TERMS & CONDITIONS OF TRADING

Entrepreneur: The natural or legal person offering products and/or services to consumers remotely.
Consumer: The natural person not acting in the exercise of a profession or business who enters into a distance agreement with the entrepreneur.
Distance Agreement: An agreement where, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, only one or more techniques for distance communication up to and including the conclusion of the agreement are used.
Technique for Distance Communication: A means that can be used to conclude an agreement without the consumer and entrepreneur being in the same room at the same time.
Cooling-off Period: The period during which the consumer can exercise their right of withdrawal.
Right of Withdrawal: The option for the consumer to withdraw from the distance agreement within the cooling-off period.
Day: Calendar day.
Continuing Performance Contract: A distance agreement for a series of products and/or services, with delivery and/or purchase obligations spread over time.
Durable Data Carrier: Any means that allows the consumer or entrepreneur to store information directed personally to them in a way that makes future consultation and unaltered reproduction of the stored information possible.

Article 2 - Identity of the Entrepreneur

DIMAY B.V.
Emmeloordstraat 3
8262RR Kampen
Netherlands
Chamber of Commerce No: 94486808
Email: info@dimay.com

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and every distance agreement concluded between the entrepreneur and the consumer.
Before the distance agreement 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 agreement is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent free of charge as soon as possible at the consumer's request.
If the distance agreement is concluded electronically, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumer can easily store them on a durable data carrier. 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 at the consumer's request, either electronically or otherwise.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer can always rely on the most favorable provision applicable to them in the event of conflicting general terms and conditions.

Article 4 - The Offer

If an offer has a limited validity period or is made under certain conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Each offer contains sufficient information to make it clear to the consumer what rights and obligations are attached to accepting the offer. This concerns, in particular:

The price, including taxes;
Any costs of delivery;
The way in which the agreement will be concluded and what actions are required for this;
Whether or not the right of withdrawal is applicable;
The method of payment, delivery, and execution of the agreement;
The period for accepting the offer or the period within which the entrepreneur guarantees the price;
The rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the basic rate;
If the agreement is archived after its conclusion, how the consumer can consult it;
The way the consumer can become aware of actions they do not want before concluding the agreement, as well as how they can rectify these before the agreement is concluded;
The languages in which, besides Dutch, the agreement can be concluded;
The codes of conduct to which the entrepreneur is subject and the way the consumer can consult these codes of conduct electronically; and
The minimum duration of the distance agreement in case of a contract that involves continuous or periodic delivery of products or services.

Article 5 - The Agreement

The agreement is concluded, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions stipulated.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
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 safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may, within legal frameworks, obtain information about whether the consumer can meet their payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
The entrepreneur will send the following information along with the product or service to the consumer, either in writing or in such a way that the consumer can store it accessibly on a durable data carrier:

The visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
The conditions under which and the manner in which the consumer can use the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
The information on existing after-sales service and guarantees;
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 indefinite.

If the entrepreneur has undertaken to supply a series of products or services, the provision in the previous paragraph applies only to the first delivery.

Article 6a - Right of Withdrawal for Delivery of Products

The customer has the option to order 1 test product and can dissolve the agreement without giving reasons within 14 days. This period starts the day after receiving the product by or on behalf of the consumer. Note: If more than one product is returned, DIMAY B.V. will charge a 25% fee.
During this period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and, if reasonably possible, in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

Article 7 - Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the maximum costs of return shipping are borne by the consumer.
The consumer is responsible for any reduction in value of the product resulting from use beyond what is necessary to establish the nature, characteristics, and functioning of the product.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after dissolution or withdrawal. Crediting may occur after the entrepreneur receives the returned products.

Article 8 - Exclusion of Right of Withdrawal

If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:

That have been created according to the consumer's specifications;
That are clearly personal in nature;
That by their nature cannot be returned;
That can spoil or age quickly;
Whose price is dependent on fluctuations in the financial market that the entrepreneur cannot influence.

Article 9 - The Price

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.
Contrary to the previous paragraph, the entrepreneur can offer products or services with variable prices if these prices are subject to fluctuations in the financial market that the entrepreneur cannot influence. These fluctuations and the fact that any mentioned prices are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

They are the result of statutory regulations or provisions; or
The consumer has the authority to terminate the agreement from the day the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.

Article 10 - Conformity and Warranty

The entrepreneur guarantees 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.
Any arrangement offered by the entrepreneur, manufacturer, or importer as a guarantee does not affect the rights and claims that the consumer can assert against the entrepreneur for a failure in the fulfillment of the obligations of the entrepreneur based on the law and/or the distance agreement.
Customers must send products that fail within the warranty period to DIMAY B.V. at their own expense. DIMAY B.V. will return the repaired products free of charge.

Article 11 - Delivery and Execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with convenient speed but at the latest within 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be carried out, the consumer will receive a notification no later than one month after placing the order. In that case, the consumer has the right to dissolve the agreement without cost.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will return the amount that the consumer has paid as soon as possible but no later than 30 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will strive to make a replacement product available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement article is being delivered. For replacement articles, the right of withdrawal cannot be excluded. The cost of any return shipment will be borne by the entrepreneur.
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 representative announced to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Duration Transactions

The consumer may terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products or services, at any time with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term agreement that has been concluded for the regular delivery of products or services, at any time at the end of the fixed term with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer can cancel the agreements mentioned in the previous paragraphs:

At any time and not be limited to cancellation at a specific time or period;
At least in the same way as they were entered into by him;
Always with the same notice period as the entrepreneur has stipulated for himself.

An agreement that has been concluded for a definite period and which extends to the regular delivery of products or services may not be tacitly renewed or renewed for a fixed period.
An agreement that has been concluded for a definite period and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month.
Agreements with a duration of more than one year can be terminated by the consumer at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise.

Article 13 - Payment

As far as no other agreement has been made, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period referred to in article 6 paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
When selling products to consumers, the consumer must never be obliged in general terms and conditions to prepay more than 50%. When prepayment has been stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service before the stipulated prepayment has been made.
The consumer has the duty to immediately report inaccuracies in payment data provided or stated to the entrepreneur.
In case of default by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge the consumer reasonable costs made known in advance.

Article 14 - Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

Article 15 - Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
Disputes between the consumer and the entrepreneur about the conclusion or execution of agreements regarding products and services that must be delivered or provided by the entrepreneur can be submitted to the Disputes Committee by both the consumer and the entrepreneur, with due observance of what is stipulated below.
A dispute will only be handled by the Disputes Committee if the consumer has first submitted their complaint to the entrepreneur within a reasonable time.
If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or in another form determined by the Committee within three months after the consumer has submitted the complaint to the entrepreneur.
When the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. When the entrepreneur wants to submit a dispute to the Disputes Committee, the consumer must declare in writing within five weeks after a written request made by the entrepreneur whether they wish to do so or wish to have the dispute handled by the competent court. If the entrepreneur does not hear the consumer's choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court.
The Disputes Committee's decision is subject to the conditions as set out in the regulations of the Disputes Committee. Decisions of the Disputes Committee are made by way of binding advice.
The Disputes Committee will not handle a dispute or will discontinue handling it if the entrepreneur has been granted a moratorium, gone bankrupt, or has actually terminated their business activities before a dispute has been handled by the Committee and a final decision has been rendered.

Article 16 - Additional or Deviating Provisions Additional provisions or provisions deviating from these general terms and conditions must not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.

Article 17 - Applicable Law and Competent Court All offers from Dimay, its agreements, and their execution are exclusively governed by Dutch law. The applicability of the Vienna Sales Convention is expressly excluded.

Article 18 - Links The Dimay site may contain advertisements from third parties or links to other sites. Dimay has no influence on the privacy policy of these third parties or their sites and is not responsible for it.

Article 19 - Your Rights You can always ask Dimay which data about you is being processed. To do so, you can send an email. You can also request by email that Dimay makes improvements, additions, or other corrections, which Dimay will process as soon as possible. If you no longer wish to receive information, you can notify Dimay. Information will only be sent if you have provided your email address for this purpose.

Article 20 - Additional or Deviating Provisions Additional provisions or provisions deviating from these general terms and conditions must 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.