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 – Duration transactions: duration, termination, and extension
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 terms are defined:

1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal; Read all about the cooling-off period.
2. Consumer: the natural person who does not act 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 related to a series of products and/or services, for which the delivery and/or performance obligations are spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information directed at him personally in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;
7. Model withdrawal form: the model withdrawal form made available by the entrepreneur that a consumer can fill in when he wishes to exercise his right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance contract: a contract concluded as part of an organized system for distance selling of products and/or services, up to and including the conclusion of the contract, 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 concluding a contract, without the consumer and entrepreneur being simultaneously present in the same space.
11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Abryl Foundation De steegde 5

9417TE Spier

Nederland

T (059) 356-7087
E info@abrylfoundation.nl KVK 68358857

Article 3 – Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and orders 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 reasonably not possible, it will be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur 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 by electronic means in such a way that the consumer can easily store it on a durable data carrier. If this is reasonably not possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be electronically accessed, and that they will be sent to the consumer free of charge by electronic means or otherwise upon request.
4. In the event that, in addition to these general terms and conditions, specific product or service conditions are also applicable, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him.
5. If one or more provisions in these general terms and conditions are void or are nullified at any time in whole or in part, the agreement and these conditions will remain in force, and the relevant provision will be replaced by mutual agreement as soon as possible with a provision that approximates the purport of the original as much as possible.
6. Situations not covered by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
7. Ambiguities about 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.

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 adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable 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.

4. All images, specifications, and data in the offer are indicative and cannot be the basis for compensation or dissolution 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. Every offer contains information in such a way that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns, in particular:

the price including taxes;
any shipping costs;
the way in which the agreement will be concluded and the actions required for it; the applicability or non-applicability of the right of withdrawal;
the method of payment, delivery, and execution of the agreement;
the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price

guarantees;
the amount of the fee for communication at a distance if the costs of using the technique for

communication at a distance are calculated on a basis other than the regular basic rate for the

used communication method;

whether the agreement is archived after its conclusion, and if so, where it can be accessed by the consumer;

the manner in which the consumer, prior to the conclusion of the agreement, can check and, if desired, correct the information provided by him in the context of the agreement;

the possible other languages in which, besides Dutch, the agreement 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 continuing performance contract.

Article 5 – The agreement

1. The agreement is concluded, subject to the provisions of clause 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set forth 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 entrepreneur has not confirmed this acceptance, the consumer can dissolve the agreement.

3. If the agreement is concluded electronically, the entrepreneur shall 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 shall take appropriate security measures for this purpose.
4. Within legal frameworks, the entrepreneur may ascertain whether the consumer can meet his payment obligations, as well as all those facts and factors that are relevant to a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse a order or request or to attach special conditions to the execution, providing a motivated explanation.
5. The entrepreneur shall include the following information with the product or service for the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

the visiting address of the entrepreneur's establishment where the consumer can address complaints;

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;

information about warranties and existing post-purchase service;

the data included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;

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 continuing transaction, the provision in the previous paragraph applies only to the first delivery. 7. Each agreement is entered into under the suspensive condition of sufficient availability of the respective products.

Article 6 – Right of withdrawal

Upon delivery of products:

1. When purchasing products, the consumer has the option to terminate the agreement without stating reasons within 14 days. This cooling-off period starts from the day after the consumer or a pre-designated representative, who is made known to the entrepreneur, receives the product.
2. During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they decide to exercise their right of withdrawal, they will return the product with all supplied accessories and, if reasonably possible, in the original condition and packaging, following the entrepreneur's reasonable and clear instructions.
3. If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The notification must be made through the model withdrawal form or another means of communication, such as email. After the consumer has indicated their intention to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in a timely manner, for example, by providing proof of shipment.
4. If the consumer has not notified their intention to exercise the right of withdrawal within the periods specified in sections 2 and 3, the

If the customer has not indicated within the specified periods in paragraphs 2 and 3 that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is considered final.

In the case of service delivery:

1. When services are delivered, the consumer has the option to terminate the agreement without stating reasons for at least 14 days, starting from the day of entering into the agreement.
2. To exercise their right of withdrawal, the consumer shall adhere to the reasonable and clear instructions provided by the entrepreneur in 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 cost of returning the goods shall be borne by the consumer.
2. If the consumer has made a payment, 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 back by the online retailer or conclusive evidence of complete return can be provided. Repayment will be made using the same payment method chosen by the consumer, unless the consumer expressly gives permission for another payment method.

3. In case of damage to the product due to careless handling by the consumer, the consumer is liable for any depreciation of the product.
4. The consumer cannot be held liable for any depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, and this should be done before the conclusion of the purchase agreement.

Article 8 – Exclusion of the right of withdrawal

1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in sections 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:

Those created by the entrepreneur in accordance with the consumer's specifications; that are clearly of a personal nature;
that, by their nature, cannot be returned;
that can quickly spoil or age;

for products whose price is tied to fluctuations in the financial market over which the entrepreneur has no control;

for loose newspapers and magazines;
for audio and video recordings and computer software whose seal has been broken by the consumer; for hygiene products whose seal has been broken by the consumer.

3. 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 started with the express consent of the consumer before the cooling-off period has elapsed;

expired;
concerning bets 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. In deviation from the previous paragraph, the entrepreneur can offer products or services whose prices are linked to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This 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 are the result of 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:

these are the result of legal regulations or provisions; or

the consumer has the authority to terminate the agreement as of the day 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 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 stated 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 uses other than normal use.
2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's legal rights and claims arising from the agreement against the entrepreneur.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of discovering the defect.
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 application 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 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 are otherwise handled carelessly, or are in violation of the instructions provided by the entrepreneur and/or the packaging;

The defectiveness is wholly or partially the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and performance

1. The entrepreneur will exercise the utmost care when receiving and fulfilling product orders and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has communicated to the company.
3. Subject to the provisions of Article 4, the company will fulfill 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 such a case, the consumer has the right to terminate 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 times. Exceeding a term does not entitle the consumer to compensation.
5. In the event of termination 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 termination.

6. If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to make a replacement item available. At the latest upon delivery, it will be clearly and comprehensibly communicated that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.

7. The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration transactions: duration, termination, and extension

Termination

1. The consumer can terminate an agreement that has been concluded for an indefinite period and that entails the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of up to one month.
2. The consumer can terminate an agreement that has been concluded for a definite period and that entails the regular delivery of products (including electricity) or services at any time by the end of the specified duration, observing 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:

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

cancel at least in the same manner as they were entered into by him;
always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension

1. An agreement entered into for a definite period and that aims at the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific duration.
2. Contrary to the preceding clause, an agreement entered into for a definite period and that pertains to the regular delivery of daily, news, and weekly newspapers, and magazines may be tacitly extended for a specific 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 at most one month.

3. An agreement entered into for a definite period and that concerns the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a notice period of at most one month. In the case where the agreement pertains to the regular, but less than once a month, delivery of daily, news, and weekly newspapers, and magazines, the tacit extension may have a notice period of up to three months.

4. An agreement of limited duration for the regular delivery of daily, news, and weekly newspapers, and magazines (trial or introductory subscription) is not tacitly renewed and automatically ends upon the expiration of the trial or introductory period.

Duration

1. 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, the amounts payable by the consumer must be paid within 7 working days after the start of the reconsideration period as referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received the confirmation of the agreement.

2. The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
3. In case of default by the consumer, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs communicated to the consumer in advance.

Article 14 – 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 2 months, fully and clearly described, after the consumer has identified 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 an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
4. If the complaint cannot be resolved amicably, a dispute arises that is susceptible to dispute resolution.
5. In case of complaints, a consumer should first contact the entrepreneur. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr). The webshop is currently not affiliated with a recognized dispute resolution scheme.
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 option, either replace or repair the delivered products free of charge.

Article 15 – Disputes

1. Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate, even if the consumer resides abroad.

2. The Vienna Sales Convention is not applicable.

Article 16 – 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 medium.