TERMS & CONDITION

Welcome to our Terms & Conditions. This document outlines the terms and conditions that apply to your use of our services, website, and the purchase of our products. By accessing or using our services and making a purchase, you agree to be bound by these terms and conditions.

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 course of a profession or business and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Long-term contract: a distance contract relating to a series of products and/or services, with the obligation of delivery and/or performance spread over time;
5. Durable medium: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future access and unaltered reproduction of the stored information.
6. Right of withdrawal: the consumer's ability to withdraw from the distance contract within the cooling-off period;
7. Model form: the model withdrawal form provided by the entrepreneur, which the consumer can use to exercise their right of withdrawal.
8. Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
9. Distance contract: a contract concluded in the context of an organized system for distance selling of products and/or services, where the conclusion of the contract exclusively involves the use of one or more techniques for distance communication;
10. Technique for distance communication: a means that can be used for the conclusion of a contract without the consumer and entrepreneur being physically present in the same space simultaneously.
11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur
The identity of the entrepreneur is as follows:

1. Company name: Otrix
2. Registered address: Lijdenweg 30 L
3. Contact information: klantenservice@otrixsurf.com
4. Chamber of Commerce registration number: 89786017
5. VAT identification number: NL004760251B95

Please note that the provided information is specific to the given entrepreneur.

Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
2. Prior to the conclusion of the distance contract, the text of these general terms and conditions will be made available to the consumer. If it is not reasonably possible to do so, it will be indicated 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 as soon as possible.
3. If the distance contract is concluded electronically, in deviation from the previous paragraph and prior to the conclusion of the distance contract, 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 it is not reasonably possible to do so, it will be indicated before the conclusion of the distance contract where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge, either electronically or in another manner, upon request.
4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, paragraphs 2 and 3 shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer may always invoke the provision that is most favorable to them.
5. If one or more provisions in these general terms and conditions are null and void or are declared void, the agreement and these conditions shall remain in force for the remainder, and the relevant provision shall be replaced by a provision that approximates the purpose of the original provision as closely as possible, by mutual agreement.
6. Matters not governed by these general terms and conditions shall be assessed in the spirit of these general terms and conditions.
7. Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall 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 subject to conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to modify and adapt the offer.
3. The offer includes a complete and accurate description of the products and/or services being offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the products and/or services being 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 be a basis for damages or dissolution of the agreement.
5. Images accompanying products are a true representation of the products being offered. The entrepreneur cannot guarantee an exact match between the displayed colors and the actual colors of the products.
6. Each offer contains information that makes it clear to the consumer what rights and obligations are associated with accepting the offer. This includes, in particular:
- the price including taxes;
- any shipping costs;
- the manner in which the agreement will be concluded and the actions required for that purpose;
- the applicability of the right of withdrawal, if applicable;
- the method of payment, delivery, and performance of the agreement;
• The acceptance period of the offer or the period within which the entrepreneur guarantees the price.
• The amount of the fee for distance communication if the costs of using the remote communication technique are calculated on a basis other than the regular base rate for the communication medium used.
• Whether the agreement will be archived after its conclusion, and if so, how the consumer can access it.
• The way in which the consumer can verify and, if desired, correct the data provided by him in the context of the agreement, before the conclusion of the agreement.
• The possible 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.
• The minimum duration of the distance agreement in the case of a long-term transaction.
• Optional: available sizes, colors, types of materials.

Article 5 - The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions stated therein.
2. If the consumer has accepted the offer electronically, the entrepreneur shall 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 may terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and provide a secure web environment. If the consumer can make electronic payments, the entrepreneur shall take appropriate security measures for this purpose.
4. The entrepreneur can, within the legal framework, ascertain whether the consumer is able to fulfill his payment obligations, as well as any other facts and factors that are relevant to a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has valid grounds for not entering into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to its execution.
5. The entrepreneur shall include the following information with the product or service, either in writing or in a manner that allows the consumer to store it in an accessible way on a durable medium:
6. The visiting address of the entrepreneur's establishment where the consumer can address complaints;
7. The conditions and method for the consumer to exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
8. Information about warranties and existing post-purchase services;
9. The data provided in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
10. The requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
11. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
12. Every agreement is entered into subject to the suspensive condition of sufficient availability of the relevant products.

Article 6 - Right of Withdrawal
In the case of product delivery:
1. When purchasing products, the consumer has the option to dissolve the agreement without stating any reasons within 14 days. This withdrawal period starts on the day after the consumer or a previously designated representative, who is known to the entrepreneur, has received the product.
2. During the withdrawal period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises their right of withdrawal, they shall return the product to the entrepreneur with all supplied accessories, and if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product. The consumer must make this notification using the model withdrawal form. After the consumer has notified their intention to exercise the right of withdrawal, they must return the product within 14 days. The consumer must provide proof that the returned goods were sent in a timely manner, for example, by means of proof of shipment.
4. If, after the expiry of the periods mentioned in paragraphs 2 and 3, the customer has not notified their intention to exercise the right of withdrawal or has not returned the product to the entrepreneur, the purchase is considered final.
In the case of service delivery:
5. When delivering services, the consumer has the option to dissolve the agreement without stating any reasons for at least 14 days, starting from the day the agreement was entered into.
6. In order to exercise their right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the time of delivery.

Article 7 - Costs in the Event of Withdrawal
1. If the consumer exercises their right of withdrawal, they shall bear the maximum cost of returning the goods.
2. If the consumer has made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the withdrawal. This refund is conditional upon the product having been received back by the online retailer or upon the consumer providing conclusive proof of returning the goods. The refund will be made using the same payment method chosen by the consumer unless the consumer expressly agrees to a different method.
3. If the product has been damaged due to the consumer's careless handling, the consumer may be held liable for any depreciation in value of the product.
4. The consumer cannot be held liable for any depreciation in value of the product if the entrepreneur has failed to provide all legally required information regarding the right of withdrawal before the conclusion of the purchase agreement.

Article 8 - Exclusion of the Right of Withdrawal
1. The entrepreneur may exclude the consumer's right of withdrawal for products as 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 or, at least, in a timely manner before the conclusion of the agreement.
2. The right of withdrawal can only be excluded for products:
3. that have been customized or tailored to the consumer's specifications;
4. that are clearly personal in nature;
5. that cannot be returned due to their nature;
6. that can quickly perish or age;
7. whose price is subject to fluctuations in the financial market beyond the entrepreneur's control;
8. for newspapers and magazines sold separately;
9. for audio and video recordings and computer software if the consumer has broken the seal.
10. for hygiene products if the consumer has broken the seal.
11. The exclusion of the right of withdrawal is only possible for services:
12. related to accommodation, transport, catering, or leisure activities to be carried out on a specific date or during a specific period;
13. for which the delivery has begun with the explicit consent of the consumer before the withdrawal period has expired;
14. related to betting and lotteries.

Article 9 - 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 due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no control. The fact that prices may be indicative and subject to fluctuations shall be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
5. they are the result of legal regulations or provisions; or
6. the consumer has the right to terminate the agreement as of the day on which the price increase takes effect.
7. The prices stated in the offer of products or services include VAT.
8. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the erroneous 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 in force on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.
2. Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur based on the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. The products must be returned in their original packaging and in new condition.
4. The warranty period provided by the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:
- The consumer has repaired or modified the delivered products themselves or had them repaired or modified by third parties.
- The delivered products have been exposed to abnormal conditions or have been handled in a careless manner, or are contrary to the instructions of the entrepreneur and/or indicated on the packaging.
- The defect is wholly or partly the result of regulations or requirements imposed by the government regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution
1. The entrepreneur will exercise the utmost care when receiving orders for products and executing these orders, as well as when assessing requests for services.
2. The address provided by the consumer to the company shall serve as the place of delivery.
3. With due regard to what is stipulated about this in Section 4 of this article, the company will execute accepted orders promptly but in any case within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be executed, whether in whole or in part, the consumer will be informed about this no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement at no cost, with no entitlement to damages.
4. All delivery periods mentioned are indicative. The consumer cannot derive any rights from any mentioned terms. Exceeding a term does not entitle the consumer to compensation.
5. In the event of dissolution in accordance with Section 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 a product ordered proves to be impossible, the entrepreneur will endeavor to make a replacement item available. Clear and understandable communication will take place upon delivery that a replacement item is being supplied. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment will be borne by the entrepreneur.
7. The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or to a designated representative of the entrepreneur, unless explicitly agreed otherwise.

Article 12 - Duration Transactions: Duration, Termination, and Extension
Termination
1. The consumer has the right to terminate an agreement that has been entered into for an indefinite period and pertains to the regular delivery of products (including electricity) or services at any time, observing agreed termination rules and a notice period of up to one month.
2. The consumer has the right to terminate an agreement that has been entered into for a definite period and pertains to the regular delivery of products (including electricity) or services at any time, at the end of the agreed duration, observing agreed termination rules and a notice period of up to one month.
3. The consumer can terminate the agreements mentioned in the previous sections at any time, without being limited to a specific time or period. Termination must take place in the same manner as the way in which the agreement was entered into, and with the same notice period as the entrepreneur has stipulated for itself.
Extension
4. An agreement that has been entered into for a definite period and pertains to the regular delivery of products (including electricity) or services cannot be extended or renewed automatically for a specific duration.
5. In deviation from the previous section, an agreement that has been entered into for a definite period and pertains to the regular delivery of day, news, and weekly newspapers and magazines can be silently extended for a maximum duration of three months if the consumer can terminate this extended agreement with a notice period of up to one month at the end of the extension.
6. An agreement that has been entered into for a definite period and pertains to the regular delivery of products or services can only be silently extended for an indefinite duration if the consumer can terminate it at any time with a notice period of up to one month. If the agreement pertains to the regular delivery of day, news, and weekly newspapers and magazines less frequently than once a month, a notice period of up to three months applies.

Article 13 - Payment
1. Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the beginning of the reflection period as referred to in Article 6, Section 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.
2. The consumer is obligated to promptly notify the entrepreneur of any inaccuracies in the provided or stated payment details.
3. In the event of default by the consumer, the entrepreneur is entitled, subject to legal limitations, to charge the reasonable costs that have been communicated to the consumer in advance.

Article 14 - Complaints Procedure
1. The entrepreneur has a clearly published complaints procedure and handles complaints in accordance with this procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur in a complete and clearly described manner within 7 days 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 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.
4. If the complaint cannot be resolved through mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
5. In case of complaints, the consumer should first contact the entrepreneur. If the web store is affiliated with Stichting WebwinkelKeur and complaints cannot be resolved through mutual consultation, the consumer should contact Stichting WebwinkelKeur (webwinkelkeur.nl), which will mediate for free. Check if this web store has an active membership via https://www.webwinkelkeur.nl/leden/. If a solution is still not reached, the consumer has the option to submit the dispute to the independent dispute resolution committee appointed by Stichting 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 dispute resolution committee, which the consumer must pay to the respective committee. It is also possible to file complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be valid by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes
1. Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.
2. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

Article 16 - Additional or Deviating Provisions
Additional or deviating provisions compared to these general terms and conditions may not be detrimental to the consumer and must be documented in writing or presented in such a way that the consumer can store them on a durable medium.