General terms and conditions

Article 1 - Definitions

In these general terms and conditions, the following definitions apply:

Withdrawal period: the period within which the consumer can make use of his right of withdrawal;

Consumer: the natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur;

Day: calendar day;

Continuous transaction: a distance contract relating to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over time;

Durable data carrier: any medium that enables the consumer or entrepreneur to receive information addressed to him personally in such a way that it can be consulted and reproduced unchanged for future reference;

Right of withdrawal: the consumer's option to withdraw from the distance contract within the withdrawal period;

Entrepreneur: the natural or legal person who offers goods and/or services to consumers at a distance;

Distance contract: a contract concluded in the context of an organized distance selling scheme without the simultaneous physical presence of the entrepreneur and the consumer, with the exclusive use of one or more means of distance communication;

Means of distance communication: a means that can be used to conclude a contract, without the consumer and entrepreneur being simultaneously present in the same space.

General terms and conditions: these general terms and conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Canberra-finest.com

Email address: Info@Canberra-finest.com

Chamber of Commerce number: Available upon request

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and agreements made at a distance between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer.

If it is not reasonably possible to provide the general terms and conditions before the conclusion of the distance contract, the consumer will be informed before the conclusion of the distance contract that the general terms and conditions are available for inspection at the entrepreneur's premises and will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions will be made available to the consumer by electronic means in such a way that the consumer can easily read and store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge by electronic means or otherwise.

In cases where, in addition to these general terms and conditions, special product or service conditions apply, the provisions of paragraphs 2 and 3 shall apply mutatis mutandis and the consumer may always rely on the applicable provision that is most favorable to him.

If one or more provisions in these general terms and conditions are wholly or partially void or annulled, the remaining provisions of the contract and the rest of these general terms and conditions shall remain in force, and the relevant provision shall be replaced by mutual agreement. The provision in question shall be replaced immediately by a provision that comes as close as possible to the meaning and purpose of the original provision.

Situations not governed by these general terms and conditions shall be assessed in the spirit of these general terms and conditions.

Article 4 - The offer

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

The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.

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

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the contract.

Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors depicted exactly match the actual colors of the products.

Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:

the price including taxes;

any shipping costs;

the manner in which the agreement will be concluded and which actions are necessary for this;

whether or not there is a right of withdrawal;

the method of payment, delivery, and execution of the agreement;

the deadline for accepting the offer, or the deadline for

where the entrepreneur guarantees the price

the height of the rate for communication at a distance if the

the costs for using the distance communication technology are calculated on a basis other than the regular base rate for the

the regular base rate for the communication method used;

whether the agreement is archived after its conclusion and, if so

whether the agreement is archived after its conclusion, and if so, how it can be accessed by the consumer;

how the consumer, before concluding the agreement,

before concluding the agreement, can access the information provided by him in the context of the agreement

the information provided by him in the context of the

the way the consumer can check and, if desired, restore

the information provided by him in the context of the agreement

Any additional costs that apply to shipping will be explicitly stated in the offer.

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 secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur can - within legal frameworks - inquire whether the consumer can meet his payment obligations, as well as all those 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, stating reasons, or to attach special conditions to the implementation.

Before the product is delivered, the consumer will be informed in writing of the following information:

the visiting address of the business where the consumer can go with complaints;

the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

the information about guarantees and existing after-sales service;

the price including taxes, shipping costs, and the method of payment, delivery, or implementation of the agreement;

the requirements for canceling the agreement if the agreement has a duration of more than one year or is indefinite.

Article 5 - The Agreement

The agreement, subject to the provisions of section 4, is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions set forth therein. If the consumer accepts the offer electronically, the entrepreneur shall confirm without delay by electronic means the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and to ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures. Within legal frameworks, the entrepreneur may ascertain whether the consumer can fulfill his payment obligations, as well as all facts and factors relevant to the responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled not to enter into the distance agreement. In this case, he is entitled to refuse a motivated order or application or to impose special conditions.

The entrepreneur shall provide the consumer with the following information concerning the product or service in writing or in such a way that it can be stored by the consumer in an accessible form on a durable medium, including:

the visiting address of the establishment of the entrepreneur where the consumer can lodge complaints;
the conditions under which and the manner in which the consumer can exercise his right of withdrawal, or a clear statement of the exclusion of the right of withdrawal;
information about warranties and existing after-sales service;
the data included in article 4, paragraph 3, of these terms and conditions, unless the trader has already provided this information to the consumer before the performance of the distance agreement;
the conditions for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of an agreement for a definite period, the provision in the previous paragraph shall only apply to the first delivery. Every agreement is subject to the suspensive condition of sufficient availability of the respective products.

Article 6 - Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without stating reasons within a cooling-off period of 14 days. This cooling-off period starts on the day following receipt of the product by the consumer or a pre-designated representative.

During the cooling-off period, the consumer shall handle the product and its packaging with care. He shall 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 shall return the product with all 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.

When the consumer exercises his right of withdrawal, he must do so within 14 days after receipt of the product. Return the product to the entrepreneur. The consumer must do this by means of a written message/email. 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 goods have been returned on time, for example by means of proof of dispatch.

If the consumer has not indicated within the specified periods in paragraphs 2 and 3 that he wishes to make use of his right of withdrawal or has not returned the goods to the entrepreneur, the purchase is a fact.

Article 7 - Costs in Case of Withdrawal

If the consumer exercises his right of withdrawal, the following applies: the costs of returning the goods are borne by the consumer. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. The condition for this is that the product has already been received by the entrepreneur or conclusive proof of complete return has been provided.

Article 8 - Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for:

Products:

which have been manufactured according to the consumer's specifications;
which are clearly of a personal nature;
which cannot be returned due to their nature;
which can spoil or age quickly;
whose price is dependent on 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 if the consumer has broken the seal;
for hygiene items if the consumer has broken the seal;
for products on sale and/or bundled purchases.

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

concerning accommodation, transport, restaurant or catering services to be provided on a specific date or during a specific period;
for which the delivery has started with the explicit consent of the consumer before the cooling-off period has expired;
relevant goods and lotteries.

Article 9 - The Price

During the validity period mentioned 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. Deviating from the previous paragraph, the entrepreneur may offer products or services the prices of which are subject to fluctuations on the financial market as follows: products or services the prices of which are subject to fluctuations on the financial market and over which the entrepreneur has no influence, with variable prices. This binding to fluctuations and the fact that all mentioned prices are target prices shall be stated in the offer. Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has agreed to them and: a. they result from legal provisions or regulations; or b. the consumer has the right to terminate the agreement on the day the price increase takes effect. The prices mentioned in the offer of products or services include VAT. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the seller is not obliged to deliver the product at the incorrect price.

Article 10 - Compliance and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications, the reasonable requirements of soundness and/or usability, and the existing legal provisions and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's legal rights and claims against the entrepreneur under the agreement. Defective or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition. The contractor's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the suitability of the products for the specific individual application by the consumer, nor for any advice regarding the use or application of the products. The warranty does not apply if: The consumer has repaired and/or altered them or had them repaired and/or altered by third parties; The delivered products have been exposed to abnormal conditions or have been handled improperly or contrary to the entrepreneur's instructions and/or packaging; The defectiveness is wholly or partly the result of regulations issued or to be issued by the government concerning the nature or quality of the materials used.

Article 11 - Delivery and Execution

The entrepreneur shall observe the greatest possible care when receiving and executing product orders and when assessing requests for the provision of services. The consumer's address as communicated to the company shall be the place of delivery. Subject to the provisions of article 4 of these general terms and conditions, the company shall 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 only partially be executed, the consumer shall be notified of this no later than 30 days after placing the order. In this case, the consumer has the right to dissolve the agreement free of charge and to claim compensation for any damages. In the event of cancellation in accordance with the preceding paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after cancellation. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. It shall be clearly and comprehensibly stated upon delivery that a replacement item will be provided. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be borne by the entrepreneur. The risk of damage and/or loss of products shall rest with the entrepreneur until the moment of delivery to the consumer or a designated representative known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Duration of Transactions:

Duration, Termination, and Renewal

Termination

The consumer may terminate an agreement entered into for an indefinite period and which concerns the regular delivery of goods (including electricity) or services at any time, observing the agreed-upon termination rules and a notice period of up to one month. The consumer may terminate an agreement entered into for a definite period and which concerns the regular delivery of products (including electricity) or services at any time at the end of the specified duration, observing the agreed-upon termination rules and a notice period of up to one month. The consumer may terminate agreements:

at any time and is not limited to cancellation at a specific moment or during a specific period;
under the same conditions as it was entered into;
always with the same notice period set by the entrepreneur for themselves.

Renewal

An agreement entered into for a definite period and concerning the regular delivery of goods (including electricity) or the provision of services may not be tacitly renewed or extended for a specified duration. In deviation from the preceding paragraph, an agreement entered into for a definite period and concerning the regular delivery of newspapers, news, and weekly publications may be tacitly renewed or extended for a specified duration, for up to three months, if the consumer can terminate this extended agreement at the end of the term, with a notice period of up to one month. An agreement entered into for a definite period and concerning the regular delivery of goods or services may only be tacitly renewed for an indefinite period if the consumer can terminate it at any time with a notice period of up to one month, and with a notice period of up to three months if the agreement concerns regular, but less frequent, delivery of newspapers and magazines less than once a month.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid as follows:

Amounts payable by the consumer 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 cooling-off period shall be deemed a strict deadline after the consumer has received confirmation of the agreement. The consumer has the obligation to inform the entrepreneur promptly of the payment details. In the event of consumer default, the entrepreneur, subject to legal limitations, has the right to charge the consumer reasonable costs in advance.

Article 14 - Complaints Procedure

Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects. Complaints submitted to the entrepreneur must be submitted within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a message of receipt and an indication of when the consumer can expect a more detailed response. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution process. A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing. If a complaint is found to be justified by the entrepreneur, the entrepreneur will replace or repair the delivered products at their choice, free of charge.

Article 15 - Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer is established abroad.