Terms of service
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 – Duration 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:
Cooling-off period:
The period within which the consumer can make use of 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 relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time.
Durable data carrier:
Any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of this information.
Right of withdrawal:
The option for the consumer to withdraw from the distance contract within the cooling-off period.
Model withdrawal form:
The form made available by the entrepreneur that a consumer can complete to exercise the 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 within the framework of a system organized by the entrepreneur for the distance selling of products and/or services, whereby exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract.
Technique for distance communication:
Means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously in the same room.
General Terms and Conditions:
The present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
Cyber Warehouse
Stadsweg 135
9793PB Winneweer
The Netherlands
T +31(0)613861901
E info@cyberwarehouse.nl
Chamber of Commerce (KVK): 84390107
VAT number: NL003957730B67
Article 3 – Applicability
These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and order concluded between the entrepreneur and consumer.
Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before concluding the distance contract, where the terms can be viewed and that they will be sent to the consumer free of charge upon request.
If the distance contract is concluded electronically, the terms and conditions may be provided electronically in such a way that the consumer can store them on a durable data carrier. If this is not reasonably possible, the entrepreneur will indicate where these terms can be accessed electronically and that they will be sent electronically or otherwise upon request.
If specific product or service conditions apply in addition to these general terms, the second and third paragraphs apply accordingly. In case of conflicting conditions, the consumer may rely on the provision most favorable to them.
If any provision in these terms is void or annulled, the remaining provisions remain valid. The parties will replace the void provision by a valid one that approximates the original intent as much as possible.
Situations not covered by these terms should be assessed in the spirit of these terms.
Ambiguities regarding the interpretation or content of one or more provisions shall be interpreted in the spirit of these terms.
Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated.
The offer is non-binding. The entrepreneur is entitled to alter or adjust the offer.
The offer contains a complete and accurate description of the offered products and/or services. Descriptions are sufficiently detailed to allow a proper assessment by the consumer. Images used by the entrepreneur are truthful representations of the products. Obvious mistakes or errors do not bind the entrepreneur.
All images, specifications, and data are indicative and cannot give rise to compensation or dissolution.
Images of products are truthful representations. The entrepreneur cannot guarantee that displayed colors exactly match real product colors.
Every offer contains clear information about the rights and obligations tied to acceptance, including:
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the price including taxes;
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any shipping costs;
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how the agreement will be concluded and the steps involved;
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whether the right of withdrawal applies;
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payment, delivery, and execution terms;
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the period during which the offer is valid;
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communication costs if different from standard rates;
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whether the contract will be archived and how the consumer can access it;
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how the consumer can check and correct data before placing the order;
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available languages for contract conclusion;
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codes of conduct the entrepreneur adheres to;
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minimum duration of a distance contract in case of a duration transaction.
Article 5 – The Agreement
The agreement is concluded once the consumer accepts the offer and meets the stated conditions, subject to paragraph 4.
If the consumer accepts the offer electronically, the entrepreneur confirms receipt of the acceptance without delay. Until this confirmation is received, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure data transmission and ensure a safe web environment. If electronic payment is possible, the entrepreneur will implement appropriate security measures.
The entrepreneur may, within legal boundaries, check whether the consumer can meet payment obligations and review factors relevant to concluding a responsible distance contract. If valid grounds exist, the entrepreneur may refuse an order or attach special conditions.
The entrepreneur will provide the following information to the consumer, in writing or in a storable format:
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the entrepreneur’s address for complaints;
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conditions and method for exercising withdrawal rights, or notice if withdrawal is excluded;
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information about warranties and after-sales service;
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the data from Article 4(3), unless already provided;
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conditions for terminating the agreement if it exceeds one year or is of unspecified duration.
For duration contracts, the above applies only to the first delivery.
Every agreement is made under the suspensive condition of sufficient availability of the ordered products.
Article 6 – Right of Withdrawal
For products:
The consumer may dissolve the agreement within 14 days without giving reasons. This period starts the day after receipt of the product by the consumer or their designated representative.
During the cooling-off period, the consumer will handle the product and packaging carefully. They will not break the seal. If withdrawal is exercised, the product must be returned in its original, unopened condition with all accessories, according to the instructions provided by the entrepreneur.
Exceptions to returns:
a) Products where the seal has been broken.
b) Products with a shelf life of less than 14 days.
The consumer must notify the entrepreneur within 14 days of receipt if they wish to withdraw, using the model form or another communication method. After notifying, the consumer must return the product within 14 days. The consumer must prove timely return, e.g., with shipping proof.
If the consumer fails to notify within the required period or does not return the product in time, the purchase becomes final.
For services:
The consumer may dissolve the agreement within at least 14 days from the day the agreement was entered into
To exercise the right of withdrawal, the consumer must follow the clear instructions provided by the entrepreneur.
Article 7 – Costs in Case of Withdrawal
If the consumer withdraws, they bear the return shipping costs.
If the consumer has paid an amount, the entrepreneur will refund it as soon as possible, but no later than 14 days after withdrawal—provided the returned product has been received or proof of return is supplied. Refunds use the same payment method unless the consumer agrees otherwise.
If the consumer damages the seal or the product through careless handling, they are liable for depreciation.
The consumer cannot be held liable for depreciation if the entrepreneur failed to provide mandatory information about the right of withdrawal before the sale.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the right of withdrawal for products listed in paragraphs 2 and 3, provided this was clearly stated in the offer.
Exclusion applies to products:
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made according to consumer specifications;
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clearly personal in nature;
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that cannot be returned due to their nature;
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that spoil or age rapidly;
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with price fluctuations on financial markets beyond the entrepreneur’s control;
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newspapers or magazines;
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audio/video or software whose seal is broken;
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hygiene products whose seal is broken.
Exclusion also applies to services:
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relating to accommodation, transport, catering, or leisure activities on a specific date or period;
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whose performance began with the consumer’s consent before the cooling-off period ended;
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relating to betting or lotteries.
Article 9 – The Price
Prices listed during the offer period will not be increased, except for VAT changes.
For products/services subject to financial market fluctuations, variable prices may apply and this will be stated.
Price increases within 3 months of concluding the agreement are only allowed due to legal changes.
Later price increases are permitted only if agreed and:
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due to legal changes; or
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the consumer may terminate the agreement on the date the increase takes effect.
Prices include VAT.
All prices are subject to printing or typographical errors. The entrepreneur is not required to deliver at incorrect prices.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that products/services comply with the agreement, specifications, reasonable usability requirements, and applicable laws at the time of the agreement. Additional suitability guarantees apply only if agreed.
Legal rights and claims of the consumer remain unaffected by commercial warranties.
Defects or incorrect deliveries must be reported in writing within 2 months of discovery.
The warranty term equals the manufacturer’s warranty. The entrepreneur is not responsible for product suitability for individual use or for usage advice.
Warranty does not apply if:
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the consumer repairs/alters the product or has it done;
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the product is exposed to abnormal conditions or treated improperly;
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defects result from government regulations regarding materials or quality.
Article 11 – Delivery and Performance
The entrepreneur exercises the utmost care in receiving and fulfilling orders and assessing service requests.
Delivery takes place at the address provided by the consumer.
Accepted orders will be executed within 30 days unless a longer term was agreed. If delayed or partly impossible, the consumer will be notified within 30 days and may dissolve the agreement without cost.
Delivery terms are indicative; no rights can be derived. No compensation applies for delays.
If dissolved, refunds occur within 14 days.
If a product is unavailable, a replacement may be offered with clear notice. Withdrawal cannot be excluded for replacements. Return shipping in such cases is free.
Risk of damage or loss lies with the entrepreneur until delivery to the consumer or designated representative.
Article 12 – Duration Transactions: Term, Termination, and Renewal
Termination
The consumer may terminate an indefinite contract for regular delivery of products (including electricity) or services at any time with up to one month’s notice.
A fixed-term contract for regular delivery may be terminated at the end of the term with up to one month’s notice.
Consumers may:
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terminate at any time, with no restriction to specific periods;
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terminate using the same method as the contract was entered;
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always terminate with a notice period equal to the entrepreneur’s.
Renewal
Fixed-term contracts for regular product/service delivery cannot be automatically renewed for a fixed duration.
Exception: newspaper/magazine subscriptions may be extended for up to 3 months with a one-month notice period for termination.
Fixed-term contracts may be automatically renewed for an indefinite duration only if the consumer may terminate at any time with up to 1 month’s notice (3 months for delivery less than monthly).
Trial or introductory subscriptions end automatically.
Duration
If a contract exceeds one year, the consumer may terminate after one year with up to one month’s notice, unless fairness prevents early termination.
Article 13 – Payment
Unless otherwise agreed, amounts due must be paid within 7 working days after the cooling-off period starts. For service contracts, this period begins after confirmation.
The consumer must immediately report incorrect payment details.
In case of non-payment, the entrepreneur may charge previously communicated reasonable costs, subject to legal limits.
Article 14 – Complaints Procedure
The entrepreneur maintains an accessible complaints procedure.
Complaints must be submitted within 2 months after discovery of the issue, clearly described.
Complaints are answered within 14 days. If more time is needed, a timeline will be provided.
Unresolved complaints result in a dispute subject to the dispute resolution procedure.
If affiliated with WebwinkelKeur, unresolved complaints may be submitted to them for free mediation. If still unresolved, the consumer may submit the dispute to the independent disputes committee appointed by WebwinkelKeur. Its decision is binding. Fees may apply for the consumer.
EU consumers may also file complaints via the EU’s ODR platform: http://ec.europa.eu/odr.
Submitting a complaint does not suspend obligations unless stated otherwise.
If a complaint is justified, the entrepreneur will repair or replace the product free of charge.
Article 15 – Disputes
Only Dutch law applies to agreements between the entrepreneur and consumer governed by these terms, even if the consumer lives abroad.
The Vienna Sales Convention does not apply.
Article 16 – Additional or Deviating Provisions
Additional or deviating provisions may not disadvantage the consumer and must be recorded in writing or in a storable format.