Terms & Conditions

Article 1 – Definitions

In these Terms and Conditions, the following definitions shall apply:

• Cooling-Off Period: The period within which the consumer may exercise his right of withdrawal.
• Consumer: A natural person acting for purposes that are outside his trade, business, or profession, who enters into a distance selling contract with the entrepreneur.
• Calendar Day: A full day as measured by the calendar.
• Ongoing Transaction: A distance selling contract that relates to a series of products and/or services whose delivery and/or purchase obligations are spread over a specified period.
• Permanent Data Carrier: Any means that allows the consumer or trader to store information addressed to him in such a way that it can be retrieved and reproduced unchanged at a later time.
• Right of Withdrawal: The right of the consumer to rescind the distance selling contract within the cooling-off period.
• Entrepreneur: The natural or legal person who offers goods and/or services to consumers through distance selling.
• Distance Selling Contract: An agreement in which, as part of a system organized by the entrepreneur for the distance sale of goods and/or services, one or more remote communication technologies are used exclusively until the contract is concluded.
• Remote Communication Technology: Means used to conclude a contract without the consumer and the entrepreneur having to be present together in the same room.
• General Terms and Conditions: These General Terms and Conditions of the entrepreneur.

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Article 2 – Identity of the Entrepreneur

• Business Name: Santorina
• Chamber of Commerce: Available upon request

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Article 3 – Applicability

1. These General Terms and Conditions apply to every offer made by the entrepreneur and to every distance selling contract and order entered into between the entrepreneur and the consumer.
2. Prior to the conclusion of the distance selling contract, the text of these General Terms and Conditions shall be made available to the consumer. If this is not reasonably possible, the consumer shall be informed before the contract is concluded that the General Terms and Conditions may be inspected at the entrepreneur’s business premises, and they will be provided free of charge upon request as soon as possible.
3. If the distance selling contract is concluded by electronic means contrary to the previous paragraph, the text of these General Terms and Conditions may be provided electronically in such a manner that the consumer can easily store it on a permanent data carrier. If this is not reasonably possible, the consumer shall be informed before the contract is concluded where the General Terms and Conditions can be inspected electronically and that they will be provided free of charge upon request either electronically or by other means.
4. In the event that, in addition to these General Terms and Conditions, specific product or service conditions apply, paragraphs 2 and 3 shall apply accordingly. In the event of any conflict between the General Terms and Conditions, the consumer may always invoke the provision that is most advantageous to him.
5. Should one or more provisions of these General Terms and Conditions become wholly or partially invalid or void at any time, the contract and these Terms and Conditions shall otherwise remain in full force, and the invalid or void provision shall be replaced as soon as possible by a provision that most nearly reflects the original intent.
6. Situations not expressly provided for in these General Terms and Conditions shall be interpreted “in the spirit” of these Terms and Conditions.
7. Any ambiguities in the interpretation or content of one or more provisions of our General Terms and Conditions shall be construed in the sense of these General Terms and Conditions.

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Article 4 – The Offer

1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. The entrepreneur reserves the right to modify 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 allow the consumer to properly evaluate the offer. If the entrepreneur uses images, they provide a truthful representation of the products and/or services offered. Obvious errors or mistakes in the offer shall not bind the entrepreneur.
4. All images, specifications, and data in the offer are indicative and shall not serve as a basis for compensation or for rescinding the agreement.
5. The images of the products accurately represent the products offered. The entrepreneur cannot guarantee that the colors depicted exactly correspond to the actual colors of the products.
6. Each offer includes information that clearly informs the consumer of the rights and obligations associated with accepting the offer. This includes, in particular:
   • The price, excluding customs clearance fees and import sales tax (these additional costs are the responsibility and risk of the customer; the postal and/or courier service will apply the special import regulations, and the import VAT and/or clearance fees will be charged to the recipient);
   • Any shipping fees;
   • The manner in which the contract is concluded and the actions required for its conclusion;
   • Whether the right of withdrawal is applicable;
   • The methods of payment, delivery, and performance of the contract;
   • The period during which the offer may be accepted or the period during which the trader guarantees the price;
   • The amount of any remote communication tariff, if the costs for using remote communication technology are charged on a basis different from the regular base tariff for the communication medium;
   • Whether the contract will be archived after its conclusion and, if so, how the consumer can access it;
   • The procedure by which the consumer may review and, if necessary, correct the information provided as part of the contract before its conclusion;
   • All languages other than Dutch in which the contract may be concluded;
   • The codes of conduct to which the trader is subject and how the consumer can inspect these codes of conduct electronically; and
   • The minimum duration of the distance selling contract in the case of a term contract.
7. Optional: Available sizes, colors, and types of materials.

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Article 5 – The Agreement

1. Subject to the provisions in Article 4, the contract is concluded at the moment the consumer accepts the offer and fulfills the conditions specified therein.
2. If the consumer accepts the offer by electronic means, the trader shall promptly confirm receipt of the acceptance electronically. Until the entrepreneur confirms receipt of this acceptance, the consumer may rescind the contract.
3. When the contract is concluded by electronic means, the entrepreneur shall implement appropriate technical and organizational measures to protect electronic data transmission and ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur shall implement appropriate security measures.
4. Within the limits permitted by law, the entrepreneur may verify whether the consumer is capable of fulfilling his payment obligations, as well as all other facts and factors that are important for a responsible conclusion of the distance selling contract. If, based on this assessment, the entrepreneur has valid reasons not to conclude the contract, he is entitled either to reject an order or application or to condition its execution on special terms, stating his reasons.
5. At the time of delivery of the goods or service, the entrepreneur shall provide the consumer with the following information in writing or in a manner that allows it to be stored on a permanent data carrier:
   1. The contact address of the entrepreneur’s branch where the consumer may direct complaints.
   2. The conditions and procedures by which the consumer may exercise his right of withdrawal, or a clear indication of the exclusion of that right.
   3. Information regarding guarantees and any available customer service.
   4. The information referred to in Article 4, paragraph 3 of these Terms and Conditions, unless the entrepreneur has already provided this information to the consumer prior to the conclusion of the contract.
   5. The conditions for termination of the contract if the contract has a duration of more than one year or is concluded for an indefinite period.
6. In the case of a term contract, the provisions of the preceding paragraph shall apply only to the first delivery.
7. Each contract is concluded subject to the condition that the products in question are sufficiently available.

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Article 6 – Right of Withdrawal

1. In the case of the purchase of products, the consumer may rescind the contract without providing any reason within a period of 14 days. This cooling-off period begins on the day following the receipt of the product by the consumer or by a representative designated by the consumer and communicated to the entrepreneur.
2. During the cooling-off period, the consumer shall handle the product and its packaging with care. The product may be unpacked or used only to the extent necessary to assess whether the consumer wishes to retain it. If the consumer exercises his right of withdrawal, he shall return the product along with all accompanying accessories and, if possible, in its original condition and packaging in accordance with the clear and reasonable instructions provided by the entrepreneur.
3. To exercise the right of withdrawal, the consumer must notify the entrepreneur within 14 days of receiving the product. This notification should be made in writing or by email. After declaring his intention to withdraw, the consumer must return the product within 14 days. The consumer is responsible for proving that the goods were returned on time (for example, by providing a shipping receipt).
4. If the consumer does not express his wish to exercise the right of withdrawal or fails to return the product within the periods specified in paragraphs 2 and 3, the purchase shall be considered final.

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Article 7 – Costs in the Event of Withdrawal

1. Should the consumer exercise his right of withdrawal, the costs for returning the goods shall be borne by the consumer.
2. If the consumer has made any payment, the entrepreneur shall refund the amount as soon as possible, and in any event no later than 14 days after the withdrawal. This refund is contingent upon the entrepreneur’s receipt of the returned goods or conclusive evidence of their complete return.

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Article 8 – Exclusion of the Right of Withdrawal

1. The entrepreneur may exclude the consumer’s right of withdrawal for the products described in paragraphs 2 and 3 below. Such an exclusion is valid only if the trader has clearly indicated this in the offer or, at the latest, before the conclusion of the contract.
2. The exclusion of the right of withdrawal is applicable only to products that:
   1. Have been manufactured by the entrepreneur according to the consumer’s specifications;
   2. Are clearly of a personal nature;
   3. Cannot be returned due to their nature;
   4. Are likely to perish or deteriorate quickly;
   5. Have a price subject to fluctuations in the financial market over which the entrepreneur has no control;
   6. Consist of individual newspapers and magazines;
   7. Consist of audio or video recordings and computer software if the consumer has broken the seal;
   8. Consist of hygiene products if the consumer has removed the seal.
3. With respect to services, an exclusion of the right of withdrawal is possible only for:
   1. Services relating to accommodation, transportation, catering, or leisure activities to be provided on a specific day or during a specified period;
   2. Services for which delivery has commenced with the explicit consent of the consumer before the withdrawal period has expired;
   3. Services relating to bets and lotteries.

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Article 9 – The Price

1. During the validity period specified in the offer, the prices for the products and/or services offered may not be increased, except in the case of price changes resulting from changes in the applicable value-added tax rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with prices that fluctuate due to financial market variations beyond his control. In such cases, the connection between these fluctuations and the fact that the prices are indicative shall be mentioned in the offer.
3. Price increases within three months after the conclusion of the contract are permissible only if they result from legal provisions or regulations.
4. Price increases after three months from the conclusion of the contract are permissible only if stipulated by the entrepreneur and:
   • Based on legal provisions or regulations, or
   • Allow the consumer the right to terminate the contract on the day the price increase takes effect.
5. For the purpose of Article 5, paragraph 1 of the Value Added Tax Act of 1968, the place of delivery is deemed to be the country from which transportation begins. In this case, delivery takes place outside the EU. Therefore, the postal or courier service will charge the import sales tax or clearance fees to the customer, and the entrepreneur will not charge any value-added tax.
6. All prices are subject to printing errors. No liability shall be assumed for any consequences arising from printing or typesetting errors. In the event of such errors, the entrepreneur is not obligated to supply the product at the incorrect price.

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Article 10 – Conformity and Warranty

1. The entrepreneur warrants that the products and/or services conform to the contract, the specifications stated in the offer, the reasonable requirements for reliability and usability, and the legal provisions and/or official regulations in force at the time the contract is concluded. Where agreed, the trader additionally warrants that the product is suitable for uses other than its normal purpose.
2. Any guarantee provided by the trader, manufacturer, or importer shall not affect the consumer’s statutory rights and claims against the trader under the agreement.
3. Defective or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. Returned products must be in their original packaging and in new condition.
4. The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur shall not be held responsible for the ultimate suitability of the products for any particular application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:
   • The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by a third party;
   • The delivered products have been exposed to abnormal conditions or have been handled negligently or contrary to the entrepreneur’s instructions and/or the indications on the packaging;
   • The defect is wholly or partly due to statutory regulations concerning the type or quality of the materials used, whether in force at the time of delivery or to be enacted later.

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Article 11 – Delivery and Performance

1. The entrepreneur shall exercise the utmost care in receiving and fulfilling product orders.
2. The place of delivery is the address provided by the consumer to the entrepreneur.
3. In accordance with the provisions of Article 4 of these General Terms and Conditions, the entrepreneur shall fulfill accepted orders promptly and, in any event, no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be fulfilled in full or is only partially fulfilled, the consumer shall be informed no later than 30 days after the order is placed. In such cases, the consumer has the right to terminate the contract without any costs and to claim any applicable damages.
4. In the event of a termination under the preceding paragraph, the entrepreneur shall refund any amounts paid by the consumer as quickly as possible, and in any event no later than 14 days after the termination.
5. If it proves impossible to deliver an ordered product, the entrepreneur shall make every effort to provide a substitute product. At the time of delivery, it shall be clearly indicated that a substitute product is being provided. For substitute products, the right of withdrawal cannot be excluded. The return shipping costs for substitute products shall be borne by the entrepreneur.
6. The risk of damage and/or loss of the products remains with the entrepreneur until delivery to the consumer or to a representative designated and communicated by the consumer, unless explicitly agreed otherwise.

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Article 12 – Duration of Transactions: Term, Termination, and Renewal

Termination

1. A consumer may terminate an open-ended contract for the regular delivery of goods (including electricity) or the provision of services at any time in accordance with the agreed termination rules and with a termination notice period of no more than one month.
2. A consumer may terminate a fixed-term contract for the regular delivery of products (including electricity) or services at any time at the end of the term in accordance with the agreed termination rules and with a termination notice period of no more than one month.
3. The consumer may terminate the contracts referred to in the preceding paragraphs:
   • At any time, without being limited to termination at a specific moment or within a particular period;
   • In the same manner in which the contract was concluded;
   • Always with the same notice period for termination as that stipulated by the entrepreneur for himself.

Renewal

1. A fixed-term contract for the regular delivery of goods (including electricity) or services may not be tacitly renewed or extended for a specified period.
2. Notwithstanding the preceding paragraph, a fixed-term contract for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term of no more than three months, provided that the consumer may terminate the extended contract at the end of the extension period with a termination notice period of no more than one month.
3. A fixed-term contract for the regular delivery of goods or the provision of services may only be tacitly extended to an indefinite term if the consumer may terminate it at any time with a termination notice period of no more than one month, whereby the notice period shall not exceed three months if the contract concerns the regular but less than once-a-month delivery of daily or weekly newspapers and magazines.
4. A fixed-term contract for the regular delivery of daily or weekly newspapers and magazines under an introductory subscription (trial or introductory subscription) shall not be tacitly continued and shall automatically terminate at the end of the trial or introductory period.

Term

For contracts with a duration of more than one year, the consumer may terminate the contract after one year at any time with a notice period of up to one month, unless early termination is deemed unreasonable due to fairness and equity.

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Article 13 – Payment

1. Unless otherwise agreed, the amounts due from the consumer shall be paid within 7 business days after the commencement of the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period shall begin after the consumer has received confirmation of the agreement.
2. The consumer is obligated to immediately notify the entrepreneur of any inaccuracies in the provided or mentioned payment data.
3. In the event of nonpayment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge the consumer reasonable costs that have been communicated in advance.

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Article 14 – Complaint Procedure

1. Any complaints regarding the execution of the contract should be submitted to the entrepreneur in writing, clearly and in full, within 7 days after the consumer has discovered the defects.
2. Complaints submitted to the entrepreneur shall be responded to within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall acknowledge receipt within the 14-day period and indicate when the consumer can expect a detailed response.
3. If the complaint cannot be resolved by mutual agreement, a dispute will arise which is subject to the dispute resolution procedure.
4. Filing a complaint does not suspend the entrepreneur’s obligations unless expressly stated otherwise in writing.
5. If the entrepreneur deems a complaint to be justified, he may, at his discretion, either replace the delivered products free of charge or repair them.

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Article 15 – Disputes

For contracts between the entrepreneur and the consumer to which these General Terms and Conditions apply, Dutch law shall apply exclusively—even if the consumer’s domicile is abroad.