Terms of service
Table of contents
Article 1 Special conditions for demo products
Article 2 Definitions
Article 3 Identity of the entrepreneur
Article 4 Applicability
Article 5 The offer
Article 6 The agreement
Article 7 Right of withdrawal
Article 8 Costs in case of withdrawal
Article 9 Exclusion of the right of withdrawal
Article 10 The price
Article 11 Conformity and warranty
Article 12 Delivery and execution
Article 13 Duration Transactions: duration, termination, and renewal
Article 14 Payment
Article 15 Complaints
Article 16 Disputes
Article 17 Additional or Deviating Provisions
Article 1 Special conditions for demo products
- Have been used for demonstrations, photoshoots, or showroom purposes
- Have been returned previously
- Contain light signs of use
- May show cosmetic imperfections, including but not limited to:
- Fold lines
- Light discolorations
- Superficial visual deviations
- Small aesthetic imperfections
- The product may contain cosmetic imperfections;
- The AirTrack may differ from regular new products;
- Light signs of use or visual deviations do not constitute grounds for complaint or compensation.
- the product may contain cosmetic deviations;
- the product may differ from a new item;
- the regular commercial warranty of 5 years does not apply to Demo products.
- the product has not been used beyond what is necessary to determine its nature, characteristics, and functioning;
- the product is returned complete;
- the product is in the same condition as upon receipt.
Article 2 Definitions
In these general terms and conditions, the following definitions apply:
Reflection period: the period within which the consumer can exercise the right of withdrawal.
Consumer: the natural person who does not act for purposes related to his trade, business, craft, or profession and who enters into a distance contract with the entrepreneur.
Day: calendar day.
Long-term transaction: a distance contract concerning a series of products and/or services whose delivery and/or acceptance obligation is spread over time.
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to him or her in a way that allows future consultation and unchanged reproduction.
Right of withdrawal: the consumer's right to cancel the distance contract within the reflection period.
Model withdrawal form: the form provided by the entrepreneur that the consumer can use to exercise the right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers.
Distance contract: an agreement concluded within a system organized by the entrepreneur for distance selling, where only one or more techniques for distance communication are used up to and including the conclusion of the agreement.
Distance communication technology: a means that can be used to conclude an agreement without the consumer and entrepreneur being present in the same place at the same time.
General terms and conditions: these general terms and conditions of the entrepreneur.
Article 3 Identity of the entrepreneur
Airostar
Pekstraat 4
8211 AB Lelystad
Netherlands
T +31 88 58 21 155
E info@myairostar.com
Chamber of Commerce 32146785
VAT number NL861207403B01
Article 4 Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement and order 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, the consumer will be informed before concluding the agreement where the terms and conditions can be viewed and that they will be sent free of charge upon request.
If the agreement is concluded electronically, the terms and conditions can be made available electronically in a way that allows the consumer to easily save them on a durable data carrier. If this is not reasonably possible, the consumer will be informed where the terms and conditions can be consulted electronically and that they will be sent free of charge upon request.
If, in addition to these general terms and conditions, specific product or service conditions apply, these conditions will also apply. In case of conflicting provisions, the consumer may always invoke the provision that is most favorable to him or her.
If one or more provisions of these terms and conditions are null or voided, the remaining provisions will remain fully in effect. The invalid provision will be replaced by a provision that approximates the original intent as closely as possible through mutual consultation.
Situations not covered by these terms and conditions will be assessed in the spirit of these general terms and conditions.
Ambiguities regarding the interpretation of one or more provisions will be interpreted in the spirit of these general terms and conditions.
Article 5 The offer
If an offer has a limited validity period or is made under conditions, this will be explicitly stated.
The offer is without obligation. The entrepreneur reserves the right to change or withdraw the offer.
The offer contains a complete and accurate description of the offered products and/or services. Images are a truthful representation of the products. Obvious mistakes or errors do not bind the entrepreneur.
All images, specifications, and data are indicative and cannot give rise to compensation or dissolution of the agreement.
Colors may vary depending on screen settings.
The offer contains sufficient information so that the consumer can assess his or her rights and obligations, including:
the price including taxes
any shipping costs
the manner in which the agreement is concluded
whether the right of withdrawal applies
the method of payment, delivery, and execution
the period for acceptance of the offer
whether the agreement is archived and how it can be consulted
how the consumer can correct input errors before the agreement is concluded
the languages in which the agreement can be concluded
applicable codes of conduct and how they can be consulted
the minimum duration of the agreement in the case of long-term transactions
Article 6 The agreement
The agreement is concluded at the moment the consumer accepts the offer and meets the conditions set.
If acceptance takes place electronically, the entrepreneur immediately confirms receipt electronically. As long as this confirmation has not been received, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the transfer of data and ensures a secure web environment. If electronic payment is possible, appropriate security measures are taken.
The entrepreneur may, within legal frameworks, investigate whether the consumer can meet his or her payment obligations. If there are valid reasons, the entrepreneur may refuse an order with justification.
The entrepreneur provides the consumer with the following information in writing or on a durable data carrier at the latest upon delivery:
the business address where complaints can be submitted
the conditions and manner in which the consumer can exercise the right of withdrawal, or the statement that this right is excluded
information about warranties and after-sales service
the information referred to in Article 5, insofar as it has not been provided earlier
the conditions for terminating long-term agreements
In the case of a long-term transaction, this information only needs to be provided once, namely at the first delivery.
All agreements are concluded subject to product availability.
Article 7 Right of withdrawal
For products
The consumer has the right to withdraw from the agreement within 14 days without giving reasons. The reflection period starts the day after the consumer or a representative designated by the consumer receives the product.
During the reflection period, the consumer handles the product and packaging carefully. The consumer only unpacks or uses the product to the extent necessary to assess whether they want to keep the product.
If the consumer exercises the right of withdrawal, the product must be returned with all delivered accessories and, as reasonably possible, in the original condition and packaging, according to the reasonable and clear instructions of the entrepreneur.
To exercise the right of withdrawal, the consumer must notify the entrepreneur within 14 days of receiving the product via the model withdrawal form or another unambiguous statement, for example by email.
After this notification, the consumer has 14 days to return the product. The consumer must be able to prove that the product was returned on time, for example with a shipping receipt.
If the consumer does not inform the entrepreneur in time or does not return the product within the applicable period, the purchase is final.
For services
The consumer has the right to withdraw from a service agreement without giving reasons within at least 14 days after the day the agreement was concluded, according to the entrepreneur's instructions.
Article 8 Costs in case of withdrawal
The direct costs of returning the product are the responsibility of the consumer.
If the consumer has made a payment, the entrepreneur will refund this amount no later than 14 days after receiving the withdrawal notification. The entrepreneur may wait to refund until the product is received or until the consumer has proven that the product has been returned, whichever occurs first.
Refunds will be made via the same payment method the consumer used, unless explicitly agreed otherwise.
If the product is damaged or the packaging is more damaged than necessary to assess the product, the entrepreneur may charge the consumer for the depreciation. Therefore, the consumer is advised to handle the product carefully and return it well-packaged.
The consumer is not liable for depreciation if the entrepreneur has not provided all legally required information about the right of withdrawal prior to the conclusion of the contract.
Article 9 Exclusion of the right of withdrawal
The entrepreneur can only exclude the right of withdrawal if this is clearly stated in the offer or before the conclusion of the contract.
Exclusion is possible for products:
that have been manufactured 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 depends on fluctuations in the market over which the entrepreneur has no influence
newspapers and magazines
sealed audio or video recordings or software whose seal has been broken
sealed hygiene products whose seal has been broken
And for services related to:
accommodation, transport, catering, or leisure activities on a specific date or during a specific period
services that have been expressly agreed upon by the consumer before the end of the reflection period
bets and lotteries
Article 10 The price
Prices will not be increased during the validity period of the offer, except for changes in VAT rates.
Prices of products subject to market fluctuations may vary. This is stated in the offer.
Price increases within three months are only allowed if legally required. After three months, price increases are only allowed if agreed upon in the contract and the consumer may terminate the contract as of the date the increase takes effect.
All prices include VAT.
Printing and typesetting errors do not bind the entrepreneur.
Article 11 Conformity and warranty
The products comply with the agreement, the stated specifications, reasonable requirements of durability and usability, and legal requirements.
Defects must be reported within two months of discovery.
The warranty period corresponds to the factory warranty. The entrepreneur is not responsible for the suitability of the product for individual use or for any advice given.
Warranty does not apply if:
the product has been repaired or modified by the consumer
the product has been used incorrectly or contrary to the instructions
defects are the result of government regulations regarding materials
Article 12 Delivery and execution
The entrepreneur exercises care when executing orders.
Delivery takes place at the address provided by the consumer.
Accepted orders are delivered within 30 days, unless a longer period has been agreed. In case of delay or impossibility, the consumer will be informed and may dissolve the agreement with a refund.
Delivery times are indicative and do not entitle the consumer to compensation.
If a replacement product is delivered, the consumer retains the right of withdrawal and the return costs are borne by the entrepreneur.
The risk of loss or damage remains with the entrepreneur until the moment of delivery.
Article 13 Duration Transactions: duration, termination, and renewal
Termination
indefinite agreements can be terminated with a notice period of one month
fixed-term agreements can be terminated at the end of the term with a notice period of one month
the consumer's right to cancel must not be restricted
Renewal
fixed-term agreements may not be automatically renewed for a fixed term
newspapers and magazines may be renewed for a maximum of three months with a notice period of one month
renewal for an indefinite period is only allowed if the consumer can cancel monthly
trial subscriptions are not automatically renewed
Duration
agreements lasting longer than one year may be terminated after one year with a notice period of one month
Article 14 Payment
Unless otherwise agreed, payment must be made within 7 working days after the cooling-off period begins.
The consumer must report inaccuracies in payment details immediately.
In case of non-payment, the entrepreneur may charge reasonable costs.
Article 15 Complaints
Complaints must be clearly submitted within two months of discovery.
The entrepreneur responds within 14 days. If more time is needed, the consumer will be informed with an indication of the expected response time.
If a complaint cannot be resolved by mutual agreement, it can be submitted to WebwinkelKeur for mediation.
A complaint does not suspend obligations, unless otherwise stated.
If the complaint is justified, the product will be repaired or replaced free of charge.
Article 16 Disputes
Only Dutch law applies to agreements, even if the consumer lives abroad. The Vienna Sales Convention does not apply.
Article 17 Additional or Deviating Provisions
Additional or deviating provisions must not be disadvantageous to the consumer and must be recorded in writing or made accessible on a durable data carrier.