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 extension
• Article 13 - Payment
• Article 14 - Complaints procedure
• Article 15 - Disputes
• Article 16 - Additional or deviating provisions
• Article 17 – Warranty
• Article 18 - Compliance and additional warranty

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
7. Model form: the model withdrawal form provided by the entrepreneur that a consumer can complete if they wish to exercise their right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance contract: a contract concluded within the framework of a system organised by the entrepreneur for distance selling of products and/or services, exclusively using one or more techniques for distance communication up to and including the conclusion of the contract;
10. Technique for distance communication: a means that can be used for concluding a contract without the consumer and entrepreneur being simultaneously in the same room.
11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

123TelecomShop;
Stuijvenburchstraat 34-L 34-L
6961dr Eerbeek

Phone number: 0850163317
Email address: info@123telecomshop.nl
Chamber of Commerce number: 85030104
VAT identification number: NL863478943B01

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and orders placed 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and will be sent free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, in derogation from 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 the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favourable to them.
5. If at any time one or more provisions of these general terms and conditions are wholly or partially void or annulled, the agreement and these terms and conditions will remain in force for the remainder, and the provision in question will immediately be replaced by mutual agreement with a provision that approximates the intent of the original as closely as possible.
6. Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
7. Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

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 without obligation. The entrepreneur is entitled to change and adapt 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 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.
4. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
5. Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colours exactly match the actual colours of the products.
6. Every offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to accepting the offer. This particularly concerns:
• the price including taxes;
• any shipping costs;
• the manner in which the agreement will be concluded and what actions are required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery and execution of the agreement;
• the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
• the amount of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic tariff for the communication medium used;
• whether the agreement will be archived after conclusion, and if so, how it can be consulted by the consumer;
• the way in which the consumer, before concluding the agreement, can check and, if desired, correct the data provided by them in the context of the agreement;
• any other languages in which, in addition to Dutch, the agreement can be concluded;
• the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance contract in case of a duration transaction.

Article 5 - The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set forth therein.
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 the receipt of 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 will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
5. The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
• the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
• the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• information about guarantees and existing after-sales service;
• the data included in article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
• the requirements for termination of the agreement if the agreement has a duration of more than one year or is for an indefinite period.
6. In 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 condition of sufficient availability of the relevant products.

Article 6 - Right of withdrawal

Upon delivery of products:

1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
2. During the cooling-off 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 its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. When the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receiving the product. The consumer must do this by means of the model form or by means of another communication method such as by e-mail. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of shipment.
4. If the customer has not made known his wish to exercise his right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3, respectively, or has not returned the product to the entrepreneur, the purchase is a fact.

Upon delivery of services:

1. When services are provided, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.
2. To exercise his right of withdrawal, the consumer will adhere to the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 - Costs in case of withdrawal

1. If the consumer exercises his right of withdrawal, at most the costs of return shipment will be borne by him.
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 withdrawal. This is conditional on the product already having been received back by the web retailer or conclusive proof of complete return having been provided. The refund will be made via the same payment method used by the consumer unless the consumer explicitly gives permission for another payment method.
3. In case of damage to the product due to careless handling by the consumer themselves, the consumer is liable for any depreciation of the product.
4. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, which must be done before the conclusion of the purchase agreement.

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 only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before 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 spoil or age quickly;
• whose price is subject to fluctuations in the financial market over which the entrepreneur 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.
3. Exclusion of the right of withdrawal is only possible for services:
• concerning accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specific period;
• the delivery of which has commenced with the explicit consent of the consumer before the cooling-off period has expired;
• concerning bets and lotteries.

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 resulting from changes in VAT rates.
2. Notwithstanding 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, with variable prices. This connection 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 legal 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 legal regulations or provisions; or
• the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
6. 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 entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness 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 guarantees 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.
3. The statutory warranty applies to all products. The duration of the statutory warranty may vary depending on the nature of the product.
4. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after discovery.
5. The warranty does not apply if:
• the consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
• the delivered products have been exposed to abnormal conditions or are otherwise treated carelessly or are contrary to the instructions of the entrepreneur and/or handled on the packaging;
• the defectiveness 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 11 - Delivery and execution

1. The entrepreneur will exercise the utmost care when receiving and executing product orders and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will receive notice thereof no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to contractual compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not give the consumer the right to contractual compensation.
5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
6. If delivery of an ordered product proves to be impossible, the entrepreneur will endeavour to make a replacement item available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Duration transactions: duration, termination and extension

Termination

1. The consumer can terminate an agreement entered into for an indefinite period, which 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 entered into for a definite period, which extends to the regular delivery of products (including electricity) or services, at any time against the end of the definite period 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 mentioned in the previous paragraphs:
• at any time and not be limited to termination at a specific time or in a specific period;
• at least in the same manner as they were entered into by him;
• always with the same notice period as the entrepreneur has stipulated for himself.

Extension

1. An agreement entered into for a definite period, which extends to the regular delivery of products (including electricity) or services, may not be tacitly renewed or extended for a definite period.
2. Notwithstanding the previous paragraph, an agreement entered into for a definite period, which extends to the regular delivery of daily, news, and weekly newspapers and magazines, may be tacitly extended for a definite period of a maximum of three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
3. An agreement entered into for a definite period, which extends to the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month, and a notice period of no more than three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
4. An agreement of limited duration for the regular delivery of daily, news and weekly newspapers and magazines for acquaintance (trial or introductory subscription) will not be tacitly continued and will end 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.

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 for the provision of a service, this period commences after the consumer has received confirmation of the agreement.
2. The consumer has the duty to immediately report inaccuracies in provided or stated payment data 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.

Article 14 - Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has discovered the defects.
3. 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 the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
5. For complaints, a consumer should first turn to the entrepreneur. If the web store is affiliated with WebwinkelKeur and for complaints that cannot be resolved by mutual agreement, the consumer should turn to WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check if this web store has an active membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the option to have their complaint handled by the independent disputes committee appointed by 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 disputes committee, which must be paid by the consumer to the committee concerned. It is also possible to register 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 his option, replace or repair the delivered products free of charge.

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. This also applies if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.

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.

Article 17 - Warranty

1. The warranty covers the functionalities of the device. The consumer receives – in addition to the statutory warranty – a two-year warranty on the product. The two-year warranty is not transferable to third parties.

   However, our warranty does not cover the following causes:

   1. Damage caused by dropping, pressure, impact, use, or moisture. Whether this is the case will always be assessed by the employees of 123TelecomShop.
   2. Damage caused by external short circuits. Examples include the use of an incorrect adapter or car charger.
   3. A smartphone that is full of dust. This can also cause defects.
   4. If the phone has been opened by a third party, the warranty also expires.

   In addition, the warranty cannot be claimed:

   1. in case of damage due to intent or negligence;
   2. in case of improper use or negligent maintenance;
   3. in case of normal wear and tear;
   4. in case of damage due to not observing or not correctly observing the instructions for use.

Article 17a – Exclusion of warranty after impact damage

The warranty expires when it is determined that there is damage caused by dropping, pressure, or impact damage. This must be assessed by an employee of 123TelecomShop.

The consumer has the right to inspect the damage by means of photos of the damaged device. This will be provided to the consumer.

All damage that occurred before or after the impact damage is also not covered by the warranty, unless the consumer can prove this. The burden of proof for this lies entirely with the consumer.

Article 17b – Exclusion of warranty after water and liquid damage

The warranty expires when it is determined that there is water and other liquid damage.

The consumer has the right to inspect the damage by means of photos of the damaged device. This will be provided to the consumer.

All damage that occurred before or after the water and liquid damage, in any case after purchase, is also not covered by the warranty, unless the consumer can prove this. The burden of proof for this lies entirely with the consumer. 123TelecomShop is not bound by the general terms and conditions regarding the two-year warranty in this regard.

Article 18 - Compliance and additional warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness 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 guarantees that the product is suitable for other than normal use.
2. An additional warranty provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfil his part of the agreement.
3. Additional warranty means any obligation of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfil his part of the agreement.