Terms of Services

Table of contents

Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Compliance and Warranty
Article 11 – Delivery and execution
Article 12 – Duration transactions: Term, cancellation and extension
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or different provisions

Article 1 – Definitions

In these terms and conditions, the following terms shall have the following meanings

1. Grace period: The period within which the consumer can make use of his right of withdrawal; Read all about grace period
2. Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract relating to a series of products and / or services,
5. Duration transaction: a remote agreement related to a series of products and/or services of which the delivery and/or purchase obligation is spread over time;
6. Durable data carrier: every means that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows for future consultation and unaltered reproduction of the stored information.
7. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
8. Model form: the model form for withdrawal which the entrepreneur makes available and which a consumer can fill in when he wants to make use of his right of withdrawal.
9. Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance;
10. Distance contract: an agreement whereby sole use is made of one or more techniques for distance communication within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the moment that the agreement is concluded;
11. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room at the same time.
12. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

info@subwellgurus.com

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract
   These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order that is concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general conditions will be made
   Before concluding a distance contract, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, prior to the conclusion of the distance
   If this is not reasonably possible, the text of these general conditions will be made available to the consumer before the distance contract is concluded. request of the consumer as soon as possible.
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it simple manner by the consumer can be stored on a durable data carrier. If this is not reasonably possible
   If this is not reasonably possible, the consumer will be informed where the general terms and conditions can be viewed terms and conditions electronically and that they may be consulted free of charge at the consumer’s request electronically or in any other way. electronically or in any other way free of charge.
4. In case specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall not apply.
   In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs apply by analogy and the consumer can always appeal to the general conditions
   In case of contradictory general terms and conditions, the consumer can always rely on the applicable provision which is the most favourable to him.
5. If one or more of the provisions in these general terms and conditions should at any time be wholly or partially null and void or are annulled in part, then the remainder of the agreement and these terms and conditions shall remain in force and the provision in question shall be replaced without delay by a provision replaced without delay by a provision that approximates the scope of the original as closely as possible.
6. Situations not covered by these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions. of these general terms and conditions.
7. Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions should be
8. Any lack of clarity regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 – The offer

1. If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. make a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the products and / or services offered. Obvious mistakes or obvious errors in the offer are not binding on the Entrepreneur.
4. All images, specifications and data in the offer are indicative and can not lead to compensation or dissolution of the contract.
5. Images of products are a true representation of the products on offer. Entrepreneur cannot guarantee that the colours shown will exactly match the real colours of the products.
6. Each offer contains such information, that it is clear to the consumer what his rights and obligations are,
   This concerns in particular:
   • the price including taxes;
   • the possible costs of shipment;
   • the way in which the agreement will be brought about and which actions are required for this;
   • whether or not the right of withdrawal is applicable;
   • the method of payment, delivery and implementation of the agreement;
   • The period for accepting the offer, or the period within which the entrepreneur price guarantees;
   • the size of the tariff for distance communication if the costs for using the technology for distance communication are calculated on a different communication at a distance are calculated on a basis other than the regular basic rate for the means of communication used;
   • whether the agreement is archived after its conclusion and, if so, in which way it can be consulted by the consumer; – whether the agreement is in the possession of a consulted by the consumer;
   • the way in which the consumer, before concluding the contract, can check the data he has provided in the framework of the agreement, the way in which the consumer, before concluding the agreement, can check the data he has provided and, if desired, correct them;
   • any other languages besides Dutch in which the contract can be concluded;
   • the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
   • the minimum duration of the distance contract in the event of an extended transaction.

Article 5 – The Agreement

1. The agreement is concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated are fulfilled.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm the receipt of the acceptance of the offer electronically. As long as the agreement of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and
4. If the agreement is created electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and he shall ensure a safe secure web environment. If the consumer is able to pay electronically, the entrepreneur shall observe appropriate take appropriate security measures.
5. The entrepreneur can – within legal limits – inform himself whether the consumer can fulfill his payment obligations
6. The entrepreneur may, within the limits of the law, inform the consumer about his ability to fulfil his payment obligations, as well as about all those facts and factors that are important for a responsibly concluding the distance contract. If, on the basis of this examination, the trader has sound reasons for not concluding the contract, he is entitled to refuse an order or request while giving reasons, or to attach special conditions to the implementation.
7. The entrepreneur will, together with the product or service, send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier, with the product or service:
   • The visiting address of the Entrepreneur’s business establishment where the Consumer may lodge complaints;
   • The conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear notification concerning the exclusion of the right of withdrawal;
   • the information on guarantees and existing service after purchase;
   • the data included in article 4, paragraph 3 of these conditions, unless the trader has already provided the consumer with these
   • the consumer before the execution of the agreement;
   • the requirements for terminating the agreement if the agreement has a duration of more than one year orr of indefinite duration.
8. In case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
9. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

In case of delivery of products:

1. When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons during a period of 14 days. This cooling off period commences on the day after receipt of the product by the consumer or a previously designated by the consumer and the entrepreneur
2. During the cooling-off period the consumer will handle the product and packaging with care. He will only unpack or use the product only to the extent necessary to judge whether he/she wishes to keep to the extent necessary to judge whether he wishes to keep it. If he makes use of his right of withdrawal, he will return the product with all the delivered and – if reasonably possible – in the original condition and packaging to the entrepreneur, according to the reasonable and clear instructions provided by the entrepreneur.
3. When the consumer wishes to make use of his right of withdrawal, he is obliged to do so within 14 days, If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days after receiving the product.
   The consumer must make this known by means of the model form or by means of another means of communication such as e-mail. After the consumer has made known that he wants to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of posting.
4. If, at the end of the periods specified in paragraphs 2 and 3, the customer has not made known that he wishes to make use of his right of withdrawal or has not returned the product to the entrepreneur.

In case of delivery of services:

1. When services are supplied, the consumer has the possibility of dissolving the agreement without giving reasons for a period of at least 14 days, starting on the day of entering into the agreement.
2. To make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest on delivery.

Article 7 – Costs in the event of withdrawal

1. If the consumer makes use of his right of withdrawal, a maximum of the costs of returning the goods shall be borne by him for his account.
2. If the consumer has paid an amount, the entrepreneur shall return this amount as soon as possible, but at the latest within 14 days after the withdrawal. This is subject to the condition that the product has already been received by the merchant or conclusive proof of return can be provided.
3. Reimbursement will be made via the same payment method as used by the consumer, Unless the consumer explicitly agrees to a different payment method.
4. In case of damage of the product due to careless handling by the consumer himself, the consumer is liable for any decrease in value of the product.
5. The consumer cannot be held liable for a reduction in the value of the product if the entrepreneur has not provided all the legally required information about the right of withdrawal; this should be

This must take place prior to the conclusion of the purchase agreement.

Article 8 – Exclusion of right of withdrawal

1. 1. The entrepreneur can exclude the right of withdrawal of the consumer for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal shall only apply if the Entrepreneur has clearly stated this fact when making the offer or at least in good time prior to concluding the contract.
2. Exclusion of the right of withdrawal is only possible for products
   • that have been created by the entrepreneur in accordance with the specifications of the consumer;
   • that are clearly personal in nature;
   • that cannot be returned due to their nature;
   • That spoil or age quickly;
   • whose price depends on fluctuations in the financial market on which the entrepreneur has no influence;
   • For individual newspapers and magazines;
   • For audio and video recordings and computer software of which the consumer has unsealed the seal;
   • for hygienic products of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or
   • during a specific period;
   • of which the delivery has been started with the consumer’s explicit consent before the cooling-off period has
   • has expired;
   • on betting and lotteries.

Article 9 – The price

1. During the period of validity mentioned in the offer, the prices of the products and/or services are not increased, except for price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are recommended prices will be stated with the offer.
3. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:
   they are the result of statutory regulations or stipulations; or
   the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
4. The prices mentioned in the offer of products or services include VAT.
5. All prices are subject to misprints and typesetting errors. No liability is accepted for the consequences of misprints and typesetting errors. In case of misprints, the entrepreneur is not obliged to deliver the product at the wrong price.

Article 10 – Compliance and warranty

1. The entrepreneur guarantees that the products and / or services meet the contract, the specifications listed in the offer, to the reasonable requirements of reliability and/or usefulness and on the  concluding the contract, to the reasonable requirements of reliability and/or serviceability and to the existing statutory provisions and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer, based on the agreement, can enforce against the entrepreneur.
3. Any defects or wrongly delivered products must be reported to the entrepreneur in writing within two months after delivery. The products must be returned in the original packaging and in new condition.
4. The guarantee period of the entrepreneur corresponds to the factory guarantee period. The entrepreneur is, however 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 guarantee does not apply if the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties
6. The guarantee does not apply if the delivered products have been exposed to abnormal conditions or are otherwise carelessly handled in an abnormal manner or contrary to the instructions of the entrepreneur and/or are treated on the packaging;
7. the inadequacy is wholly or partially the result of regulations which the government has laid down or will lay down government has laid down or will lay down with regard to the nature or quality of the materials used.

Article 11 – Delivery and execution

1. The entrepreneur will take the greatest possible care when receiving and in the implementation of product orders and in assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in paragraph 4 of this article, the company will process accepted orders with due observance of what is stated in paragraph 4 of this article, the company shall execute accepted orders expeditiously but at least within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be filled or can be filled only partially, the partially carried out, the consumer shall be informed about this no later than 30 days after he has placed the order. The consumer in that case has the right to dissolve the agreement without cost. The consumer is not entitled to compensation.
4. All delivery periods are indicative. The consumer cannot derive any rights from any deadlines mentioned. Exceeding a term does not entitle the consumer to compensation.
5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the consumer with the amount paid as soon as possible, but no later than within 14 days.
6. If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement product. The fact that a replacement article is being delivered will be communicated in a clear and comprehensible manner, at the latest upon delivery. that a replacement product is being delivered. The right of withdrawal cannot be excluded in the case of replacement articles. The cost of any return shipment shall be borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a previously designated and notified representative of the entrepreneur, unless otherwise agreed.

Article 12 – Duration transactions: duration, termination and renewal

Termination

1. The consumer may terminate a contract that has been concluded for an indefinite period of time and that extends to the regular supply of products (electricity included) or services at all times, subject to the agreed termination rules and a period of notice that does not exceed one month.
2. The consumer may terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed-term with due observance of the
3. The consumer may terminate a fixed-term contract at any time at the end of the fixed term in compliance with the agreed termination rules and a period of notice that does not exceed one month.
4. The consumer can terminate the agreements referred to in the previous paragraphs

• terminate them at all times and not be limited to termination at a specific time or in a specific period;
• terminate them at the end of a specific period;
• at least terminate them in the same manner as they were concluded by him;
  always terminate them with the same period of notice as the entrepreneur has stipulated for himself.

Extension

1. An agreement that was entered into for a definite period of time and that extends to the regular supply of products (including electricity) or services, may not be tacitly extended or renewed for a fixed period.
2. In deviation from the previous paragraph, a contract for a definite period of time that has been concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly extended for a term of no more than three months if the consumer can terminate this extended contract towards the end of the prolongation with a period of notice that does not exceed one month.
3. A fixed-term contract that has been concluded for the regular supply of products or services may only be tacitly extended for an indefinite period if the consumer has at all times the right to terminate with a notice of up to one month and a notice of up to three month. if the purpose of the agreement is the regular delivery, but less than once a month, of daily newspapers and magazines,
4. A contract with a limited period of time for the regular supply, by way of introduction, of daily, news and weekly newspapers and magazines (trial or error) shall not be automatically

Duration

If a contract lasts more than one year, after one year the consumer may at any time terminate with a notice of up to one month, unless the reasonableness and fairness resisting the termination before the end of the year.

Article 13 – Payment

1. Insofar not otherwise agreed upon, amounts payable by the consumer should be paid within 7 working days after the start of the reflection period as referred to in article 6 paragraph 1. In case of an
2. In case of an agreement to provide a service, this period shall start after the consumer has received the confirmation of the agreement.
3. The consumer has the duty to inform the trader immediately of any inaccuracies in payment details provided or stated.
4. In case of non-payment on the part of the consumer, and subject to legal restrictions, the entrepreneur has the right to charge any reasonable costs previously incurred to the consumer.

Article 14 – Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement shall be fully and clearly described and submitted to the entrepreneur within two months after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days, calculated from the date of receipt.
   If a complaint requires a foreseeable longer time to process, the entrepreneur shall respond within 14 days with a notice of receipt and an indication of when the consumer may expect a more detailed. the consumer can expect a more detailed answer.
4. If the complaint cannot be solved in mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
5. In case of complaints, a consumer should first turn to the entrepreneur. If the web shop is

   • SUBWELL LTD and in the event of complaints that cannot be solved by mutual agreement

   • The consumer should contact

     SUBWELL LTD

     (www.subwellgurus.com), who will mediate free of charge.
   • Check whether this web shop has an ongoing membership via https://www.subwellgurus.com. If a solution cannot be found, the consumer has the possibility to let his complaint be handled by the by

     SUBWELL LTD appointed independent

     The ruling is binding and both entrepreneur and consumer agree to this binding ruling. To submit a dispute to this dispute committee are
     Costs are attached to submitting a dispute to this dispute committee, which must be paid by the consumer to the committee in question. It is also
     It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur in writing otherwise
6. A complaint shall not suspend the Entrepreneur’s obligations unless the Entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur shall, at his discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

1. To agreements between the entrepreneur and the consumer to which these general conditions apply
2.  The Vienna Sales Convention does not apply.

Article 16 – Additional or different provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner and in the event of complaints that cannot be solved by mutual agreement

1. The consumer should contact Subwell Ltd
   (www.subwellgurus.com), who will mediate free of charge.
2. Check whether this web shop has an ongoing membership via https://www.subwellgurus.com. If a solution cannot be found, the consumer has the possibility to have his
3. Consumer has the possibility to let his complaint be handled by the by Subwell Ltd appointed independent
4. The ruling is binding and both entrepreneur and consumer agree to this binding ruling. To submit a dispute to this dispute committee are
5. Costs are attached to submitting a dispute to this dispute committee, which must be paid by the consumer to the committee in question. It is also
6. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
7. A complaint shall not suspend the Entrepreneur’s obligations unless the Entrepreneur indicates otherwise in writing.
8. If a complaint is found to be justified by the entrepreneur, the entrepreneur shall, at his discretion, either replace or repair the delivered products free of charge.