Terms and Conditions
OVERVIEW
This website is operated by Pylomo. Throughout the website, the terms "we," "us," and "our" refer to Pylomo. Pylomo offers you, the user, this website, including all information, tools, and services available through this website, provided that you accept all the terms, conditions, policies, and notices stated here.
By visiting our website and/or purchasing something from us, you enter into our "Service" and agree to be bound by the following terms ("Service Terms," "Terms"), including any additional terms and policies referenced herein and/or available via hyperlink. These service terms apply to all users of the website, including but not limited to users who are browsers, vendors, customers, merchants, and/or content creators.
Please read these terms of use carefully before accessing or using our website. By accessing the website or using any part of it, you agree to these terms of use. If you do not agree to all the terms of this agreement, you must not access the website or use any services. If these terms of use are considered an offer, acceptance is expressly limited to these terms of use.
All new features or tools added to the current shop are also subject to the terms of use. You can view the current version of the terms of use at any time on this page. We reserve the right to update, change, or replace any part of these terms of use by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. If you continue to use or access the website after changes have been posted, you agree to those changes.
Our shop is hosted by Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.
Article 1 - Definitions
The following definitions apply in these General Terms and Conditions:
Cancellation period: the period within which the consumer can exercise their right of withdrawal;
Consumer: The natural person who does not act in the exercise of a profession or business and who concludes a distance contract with the entrepreneur;
Day: Calendar day;
Continuous transaction: A distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over a certain period;
Durable medium: Any means that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: The possibility for the consumer to withdraw from the distance contract within the reflection period;
Entrepreneur: The natural or legal person who offers goods and/or services to consumers at a distance;
Distance contract: An agreement in which, within a system organized by the entrepreneur for the distance sale of goods and/or services, one or more means of remote communication are used exclusively until the agreement is concluded;
Means of remote communication: Means that can be used to conclude a contract without the consumer and the entrepreneur being in the same room at the same time.
General terms and conditions: these general terms and conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Ches Commerce B.V.
Chamber of Commerce number: 91147131
Address: Monseigneur Schrijnenstraat 13, 6417XW Heerlen. Netherlands (No return address, if sent anyway, we cannot grant a refund).
Email address: support@pylomoshop.com
Article 3 - Applicability
These general terms and conditions apply to every offer of the entrepreneur and to every contract and order concluded at a distance between the entrepreneur and the consumer.
Before concluding the distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before concluding the distance contract that the general terms and conditions can be viewed at the entrepreneur's business premises, and they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, the text of these General Terms and Conditions may be made available to the consumer electronically, regardless of the preceding paragraph and before concluding the distance contract, in such a way that the consumer can easily save it on a durable medium. If this is not reasonably possible, it will be indicated before concluding the distance contract where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise upon the consumer's request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 shall apply accordingly, and in the case of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them.
Should one or more provisions of these General Terms and Conditions be wholly or partially invalid or void at any time, the contract and these terms and conditions shall remain in effect otherwise, and the relevant provision shall be replaced immediately by mutual agreement with a provision that comes as close as possible to the meaning and purpose of the original provision.
Situations not covered by these General Terms and Conditions are to be assessed "in the spirit" of these General Terms and Conditions.
Ambiguities regarding the interpretation or content of one or more provisions of our General Terms and Conditions are to be interpreted "in the sense" of these General Terms and Conditions.
Article 4 - The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make an appropriate assessment of the offer. If the entrepreneur uses images, these represent a truthful depiction of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or termination of the contract.
The images of the products are a faithful representation of the products offered. The entrepreneur cannot guarantee that the colors shown exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer which rights and obligations are associated with accepting the offer. This particularly concerns:
the price, excluding customs clearance costs and import VAT. These additional costs are borne by and at the risk of the customer. The postal and/or courier service will apply the special regulation for postal and courier services regarding import. This regulation applies when the goods are imported into the EU destination country, which is the case here. The postal and/or courier service charges the recipient of the goods the VAT (regardless of whether it is collected together with customs clearance fees or not);
any shipping fees;
the manner in which the contract is concluded and which actions are required for this;
whether the right of withdrawal applies or not;
the method of payment, delivery, and performance of the contract;
the deadline for accepting the offer or the period within which the trader guarantees the price;
the amount of the distance communication tariff if the costs for using the distance communication technology are calculated on a basis other than the regular basic rate for the communication means used;
whether the agreement is archived after conclusion and, if so, how the consumer can access it;
the manner in which the consumer can check and, if desired, correct the information provided by them within the framework of the contract before concluding the contract;
all other languages besides Dutch in which the contract can be concluded;
the codes of conduct to which the trader is subject, and the manner in which the consumer can electronically access these codes of conduct; and
the minimum duration of the distance contract in the case of a longer business.
Optional: available sizes, colors, types of materials.
Article 5 - The Contract
Subject to the provisions in paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfills the conditions set out therein.
If the consumer has accepted the offer electronically, the trader immediately confirms receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can cancel the contract.
If the contract is concluded electronically, the entrepreneur must take appropriate technical and organizational measures to protect electronic data transmission and ensure a secure internet environment. If the consumer can pay electronically, the entrepreneur takes appropriate security measures.
The entrepreneur may—within the legal framework—inform themselves whether the consumer can meet their payment obligations, as well as all facts and factors important for a responsible conclusion of the distance contract. If the entrepreneur has good reasons based on this check not to conclude the contract, they are entitled to reject an order or application or to link the execution to special conditions by giving reasons.
The entrepreneur will provide the consumer with the following information in writing or in a way that can be stored by the consumer in an accessible manner on a durable medium along with the product or service:
the visiting address of the entrepreneur's branch to which the consumer can direct complaints;
the conditions and the manner in which the consumer can exercise their right of withdrawal, or, if applicable, clear information that they are exempt from the right of withdrawal;
the information about guarantees and existing customer services;
the information contained in Article 4, paragraph 3 of these terms, unless the trader has already provided this information to the consumer before fulfilling the contract;
the conditions for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a limited-time transaction, the provision in the previous paragraph applies only to the first delivery.
Every contract is concluded under the suspensive condition of sufficient availability of the respective products.
Article 6 - Right of Withdrawal
When purchasing products, the consumer has the option to cancel the contract without giving reasons within a period of 14 days. This reflection period begins the day after the consumer or a representative previously designated by the consumer and communicated to the entrepreneur receives the product.
During the reflection period, the consumer will handle the product and its packaging carefully. 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, they will return the product with all delivered accessories and - if possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they must inform the entrepreneur within 14 days of receiving the product. The consumer should do this in the form of a written notice/email. After the consumer has declared their intention to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, e.g., by providing proof of shipment.
If the customer has not expressed their intention to exercise their right of withdrawal within the periods specified in paragraphs 2 and 3 or has not returned the product to the entrepreneur, the purchase is final.
Article 7 - Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the goods will be borne by them.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is conditional on the product having already been received by the entrepreneur or a conclusive proof of full return being provided.
Article 8 - Exclusion of the Right of Withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer or at least in good time before the conclusion of the contract.
A withdrawal right exclusion is only possible for products
that have been made by the entrepreneur according to the consumer's specifications;
that are clearly of a personal nature;
that cannot be returned due to their nature;
that spoil or age quickly;
whose price is subject to fluctuations in the financial market beyond the entrepreneur's control;
for individual newspapers and magazines;
for audio and video recordings and computer software where the consumer has broken the seal.
for hygiene products where the consumer has broken the seal.
The exclusion of the right of withdrawal is only possible for services
which concern accommodation, transport, restaurant, or leisure activities and are to be provided on a specific day or during a specific period;
for which delivery has begun with the express consent of the consumer before the withdrawal period expires;
concern bets and lotteries.
Article 9 - The Price
During the validity period stated in the offer, prices for the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
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, at variable prices. This connection to fluctuations and the fact that the mentioned prices are guideline prices are stated in the offer.
Price increases within 3 months after the contract conclusion are only permitted if they result from legal provisions or regulations.
Price increases from 3 months after the contract conclusion are only permitted if the entrepreneur has set them and:
they result from legal provisions or regulations; or
the consumer is entitled to terminate the contract on the day the price increase takes effect.
According to Article 5 paragraph 1 of the 1968 Value Added Tax Act, the place of delivery is the country where the transport begins. In this case, the delivery takes place outside the EU. Consequently, the postal or courier service will charge the import VAT or clearance fees to the customer. Therefore, no VAT will be charged by the entrepreneur.
All prices are subject to printing errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing errors, the company is not obliged to deliver the product at the incorrect price.
Article 10 - Compliance and Warranty
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements for suitability and/or usability, and the legal provisions and/or official regulations applicable at the time of the contract conclusion. If agreed, the trader also guarantees that the product is suitable for a use other than normal use.
A warranty granted by the trader, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the trader based on the contract.
Defective or incorrectly delivered products should be reported to the entrepreneur in writing within 14 days of delivery. The return of the products should be in the original packaging and in new condition.
The entrepreneur's warranty period corresponds to the factory warranty period. However, the entrepreneur is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
the consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
the delivered products were exposed to abnormal conditions or otherwise handled negligently or contrary to the instructions of the entrepreneur and/or on the packaging;
The defectiveness is wholly or partly the result of regulations issued or to be issued by the state regarding the type or quality of the materials used.
Article 11 - Delivery and Execution
The entrepreneur will exercise the greatest possible care when receiving and processing product orders.
The place of delivery is the address provided by the consumer to the company.
Subject to the provisions in Article 4 of these General Terms and Conditions, the company will process accepted orders promptly, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or an order cannot be fulfilled or only partially fulfilled, the consumer will be informed no later than 30 days after the order. In this case, the consumer has the right to terminate the contract without costs and the right to any compensation.
In the event of termination according to the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after the termination.
If the delivery of an ordered product proves impossible, the entrepreneur will endeavor to deliver a replacement item. At the latest upon delivery, it will be clearly and understandably indicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of return shipping are borne by the entrepreneur.
The risk of damage and/or loss of products lies with the entrepreneur until the time of delivery to the consumer or a previously named and entrepreneur-notified representative, unless expressly agreed otherwise.
Article 12 - Duration transactions: duration, termination, and renewal
Termination
The consumer can terminate an indefinite contract concluded for the regular delivery of products (including electricity) or the provision of services at any time, observing the applicable termination rules and a maximum notice period of one month.
The consumer can terminate a fixed-term contract concluded for the regular delivery of products (including electricity) or services at any time at the end of the fixed term, observing the applicable termination provisions and a notice period of no more than one month.
The consumer can terminate the contracts mentioned in the preceding paragraphs:
terminate at any time and not be restricted to termination at a specific time or during a specific period;
terminate it at least as they concluded it;
always terminate with the same notice period that the entrepreneur has set for themselves.
Extension
A fixed-term contract concluded for the regular delivery of goods (including electricity) or services cannot be tacitly extended or renewed for a specific duration.
Notwithstanding the preceding paragraph, a fixed-term contract concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly extended for a fixed term of no more than 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.
A fixed-term contract for the regular delivery of goods or the provision of services can only be tacitly extended indefinitely if the consumer can terminate it at any time with a notice period of no more than one month; if the contract concerns the regular but less than monthly delivery of daily or weekly newspapers and magazines, the notice period must not exceed three months.
A fixed-term contract for the regular delivery of daily or weekly newspapers and magazines as part of an introductory subscription (trial or introductory subscription) will not be tacitly renewed and will automatically end at the end of the trial or introductory period.
Duration
For contracts with a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of up to one month, unless termination before the agreed term is inadmissible for reasons of reasonableness and fairness.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period mentioned 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.
The consumer is obliged to immediately inform the entrepreneur of any inaccuracies in the provided or mentioned payment details.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs communicated in advance.
Article 14 - Complaint Procedure
Complaints about the execution of the contract must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires a foreseeably 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.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur states otherwise in writing.
If a complaint is deemed justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.
Article 15 - Disputes
Only Dutch law applies to contracts between the entrepreneur and the consumer to which these general conditions apply, even if the consumer resides abroad.
Article 16 - Contact Information
If you have any questions about the General Terms and Conditions, please contact support@pylomoshop.com.