Terms of service

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

• Cooling-off 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 enters into a distance contract with the entrepreneur.
• Day: calendar day.
• Continuing performance contract: a distance contract related to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time.
• Durable medium: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
• Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period.
• Model form: the model form for withdrawal that the entrepreneur provides, which a consumer can fill in if they wish to exercise their right of withdrawal.
• Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely.
• Distance contract: an agreement in which, within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, exclusive use is made of one or more techniques for remote communication up to and including the moment the contract is concluded.
• Remote communication technique: means that can be used for concluding a contract without the consumer and entrepreneur being together in the same space simultaneously.
• General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

SynxStore Amsterdam B.V.

• Email address: admin@synxstore.nl
• Address: Weesperstraat 89, Diemen

If the entrepreneur's activity is subject to a relevant licensing regime: the details of the supervisory authority:

If the entrepreneur exercises a regulated profession:

• The professional association or organization to which they are affiliated.
• The professional title, the place in the EU or European Economic Area where it has been awarded.
• A reference to the professional rules applicable in the Netherlands and indications of where and how these professional rules are accessible.

Article 3 - Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and every distance contract and order concluded 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 not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent free of charge upon the consumer's request as soon as possible.
3. If the distance contract is concluded electronically, the text of these general terms and conditions can, by way of derogation from the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated where the general terms and conditions can be electronically accessed, and they will be sent electronically or otherwise free of charge at the consumer's request.
4. If, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply, and the consumer may always rely on the applicable provision that is most favorable to them in case of conflicting terms.
5. If one or more provisions of these general terms and conditions are wholly or partially void or voided at any time, the agreement and these terms will otherwise remain in force, and the relevant provision will be replaced without delay in mutual consultation by a provision that approaches the original intent as closely as possible.
6. Situations not regulated in these general terms and conditions should be assessed 'in the spirit' of these terms.
7. Ambiguities about the interpretation or content of one or more provisions of our terms should be explained 'in the spirit' of these general terms and conditions.

Article 4 - The Offer

1. If an offer has a limited validity period or is made 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 offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Apparent mistakes or errors in the offer are not binding on the entrepreneur.
4. All images, specifications, and information in the offer are indicative and cannot be grounds for compensation or dissolution of the contract.
5. Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer, particularly:
   • The price, including taxes.
   • Any shipping costs.
   • The way the contract will be concluded and the actions required for this.
   • Whether or not the right of withdrawal applies.
   • The method of payment, delivery, and execution of the contract.
   • The period for accepting the offer or the period within which the entrepreneur guarantees the price.
   • The rate for remote communication if the costs for using the remote communication technique are calculated on a basis other than the regular basic rate for the used communication medium.
   • Whether the contract will be archived after its conclusion, and, if so, how it can be accessed by the consumer.
   • The way in which the consumer can check the information they provided before concluding the contract and, if desired, correct it.
   • Any other languages in which the contract can be concluded, in addition to Dutch.
   • The codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes of conduct electronically.
   • The minimum duration of the distance contract in the case of a continuing performance contract.
   • Optional: available sizes, colors, types of materials.

Article 5 - The Contract

1. The contract is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the conditions set.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may dissolve the contract.
3. If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur may, within legal frameworks, obtain information about whether the consumer can meet their payment obligations, as well as about all those facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur has good reasons based on this investigation not to enter into the contract, they are entitled to refuse a request or order with reasons or to attach special conditions to its execution.
5. The entrepreneur will include the following information with the product or service to 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 address of the entrepreneur's establishment where the consumer can submit complaints.
   • The conditions and manner in which the consumer can exercise their right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
   • The information about guarantees and existing post-purchase services.
   • The information included in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the execution of the contract.
   • The requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
6. In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.
7. Every contract is concluded under the suspensive condition of sufficient availability of the products concerned.

Article 6 - Right of Withdrawal

For the delivery of products:

1. When purchasing products, the consumer has the option to dissolve the contract without giving any reason within 14 days. This cooling-off period starts the day after the consumer, or a pre-designated representative of the consumer made known to the entrepreneur, receives the product.
2. During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine if they wish to keep it. If they exercise their right of withdrawal, they will return the product with all delivered accessories and, if reasonably possible, in its original condition and packaging, following the entrepreneur's reasonable and clear instructions.
3. If the consumer wishes to use their right of withdrawal, they are obliged to notify the entrepreneur within 14 days after receiving the product. The consumer must do this using the model form. After the consumer has indicated that they wish 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, for example, by providing proof of shipment.
4. If the customer has not indicated within the time limits mentioned in paragraphs 2 and 3 that they wish to exercise their right of withdrawal, or has not returned the product to the entrepreneur, the purchase is a fact.

For the delivery of services:

1. When providing services, the consumer has the option to dissolve the contract without giving any reason for at least 14 days, starting from the day the contract is concluded.
2. To use their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest upon delivery.

Article 7 - Costs in the Event of Withdrawal

• If the consumer exercises their right of withdrawal, only the return shipping costs will be borne by the consumer.
• If the consumer has already made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal, provided that the product has been received back by the entrepreneur or that conclusive proof of complete return can be provided. Refunds will be made using the same payment method as the consumer used, unless the consumer expressly agrees to a different payment method.
• If the product is damaged due to careless handling by the consumer, the consumer is responsible for any depreciation in the product's value.
• The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, which must be done before the conclusion of the purchase agreement.

Article 8 - Exclusion of Right of Withdrawal

• The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer or at least before the conclusion of the agreement.
• Exclusion of the right of withdrawal is possible only for products:

• that have been made 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 over which the entrepreneur has no control;
• that are newspapers or magazines;
• that are audio, video recordings, or computer software of which the consumer has broken the seal;
• that are hygienic products of which the consumer has broken the seal.

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

• related to accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
• whose delivery has begun with the consumer's express consent before the cooling-off period has expired;
• related to betting and lotteries.

Article 9 - The Price

• During the validity period mentioned 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.
• In deviation from 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 dependence on fluctuations and the fact that any mentioned prices are target prices will be stated in the offer.
• Price increases within 3 months after the conclusion of the agreement are permitted only if they result from statutory regulations or provisions.
• Price increases from 3 months after the conclusion of the agreement are permitted only if the entrepreneur has stipulated this and:

• they are the result of statutory regulations or provisions; or
• the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
• The prices mentioned in the offer of products or services include VAT.
• All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typographical errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 - Conformity and Warranty

• The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the statutory 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 use other than normal use.
• A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement.
• Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. The products must be returned in their original packaging and in new condition.
• 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.
• 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 contrary to the entrepreneur's instructions and/or the instructions on the packaging;
• the defect is wholly or partly the result of regulations that the government has made or will make regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

• The entrepreneur will take the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
• The place of delivery is the address that the consumer has made known to the company.
• Subject to the provisions in paragraph 4 of this article, the company will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.
• All delivery times are indicative. The consumer cannot derive any rights from any specified periods. Exceeding a term does not entitle the consumer to compensation.
• In case of dissolution 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 14 days after dissolution.
• If the delivery of an ordered product proves impossible, the entrepreneur will strive to make a replacement item available. It will be clearly and comprehensibly stated no later than at the time of delivery 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.
• The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and announced representative, unless expressly agreed otherwise.

Article 12 - Continuing Transactions: Duration, Cancellation, and Renewal

Cancellation

• The consumer may cancel an indefinite contract that is intended for the regular delivery of products (including electricity) or services at any time, subject to the agreed cancellation rules and a notice period of no more than one month.
• The consumer may cancel a fixed-term contract that is intended for the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed cancellation rules and a notice period of no more than one month.
• The consumer can terminate the agreements mentioned in the previous paragraphs:
  • at any time and is not limited to cancellation at a specific time or in a specific period;
  • at least in the same manner as they were entered into by the consumer;
  • always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

• A fixed-term contract that is intended for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
• In deviation from the previous paragraph, a fixed-term contract that is intended for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months if the consumer can cancel the extended contract at the end of the extension with a notice period of no more than one month.
• A fixed-term contract that is intended for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of no more than three months in the event that the contract is intended for the regular but less than monthly delivery of daily, news, and weekly newspapers and magazines.
• A fixed-term contract for the regular trial or introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will end automatically at the end of the trial or introductory period.

Duration

• 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 prevent termination before the end of the agreed duration.

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 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 confirmation of the agreement.
• The consumer is obliged to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
• In case of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer the reasonable costs that were communicated to the consumer in advance.

Article 14 - Complaints Procedure

• The entrepreneur has a sufficiently publicized complaints procedure and will handle complaints in accordance with this complaints procedure.
• Complaints about the performance of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has discovered the defects.
• Complaints submitted to the entrepreneur will be answered within 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 a notice of receipt and an indication of when the consumer can expect a more detailed answer.
• If the complaint cannot be