TERMS & CONDITIONS

ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR

ARTICLE 3 - APPLICABILITY

ARTICLE 4 - THE OFFER

ARTICLE 5 - THE AGREEMENT

ARTICLE 6 - RIGHT OF WITHDRAWAL

ARTICLE 7 - CONSUMER'S OBLIGATIONS DURING THE COOLING-OFF PERIOD

ARTICLE 8 - EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND COSTS INVOLVED

ARTICLE 9 - OBLIGATIONS OF THE ENTREPRENEUR IN CASE OF WITHDRAWAL

ARTICLE 10 - EXCLUSION OF RIGHT OF WITHDRAWAL

ARTICLE 11 - THE PRICE

ARTICLE 12 - PERFORMANCE OF THE AGREEMENT AND ADDITIONAL WARRANTY

ARTICLE 13 - DELIVERY AND EXECUTION

ARTICLE 14 - PAYMENT

ARTICLE 15 - COMPLAINTS PROCEDURE

ARTICLE 16 - DISPUTES

ARTICLE 17 - ADDITIONAL OR DEVIATING PROVISIONS

ARTICLE 1 - DEFINITIONS

In these terms and conditions, the following terms are understood to have the following meanings:

1. Additional agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract, and these goods, digital content, and/or services are supplied by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur.

2. Cooling-off period: the period within which the consumer can exercise their right of withdrawal.

3. Consumer: the natural person who is not acting for purposes related to their trade, business, craft, or profession.

4. Day: calendar day.

5. Digital content: data that is produced and delivered in digital form.

6. Long-term agreement: an agreement that aims to provide regular delivery of goods, services, and/or digital content for a specific period of time.

7. Durable medium: any tool, including email, that enables the consumer or business to store information addressed personally to them in a way that allows future consultation or use for a period of time that is appropriate for the purpose of the information, and that allows the unchanged reproduction of the stored information.

8. Right of withdrawal: the consumer's ability to cancel the distance contract within the cooling-off period.

9. Entrepreneur: the natural or legal person who offers products, (access to) digital content, and/or services at a distance to consumers.

10. Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content, and/or services, where, up to and including the conclusion of the contract, only or partly use is made of one or more techniques for distance communication.

11. Model withdrawal form: the form for cancellation/withdrawal. This form does not have to be made available if the consumer does not have a right of withdrawal concerning his order.

12. Means of distance communication: a medium that can be used for the conclusion of an agreement, without the consumer and the entrepreneur needing to be physically present in the same space simultaneously.

ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR

Office and Visiting Address: Industriestraat 7, 9502 EJ, Stadskanaal, Netherland (By appointment only)

E-mail: info@airogroup.com : Accessible on weekdays from 09:00 to 18:00.

CoC-number: 73692026

VAT-number: NL859630213B01

ARTICLE 3 - APPLICABILITY

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

2. Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance agreement is concluded, how the general terms and conditions can be consulted by the consumer at the entrepreneur's premises, and that they will be sent free of charge to the consumer upon request as soon as possible.

3. If the distance agreement is concluded electronically, in deviation from the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated, before the distance agreement is concluded, where the general terms and conditions can be electronically accessed and that they will be sent to the consumer free of charge upon request, either electronically or by other means.

4. In case specific product or service conditions also apply alongside these general terms and conditions, the second and third paragraphs are equally applicable, and the consumer can always rely on the provision that is most favorable to them in case of conflicting conditions.

ARTICLE 4 - THE OFFER

1. If an offer has a limited validity period or is subject to conditions, this is explicitly stated in the offer.

2. The offer includes a complete and accurate description of the products, digital content, and/or services being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the products, services, and/or digital content being offered. Obvious mistakes or 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 the acceptance of the offer.

ARTICLE 5 - THE AGREEMENT

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and meeting the conditions set for that purpose.

2. If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can make electronic payments, the entrepreneur shall observe appropriate security measures for that purpose.

4. The entrepreneur, within the legal framework, may assess whether the consumer is able to fulfill their payment obligations, as well as consider all relevant facts and factors that are important for a responsible conclusion of the distance contract. If, based on this assessment, the entrepreneur has valid grounds to refuse the agreement, they are entitled to refuse an order or request with justification, or to attach special conditions to its execution.

5. The entrepreneur shall include the following information, either in writing or in such a way that the consumer can store it in an accessible manner on a durable medium, with the delivery of the product, service, or digital content:
   * The visiting address of the entrepreneur's establishment where the consumer can address complaints;
   * The conditions and method for exercising the right of withdrawal by the consumer, or a clear statement regarding the exclusion of the right of withdrawal;
   * Information about warranties and existing after-sales services;
   * The price, including all taxes, of the product, service, or digital content; where applicable, the delivery costs; and the method of payment, delivery, or performance of the distance contract;
   * If the consumer has a right of withdrawal, the model withdrawal form.

6. In the case of a continuous performance contract, the provision in the previous paragraph only applies to the initial delivery.

ARTICLE 6 - RIGHT OF WITHDRAWAL

1. The consumer has the right to cancel a contract for the purchase of a product within a cooling-off period of at least 14 calendar days without giving any reason. The entrepreneur may ask the consumer for the reason for the withdrawal, but cannot compel them to provide the reason(s) for withdrawal.

2. The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
   * if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by the consumer, has received the last product. The entrepreneur may refuse an order of multiple products with different delivery times, provided that the consumer has been clearly informed about this prior to the ordering process.
   * if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by the consumer, has received the last shipment or part.
   * in the case of agreements for regular delivery of products over a specified period: the day on which the consumer, or a third party designated by the consumer, has received the first product.
   * If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the preceding paragraphs of this article.

3. If the entrepreneur provides the information referred to in the preceding paragraph to the consumer within twelve months after the start of the original cooling-off period, the cooling-off period expires 14 calendar days after the day on which the consumer receives that information.

ARTICLE 7 - CONSUMER'S OBLIGATIONS DURING THE COOLING-OFF PERIOD

1. During the cooling-off period, the consumer will handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to determine its nature, characteristics, and functioning. The guiding principle is that the consumer may only handle and inspect the product as he would be allowed to do in a physical store.

2. The consumer is only liable for any depreciation in the value of the product that is the result of handling the product in a manner beyond what is necessary to establish its nature, characteristics, and functioning, as stated in paragraph 1.

3. The consumer shall not be liable for any depreciation in the value of the product if the entrepreneur has not provided him with all the legally required information regarding the right of withdrawal before or at the conclusion of the agreement.

ARTICLE 8 - EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND COSTS INVOLVED

1. If the consumer wishes to exercise their right of withdrawal, they shall notify the entrepreneur thereof within the cooling-off period by means of the model withdrawal form or in any other unequivocal manner.

2. As soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to the entrepreneur or a representative thereof. This is not necessary if the entrepreneur has offered to collect the product personally. The consumer has observed the return period if they return the product before the expiration of the withdrawal period.

3. The consumer returns the product with all delivered accessories, if reasonably possible, in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

5. The consumer bears the direct costs of returning the product. If the entrepreneur has not notified the consumer that they have to bear these costs, or if the entrepreneur has indicated that they will bear the costs themselves, the consumer does not have to bear the costs of returning the product.

6. If the consumer exercises their right of withdrawal, all additional agreements shall be automatically dissolved by operation of law.

ARTICLE 9 - OBLIGATIONS OF THE ENTREPRENEUR IN CASE OF WITHDRAWAL

1. If the entrepreneur enables the consumer to make the withdrawal notification electronically, they are required to promptly send an acknowledgment of receipt after receiving the notification. This acknowledgment serves as confirmation that the withdrawal request has been received by the entrepreneur.

2. The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without undue delay and no later than 14 days from the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may withhold the refund until they have received the product or until the consumer provides proof of returning the product, whichever occurs earlier.

3. The entrepreneur will use the same means of payment for the refund that the consumer used, unless the consumer agrees to a different method. The refund will be provided at no cost to the consumer.​

4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery option, the entrepreneur is not obligated to refund the additional costs incurred for the more expensive method.

5. The consumer is responsible for paying the direct costs of returning the product to the postal service.

ARTICLE 10 - EXCLUSION OF RIGHT OF WITHDRAWAL

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly indicated this in the offer, or at least in a timely manner before concluding the agreement:

1. Products that are made according to the consumer's specifications, which are not prefabricated and are made based on the individual choice or decision of the consumer, or that are clearly intended for a specific person;

2. Products that, by their nature, are irreversibly mixed with other products after delivery;

ARTICLE 11 - THE PRICE

1. 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.

2. The prices mentioned in the offer of products or services include VAT.

ARTICLE 12 - PERFORMANCE OF THE AGREEMENT AND ADDITIONAL WARRANTY

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, meet the reasonable requirements of soundness and/or usability, and comply with the legal provisions and/or government regulations existing on the date the agreement was concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.

2. Any additional warranty provided by the entrepreneur, their supplier, manufacturer, or importer shall never limit the legal rights and claims that the consumer may assert against the entrepreneur in accordance with the agreement, in case the entrepreneur has failed to fulfill their part of the agreement.

3. Extra warranty refers to any commitment made by the entrepreneur, their supplier, importer, or manufacturer, in which they grant the consumer certain rights or claims that go beyond their legal obligations in the event of a failure to fulfill their part of the agreement.

ARTICLE 13 - DELIVERY AND EXECUTION

1. The entrepreneur shall exercise the utmost care when receiving and executing product orders.

2. The address provided by the consumer to the entrepreneur shall be considered the place of delivery.

3. Subject to the provisions of Article 4 of these general terms and conditions, the entrepreneur shall fulfill accepted orders promptly and in any event within 30 working days, unless a different delivery period has been agreed upon. If delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer shall be notified of this no later than 30 working days after placing the order. In such cases, the consumer shall have the right to dissolve the agreement free of charge and the right to any compensation for damages.

4. Upon dissolution in accordance with the preceding paragraph, the entrepreneur shall promptly refund the amount paid by the consumer.

5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a designated representative, which has been previously communicated to and acknowledged by the entrepreneur, unless expressly agreed otherwise.

ARTICLE 14 - PAYMENT

1. Unless otherwise specified in the agreement or additional terms, the amounts owed by the consumer must be paid within 14 calendar days after the start of the reflection period, or in the absence of a reflection period, within 14 calendar days after the conclusion of the agreement.

2. In the sale of products to consumers, the consumer may never be obliged, in the general terms and conditions, to make an advance payment of more than 50%. If an advance payment has been agreed upon, the consumer cannot assert any rights regarding the execution of the respective order or service(s) until the agreed advance payment has been made.

3. The consumer has the obligation to immediately notify the entrepreneur of any inaccuracies in the provided or stated payment details.

4. If the consumer fails to fulfill his payment obligation(s) in a timely manner, after the entrepreneur has reminded him of the overdue payment and granted the consumer a period of 14 calendar days to fulfill his payment obligations, and payment is not made within this 14-day period, the consumer will be liable for statutory interest on the outstanding amount, and the entrepreneur is entitled to charge the consumer for extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the subsequent €2,500, and 5% on the following €5,000, with a minimum of €40. The entrepreneur may deviate from these amounts and percentages in favor of the consumer.

ARTICLE 15 - COMPLAINTS PROCEDURE

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

2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.

3. Complaints submitted to the entrepreneur will be answered within a period of 14 working days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14 working days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
   
   
4. If the complaint cannot be resolved through mutual agreement, a dispute arises that is eligible for dispute resolution.
   
   
5. In case of complaints, a consumer should first contact the entrepreneur. If the online store is affiliated with the WebwinkelKeur Foundation and if complaints cannot be resolved through mutual agreement, the consumer should contact the WebwinkelKeur Foundationr (www.webwinkelkeur.nl), which will mediate for free. Check if this online store has an active membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the option to have the complaint handled by the independent dispute resolution committee appointed by the WebwinkelKeur Foundation; the decision is binding, and both the entrepreneur and the consumer agree to this binding decision. There are costs associated with submitting a dispute to this committee, which the consumer must pay to the respective committee. It is also possible to submit 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, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.
   

ARTICLE 16 - DISPUTES

De consument dient de ondernemer in ieder geval 4 weken de tijd te geven om de klacht in onderling overleg op te lossen.

ARTICLE 17 - ADDITIONAL OR DEVIATING PROVISIONS

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