Article 1 – Definitions

In these Terms and Conditions, the following definitions apply:

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

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

Consumer: a natural person acting for purposes outside their trade, business, craft or profession.

Day: calendar day.

Digital content: data produced and supplied in digital form.

Long-term agreement: an agreement for the regular supply of products, services and/or digital content during a specified period.

Durable medium: any tool, including email, that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unchanged reproduction.

Right of withdrawal: the consumer's right to withdraw from the distance contract within the cooling-off period.

Trader: the natural or legal person offering products, digital content and/or services to consumers at a distance.

Distance contract: an agreement concluded between the trader and the consumer within an organised system for distance selling using one or more means of distance communication.

Model withdrawal form: the European model withdrawal form included in Annex I of these Terms and Conditions.

Means of distance communication: any method that can be used to conclude an agreement without the trader and consumer being physically present together.

Article 2 – Identity of the Trader

Ergomax B.V.
Groesbeekseweg 2
6524 DA Nijmegen
The Netherlands

Email: support@ergomax.nl

Article 3 – Applicability

These Terms and Conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.

Before a distance contract is concluded, these Terms and Conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate how the Terms and Conditions can be inspected and that they will be provided free of charge upon request.

If the distance contract is concluded electronically, these Terms and Conditions will be made available electronically in a manner that enables the consumer to store them on a durable medium.

If specific product or service conditions also apply, the consumer may always rely on the provision that is most favourable in the event of conflicting terms.

Article 4 – The Offer

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

The offer contains a complete and accurate description of the products, digital content and/or services offered. Images are a true representation of the products and services. Obvious mistakes or errors are not binding on the trader.

Each offer contains sufficient information to make it clear to the consumer what rights and obligations are attached to acceptance of the offer.

Article 5 – The Agreement

The agreement is concluded when the consumer accepts the offer and fulfils the stated conditions.

If the consumer accepts the offer electronically, the trader will immediately confirm receipt electronically.

The trader takes appropriate technical and organisational measures to secure electronic data transfers and provides a secure online environment.

The trader may verify whether the consumer can fulfil their payment obligations and may refuse an order or impose special conditions where justified.

No later than upon delivery, the trader will provide information regarding:

the business address for complaints;
the conditions and procedure for exercising the right of withdrawal;
warranty information;
the total price including taxes;
delivery costs where applicable;
payment and delivery methods;
termination conditions for long-term agreements;
the model withdrawal form where applicable.

Article 6 – Right of Withdrawal

For products, the consumer has the right to withdraw from the agreement within 14 days without giving any reason.

The withdrawal period starts on the day after the consumer, or a designated third party other than the carrier, receives the goods.

For services and digital content not supplied on a tangible medium, the consumer has at least 14 days from the conclusion of the agreement to withdraw.

Article 7 – Consumer Obligations During the Cooling-off Period

During the cooling-off period, the consumer shall handle the product and packaging with care.

The consumer may only unpack or use the product to the extent necessary to determine its nature, characteristics and functioning.

The consumer is only liable for any diminished value resulting from handling beyond what is necessary.

Article 8 – Exercising the Right of Withdrawal

The consumer must notify the trader of the withdrawal within the cooling-off period using the model withdrawal form or another clear statement.

The product must be returned within 14 days after notification, including all accessories where reasonably possible, in its original condition and packaging.

The burden of proof for timely withdrawal rests with the consumer.

Article 9 – Obligations of the Trader in Case of Withdrawal

The trader will reimburse all payments, including delivery costs where applicable, within 14 days after receiving the withdrawal notice.

Refunds will be made using the same payment method unless otherwise agreed.

Article 10 – Exclusion of the Right of Withdrawal

The right of withdrawal may be excluded only where permitted by law, including for:

products subject to financial market fluctuations;
fully performed services with prior consumer consent;
customised products;
perishable goods;
sealed products unsuitable for return for health or hygiene reasons once unsealed.

Article 11 – Prices

Prices remain valid during the stated validity period except where VAT rates change.

All prices include VAT unless stated otherwise.

Article 12 – Performance of the Agreement and Additional Warranty

The trader guarantees that products and services comply with the agreement, applicable legal requirements and reasonable standards of quality.

Any additional warranty provided by the trader, supplier, manufacturer or importer does not affect the consumer's statutory rights.

Article 13 – Delivery and Performance

The trader will exercise due care in processing and fulfilling orders.

Delivery takes place at the address provided by the consumer.

Accepted orders will be fulfilled as quickly as possible and no later than 30 days, unless another delivery period has been agreed.

If delivery is delayed or cannot be completed, the consumer will be informed within 30 days and may cancel the agreement free of charge.

The risk of loss or damage remains with the trader until delivery.

Article 14 – Duration, Termination and Renewal

Consumers may terminate indefinite agreements at any time with a notice period of no more than one month.

Fixed-term agreements may be terminated at the end of the agreed period under the agreed conditions.

Automatic renewals are permitted only where allowed by law and under the conditions set out in these Terms.

Article 15 – Payment

Unless otherwise agreed, payment must be made within 14 days after the cooling-off period begins, or, where no cooling-off period applies, within 14 days after concluding the agreement.

Consumers may never be required to pay more than 50% in advance, unless permitted by law.

Late payment may result in statutory interest and reasonable debt collection costs.

Article 16 – Complaints Procedure

Complaints should be submitted within a reasonable time after the defect is discovered.

Complaints will be answered within 14 days. If more time is needed, the consumer will receive an acknowledgement together with an estimated response time.

Article 17 – Privacy Statement

Ergomax values the privacy of its customers. A separate Privacy Policy is available on our website.

Article 18 – Governing Law

These Terms and Conditions and all agreements between the trader and the consumer are governed exclusively by Dutch law.

Article 19 – Additional or Deviating Provisions

Any additional or deviating provisions may not be detrimental to the consumer and must be recorded in writing or in a manner that allows the consumer to store them on a durable medium.

The consumer may also use the European Model Withdrawal Form to exercise the right of withdrawal.

Terms and Conditions for Purchases