

  • the applicable rates for distance communication where these differ from the standard communication charges;

  • whether the agreement will be archived after conclusion and, if so, how the Consumer may access it;

  • how the Consumer can verify and, where necessary, correct the information provided before concluding the contract;

  • any languages in which the contract may be concluded in addition to English;

  • any codes of conduct to which the Merchant adheres and how these may be consulted electronically;

  • the minimum duration of the distance contract where applicable.

Where applicable, additional product information such as available sizes, colors, and materials may also be included.

Article 5 – The Contract

Subject to the provisions of paragraph 4 of this Article, the contract is concluded at the moment the Consumer accepts the offer and fulfills the conditions specified therein.

Where the Consumer has accepted the offer electronically, the Merchant shall promptly acknowledge receipt of the acceptance by electronic means. Until such confirmation has been received, the Consumer may cancel the contract.

Where the contract is concluded electronically, the Merchant shall implement appropriate technical and organizational measures to secure the electronic transfer of data and maintain a secure online environment. Where electronic payment is available, the Merchant shall observe appropriate security measures.

Within the limits of applicable law, the Merchant may assess whether the Consumer is capable of fulfilling their payment obligations, as well as any facts and circumstances relevant to responsibly entering into the distance contract. If, based on this assessment, the Merchant has reasonable grounds not to conclude the contract, the Merchant shall be entitled to refuse an order or request or attach special conditions to its execution.

The Merchant shall provide the Consumer, in writing or on a Durable Medium, with the following information together with the product or service:

  • the business address where complaints may be submitted;

  • the conditions and procedures for exercising the right of withdrawal, or a clear statement where the right of withdrawal does not apply;

  • information regarding warranties and after-sales service;

  • the information referred to in Article 4 of these Terms and Conditions, unless already provided prior to performance of the contract;

  • where applicable, the requirements for terminating a contract with a duration exceeding one year or an indefinite duration.

For Long-Term Transactions, the provisions of the previous paragraph apply only to the first delivery.

Every contract is concluded subject to the availability of the products ordered.

Article 6 – Right of Withdrawal

When purchasing products, the Consumer has the right to withdraw from the contract without giving any reason within 14 days. The Withdrawal Period begins on the day after the Consumer, or a third party designated by the Consumer (other than the carrier), receives the product.

During the Withdrawal Period, the Consumer shall handle the product and its packaging with due care. The Consumer shall only unpack or use the product to the extent necessary to establish its nature, characteristics, and functioning, as would be permitted in a physical retail store.

If the Consumer exercises the right of withdrawal, the product must be returned with all supplied accessories and, where reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the Merchant.

To exercise the right of withdrawal, the Consumer must notify the Merchant within 14 days of receiving the product by means of a written notice or email. After notifying the Merchant, the Consumer must return the product within 14 days.

The Consumer must be able to demonstrate that the returned goods were shipped on time, for example by providing proof of shipment.

If the Consumer fails to notify the Merchant within the applicable Withdrawal Period or fails to return the product within the required period, the purchase shall become final.

Article 7 – Costs in the Event of Withdrawal

If the Consumer exercises the right of withdrawal, the direct costs of returning the products shall be borne by the Consumer.

Where the Consumer has made a payment, the Merchant shall reimburse the amount paid as soon as reasonably possible, and no later than 14 days after receiving the notice of withdrawal, provided that the returned product has been received by the Merchant or the Consumer has supplied sufficient proof that the goods have been returned.

Refunds shall be made using the same payment method used for the original transaction unless otherwise agreed.

Article 8 – Exclusion of the Right of Withdrawal

The Merchant may exclude the Consumer's right of withdrawal only for products and services permitted under applicable law, provided that this exclusion has been clearly stated in the offer or, at the latest, before the conclusion of the contract.

The right of withdrawal may be excluded for products that:

  • have been manufactured according to the Consumer's specifications;

  • are clearly personalized;

  • cannot be returned due to their nature;

  • are liable to deteriorate or expire rapidly;

  • are subject to price fluctuations in the financial market beyond the Merchant's control;

  • consist of individual newspapers or magazines;

  • consist of sealed audio or video recordings or computer software where the seal has been broken after delivery;

  • consist of sealed products that are unsuitable for return for health protection or hygiene reasons once unsealed after delivery.

The right of withdrawal may also be excluded for services relating to:

  • accommodation, transportation, catering, or leisure activities to be provided on a specific date or during a specific period;

  • services that have begun with the Consumer's express prior consent before the Withdrawal Period has expired;

  • betting and lottery services.

Article 9 – Pricing

The prices of the products and/or services offered shall not be increased during the validity period stated in the offer, except where price changes result from changes in applicable VAT rates.

Notwithstanding the foregoing, the Merchant may offer products or services with variable prices where such prices are subject to fluctuations in the financial market over which the Merchant has no control. Any such dependence on market fluctuations shall be clearly stated in the offer.

Price increases within three months after the conclusion of the contract shall only be permitted where they result directly from statutory regulations or legal provisions.

Price increases occurring more than three months after the conclusion of the contract shall only be permitted if:

  • they result from statutory regulations or legal provisions; or

  • the Consumer has the right to terminate the contract with effect from the date on which the price increase takes effect.

For VAT purposes, the place of supply is determined in accordance with applicable tax legislation. Where products are shipped from outside the European Union, import VAT, customs duties, customs clearance fees, and any other import charges may be collected from the Consumer by the postal or courier service. Consequently, the Merchant does not charge import VAT on such shipments unless otherwise required by law.

All prices are subject to typographical and printing errors. The Merchant shall not be liable for the consequences of such errors and shall not be obliged to supply products at an incorrectly stated price.

Article 10 – Conformity and Warranty

The Merchant warrants that the products and/or services conform to the contract, the specifications stated in the offer, the reasonable requirements of reliability and usability, and all applicable legal requirements and government regulations in force on the date the contract is concluded.

Where expressly agreed, the Merchant also warrants that the product is suitable for purposes other than its normal intended use.

Any manufacturer's, supplier's, or importer's warranty shall not affect the Consumer's statutory rights under applicable consumer protection laws.

Any defects or incorrectly delivered products must be reported to the Merchant in writing within 14 days of delivery.

Returned products must, where reasonably possible, be returned in their original packaging and in unused condition.

The Merchant's warranty period corresponds to the manufacturer's warranty period where applicable. However, the Merchant is never responsible for the ultimate suitability of products for the Consumer's particular intended use, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

  • the Consumer has repaired or modified the product themselves or has had it repaired or modified by a third party without prior authorization;

  • the product has been exposed to abnormal conditions, mishandled, or used contrary to the Merchant's instructions or the instructions provided on the packaging;

  • the defect results wholly or partly from government regulations relating to the nature or quality of the materials used.

Article 11 – Delivery and Performance

The Merchant shall exercise the greatest possible care when receiving and processing orders for products.

The place of delivery shall be the address provided by the Consumer at the time the order is placed.

Subject to the provisions of Article 4 of these Terms and Conditions, the Merchant shall execute accepted orders with due dispatch and, in any event, within 30 days, unless a longer delivery period has been agreed with the Consumer.

If delivery is delayed, or if an order cannot be fulfilled or can only be fulfilled in part, the Consumer shall be informed no later than 30 days after placing the order. In such cases, the Consumer shall have the right to terminate the contract free of charge and shall be entitled to a full refund of any payments made.

If the contract is terminated in accordance with the previous paragraph, the Merchant shall refund all amounts paid by the Consumer as soon as reasonably possible and no later than 14 days after termination.

If delivery of an ordered product proves impossible, the Merchant reserves the right to provide a comparable replacement product. The Consumer will be clearly informed that a replacement product is being supplied. The right of withdrawal shall remain applicable to replacement products. The costs of returning a replacement product shall be borne by the Merchant.

The risk of loss or damage to products shall remain with the Merchant until the products have been delivered to the Consumer or to a representative designated in advance by the Consumer, unless otherwise expressly agreed.

Article 12 – Long-Term Transactions: Duration, Termination, and Renewal

Termination

The Consumer may terminate an agreement entered into for an indefinite period that provides for the regular delivery of products or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The Consumer may also terminate a fixed-term agreement for the regular delivery of products or services at the end of the agreed term, subject to the agreed termination rules and a notice period of no more than one month.

The Consumer may:

  • terminate the agreement at any time and shall not be limited to termination at a specific time or during a specific period;

  • terminate the agreement using the same method by which it was entered into;

  • always terminate the agreement subject to the same notice period that the Merchant has stipulated for itself.

Renewal

A fixed-term agreement for the regular delivery of products or services may not be automatically renewed or extended for another fixed term.

By way of exception, a fixed-term agreement for the regular delivery of newspapers, magazines, or periodicals may be automatically renewed for a period not exceeding three months, provided that the Consumer may terminate the renewed agreement at the end of the renewal period with a notice period of no more than one month.

A fixed-term agreement for the regular delivery of products or services may only be automatically renewed for an indefinite period if the Consumer may terminate the agreement at any time with a notice period of no more than one month.

Trial or introductory subscriptions for newspapers, magazines, or periodicals shall automatically terminate at the end of the agreed trial period and shall not be renewed automatically.

Duration

Where an agreement has a duration exceeding one year, the Consumer may terminate the agreement at any time after one year by giving no more than one month's notice, unless reasonableness and fairness require otherwise.

Article 13 – Payment

Unless otherwise agreed, payments owed by the Consumer shall be made within seven (7) working days after the commencement of the Withdrawal Period referred to in Article 6.

In the case of a service agreement, this period shall commence once the Consumer has received confirmation of the agreement.

The Consumer is obliged to notify the Merchant immediately of any inaccuracies in the payment details provided or stated.

In the event of late or non-payment by the Consumer, the Merchant shall be entitled, subject to applicable law, to charge any reasonable costs that have been communicated to the Consumer in advance.

Article 14 – Complaints Procedure

Complaints concerning the performance of the contract must be submitted to the Merchant within seven (7) days after the Consumer has discovered the issue. Complaints must be fully and clearly described.

Complaints submitted to the Merchant shall be answered within 14 days of receipt. If a complaint requires a longer processing time, the Merchant shall acknowledge receipt within 14 days and provide an indication of when a more detailed response can be expected.

If a complaint cannot be resolved by mutual agreement, the dispute may be submitted to the appropriate dispute resolution procedure where applicable.

Submitting a complaint does not suspend the Consumer's payment obligations unless the Merchant expressly agrees otherwise in writing.

Where a complaint is found to be justified, the Merchant shall, at its sole discretion, repair or replace the product free of charge or provide another appropriate remedy.

Article 15 – Governing Law and Disputes

These Terms and Conditions, and all agreements concluded between the Merchant and the Consumer, shall be governed exclusively by the laws of the Netherlands, regardless of the Consumer's country of residence.

Any disputes arising out of or relating to these Terms and Conditions or the agreements between the Merchant and the Consumer shall be submitted to the competent court in the Netherlands, unless mandatory consumer protection laws provide otherwise.