Algemene Voorwaarden

General Terms and Conditions

Table of Contents

Article 1 – Definitions
Article 2 – Identity of the trader
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Costs in the event of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and execution
Article 12 – Long-term transactions: term, termination, and renewal
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or deviating provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  1. Cooling-off period: the period within which the consumer can make use of the right of withdrawal;
  2. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession and enters into a distance contract with the trader;
  3. Day: calendar day;
  4. Long-term transaction: a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;
  5. Durable data carrier: any tool that enables the consumer or trader to store information addressed personally to them in a way that makes future consultation and unchanged reproduction of the stored information possible;
  6. Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
  7. Model form: the model withdrawal form made available by the trader that a consumer can fill in when wishing to exercise the right of withdrawal;
  8. Trader: the natural or legal person who offers products and/or services to consumers at a distance;
  9. Distance contract: a contract concluded within the framework of a system organized by the trader for distance selling of products and/or services, whereby up to and including the conclusion of the contract exclusive use is made of one or more means of distance communication;
  10. Means of distance communication: a means that can be used for concluding a contract without the consumer and trader being together in the same room at the same time;
  11. General Terms and Conditions: these General Terms and Conditions of the trader.

Article 2 – Identity of the trader


Company details:

Dynamic Solutions group LLC


Email: info@unlockyourhumandesign.com

Article 3 – Applicability

  1. These general terms and conditions apply to every offer from the trader and to every distance contract and order concluded between trader and 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 reasonably not possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the trader’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.
  3. If the distance contract is concluded electronically, then, contrary to 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 by electronic means in such a way that the consumer can store it on a durable data carrier in a simple manner. If this is reasonably not possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge at the consumer’s request either electronically or otherwise.
  4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis and, in case of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them.
  5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions will otherwise remain in force and the relevant provision will be replaced promptly by mutual agreement by a provision that approximates the intent of the original as closely as possible.
  6. Situations not covered by these general terms and conditions should be assessed “in the spirit” of these general terms and conditions.
  7. Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must likewise be interpreted “in the spirit” of these general terms and conditions.

Article 4 – The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
  2. The offer is without obligation. The trader is entitled to change and adjust the offer.
  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the trader.
  4. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
  5. Images of products are a truthful representation of the products offered. The trader cannot guarantee that the displayed colors exactly correspond to the real colors of the products.
  6. Each offer contains such information that it is clear to the consumer what rights and obligations are associated with the acceptance of the offer. This includes in particular:
    a. the price including taxes;
    b. any shipping costs;
    c. the manner in which the agreement will be concluded and which actions are required for that;
    d. whether or not the right of withdrawal applies;
    e. the method of payment, delivery, and execution of the agreement;
    f. the period for accepting the offer or the period during which the trader guarantees the price;
    g. the level of the tariff for distance communication if the costs of using the means of distance communication are calculated on a different basis than the regular base rate for the used means of communication;
    h. whether the agreement will be archived after conclusion, and if so, how it can be consulted by the consumer;
    i. the way the consumer, before concluding the agreement, can check the information provided by them under the agreement and correct it if desired;
    j. any other languages in which, in addition to Dutch, the agreement can be concluded;
    k. the codes of conduct to which the trader has submitted and the way the consumer can consult these codes of conduct electronically; and
    l. the minimum duration of the distance contract in the event of a long-term 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 meets the associated conditions.
  2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer by electronic means. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.
  3. If the agreement is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures for this purpose.
  4. The trader may—within legal frameworks—inform themselves whether the consumer can meet their payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the trader has good grounds not to enter into the agreement, they are entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
  5. The trader 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 trader’s business where the consumer can lodge complaints;
    b. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    c. information about warranties and existing after-sales service;
    d. the information included in Article 4 paragraph 3 of these conditions, unless the trader has already provided this information to the consumer before the execution of the agreement;
    e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
  6. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
  7. Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

For delivery of products:

  1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 14 or 30 days. The cooling-off period indicated on the sales page starts on the day after the consumer or a representative designated in advance by the consumer and notified to the trader 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 whether they wish to keep it. If they make use of the right of withdrawal, they will return the product with all supplied accessories and—if reasonably possible—in the original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.
  3. If the consumer wishes to exercise the right of withdrawal, they are obliged to notify the trader within 14 or 30 days after receiving the product. The consumer must notify by means of the model form. After the consumer has indicated that they wish to exercise the right of withdrawal, the customer must return the product within 14 or 30 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.
  4. If, upon expiry of the terms mentioned in paragraphs 2 and 3, the customer has not indicated that they wish to exercise the right of withdrawal and/or has not returned the product to the trader, the purchase is a fact.

For delivery of services:
5. In the case of services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 or 30 days, starting on the day the agreement is concluded. The exact number of days for withdrawal will be clearly indicated on the sales page.
6. To exercise the right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader with the offer and/or at the latest upon delivery.

Article 7 – Costs in the event of withdrawal

  1. If the consumer makes use of the right of withdrawal, at most the costs of return shipping are for their account.
  2. If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition here is that the product has already been received back by the online retailer or conclusive proof of complete return can be provided.

Article 8 – Exclusion of the right of withdrawal

  1. The trader may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal is only possible if the trader has clearly stated this in the offer, at least in good time before concluding the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
    a. that are produced by the trader according to the consumer’s specifications;
    b. that are clearly of a personal nature;
    c. that by their nature cannot be returned;
    d. that can spoil or age quickly;
    e. whose price is subject to fluctuations in the financial market over which the trader has no influence;
    f. for single newspapers and magazines;
    g. for audio and video recordings and computer software of which the consumer has broken the seal;
    h. for hygienic products of which the consumer has broken the seal.
  3. Exclusion of the right of withdrawal is only possible for services:
    a. concerning accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
    b. the delivery of which has begun with the express consent of the consumer before the cooling-off period has expired;
    c. concerning bets and lotteries.

Article 9 – The price

  1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
  2. Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence, at variable prices. This linkage to fluctuations and the fact that any prices stated are recommended prices will be stated in the offer.
  3. Price increases within 3 months after concluding the agreement are only permitted if they result from legal regulations or provisions.
  4. Price increases from 3 months after concluding the agreement are only permitted if the trader has stipulated this and:
  5. they result from legal regulations or provisions; or
  6. the consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.
  7. The prices stated in the offer of products or services include VAT.
  8. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the trader is not obliged to deliver the product according to the erroneous price.

Article 10 – Conformity and warranty

  1. The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the trader also guarantees that the product is suitable for use other than normal use.
  2. A warranty provided by the trader, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the trader under the agreement.
  3. Any defects or incorrectly delivered products must be reported to the trader in writing within 4 weeks after delivery. Products must be returned in the original packaging and in new condition.
  4. The trader’s warranty period corresponds to the factory warranty period. However, the trader 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.
  5. The warranty does not apply if:
    a. The consumer has repaired and/or processed the delivered products themselves or had them repaired and/or processed by third parties;
    b. The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or treated contrary to the trader’s instructions and/or the packaging;
    c. The defect is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and execution

  1. The trader will take the greatest possible care when receiving and executing product orders and when assessing requests for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the company.
  3. Subject to what is stated 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 be executed or only partially, 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.
  4. All delivery periods are indicative. The consumer cannot derive any rights from any periods mentioned. Exceeding a term does not entitle the consumer to compensation.
  5. In the event of dissolution in accordance with paragraph 3 of this article, the trader will refund the amount that the consumer has paid as soon as possible, but at the latest within 30 days after dissolution.
  6. If delivery of an ordered product proves impossible, the trader will endeavor to make a replacement item available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. For replacement items the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the trader.
  7. The risk of damage and/or loss of products rests with the trader up to the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 – Long-term transactions: term, termination, and renewal

Termination

  1. The consumer may terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
  2. The consumer may terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
  3. The consumer may terminate the agreements referred to in the previous paragraphs:
    • at any time and not be limited to termination at a particular time or in a particular period;
    • at least in the same way as they were entered into;
    • always with the same notice period as the trader has stipulated for themselves.

Renewal
4. An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
5. Contrary to the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed period of a maximum of three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
6. An agreement entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate 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 the agreement extends to the regular but less than once-a-month delivery of daily, news, and weekly newspapers and magazines.
7. An agreement with limited duration for the regular delivery for introduction of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration
8. 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 oppose termination before the end of the agreed duration.

Article 13 – Guidelines for Digital Memberships: Duration and Termination Process

Unless otherwise indicated, memberships for access to online content are entered into for an indefinite period from the confirmation of the membership. Membership fees for payments via iDEAL, Bancontact, or recurring direct debit will be debited periodically. PayPal users will see that payments are handled automatically.

Memberships that start with a free trial period will automatically convert to a paid subscription at the then-current rate after the trial ends, unless otherwise agreed in advance. Payment must be made in advance via an agreed payment method. In the absence of payment, the service provider has the right to suspend access or terminate the membership without prior notice.

Termination of the membership must be done online, either directly by email or via a specific webpage that provides a cancellation form. All relevant account details provided at the start of the membership must be included, including at least the member’s full name and email address, the name of the subscription, the method of payment, the reference number, and the purchase date.

Memberships without a fixed term may be terminated by the member at any time, provided termination is made with one month’s notice and according to the prescribed termination procedure.

Memberships with a fixed term can only be terminated at the end of the relevant period, in accordance with the termination procedure and subject to one month’s notice.

If a fixed-term membership is continued automatically and without notice, this continuation will be considered a new period of indefinite duration. Under these conditions, termination is always possible, subject to the established notice period of one month and in accordance with the termination procedure.

Article 14 – Payment

  1. Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of a contract for the provision of a service, this period begins after the consumer has received the confirmation of the agreement.
  2. The consumer has the duty to promptly report inaccuracies in payment data provided or stated to the trader.
  3. In the event of non-payment by the consumer, the trader has the right, subject to legal limitations, to charge the reasonable costs previously made known to the consumer.

Article 15 – Complaints procedure

  1. The trader has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the performance of the agreement must be submitted fully and clearly described to the trader within 7 days after the consumer has discovered the defects.
  3. Complaints submitted to the trader will be answered within a period of 30 days from the date of receipt. If a complaint requires foreseeably longer processing time, the trader will respond within the 30-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
  5. A complaint does not suspend the trader’s obligations, unless the trader indicates otherwise in writing.
  6. If a complaint is found to be justified by the trader, the trader will, at their option, replace or repair the delivered products free of charge.

Article 16 – Disputes

  1. Only Dutch law applies to agreements between the trader and the consumer to which these general terms and conditions relate. This also applies if the consumer resides abroad.
  2. The Vienna Sales Convention does not apply.

Article 16 – Additional or deviating provisions

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

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