GENERAL TERMS AND CONDITIONS

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 – Compliance and warranty
• Article 11 – Delivery and execution
• Article 12 – Duration transactions: duration, termination and extension
• Article 13 – Payment
• Article 14 – Complaints procedure
• Article 15 – Disputes
• Article 16 – Additional or different provisions

Article 1 – Definitions

In these terms and conditions, the following definitions shall apply:

• Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
• Consumer: the natural person not acting in the exercise of a profession or business and who enters into a distance contract with the trader;
• Day: calendar day;
• Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
• Durable data carrier: any means that enables the consumer or trader to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
• Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
• Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
• Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
• Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having come together in the same room at the same time.

Article 2 – Identity of the entrepreneur

Website: www.Mr. E-ZY.com

Daan's Investment B.V.
Brantjesstraat 72
1447 PE Purmerend
Telefoon: 06 279 746 94
E-mail address: info@mr-ezy.com
Chamber of Commerce number: 713.53.666
VAT identification number: NL 858.68.2497.B02

Article 3 – Applicability

• These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
• 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, before the remote agreement is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.
• If the distance contract is concluded electronically, notwithstanding 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 electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.
• In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favourable to him.

Article 4 – The offer

1. If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services on offer. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
   • the price including taxes;
   • any costs of delivery;
   • the way in which the agreement will be concluded and what actions are necessary to do so;
   • whether or not the right of withdrawal is applicable;
   • the method of payment, delivery and implementation of the agreement;
   • the period for accepting the offer, or the period within which the trader guarantees the price;
   • the amount of the rate of distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
   • whether the agreement will be archived after its conclusion, and if so in which way it can be consulted by the consumer;
   • the manner in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, rectify them;
   • any languages other than Dutch in which the agreement can be concluded;
   • the codes of conduct to which the trader is subject and the manner in which the consumer can consult these codes of conduct electronically; and
   • the minimum duration of the distance contract in case of an extended transaction.

Article 5 – The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions stipulated.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the remote agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution, giving reasons.
5. The entrepreneur shall send the consumer the following information with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
   1. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
   2. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
   3. the information on guarantees and existing after-sales services;
   4. the data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided the consumer with these data before the implementation of the agreement;
   5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. In case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal
Right of withdrawal does not apply to B2B.

In case of delivery of products to consumers (B2C)
On delivery of products:

1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. After this dissolution, the customer has another 14 days to return his or her product. This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
2. During the reflection 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 exercises his right of withdrawal, he will return the product to the entrepreneur with all delivered accessories and – if reasonably possible – in the original state and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

On delivery of services:

1. When supplying services, the consumer has the possibility to dissolve the agreement without giving reasons for at least fourteen days starting from the day of entering into the agreement.
2. To make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest at the time of delivery.
3. Cancellations for B2B are only allowed, after consultation with the entrepreneur, if made in writing, within 24 hours after ordering. In the event of cancellation, the business customer shall owe the entrepreneur all costs reasonably incurred, without prejudice to the entrepreneur’s right to compensation for full damages. Non-standard stock material and special ordered material, cannot be returned by the B2B and cannot be cancelled, in short a purchase obligation.

Article 7 – Costs in case of withdrawal

1. If the consumer makes use of his right of withdrawal, no more than the costs of return shipment shall be borne by the consumer. If the parcel was delivered by a special courier (not DHL, DPD or PostNL), the return costs are variable. The return costs can be requested from our customer service.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 working days after the return or withdrawal. The costs for the gift wrapping remain for the consumer.
3. If the product does not comply with the return conditions, the costs for the return shipment will be charged to the consumer.
   • Letterbox package Netherlands- € 3,95
   • Parcel Netherlands – € 7,95 (parcels smaller than 100x50x50 cm.)
   • Large parcel Netherlands – € 14,50 (parcels larger than 100x50x50 cm.)
   • Package EU country – € 10,95
   • Parcels with special courier, due to dimensions or weight – from € 50,= (depending on product dimensions).
4. The consumer has 14 days to respond to the message stating that the parcel has been refused. In the event of no response, the package will be destroyed after 14 days.

Article 8 – Exclusion of right of withdrawal

1. The entrepreneur can exclude the consumer’s right of withdrawal insofar as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the trader clearly stated this in the offer, or at least in good time before concluding the contract.
2. Exclusion of the right of withdrawal is only possible for products:
   • that have been created by the entrepreneur in accordance with consumer specifications;
   • that are clearly personal in nature;
   • which cannot be returned due to their nature; this includes items such as CBD, oils, hygiene products, vibrators, licences, courses and the like.
   • which spoil or age quickly;
   • whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence;
   • for single newspapers and magazines;
   • for audio and video recordings and computer software of which the consumer has broken the seal or received a licence key.
3. Exclusion of the right of withdrawal is only possible for services:
   • concerning accommodation, transport, restaurant or leisure activities to be performed on a certain date or during a certain period;
   • whose delivery has started with the express consent of the consumer before the withdrawal period has expired;
   • concerning betting and lotteries.
4. Business customers (B2B) have no right of return, not for standard stock material and non-standard special order material.

Article 9 – The price

1. During the validity period stated in the offer, the prices of the products and/or services on offer shall 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 that are beyond the Entrepreneur’s control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices shall be mentioned in the offer.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:
   • they are the result of legal regulations or stipulations; or
   • the consumer is authorised to terminate the contract on the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.

Article 10 – Conformity and Warranty

1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can enforce against the trader under the contract.

Article 11 – Delivery and implementation

1. The entrepreneur shall take the greatest possible care when receiving and executing product orders and when assessing requests for the provision of services.
2. Incorrect address details:
   The place of delivery is the address that the consumer has made known to the company. The consumer himself is responsible for providing a correct delivery address. If the consumer provides a wrong address in his or her order, the company cannot be held responsible for this.
3. Redelivery after return to entrepreneur
   If the product is received back by the entrepreneur, the costs for the new shipment will be for the consumer.
   • Letterbox package Netherlands – € 3,50
   • Parcel Netherlands – € 6,95 (parcels smaller than 100x50x50 cm.)
   • Large parcel Netherlands – € 9,95 (parcels larger than 100x50x50 cm.)
   • Package EU country – € 8,50
4. Redispatch after late consumer return
   If the product return is received by the entrepreneur outside the stipulated period. The shipment will be refused. The costs made for returning the product to the consumer are for the consumer.
   • Letterbox package Netherlands – € 3,95
   • Parcel Netherlands – € 7,95 (parcels smaller than 100x50x50 cm.)
   • Large parcel Netherlands – € 13,00 (parcels larger than 100x50x50 cm.)
   • Package EU country – € 10,95
5. Cancellation after return to entrepreneur
   If the order is received back by the company and the consumer cancels the purchase of the product, the shipping costs will be retained.
   • Letterbox package Netherlands – € 3,95
   • Parcel Netherlands – € 7.95 (parcels smaller than 100x50x50 cm.)
   • Parcel Netherlands large – € 13,00 (parcels larger than 100x50x50 cm.)
   • Package EU Country – € 9,95
6. Refusal of a parcel at the door
   If the consumer refuses the order at the door, the shipping costs will be charged to the consumer.
   • Letterbox package Netherlands – € 6,95
   • Parcel Netherlands – € 9,95 (parcels smaller than 100x50x50 cm.)
   • Large parcel Netherlands – € 16,95 (parcels larger than 100x50x50 cm.)
   • Package EU Country – € 12,95
   • Parcel Courier Service (no DHL, PostNL, DPD) – € 50,00
7. Parcel not picked up at a collection point
   If the consumer has not collected the order on time at a collection point of the courier concerned, the shipping costs will be charged on to the consumer.
   • Letterbox package Netherlands – € 6,95
   • Parcel Netherlands – € 9,95 (parcels smaller than 100x50x50 cm.)
   • Large parcel Netherlands – € 16,95 (parcels larger than 100x50x50 cm.)
   • Package EU Country – € 12,95
8. Parcel return – Courier service
   If a courier service is unable to deliver the product ordered to the consumer, and the product is returned with it, the transport costs will be charged to the consumer.
   The cost is €50 per product ordered.
   For example:
   – the product cannot pass through the stairwell;
   – the product cannot fit through the door frame;
   – the product cannot go around a certain corner;
   – the product cannot be delivered to the desired room.
9. Cancellation of order
   If the order is cancelled after completion of the order, an administration fee will be charged. This is 5% of the full purchase amount.
10. Subject to what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with convenient speed but at the latest within 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs and the right to possible damages.
11. regular supply of products (including electricity) or services, may not be tacitly extended or renewed for a fixed term.

Article 12 – Duration transactions: duration, termination and renewal

Termination

1. The consumer may terminate an open-ended contract that was concluded for the regular supply of products (including electricity) or services at any time, subject to agreed termination rules and a notice period not exceeding one month.
2. The consumer may terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed term in accordance with the applicable termination rules and a period of notice that does not exceed one month.
3. Consumers may terminate the agreements referred to in the previous paragraphs:
   • terminate at any time and not be limited to termination at a specific time or in a specific period;
   • terminate at least in the same way as they were entered into by him;
   • always terminate with the same notice period as the entrepreneur has stipulated for himself.

Renewal
1. . A fixed-term contract that has been concluded for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
2. Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer may terminate this renewed contract towards the end of the renewal with a notice period not exceeding one month.
3. A fixed-term contract that has been concluded for the regular supply of products or services may only be tacitly extended for an indefinite period of time if the consumer may terminate it at any time with a period of notice that does not exceed one month and a period of notice that does not exceed three months in the event that the contract relates to the regular, but less than once a month, supply of daily, news and weekly newspapers and magazines.
4. An agreement with a limited duration for the regular supply of daily or weekly newspapers and magazines by way of introduction (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration
If a contract lasts 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 reasonableness and fairness oppose termination before the end of the agreed term.

Article 13 – Payment

1. Unless otherwise agreed, the amounts owed by the consumer shall be paid within 14 days after the start of the reflection period as referred to in article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. Where advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
3. The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
4. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known in advance to the consumer.

Article 14 – Complaints procedure

1. The entrepreneur shall have a sufficiently publicized complaints procedure and shall handle complaints in accordance with this complaints procedure.
2. Complaints about the performance of parcel delivery must be submitted to the entrepreneur within 7 days fully and clearly described, after the courier has indicated (track and trace code) that the parcel has been delivered.
3. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days, after the consumer has identified the defects.
4. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably 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.
5. If the product is replaced in its entirety and the consumer receives a return label for the defective item, the defective item must be returned to the relevant postal company within 7 calendar days. If the consumer will not comply, the cost of the extra article received will be invoiced to the consumer.
6. If the complaint cannot be solved by mutual agreement, a dispute arises which is subject to the dispute settlement procedure.
7. In case of complaints, a consumer should first turn to the entrepreneur. For complaints that cannot be solved in mutual consultation, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If a solution cannot be found, the consumer has the option to have his/her complaint handled by the independent dispute committee appointed by Stichting WebwinkelKeur, the decision is binding and both the trader and the consumer agree to this binding decision. Submitting a dispute to this dispute committee involves costs that have to be paid by the consumer to the committee concerned. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
8. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
9. If a complaint is found valid by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.

Article 16 – Additional or different provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.