Terms and Conditions


Article 1 – Definitions

In these Terms and Conditions, the following definitions apply:

Cooling-off period: the period during which the consumer may exercise their right of withdrawal;

Consumer: a natural person who is not acting for purposes related to their trade, business, craft, or profession and who enters into a distance agreement with the merchant;

Day: calendar day;

Extended transaction: a distance agreement relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

Durable medium: any tool that enables the consumer or merchant to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;

Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the cooling-off period;

Merchant: the natural or legal person who offers products and/or services to consumers at a distance;

Distance agreement: an agreement concluded within the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the agreement;

Means of distance communication: any method that can be used to conclude an agreement without the consumer and merchant being physically present in the same place at the same time.

Terms and Conditions: these General Terms and Conditions of the merchant.

Article 2 – Applicability

These General Terms and Conditions apply to every offer made by the merchant and to every distance agreement and order concluded between the merchant and the consumer.

Before the distance agreement is concluded, the text of these Terms and Conditions will be made available to the consumer. If this is not reasonably possible, the merchant will indicate, prior to the conclusion of the distance agreement, where the Terms and Conditions can be reviewed and that they will be sent free of charge upon request.

If the distance agreement is concluded electronically, the text of these Terms and Conditions may be provided electronically to the consumer in such a way that it can easily be stored on a durable medium. If this is not reasonably possible, the merchant will indicate where the Terms and Conditions can be accessed electronically and that they will be provided free of charge upon request.

If specific product or service conditions apply in addition to these Terms and Conditions, the second and third paragraphs apply accordingly. In the event of conflicting conditions, the consumer may always rely on the provision most favorable to them.

If one or more provisions of these Terms and Conditions are at any time wholly or partially void or annulled, the agreement and the remaining provisions will remain in force. The provision concerned will be replaced by a provision that most closely reflects the original intent.

Situations not covered by these Terms and Conditions must be assessed in accordance with the spirit of these Terms and Conditions.

Any ambiguities regarding the interpretation or content of one or more provisions must be interpreted in accordance with the spirit of these Terms and Conditions.

Article 3 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be clearly stated in the offer.

The offer is non-binding. The merchant reserves the right to modify or adjust the offer.

The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the merchant uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding on the merchant.

All images, specifications, and information in the offer are indicative and cannot give rise to compensation or termination of the agreement.

Product images are a true representation of the products offered. However, the merchant cannot guarantee that displayed colors exactly match the actual product colors.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This includes in particular:

  • the price, excluding customs clearance costs and import duties. These additional costs and risks are the responsibility of the customer. The postal or courier service will apply the special arrangement for postal and courier services and collect any applicable import VAT and/or clearance fees from the recipient;
  • any shipping costs;
  • the manner in which the agreement will be concluded and what actions are required;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery, and performance of the agreement;
  • the period for accepting the offer or the period during which the merchant guarantees the price;
  • the cost of distance communication if calculated on a basis other than the regular rate;
  • whether the agreement will be archived after conclusion and how the consumer can access it;
  • how the consumer can check and, if necessary, correct the information provided before concluding the agreement;
  • any languages other than English in which the agreement may be concluded;
  • any codes of conduct to which the merchant is subject and how the consumer can consult these electronically;
  • the minimum duration of the distance agreement in the case of an extended transaction.

Optional: available sizes, colors, and material types.

Article 4 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions stated.

If the consumer has accepted the offer electronically, the merchant will promptly confirm receipt of the acceptance electronically. As long as receipt of this acceptance has not been confirmed, the consumer may cancel the agreement.

If the agreement is concluded electronically, the merchant will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the merchant will take appropriate security measures.

Within legal limits, the merchant may assess whether the consumer is able to meet their payment obligations, as well as all relevant facts and factors necessary for responsibly entering into the distance agreement. If the merchant has good reason not to enter into the agreement based on this assessment, they are entitled to refuse an order or request or attach special conditions to its execution.

The merchant will provide the consumer with the following information, in writing or in a manner that allows it to be stored on a durable medium, no later than upon delivery:

  1. the business address of the merchant where the consumer can submit complaints;
  2. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;
  3. information about warranties and existing after-sales services;
  4. the information included in Article 4 paragraph 3, unless already provided before performance of the agreement;
  5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.

In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.

Every agreement is concluded subject to the availability of the relevant products.

Article 5 – Right of Withdrawal

Upon purchasing products, the consumer has the right to cancel the agreement without giving any reason within 30 days. This cooling-off period begins on the day after the consumer, or a representative designated by the consumer and made known to the merchant, receives the product.

During the cooling-off period, the consumer must handle the product and packaging with care. The product may only be unpacked or used to the extent necessary to determine whether the consumer wishes to keep it. If the consumer exercises the right of withdrawal, they must return the product with all supplied accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the merchant.

To exercise the right of withdrawal, the consumer must notify the merchant within 30 days of receiving the product by means of a written message or email. After notifying the merchant, the consumer must return the product within 30 days. The consumer must provide proof that the goods were returned on time, for example by providing proof of shipment.

If the consumer has not notified the merchant of their intention to exercise the right of withdrawal within the specified periods and/or has not returned the product, the purchase becomes final.

Article 6 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the cost of returning the products is borne by the consumer.

If the consumer has made a payment, the merchant will refund the amount as soon as possible, but no later than 30 days after withdrawal, provided the product has already been received by the merchant or conclusive proof of complete return has been provided.

Article 7 – Exclusion of the Right of Withdrawal

The merchant may exclude the consumer’s right of withdrawal for products described below, provided this is clearly stated in the offer prior to the conclusion of the agreement.

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

  1. made according to the consumer’s specifications;
  2. that are clearly personal in nature;
  3. that cannot be returned due to their nature;
  4. that may spoil or expire quickly;
  5. whose price is subject to fluctuations in the financial market beyond the merchant’s control;
  6. for single newspapers and magazines;
  7. for audio and video recordings and computer software if the seal has been broken;
  8. for hygiene products if the seal has been broken.

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

  1. relating to accommodation, transportation, catering, or leisure activities to be performed on a specific date or during a specific period;
  2. where performance has begun with the consumer’s explicit consent before the cooling-off period has expired;
  3. relating to betting and lotteries.

Article 8 – Prices

During the validity period stated in the offer, the prices of the products and/or services will not be increased, except for price changes resulting from changes in tax rates.

Notwithstanding the previous paragraph, the merchant may offer products or services with variable prices if they are subject to fluctuations in the financial market beyond the merchant’s control. This dependency on fluctuations and the fact that any stated prices are target prices will be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they result from legal regulations or provisions.

Price increases after 3 months from the conclusion of the agreement are only permitted if the merchant has stipulated this and:

  1. they result from legal regulations or provisions; or
  2. the consumer has the right to terminate the agreement as of the date the price increase takes effect.

The place of delivery is determined in accordance with applicable tax legislation and may be outside the EU. In such cases, import VAT and/or customs clearance fees will be collected from the recipient by the postal or courier service. Therefore, the merchant will not charge VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In the event of such errors, the merchant is not obliged to deliver the product at the incorrect price.

Article 9 – Identity of the Merchant

Company name: AA Retail & Commerce
Business address: President Rooseveltlaan 750, 4382VX, Vlissingen, NL
Email: info@selo-sinclair.com
Business registration number: 92290914
Tax identification number: NL004947458B25

Article 10 – Conformity and Warranty

The merchant guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of quality and usability, and applicable legal provisions and government regulations existing at the date of the agreement. If agreed, the merchant also guarantees that the product is suitable for use other than normal use.

A warranty provided by the merchant, manufacturer, or importer does not affect the legal rights and claims the consumer may have against the merchant under the agreement.

Any defects or incorrectly delivered products must be reported to the merchant in writing within 30 days after delivery. Products must be returned in their original packaging and in new condition.

The merchant’s warranty period corresponds to the manufacturer’s warranty period. However, the merchant 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 products themselves or had them repaired and/or modified by third parties;
  • the products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the merchant and/or packaging;
  • the defect is wholly or partially the result of regulations imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

The merchant will exercise the greatest possible care when receiving and fulfilling orders for products.

The place of delivery is the address provided by the consumer to the merchant.

Subject to what is stated in Article 4 of these Terms and Conditions, the merchant will execute accepted orders promptly and no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement free of charge and may be entitled to compensation.

In the event of termination as described above, the merchant will refund the amount paid by the consumer as soon as possible and no later than 30 days after termination.

If delivery of an ordered product proves impossible, the merchant will make every effort to provide a replacement item. At the latest upon delivery, it will be clearly and understandably stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The cost of any return shipment is borne by the merchant.

The risk of damage and/or loss of products rests with the merchant until the moment of delivery to the consumer or a previously designated representative, unless expressly agreed otherwise.

Article 12 – Extended Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate an agreement entered into for an indefinite period and which provides for the regular delivery of products or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term agreement that provides for the regular delivery of products or services at any time toward the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to above:

  • at any time and not be limited to termination at a specific time or during a specific period;
  • in the same manner as the agreement was entered into;
  • with the same notice period as the merchant has stipulated for themselves.

Renewal

A fixed-term agreement for the regular delivery of products or services may not be automatically renewed or extended for a fixed term.

By way of exception, a fixed-term agreement for the regular delivery of daily newspapers, weekly newspapers, or magazines may be automatically renewed for a fixed term of up to three months, provided the consumer may terminate the renewed agreement at the end of the renewal period with a notice period of no more than one month.

A fixed-term agreement may only be automatically renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, or no more than three months if the agreement relates to the delivery of newspapers or magazines less than once per month.

A limited-duration agreement for the regular delivery of newspapers or magazines for introductory or trial purposes will not be automatically continued and will end automatically after 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 term.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of a service agreement, this period begins after the consumer has received confirmation of the agreement.

The consumer is obliged to immediately report any inaccuracies in provided or stated payment details to the merchant.

In the event of non-payment by the consumer, the merchant has the right, subject to legal limitations, to charge reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure

Complaints regarding the performance of the agreement must be submitted to the merchant within 7 days after the consumer has discovered the defect, fully and clearly described.

Complaints submitted to the merchant will be answered within 30 days from the date of receipt. If a complaint requires a longer processing time, the merchant will respond within 30 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.

If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the merchant’s obligations, unless the merchant indicates otherwise in writing.

If a complaint is found to be justified by the merchant, the merchant will, at their discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

All agreements between the merchant and the consumer to which these Terms and Conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.

Article 16 – CESOP

Due to measures introduced and strengthened as of 2024 in connection with the implementation of amendments to VAT legislation relating to payment services, payment service providers may record transaction data in the European Central Electronic System of Payment Information (CESOP).