Article 1 – Definitions
In these Terms & Conditions the following definitions are applicable:
- Consideration time: the term during which the consumer can execute the right of withdrawal.
- Consumer: the natural person not acting on behalf of a company or profession and who comes to a distance agreement with the entrepreneur.
- Day: calendar day.
- Length transaction: a distance agreement related to a series of products and services spread over a period of time.
- Durable Medium: any instrument which enables the recipient or entrepreneur to store information for future reference.
- Right of Withdrawal: the possibility for the consumer to terminate the distance agreement within the consideration term.
- Entrepreneur: Algostore (trading as KillBurnout).
- Distance Agreement: agreement based on a system of distance sales, concluded via distant communication.
- Technique of distant Communication: means of communication used to agree without both parties being physically present.
Article 2 – Corporate Identity / Entrepreneur
Algostore
Koolzaadstraat 4, 3073DJ Rotterdam, The Netherlands
Phone: +31 (0)6-4977 40 97 (Mo–Fr 9:30–17:30)
E-mail: info@killburnout.com
Chamber of Commerce (KVK): 63276305
VAT: NL002488750B78
Article 3 – Relevance
These general conditions apply to any offer of the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer. The text of these terms will be made available to the consumer before the conclusion of the agreement, either in writing or electronically.
Article 4 – Offer
Offers will contain a complete and accurate description of the offered products or services. Any limitations in validity will be clearly mentioned. Obvious mistakes or errors do not bind the entrepreneur.
Each offer includes information about pricing, taxes, delivery costs, payment methods, withdrawal rights, and contract duration, so that consumers understand their rights and obligations.
Article 5 – Agreement
The agreement is finalized when the consumer accepts the offer and meets its conditions. The entrepreneur confirms receipt of acceptance electronically without delay. As long as acceptance is not confirmed, the consumer may terminate the agreement.
The entrepreneur takes appropriate technical and organizational measures for secure electronic transactions. The entrepreneur may, within the legal framework, verify whether the consumer can meet payment obligations. If there are justified reasons, the entrepreneur may refuse an order or impose special conditions.
The entrepreneur will provide the consumer with all relevant information, including address for complaints, withdrawal procedures, after-sales guarantees, and termination rules for contracts with a duration.
Article 6 – Right of Withdrawal
Products: The consumer may withdraw within 14 days of receipt, without giving reasons. During this period, the consumer must handle the product carefully and return it in its original packaging if possible.
Services: The consumer may withdraw within 14 days from the day of agreeing, unless services have already begun with the consumer’s consent.
Article 7 – Withdrawal Costs
If the consumer executes the right of withdrawal, they will only bear the cost of returning the product. Refunds will be made within 14 days after withdrawal or after receipt of returned products.
Article 8 – Exclusion of Right of Withdrawal
The right of withdrawal may be excluded for:
- Products made according to consumer specifications.
- Clearly personal items.
- Products that cannot be returned due to their nature or which spoil quickly.
- Audio, video, or software with a broken seal.
- Services began with express consumer consent before the withdrawal period expired.
- Lodging, transport, and leisure activities for a specific date.
- Betting and lotteries.
Article 9 – Pricing
Prices of offered products and services will not be increased during the validity period of the offer, except for changes due to VAT regulations. Prices include VAT. Variable prices may apply to products influenced by financial market fluctuations.
Article 10 – Conformity and Guarantees
The entrepreneur guarantees that products and services comply with the agreement, specifications, and legal requirements. Additional guarantees provided by the entrepreneur, manufacturer or importer do not limit consumer rights.
Article 11 – Delivery and Execution
The entrepreneur will handle orders with care and deliver accepted orders promptly, within 30 days unless otherwise agreed. If delivery is delayed, the consumer may terminate the agreement without cost. Risk of damage or loss remains with the entrepreneur until delivery to the consumer.
Article 12 – Length Transactions
For indefinite contracts, the consumer may terminate at any time with notice of one month. For definite contracts, termination is possible at the end of the agreed duration. Contracts may not be automatically extended, except for specified cases (e.g., magazines with limited extension rules).
For agreements longer than one year, the consumer may terminate after one year with one month notice.
Article 13 – Payments
Unless otherwise agreed, the consumer must pay amounts due within 7 days of the start of the withdrawal period. Prepayments above 50% may not be required. The consumer must report inaccuracies in payment details promptly. In case of default, reasonable costs may be charged.
Article 14 – Complaints
The entrepreneur has a clear complaints procedure. Complaints must be described fully and submitted promptly. They will be answered within 14 days. If more time is needed, the consumer will be informed with an expected timeframe. Unresolved complaints may lead to disputes.
Article 15 – Disputes
Dutch law exclusively applies to agreements between entrepreneur and consumer. Consumers may first approach Stichting WebwinkelKeur for mediation. If unresolved, disputes can be submitted to Stichting GeschilOnline, whose binding ruling both parties accept.
Article 16 – Additional and Different Provisions
Any additional or different provisions must not disadvantage the consumer and must be recorded in writing on a durable medium.
Article 17 – Post-Payment Terms
For post-payment agreements, additional terms may apply. These will be clearly communicated before the agreement is concluded.