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 Warranty

Article 11 Delivery and Performance

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

Article 13 Payment

Article 14 Complaints Procedure

Article 15 Disputes

Article 16 Additional or Deviating Provisions

Article 1 – Definitions
In these terms and conditions, the following definitions apply:

1. Cooling-off Period: The period during which the consumer can exercise their right of withdrawal;
2. Consumer: A natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Day: Calendar day;
4. Long-Term Transaction: A distance contract related to a series of products and/or services, where the delivery and/or purchase obligation 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 future access and unchanged reproduction of the stored information;
6. Right of Withdrawal: The ability of the consumer to withdraw from the distance contract within the cooling-off period;
7. Model Form: The model form for withdrawal provided by the entrepreneur, which the consumer can use to exercise their right of withdrawal;
8. Entrepreneur: The natural or legal person who offers products and/or services to consumers remotely;
9. Distance Contract: A contract in which, within the framework of a system organized by the entrepreneur for remote selling of products and/or services, up to and including the conclusion of the contract, only one or more techniques for remote communication are used;
10. Technique for Remote Communication: A means that can be used for concluding a contract without the consumer and entrepreneur being physically present in the same space;
11. General Terms and Conditions: These General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

OzonosStore.com

• OzonosStore® by Holland Excellence B.V.
• Paterswoldseweg 806, 9728 BM Groningen – The Netherlands
• Chamber of Commerce: 92961932
• VAT Number: NL866231274B01
• T +31(0)50 234 0555 (landline)
• E: info@OzonosStore.com

Holland Excellence B.V. is a 100% subsidiary of Holland Excellence Group

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 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 upon request.
3. 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 it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be electronically accessed and that they will be sent to the consumer electronically or otherwise 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 accordingly, and the consumer may always rely on the most favorable applicable provision in case of conflicting terms.
5. If any provision of these general terms and conditions is at any time wholly or partially invalid or nullified, the agreement and these terms and conditions will remain in effect for the rest, and the invalid provision will be replaced by a provision that most closely approximates the original intent.
6. Situations not covered by these general terms and conditions should be assessed ‘in the spirit’ of these terms and conditions.
7. Any ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions should be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 – The Offer

1. If an offer is subject to a limited validity period or conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. The entrepreneur reserves the right to change and adjust the offer.
3. Ozonosstore.com is not responsible for any typographical errors on the website.
4. The offer contains a complete and accurate description of the products and/or services offered. 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 products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
5. All images, specifications, and information provided in the offer are indicative and cannot be grounds for any compensation or dissolution of the agreement.
6. The images of the products provide a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors will exactly match the actual colors of the products.
7. Every offer includes information that makes it clear to the consumer what the rights and obligations are associated with accepting the offer. This specifically includes:
   • The price, including taxes;
   • Any shipping costs;
   • The method by which the contract will be concluded and the necessary actions for this;
   • Whether or not the right of withdrawal applies;
   • The method of payment, delivery, and execution of the agreement;
   • The deadline for accepting the offer, or the period within which the entrepreneur guarantees the price;
   • The rate for remote communication if the costs of using the remote communication technique are calculated on a different basis than the regular base rate for the used communication method;
   • Whether the contract will be archived after conclusion, and if so, how the consumer can access it;
   • The way the consumer can check the information provided as part of the agreement and, if necessary, correct it before concluding the agreement;
   • The possible other languages, besides Dutch, in which the agreement can be concluded;
   • The codes of conduct to which the entrepreneur is subject and the way the consumer can consult these codes electronically;
   • The minimum duration of the distance contract in the case of a long-term transaction.

 Article 5 – The Agreement

1. The agreement is concluded at the moment of acceptance by the consumer of the offer and fulfillment of the conditions attached, subject to the provisions of paragraph 4.
2. 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 this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
4. The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for responsibly entering into a distance agreement. If the entrepreneur has good reasons not to enter into the agreement based on this investigation, he is entitled to refuse an order or request, or to attach special conditions to the execution.
5. The entrepreneur shall provide the consumer with the following information, in writing or in a manner that allows the consumer to store it on a durable medium:
   • The visiting address of the entrepreneur’s establishment where the consumer can lodge complaints;
   • The conditions under which and how the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
   • Information about guarantees and existing after-sales services;
   • The information contained in Article 4 paragraph 3, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
   • The requirements for terminating the agreement if it has a duration of more than one year or is indefinite.
6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
7. Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

For product deliveries:

1. When purchasing products, the consumer has the option to dissolve the agreement without stating reasons for 14 days. This cooling-off period starts on the day after the consumer, or a third party designated by the consumer, has received the product.
2. During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, the consumer shall return the product with all supplied accessories and, if reasonably possible, in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The consumer must use the model withdrawal form to do this. After notification, the consumer must return the product within 7 days. The consumer must prove that the goods were returned on time, for instance, by providing a shipping receipt.
4. If, after the time periods mentioned in paragraphs 2 and 3, the consumer has not notified the entrepreneur of their intention to withdraw from the agreement, or has not returned the product to the entrepreneur, the purchase is final. For service deliveries:
5. When providing services, the consumer has the option to dissolve the agreement without giving any reason for at least 14 days, starting from the day of entering into the agreement.
6. To exercise the right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur during the offer and/or at the latest upon delivery.

Article 7 – Costs in Case of Withdrawal

1. If the consumer exercises their right of withdrawal, the consumer will bear the cost of returning the goods.
2. If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been returned to the entrepreneur or that conclusive proof of return has been provided. The refund will be processed via the same payment method used by the consumer, unless the consumer explicitly agrees to a different method.
3. In the case of product damage caused by careless handling by the consumer, the consumer is liable for any depreciation in value.
4. The consumer cannot be held liable for depreciation in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before the conclusion of the purchase agreement.

Article 8 – Exclusion of 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 only applies if the entrepreneur has clearly stated this in the offer or, at least, prior to the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
   • That have been created according to the consumer’s specifications;
   • That are clearly personal in nature;
   • That cannot be returned due to their nature;
   • That spoil or age quickly;
   • Whose price is dependent on fluctuations in the financial market over which the entrepreneur has no control;
   • For individual newspapers and magazines;
   • For audio and video recordings and computer software of which the consumer has broken the seal;
   • For hygiene products where the seal has been broken by the consumer.
3. Exclusion of the right of withdrawal is only possible for services:
   • Relating to accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
   • Whose delivery has started with the explicit consent of the consumer before the cooling-off period has expired;
   • Relating to betting and lotteries.

 Article 9 – The Price

1. 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.
2. Contrary to the previous paragraph, the entrepreneur may 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 prices mentioned are target prices will be stated in the offer.
3. Price increases within 3 months of the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
   • these result from statutory regulations or provisions; or
   • the consumer has the authority to terminate the agreement as of the date the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
6. 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 obligated to deliver the product according to the incorrect price.

Article 10 – Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations that existed on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. Returned products must be in the original packaging and in new condition.
4. The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual use 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 altered the delivered products themselves or has had them repaired and/or altered by third parties;
   • The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or in violation of the entrepreneur’s instructions and/or have been treated in a way contrary to the packaging;
   • The defects are wholly or partially the result of government regulations regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

1. The entrepreneur will take the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has provided to the company.
3. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In such a case, the consumer has the right to dissolve the agreement without any costs. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any mentioned delivery periods. Exceeding a delivery period 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 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment will be 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 pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise. See also point 8.
8. Please note that for transportation abroad, we can provide insured shipping. For costs, please refer to the section “shipping and delivery.”

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

Termination

1. The consumer can terminate an agreement that has been entered into for an indefinite period and that 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.
2. The consumer can terminate an agreement that has been entered into 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 with due observance of the agreed termination rules and a notice period of no more than one month.
3. The consumer can terminate the agreements referred to in the previous paragraphs:
   • at any time and not be limited to termination at a specific time or in a specific period;
   • at least in the same manner as they were concluded;
   • always terminate with the same notice period as the entrepreneur has stipulated for itself.

Renewal
4. A contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed term.
5. Contrary to the previous paragraph, a contract that has been entered into for a definite period and that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed term of up to three months if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.
6. A contract that has been entered into for a definite period and that extends to the regular delivery of 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 no more than one month and a notice period of no more than three months in the case of contracts that extend to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
7. A contract with a limited duration for the regular introduction to daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.

Duration
8. If an agreement has a duration of more than one year, the consumer may 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

1. Unless otherwise agreed, amounts due by the consumer must be paid within 7 business days after the commencement of the cooling-off period referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
2. The consumer is obligated to promptly inform the entrepreneur of any inaccuracies in the payment details provided or stated.
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within 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 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 the dispute resolution procedure.
5. There are costs associated with submitting a dispute to the dispute resolution committee, which must be paid by the consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing.
7. If a complaint is deemed justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

Article 16 – Additional or Deviating Provisions
Additional or deviating provisions from these general terms and conditions must 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 medium.