**GENERAL TERMS AND CONDITIONS**

**Table of Contents:**

Article 1 - Definitions

Article 2 - Identity of the Entrepreneur

Article 3 - Applicability

Article 4 - The Offer

Article 5 - The Agreement

Article 6 - Right of Withdrawal

Article 7 - Costs in Case 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 - Duration Transactions: Duration, Termination, and Renewal

Article 13 - Payment

Article 14 - Complaints Procedure

Article 15 - Disputes

Article 16 - Additional or Deviating Provisions

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**Article 1 - Definitions**

In these terms and conditions, the following definitions apply:

- **Cooling-off period**: the period during which the consumer can exercise their right of withdrawal;
- **Consumer**: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
- **Day**: calendar day;
- **Duration transaction**: a distance contract concerning a series of products and/or services, where the supply and/or purchase obligation is spread over time;
- **Durable medium**: any tool that enables the consumer or entrepreneur to store information directed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
- **Right of withdrawal**: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
- **Model withdrawal form**: the model form for withdrawal provided by the entrepreneur that a consumer can fill in when they wish to exercise their right of withdrawal.
- **Entrepreneur**: the natural or legal person who offers products and/or services to consumers at a distance;
- **Distance contract**: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the contract, only one or more techniques for distance communication are used;
- **Technique for distance communication**: means that can be used for concluding an agreement, without the consumer and entrepreneur being in the same room at the same time.
- **General Terms and Conditions**: these General Terms and Conditions of the entrepreneur.

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**Article 2 - Identity of the Entrepreneur**

Name of Entrepreneur: Sunvisor.eu

Business Address:
Hollmanstraat 1,
6137PP,
SITTARD,
The Netherlands

Contact Information:
Phone Availability:
Monday - 9:00-17:00 | Tuesday - 9:00-17:00 | Wednesday - 9:00-17:00 | Thursday - 9:00-17:00 | Friday - 9:00-17:00 | Saturday - Closed
Phone Number: +31-634453446
Email Address: info@sunvisor.eu

Chamber of Commerce Number: 88784169
VAT Identification Number: NL004649240B94
EORI Number: NL8138588082

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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 contract and orders between the entrepreneur and the 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 not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur’s premises and will be sent free of charge to the consumer as soon as possible upon request.
3. If the distance contract is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph and before the distance contract is concluded, be provided electronically to the consumer in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated where the general terms and conditions can be viewed electronically, and that they will be sent free of charge electronically or otherwise at the consumer’s request.
4. In cases where specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply, and the consumer can always invoke the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or nullified, the agreement and these conditions will remain in effect for the remainder, and the relevant provision will be replaced in mutual consultation by a provision that approaches the intent of the original as closely as possible.
6. Situations that are not covered by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
7. Ambiguities about the interpretation or content of one or more provisions of our conditions must be interpreted 'in the spirit' 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 made under conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
4. All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
5. Images accompanying products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match 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 particularly concerns:

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**Article 5 - The Agreement**

1. The agreement is established, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur may, within legal frameworks, inquire whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good reasons, based on this investigation, not to enter into the agreement, he is entitled to refuse an order or request, or to attach special conditions to the execution.
5. The entrepreneur will provide the consumer with the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, upon delivery of the product or service:
- The visit address of the establishment of the entrepreneur where the consumer can lodge complaints;
- The conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- Information about existing after-sales services and warranties;
- The information included in article 4 paragraph 3 of these conditions unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
- The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
7. Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

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**Article 6 - Right of Withdrawal**

*For the delivery of products:*

1. When purchasing products, the consumer has the right to dissolve the agreement without giving reasons for a period of 14 days. This cooling-off period starts on the day after the consumer or a pre-designated representative of the consumer and made known to the entrepreneur, receives the product.
2. During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories and, if reasonably possible, in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receipt of the product. The consumer must do so using the model form or by other means of communication, such as by email. After the consumer has indicated that they wish to exercise their right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in a timely manner, for example, by providing proof of dispatch.
4. If the consumer has not made known their intention to exercise their right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is a fact.

*For the delivery of services:*

1. When providing services, the consumer has the right to dissolve the agreement without giving reasons for at least 14 days, starting from the day the agreement is entered into.
2. To exercise their right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest upon delivery
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**Article 7 - Costs in Case of Withdrawal**

1. If the consumer exercises their right of withdrawal, the maximum cost of returning the goods will be borne by the consumer.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the entrepreneur or conclusive proof of complete return can be provided.

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**Article 8 - Exclusion of the Right of Withdrawal**

1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
- That have been created by the entrepreneur in accordance with the consumer's specifications;
- That are clearly personal in nature;
- That cannot be returned due to their nature;
- That can spoil or age quickly;
- Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- For individual newspapers and magazines;
- For audio and video recordings and computer software, where the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
- Concerning accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
- Whose delivery started with the express consent of the consumer before the cooling-off period has expired;
- Concerning betting and lotteries.

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**Article 9 - The Price**

1. During the validity period stated 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. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- These are the result of statutory regulations or provisions; or
- The consumer has the authority to terminate the agreement from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.

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**Article 10 - Conformity and Warranty**

1. The entrepreneur ensures that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.

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**Article 11 - Delivery and Execution**

1. The entrepreneur will take the utmost care when receiving and executing orders of products 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 entrepreneur.
3. Taking into account what is stated in article 4 of these terms and conditions, the entrepreneur will execute accepted orders expeditiously but no later than 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will receive notification no later than 30 days after placing the order. In this case, the consumer has the right to dissolve the agreement without penalty and the right to possible compensation.
4. In the case of dissolution according to the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
5. If delivery of an ordered product turns out to be impossible, the entrepreneur will strive to make a replacement item available. It will be mentioned in a clear and understandable manner that a replacement item is being delivered at the latest upon delivery. For replacement items, the right of withdrawal cannot be excluded. The costs of a possible return shipment are borne by the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and announced representative, unless explicitly agreed otherwise.

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**Article 12 - Duration Transactions: Duration, Termination, and Renewal**

Termination:

1. The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time with due observance of the agreed termination rules and a notice period of no more than one month.
2. The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time by the end of the fixed term, with due observance of the agreed termination rules and a notice period of no more than one month.
3. The consumer can:
- Terminate the agreements referred to in the previous paragraphs at any time and is not limited to termination at a specific time or during a specific period;
- At least terminate them in the same way as they were entered into by him;
- Always terminate them with the same notice period as the entrepreneur has stipulated for himself.

Extension:

1. 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 fixed period.
2. Contrary to the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed period of a maximum of three months if the consumer can terminate this extended agreement by the end of the extension with a notice period of no more than one month.
3. 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 can 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 case the agreement extends to regular, but less than once a month, delivery of daily or weekly newspapers and magazines.
4. An agreement of limited duration for the regular delivery of daily or weekly newspapers and magazines for an introductory purpose (trial or introductory subscription) will not be tacitly continued and ends automatically after the trial or introductory period.

Duration:

1. 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.

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**Article 13 - Payment**

1. Unless otherwise agreed, the 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 an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
2. The consumer has the obligation to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.
3. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

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**Article 14 - Complaints Procedure**

1. The entrepreneur has a well-publicized complaints procedure and handles complaints according to this complaints procedure.
2. Complaints about the execution of the agreement must be fully and clearly described and submitted to the entrepreneur within 7 days after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
5. In case of complaints, a consumer should first turn to the entrepreneur. In the event of complaints that cannot be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate for free. If a solution is not yet reached, the consumer has the option to have their complaint handled by the independent dispute resolution committee appointed by Stichting WebwinkelKeur, whose 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 dispute resolution committee, which the consumer must pay to the relevant committee. It is also possible to file 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 its discretion, either replace or repair the delivered products free of charge.

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**Article 15 - Disputes**

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. Even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

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**Article 16 - 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

such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.