General Terms and Conditions

Table of contents

• Article 1 – Definitions
• Article 2 – Identity of the trader
• Article 3 – Applicability
• Article 4 – The offer
• Article 5 – The contract
• Article 6 – Right of withdrawal
• Article 7 – Warranties
• Article 8 – Obligations of the consumer during the reflection period
• Article 9 – Exercise of the right of withdrawal by the consumer and its costs
• Article 10 – Obligations of the trader in the event of withdrawal
• Article 11 – Exclusion of the right of withdrawal
• Article 12 – The price
• Article 13 – Compliance with the contract
• Article 14 – Delivery and performance
• Article 15 – Payment
• Article 16 – Applicable law and competent court
• Article 17 – Additional or deviating provisions
• Article 18 – Amendment of the General Terms and Conditions

Article 1 - Definitions

• Supplementary agreement: an agreement whereby the consumer acquires products or digital content in connection with a distance contract, and these are delivered by the trader or by a third party on the basis of an arrangement between that third party and the trader;
• Reflection period: the period within which the consumer can exercise their right of withdrawal;
• Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession;
• Day: calendar day;
• Digital content: data produced and delivered in digital form;
• Durable medium: any tool - including email - that enables the consumer or trader to store information addressed to them personally in a way that allows future reference or use for a period appropriate to the purpose of the information, and that allows unaltered reproduction of the stored information;
• Right of withdrawal: the consumer's option to withdraw from the distance contract within the reflection period;
• Trader: the natural or legal person offering products to consumers at a distance;
• Distance contract: a contract concluded between the trader and the consumer under an organised system for the distance selling of products, in which, up to and including the moment the contract is concluded, exclusive or joint use is made of one or more techniques for distance communication;
• Model withdrawal form: the European model withdrawal form included in Appendix I of these terms; Appendix I does not need to be provided if the consumer has no right of withdrawal regarding their order;
• Technique for distance communication: a means that can be used to conclude a contract without the consumer and trader having to be in the same place at the same time.

Article 2 - Identity of the trader

• Trader name: Unity Trading B.V.
• Trading under the name(s): Phonely.nl
• Registered address: Abberdaan 210, 1046 AB Amsterdam
• Email address: info@phonely.nl
• Chamber of Commerce (KvK) number: 80337422
• VAT number: NL861636168B01

Article 3 - Applicability

These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the trader will, before the distance contract is concluded, indicate how the general terms and conditions can be viewed at the trader's premises and that they will be sent free of charge as quickly as possible at the consumer's request.

If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, 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.

In the event that specific product conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting conditions the consumer may always rely on the applicable provision that is most favourable to them.

Article 4 - The offer

If an offer has a limited period of validity or is made subject to conditions, this is explicitly stated in the offer.

The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the trader uses images, these are a true representation of the products offered. Obvious mistakes or errors in the offer do not bind the trader.

Every offer contains information that makes it clear to the consumer what rights and obligations are attached to accepting the offer.

Phonely holds copyright on the written product texts.

Article 5 - The contract

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions attached to it.

If the consumer has accepted the offer electronically, the trader will promptly confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.

If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures.

The trader may, within legal limits, find out whether the consumer can meet their payment obligations, as well as any facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the trader has good grounds for not entering into the contract, it is entitled to refuse an order or request with reasons, or to attach special conditions to its performance.

No later than upon delivery of the product to the consumer, the trader will provide 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:

• The visiting address of the trader's premises where the consumer can go with complaints.
• The conditions under which, and the manner in which, the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal.
• Information about warranties and existing after-sales service.
• The price, including all taxes, of the product; the delivery costs, where applicable; and the method of payment, delivery or performance of the distance contract.
• If the consumer has a right of withdrawal, the model withdrawal form.

Article 6 – Right of withdrawal

For products:

The consumer may dissolve a contract relating to the purchase of a product during a reflection period of 14 days without giving any reason. The trader may ask the consumer for the reason for withdrawal, but may not require the consumer to state their reason(s).

The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:

• If the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, received the last product. The trader may, provided it has clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with different delivery times.
• If the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or part.
• For contracts for regular delivery of products over a certain period: the day on which the consumer, or a third party designated by them, received the first product.

Article 7 – Warranties

The consumer is entitled to a statutory warranty period on new products.

A new product carries a two-year manufacturer's warranty.

Where the equipment does not fall under the warranty conditions (such as drop, impact or water damage), or where the equipment has not been handled in a reasonable manner, and on receipt of the equipment the investigation nonetheless shows that it concerns drop, impact or water damage or damage caused by the consumer's own actions, we are obliged to charge €29.00 in investigation costs.

The warranty does not apply if:

• The consumer has repaired and/or modified the delivered products themselves, or has had them repaired and/or modified by third parties;
• The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly, or are handled contrary to the trader's instructions and/or the instructions on the packaging;
• The defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 8 – Obligations of the consumer during the reflection period

During the reflection period (14 days), the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The guiding principle here is that the consumer may only handle and inspect the product as they would be allowed to in a shop.

The consumer is only liable for any diminished value of the product that results from handling the product in a way that goes beyond what is permitted under paragraph 1.

Article 9 - Exercise of the right of withdrawal by the consumer and its costs

If the consumer exercises their right of withdrawal, they will report this to the trader within the reflection period by means of the model withdrawal form or in another unambiguous manner.

As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product, or hand it over to (an authorised representative of) the trader. This is not necessary if the trader has offered to collect the product itself. The consumer has in any case observed the return period if they return the product before the reflection period has expired.

The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader. If not all accessories are complete, the return will not be processed.

The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

The consumer bears the direct costs of returning the product. If the trader has not indicated that the consumer must bear these costs, or if the trader indicates that it will bear the costs itself, the consumer does not have to bear the costs of returning the product.

If the consumer exercises their right of withdrawal, all supplementary agreements are dissolved by operation of law.

Article 10 - Obligations of the trader in the event of withdrawal

If the trader enables notification of withdrawal by the consumer electronically, it will send an acknowledgement of receipt without delay after receiving this notification.

The trader reimburses all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay and in any case within 14 days following the day on which the consumer notifies the trader of the withdrawal. Unless the trader offers to collect the product itself, it may wait with the refund until it has received the product, or until the consumer demonstrates that they have returned the product, whichever comes first.

The trader uses the same means of payment for the refund that the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.

If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the trader does not have to reimburse the additional costs for the more expensive method.

Article 11 – Exclusion of the right of withdrawal

The trader may exclude the consumer's right of withdrawal for products. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least in good time before the contract is concluded.

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

• That have been created by the trader 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 trader has no influence;
• For loose newspapers and magazines;
• For audio and video recordings and computer software of which the consumer has broken the seal;
• For hygienic products of which the consumer has broken the seal (think, for example, of earbuds (AirPods) and headphones).

Article 12 - The price

During the period of validity stated in the offer, the prices of the products offered will not be increased, except for price changes resulting from changes in VAT rates.

Notwithstanding the previous paragraph, the trader may offer products whose prices are subject to fluctuations in the financial market and over which the trader has no influence at variable prices. This dependency on fluctuations, and the fact that any prices stated are target prices, are stated with the offer.

The prices stated in the offer of products are inclusive of VAT.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the trader is not obliged to deliver the product at the incorrect price. The consumer's duty to investigate naturally applies here.

Article 13 - Compliance with the contract

The trader guarantees that the products comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in existence on the date the contract is concluded. If agreed, the trader also guarantees that the product is suitable for use other than normal use.

An additional warranty provided by the trader, its supplier, manufacturer or importer never limits the statutory rights and claims that the consumer may assert against the trader under the contract if the trader has failed to fulfil its part of the contract.

Article 14 - Delivery and performance

The trader will take the greatest possible care when receiving and executing orders for products.

The place of delivery is the address that the consumer has made known to the trader.

With due observance of what is stated about this in Article 4 of these general terms and conditions, the trader will execute accepted orders with due speed but at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive notice of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge.

Following dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the consumer without delay.

The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 15 - Payment

Unless otherwise stated in the contract or additional terms, amounts owed by the consumer must be paid within 14 days of the start of the reflection period, or, in the absence of a reflection period, within 14 days of the conclusion of the contract.

When selling products to consumers, the general terms and conditions may never require the consumer to make an advance payment of more than 50%. Where advance payment is stipulated, the consumer cannot assert any right regarding the execution of the relevant order before the stipulated advance payment has taken place.

The consumer has a duty to report inaccuracies in payment details provided or stated to the trader without delay.

If the consumer does not meet their payment obligation(s) in time, and after being informed by the trader of the late payment and being given a period of 14 days by the trader to still meet their payment obligations, then, if payment is not made within this 14-day period, statutory interest is owed on the outstanding amount and the trader is entitled to charge the extrajudicial collection costs it has incurred.

Article 16 – applicable law and competent court

Dutch law exclusively applies to contracts between the trader and the consumer to which these general terms and conditions relate.

Disputes between the consumer and the trader about the conclusion or performance of contracts relating to products to be delivered or delivered by this trader may, subject to the below, be submitted by both the consumer and the trader exclusively to the Noord-Holland District Court, Haarlem location.

Article 17 - Additional or deviating provisions

Additional provisions, or provisions deviating 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 medium.

Article 18 - Amendment of the General Terms and Conditions

Changes to these terms only take effect after they have been published in an appropriate manner, on the understanding that, in the event of applicable changes during the term of an offer, the provision most favourable to the consumer will prevail.

Appendix I – Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract. * Delete as appropriate.)

You can email the completed form to info@phonely.nl or send it by post to the address below.

• To: Unity Trading B.V., trading as Phonely.nl, Abberdaan 210, 1046 AB Amsterdam, email: info@phonely.nl
• I/We* hereby give notice that I/We* withdraw from my/our* contract of sale of the following goods: …
• Ordered on*/received on*: …
• Name of consumer(s): …
• Address of consumer(s): …
• Signature of consumer(s) (only if this form is notified on paper): …
• Date: …