1 – Definitions

In these terms and conditions:

1. Reflection period: the period during which the consumer can make use of his right of withdrawal.

2. Consumer: the natural person who is not acting in the exercise of a profession or business and who concludes a distance contract with the entrepreneur.

3. Day: calendar day.

4. Duration transaction: a distance contract relating to a series of products and/or services whose delivery and/or purchase obligation is spread over time.

5. Durable data carrier: any means that allows the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information.

6. Right of withdrawal: possibility for the consumer to renounce the distance contract within the withdrawal period.

7. Model form: the model withdrawal form that the entrepreneur makes available and that a consumer can complete when they want to make use of 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 by which, as part of a system organized by the entrepreneur for the distance selling of products and/or services, up to and including the conclusion of the contract, use is made of one or more remote communication techniques.

10. Distance communication technique: means that can be used to conclude an agreement, without the consumer and the entrepreneur being in the same room at the same time.

11. General conditions: these general conditions of the entrepreneur.

2 – Identity of the Entrepreneur

Name of Contractor:

Business Address: Koninginneweg 1, 3331CD Zwijndrecht

Telephone: 0031 (0)629 80 63 38 – Mon/Fri 10 a.m. – 6 p.m.

Email address: info@protefine.com

Chamber of Commerce number: 78337860

VAT identification number: NL861354321B01

3 – Applicability

1. These general conditions apply to every offer from the entrepreneur and to every concluded distance contract and orders between the entrepreneur and the consumer.

2. Before the conclusion of the distance contract, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the conclusion of the distance contract, it will be indicated that the general conditions can be consulted at the premises of the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.

3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the conclusion of the distance contract, the text of these general conditions may be made available to the consumer electronically in such a way that the consumer can easily be stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer by electronic or other means.

4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision which is most favorable to him in the event of terms and conditions and conditions.

5. If one or more provisions of these Terms and Conditions are at any time wholly or partially invalid or void, the Agreement and these Terms and Conditions will otherwise remain in force and the provision in question will be immediately replaced by mutual agreement with a provision which has the meaning of the original as closely as possible.

6. Situations which are not regulated in these general conditions must be assessed “in the spirit” of these general conditions.

7. Uncertainties about the explanation or content of one or more provisions of our terms and conditions must be explained “within the spirit” of these terms and conditions.

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 without obligation. The entrepreneur has the right to change and adapt the offer.

3. The offer contains a complete and precise description of the products and/or services offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a faithful representation of the products and/or services offered. Obvious errors or errors in the offer are not binding on the entrepreneur.

4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.

5. The images accompanying the products are a faithful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors correspond exactly to the actual colors of the products.

6. Each offer contains information such that it is clear to the consumer what rights and obligations attach to acceptance of the offer. This concerns in particular:

• -the price including tax.
• -any shipping costs.
• -the manner in which the agreement will be concluded and the actions necessary for this purpose.
• -whether the right of withdrawal applies or not.
• -the method of payment, delivery and execution of the contract.
• -the deadline for acceptance of the offer, or the period within which the entrepreneur guarantees the price.
• -the level of the distance communication rate if the costs of using the distance communication technology are calculated on a basis other than the regular base rate of the means of communication used.
• -if the agreement is archived after conclusion, and if so, how it can be consulted by the consumer.
• -the way in which the consumer, before concluding the contract, can check the data he provided under the contract and, if he wishes, restore them.
• -any other language in which, besides Dutch, the contract 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.

7. and the minimum duration of the distance contract in the case of a long-term transaction. Optional: available sizes, colors, type of materials.

5 – The Agreement

1. The contract is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.

2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may withdraw from the contract.

3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will guarantee a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

4. The entrepreneur can - within legal frameworks - inform himself whether the consumer can fulfill his payment obligations, as well as all facts and factors important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to conclude the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation. artwork.

5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

a. The visiting address of the entrepreneur's establishment where the consumer can address complaints.

b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear declaration regarding the exclusion of the right of withdrawal.

c. Information on guarantees and existing after-sales service.

d. the information referred to in Article 4(3) of these general conditions, unless the entrepreneur has already provided this information to the consumer before execution of the contract.

e. the conditions for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Any agreement is concluded under suspensive conditions of sufficient availability of the products concerned.

6 – Right of withdrawal

1. On delivery of the products:

2. When purchasing products, the consumer has the option to terminate the contract without giving reasons for 14 days. This reflection period runs from the day after receipt of the product by the consumer or a representative previously designated by the consumer and brought to the attention of the entrepreneur.

3. During the withdrawal period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all supplied accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with reasonable and clear instructions provided by the contractor.

4. If the consumer wishes to make use of his right of withdrawal, he must notify the entrepreneur within 14 days of receipt of the product. The consumer must make this known using the standard form. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of dispatch. If the customer has not indicated after the expiry of the deadlines referred to in paragraphs 2 and 3 that he wishes to make use of his right of withdrawal resp. has not returned the product to the entrepreneur, the purchase is a fact.

When providing services:

When the services are provided, the consumer has the possibility to terminate the contract without giving reasons for at least 14 days from the day the contract is concluded.

To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest with delivery.

7 – Fees in the event of withdrawal

1. If the consumer uses his right of withdrawal, the return costs will be his responsibility to the maximum.

2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been collected by the online merchant or conclusive proof of complete return can be presented. The refund will be made via the same payment method used by the consumer, unless authorized expressed by the consumer. a different payment method.

3. In the event of damage to the product due to careless handling by the consumer himself, the consumer is responsible for any reduction in the value of the product.

4. The consumer cannot be held responsible for the depreciation of the product if the entrepreneur has not provided all the legally required information on the right of withdrawal, this must be done before the conclusion of the purchase contract.

8 – Exclusion right of withdrawal

1. The entrepreneur may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this. indicated in the offer, at least in time for the conclusion of the contract.

2. Exclusion of the right of withdrawal is only possible for products:

• a. which were created by the entrepreneur in accordance with the consumer's specifications
• b. which are clearly personal in nature.
• c. vs. which cannot be returned due to their nature.
• d. which can spoil or age quickly.
• e. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence.
• f. for bulk newspapers and magazines.
• g. for audio and video recordings and computer software for which the consumer has broken the seal.
• h. for hygiene products for which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

concerning accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specific period.

delivery of which began with the express consent of the consumer before the expiration of the withdrawal period.

vs. regarding betting and lotteries.

9 – The Price

1. During the period of validity mentioned in the offer, the prices of the products and/or services offered will not be increased, with the exception of price changes resulting from 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 dependence on fluctuations and the fact that the prices indicated are indicative prices are indicated in the offer.

3. Price increases within 3 months of conclusion of the contract are only permitted if they result from regulations or legal provisions.

4. Price increases from 3 months after conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

a) they are the result of regulations or legal provisions; Or

b) the consumer has the power to terminate the contract with effect from the day the price increase takes effect.

1. The prices indicated in the offer of products or services include VAT.

2. All prices are subject to printing and typographical errors. No responsibility is accepted for the consequences of printing and composition errors. In the event of printing and composition errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

10 – Conformity and Guarantee

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of robustness and/or usability and the legal regulations and/or the regulations in force at the time of publication. date of conclusion of the agreement. or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.

3. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 4 weeks of delivery. The return of products must be in the original packaging and in new condition.

4. The contractor's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for each individual application of the consumer, nor for any advice regarding the use or application of the products.

5. The warranty does not apply if:

6. The consumer repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties.

7. The delivered products have been exposed to abnormal conditions or are otherwise handled negligently or are contrary to the instructions of the entrepreneur and/or have been processed on the packaging.

8. The defect results in whole or in part from the regulations that the government has set or will set regarding the nature or quality of the materials used.

11 – Delivery and execution

1. The entrepreneur will exercise the greatest care when receiving and executing orders for products and when evaluating requests for the provision of services.

2. The place of delivery is the address that the consumer has made known to the company.

3. In compliance with what is indicated in paragraph 4 of this article, the company will execute accepted orders promptly but no later than 30 days, unless the consumer has accepted a longer delivery time. If delivery is delayed, or if an order cannot be executed or is only partially executed, the consumer will be informed no later than 30 days after placing the order. In this case, the consumer has the right to terminate the contract free of charge. The consumer is not entitled to compensation.

4. All delivery times are indicative. The consumer cannot derive any rights from the conditions stated. Exceeding a deadline does not entitle the consumer to compensation.

5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will reimburse 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 endeavor to make a replacement item available. At the latest upon delivery, it will be clearly and understandably indicated that a replacement item will be delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of a possible return are the responsibility of the entrepreneur.

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

12 – Duration operations: duration, cancellation and extension

1. The consumer may terminate at any time a contract concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, in compliance with the agreed termination rules and a period of notice not exceeding one month.

2. The consumer may terminate an agreement concluded for a fixed period and which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed period, in compliance with the rules of termination agreed. and a notice period of at least a maximum of one month.

3. The consumer may use the agreements referred to in the preceding paragraphs:

1. cancel at any time and not be limited to cancellation at a specific time or period.

2. cancel at least in the same way as they were concluded by him.

3. always terminate with the same notice period as that set by the entrepreneur.

Extension

1. A contract concluded for a fixed period and relating to the regular delivery of products (including electricity) or services cannot be tacitly extended or renewed for a fixed period.

2. Contrary to the previous paragraph, a contract concluded for a fixed period and which extends to the regular delivery of daily, weekly newspapers and magazines may be tacitly renewed for a fixed period of three months maximum, if the consumer has signed this agreement extended against at the end of the extension can cancel with a notice period of not more than one month.

3. A contract concluded for a fixed period and which extends to 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 notice of at most one month and a maximum notice period of three months if the agreement extends to regular delivery, but less than once a month, of daily, news and weekly newspapers and magazines.

4. A limited-term contract for the regular delivery of daily newspapers, news, weeklies and magazines (trial or discovery subscription) is not tacitly extended and ends automatically at the end of the trial period or discovery.

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 reasonable and fair reasons arise. upon termination before the end of the agreed term.

13 – Payment

1. Unless otherwise agreed, the sums owed by the consumer must be paid within 7 working days following the start of the withdrawal period referred to in Article 6, paragraph 1. In the event of an agreement to provide a service, this period runs after the consumer has received confirmation of the agreement.

2. The consumer is obliged to immediately report inaccuracies in the payment details provided or indicated to the entrepreneur.

3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.

14 – Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

2. Complaints regarding the execution of the agreement must be submitted completely and clearly described to the entrepreneur within 7 days after the consumer discovers the defects.

3. Complaints submitted to the Contractor will be responded to within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with acknowledgment of receipt and an indication when the consumer can expect a more detailed response.

4. If the complaint cannot be resolved in mutual consultation, a dispute arises which is subject to the dispute resolution procedure.

5. In the event of a complaint, the consumer must first contact the entrepreneur. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).

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, he will replace or repair the delivered products free of charge, at his option.

15 – Disputes

1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general conditions apply. Even if the consumer lives abroad.

2. The Vienna Sales Convention does not apply.

16 – Additional or derogatory provisions

Additional or deviating provisions of 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 data carrier.