General Terms and Conditions

Last updated: 28-08-2025

Table of Contents

• Article 1 – Definitions
• Article 2 – Identity of the entrepreneur
• Article 3 – Applicability
• Article 4 – The offer
• Article 5 – The contract
• Article 6 – Right of withdrawal
• Article 7 – Costs in case of withdrawal
• Article 8 – Exclusion of the right of withdrawal
• Article 9 – Price
• Article 10 – Conformity and warranty
• Article 11 – Delivery and performance
• Article 12 – Duration contracts: duration, termination and renewal
• Article 13 – Payment
• Article 14 – Complaints procedure
• Article 15 – Disputes

Article 1 – Definitions

• Withdrawal period: the period within which the consumer can exercise the right of withdrawal.
• Consumer: a natural person not acting for commercial or professional purposes who enters into a distance contract with the entrepreneur.
• Day: calendar day.
• Duration contract: a distance contract relating to a series of products and/or services whose supply and/or purchase obligation is spread over time.
• Durable medium: any means that enables the storage of information in a way that makes it accessible and reproducible unchanged in the future.
• Right of withdrawal: the possibility for the consumer to dissolve the distance contract within the withdrawal period.
• Model form: the withdrawal form provided by the entrepreneur.
• Entrepreneur: the natural or legal person offering products and/or services remotely to consumers.
• Distance contract: a contract concluded within an organized system of distance selling, using exclusively one or more means of distance communication until conclusion.
• Means of distance communication: any means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present.
• General Terms and Conditions: these terms and conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

PowerOak B.V.
Kanaaldijk Noord 111
5642JA Eindhoven
The Netherlands

Telephone: +31 40 240 5888
Email: info@poweroak.eu
Chamber of Commerce (KvK) number: 65077687
VAT number: NL855971289B01

Article 3 – Applicability

• These terms apply to every offer of the entrepreneur and to every distance contract with the consumer.
• Before concluding the distance contract, the text of these terms will be made available to the consumer.
• In electronic contracts, the terms may be provided electronically for storage on a durable medium.
• In case of conflicting general terms, the provision most favorable to the consumer will prevail.
• The invalidity of one provision does not affect the validity of the rest of the contract.

Article 4 – The offer

• Offers are non-binding and may be modified.
• Obvious errors do not bind the entrepreneur.
• Images are accurate representations but do not guarantee exact color match.
• The offer includes clear information on:
  • price including taxes;
  • possible shipping costs;
  • procedure for concluding the contract;
  • existence or exclusion of the right of withdrawal;
  • methods of payment, delivery and performance;
  • validity period of the offer;
  • communication costs if different from the basic rate;
  • whether the contract will be archived and how it can be accessed;
  • possibility to correct data before confirmation;
  • available languages for the contract;
  • applicable codes of conduct and how to consult them;
  • minimum duration of the contract in case of duration contracts.

Article 5 – The contract

• The contract is concluded when the consumer accepts the offer and meets the stated conditions.
• The entrepreneur will confirm acceptance of the offer electronically.
• The entrepreneur will take technical and organizational measures for secure electronic transactions.
• The entrepreneur may verify the consumer’s solvency and refuse orders with justification.
• With the product/service, the entrepreneur will provide:
  • address for complaints;
  • information on the right of withdrawal or its exclusion;
  • information on guarantees and after-sales service;
  • data from Article 4 if not provided earlier;
  • termination conditions for contracts lasting more than one year.

Article 6 – Right of withdrawal

Products

• The consumer may withdraw within 14 days from receipt of the product.
• The product must be handled carefully; only use as necessary for evaluation.
• Withdrawal must be communicated within 14 days, with return in the following 14 days.
• Failure to notify or return in time makes the purchase final.

Services

• The consumer may withdraw within 14 days from conclusion of the contract.
• The consumer must follow reasonable instructions from the entrepreneur.

Article 7 – Costs in case of withdrawal

• The consumer bears the direct costs of return.
• Payments will be refunded within 14 days of withdrawal, provided the product or proof of return has been received.
• Refunds will be made using the same payment method unless agreed otherwise.
• If the product is damaged due to improper handling, the consumer is responsible for depreciation.

Article 8 – Exclusion of the right of withdrawal

The entrepreneur may exclude the right of withdrawal, if clearly stated in the offer:

• custom-made or personalized products;
• products that cannot be returned by their nature;
• perishable goods;
• products subject to market fluctuations;
• single newspapers and magazines;
• unsealed software/audiovisuals;
• unsealed hygienic products.

Article 9 – Price

• Prices will not be increased during the offer validity, except for VAT changes.
• Variable prices linked to financial markets are allowed.
• Increases within 3 months are only permitted by law.
• Increases after 3 months only if the consumer can terminate.
• Prices include VAT.
• Typographical errors do not bind the entrepreneur.

Article 10 – Conformity and warranty

The entrepreneur guarantees that products/services comply with the contract, specifications, and applicable regulations.

Legal warranty applies to all products.

Warranty does not cover defects if:

• the consumer repairs/modifies them themselves;
• they are used under abnormal conditions;
• defects arise from government regulations regarding materials.

Article 11 – Delivery and performance

Delivery will be made with the utmost care to the address provided by the consumer.

Maximum delivery time: 30 days unless otherwise agreed. Delays will be communicated, giving the right to free cancellation.

Risk of loss/cost passes to the consumer upon receipt.

Article 12 – Duration contracts: duration, termination and renewal

Termination

• Indefinite contracts: may be terminated at any time with 1 month’s notice.
• Fixed-term contracts: may be terminated at the end with 1 month’s notice.

Renewal

• Fixed-term contracts are not automatically renewed.
• Exception: periodic subscriptions up to 3 months, cancellable with 1 month’s notice.

Article 13 – Payment

• Amounts must be paid within 7 working days after the start of the withdrawal period.
• The consumer must immediately correct incorrect payment details.
• In case of non-payment, the entrepreneur may charge reasonable costs.

Article 14 – Complaints procedure

• The entrepreneur has an adequate complaints procedure.
• Complaints must be submitted within 2 months of detecting the defect.
• Response within 14 days; if longer, an estimated timeframe will be given.
• If unresolved, the dispute may be submitted to dispute resolution bodies.

Article 15 – Disputes

• Contracts are exclusively subject to Dutch law.
• The Vienna Sales Convention (CISG) does not apply.

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