Terms of service

Article 1 – Definitions

• Cooling-off period: the period within which the consumer can exercise the right of withdrawal;

• Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

• Day: calendar day;

• Long-term transaction: a distance contract concerning a series of products and/or services, whose delivery and/or purchase obligation is spread over time;

• Durable data carrier: any device that enables the consumer or entrepreneur to store information that is personally addressed to them 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 withdrawal form that the entrepreneur provides, which a consumer can fill in 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: an agreement concluded between the entrepreneur and the consumer within the framework of a system organized for the distance sale of products and/or services, where exclusive use is made of one or more means of distance communication until the conclusion of the contract;

• Means of distance communication: a method that can be used to conclude an agreement without the consumer and entrepreneur being in the same space simultaneously.

• General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur
FinexHome
Marssteden 108
7547 TD Enschede
Netherlands
E: info@finexhome.com
Chamber of Commerce: 42102970
VAT Number: NL866333113B01

Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer.
Before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms can be viewed and that they will be sent free of charge at the consumer's request.
If the distance contract is concluded electronically, the text of these terms and conditions may, contrary to the previous paragraph, be made available to the consumer in such a way that it can be stored on a durable data carrier.
If, in addition to these general terms, specific product or service conditions apply, the second and third paragraphs apply accordingly, and the consumer can always rely on the most favorable applicable provision in case of conflicting conditions.
If one or more provisions in these general terms and conditions are void or annulled, the rest of the agreement and these terms remain in effect, and the void provision will be replaced in mutual consultation with a provision that approaches the original intent as closely as possible.
Situations not covered by these terms must be assessed in the spirit of these terms.
Ambiguities about the interpretation or content of one or more clauses must be interpreted in the spirit of these terms.

Article 4 – The Offer
If an offer has a limited duration or is subject to conditions, this will be explicitly stated.
The offer is non-binding. The entrepreneur is entitled to modify or amend the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment by the consumer. Images used are a true representation of the products/services. Obvious errors do not bind the entrepreneur.
All images and specifications in the offer are indicative and cannot be a reason for compensation or termination.
Images of products are true representations. The entrepreneur cannot guarantee that displayed colors match the actual product colors exactly.
Each offer includes information clarifying the rights and obligations attached to acceptance, including:

• the price including taxes;

• any shipping costs;

• how the agreement will be formed;

• whether the right of withdrawal applies;

• method of payment, delivery, and execution;

• the period for accepting the offer;

• cost of remote communication, if different from the standard rate;

• whether the contract will be archived and if so, how it can be accessed;

• how the consumer can check and correct information before concluding the agreement;

• other languages besides Dutch in which the agreement may be concluded;

• applicable codes of conduct and how to consult them;

• duration of the agreement if it's a long-term contract.

Article 5 – The Agreement
The agreement is concluded when the consumer accepts the offer and meets the stated conditions.
If the consumer has accepted electronically, the entrepreneur immediately confirms receipt. Until confirmed, the consumer may dissolve the agreement.
If concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure data transmission and ensures a secure web environment.
The entrepreneur may, within legal frameworks, assess whether the consumer can meet payment obligations. If justified, the entrepreneur may refuse or attach special conditions to an order.
Upon delivery, the entrepreneur provides the following in a durable manner:

• company address for complaints;

• how to exercise the right of withdrawal;

• warranty and after-sales service;

• the data from article 4(3);

• cancellation terms for long-term contracts.
  This only applies to the first delivery of long-term transactions.
  All agreements are subject to product availability.

Article 6 – Right of Withdrawal
For product deliveries:
Consumers can withdraw within 14 days after receiving the product without giving any reason.
During this period, the consumer shall handle the product and packaging with care.
To exercise withdrawal, the consumer must notify the entrepreneur within 14 days after receiving the product, using the model form or via email. The consumer must then return the product within 14 days.
If the consumer does not inform or return the product on time, the purchase becomes final.

For services:
Consumers may cancel service agreements within 14 days after the agreement date.
Consumers must follow the provided instructions.

Article 7 – Costs in Case of Withdrawal
If the consumer uses the right of withdrawal, the return costs are at their own expense.
Any paid amounts will be refunded within 14 days, provided the product has been received or proof of return is provided.
Refunds use the same payment method unless the consumer agrees otherwise.
If the product is damaged due to improper use, the consumer is liable for depreciation.
No liability for depreciation if the entrepreneur failed to inform the consumer about the withdrawal right.

Article 8 – Exclusion of Right of Withdrawal
Exclusion is only allowed if clearly stated before the agreement.
Products excluded include:

• made to consumer specifications;

• personal in nature;

• non-returnable due to nature;

• perishable;

• price subject to financial market fluctuations;

• newspapers/magazines;

• audio/video/software with broken seal;

• hygiene products with broken seal.

Services excluded include:

• lodging, transport, catering, leisure for a specific date or period;

• services started with explicit consumer consent before the cooling-off period ended;

• betting and lotteries.

Article 9 – The Price
Prices during the validity of the offer will not increase except for VAT changes.
Exceptions include products tied to market fluctuations.
Price increases within 3 months are only allowed if based on legislation.
After 3 months, only if agreed and the consumer can cancel.
All prices include VAT.
Errors in printing/typesetting do not bind the entrepreneur.

Article 10 – Conformity and Warranty
Products and/or services must comply with the agreement and stated specifications.
A warranty from the entrepreneur, manufacturer, or importer does not affect the consumer's legal rights.
Defects must be reported within 2 months. Returns must be in original packaging and unused condition.
The warranty period equals the manufacturer's warranty.
No warranty applies if:

• the consumer or third party repairs or alters the product;

• the product is used improperly or in conflict with the instructions;

• issues result from government regulations on materials or quality.

Article 11 – Delivery and Execution
The entrepreneur takes the utmost care in receiving and fulfilling orders.
Delivery is to the address provided by the consumer.
Orders are fulfilled within 30 days unless otherwise agreed.
If delayed, the consumer is informed within 30 days and may cancel.
Delivery times are indicative.
Upon cancellation, payment is refunded within 14 days.
If a product is unavailable, a replacement may be offered, clearly indicated at delivery.
The right of withdrawal applies to replacements.
The entrepreneur bears the risk of damage/loss until delivery.

Article 12 – Long-term Transactions: Duration, Termination, and Renewal
Termination
Consumers can terminate indefinite contracts for regular delivery at any time with a notice period of no more than one month.
Fixed-term contracts can be terminated at the end with one month's notice.
Termination must be possible at any time, via the same method as concluded, and with the same notice period as applies to the entrepreneur.

Renewal
Fixed-term contracts for regular delivery may not be automatically renewed.
Exceptions: newspaper/magazine subscriptions for up to 3 months if cancelable with one month’s notice.
Renewal to an indefinite term is allowed only if the consumer can cancel at any time with a one-month notice (three months for less-than-monthly deliveries).
Trial subscriptions end automatically after the trial period.

Duration
For contracts longer than one year, the consumer may terminate after one year with a notice period of no more than one month.

Article 13 – Payment
Unless otherwise agreed, payment must be made within 7 working days after the cooling-off period starts.
For services, the term starts after confirmation of the agreement.
The consumer must report inaccuracies in payment details immediately.
In case of default, the entrepreneur may charge reasonable costs made known in advance.

Article 14 – Complaints Procedure
The entrepreneur has a complaints procedure and handles complaints accordingly.
Complaints must be reported within 2 months after discovery.
Complaints are answered within 14 days. If it takes longer, the consumer will be informed.
Unresolved complaints result in a dispute subject to dispute resolution.
Consumers should first contact the entrepreneur. Complaints may be submitted via the EU ODR platform: http://ec.europa.eu/odr.
A complaint does not suspend obligations unless agreed in writing.
If justified, the entrepreneur will replace or repair the product free of charge.

Article 15 – Disputes
Only Dutch law applies to these general terms and any agreement between entrepreneur and consumer.
The Vienna Sales Convention does not apply.

Article 16 – Additional or Deviating Provisions
Any additional or deviating provisions may not disadvantage the consumer and must be recorded in writing or in a storable format for the consumer.