Terms and Conditions

Before using Erectionpill.eu, you should read the Terms and Conditions carefully. When using the products/services of Erectionpill.eu (internet, mobile or other platforms via Erectionpill.eu, and other related URLs offered by Erectionpill.eu) you must first agree to the Terms and Conditions. You are bound by the Terms and Conditions and all other terms and conditions that apply to Erectionpill.eu.

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 revocation
Article 8: Exclusion of revocation
Article 9: The price
Article 10: Conformity and warranty
Article 11: Delivery and execution
Article 12: Payment
Article 13: Complaints procedure
Article 14: Disputes
Article 15: Additional or deviating provisions

Article 1. Definitions

  1. Reflection period: is the period the customer has to exercise his right of withdrawal.
  2. Customer: is the person who enters into the agreement with the entrepreneur.
  3. Entrepreneur: the company/entrepreneur/legal entity that offers services/products online to customers.
  4. Day: Calendar Day
  5. Durable medium: any instrument which enables the consumer or entrepreneur to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information
  6. Distance contract: contract whereby the entrepreneur has a special system for distance selling of products and/or services, up to and including the conclusion of the contract, whereby use is made of one or more distance communication techniques.
  7. Distance communication technology: the means used by the entrepreneur and the customer to conclude the agreement, without being present in the same room.
  8. Right of withdrawal: indicates the duration for the customer to cancel the distance contract within a certain period.

Article 2. Identity of the entrepreneur

Klemans Groep B.V.
Erectionpill.eu is part of Klemans Groep B.V.
Schootsvel 5
1671 NW Medemblik

Chamber of Commerce number: 37088981
VAT number: 813.266.944 BO1

Erectionpill.eu customer service can be reached on workdays between 09:00 – 17:00.

Article 3. Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the customer.
  2. Before the distance contract is concluded, the general terms and conditions will be made available to the customer. If this is not possible, it will be indicated before the distance contract is concluded that the terms and conditions can be viewed at the entrepreneur and that they will be sent to the customer free of charge as soon as possible at the customer's request.
  3. If the distance contract is concluded electronically, the general terms and conditions can be made available to the customer electronically in such a way that the general terms and conditions can be stored by the customer. If this is not possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically by the customer or will be sent free of charge in another way.
  4. In the event that specific conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting general terms and conditions, the customer can always invoke the applicable provision that is most applicable to the customer.

Article 4. The offer

  1. If an offer has a limited period of validity or is subject to certain conditions, this will be clearly stated in the offer.
  2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the customer to properly assess the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  3. Each offer contains such information that it is clear to the customer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
    • the price including taxes;
    • any costs of delivery;
    • the manner in which the agreement will be concluded and the actions required for this;
    • the method of payment, delivery or performance of the agreement;
    • the period for accepting the offer or the period for honoring the price;
    • the level of the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the basic rate;
    • if the agreement is archived after it has been concluded, how it can be consulted by the customer;
    • the manner in which the customer can become aware of actions that he does not want before concluding the agreement, as well as the manner in which he can rectify these before the agreement is concluded;
    • the codes of conduct to which the entrepreneur has submitted and the manner in which the customer can consult these codes of conduct electronically; and
    • the minimum duration of the distance contract in the event of a contract for the continuous or periodic delivery of products or services.
 

Article 5. The agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the time the customer accepts the offer and meets the conditions set therein.
  2. If the customer has accepted the offer electronically, the entrepreneur will confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the customer can dissolve the agreement.
  3. If the customer has accepted the offer electronically, the entrepreneur will confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the customer can dissolve the agreement.
  4. The entrepreneur may (within legal frameworks) inquire whether the customer 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 the entrepreneur has good reasons not to enter into the contract on the basis of this investigation, the entrepreneur has the right to refuse the contract or application or to attach special conditions to the execution.
  5. The entrepreneur will send the following information to the customer with the product or service, in writing or in such a way that it can be stored by the customer in an accessible manner:
    • The visiting address of the entrepreneur's establishment where the customer can go with complaints;
    • The information about existing after-sales service and guarantees;
    • The information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the customer prior to the execution of the agreement;
    • The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
  6. If the entrepreneur has committed himself to delivering a series of products or services, the provision in the previous paragraph only applies to the first delivery.

Article 6. Right of withdrawal

  1. When purchasing products, the customer has the option to dissolve the agreement without giving reasons for 14 days. This cooling-off period commences on the day after receipt of the product by the customer or a representative designated in advance by the customer and made known to the entrepreneur.
  2. During the cooling-off period, the customer will handle the product and packaging with care. The customer will 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 will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the clear and reasonable instructions provided by the entrepreneur.
  3. Products that are returned on the basis of withdrawal must be returned in their original condition and packaging. The right of withdrawal does not apply to products that are unsealed, used or returned incomplete.

Article 7. Costs in case of revocation

  1. If the customer exercises his right of withdrawal, he will be responsible for at most the costs of return.
  2. If the customer has paid an amount, the entrepreneur will refund this amount within 30 days after the return or cancellation.

Article 8. Exclusion of right of withdrawal

  1. The entrepreneur can exclude the customer's right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
    • Exclusion of the right of withdrawal is only possible for products:
    • that are clearly personal in nature;
    • which by their nature cannot be returned;
    • that can spoil or become outdated quickly;
    • the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
    • for individual newspapers and magazines;
    • for audio and video recordings and computer software where the consumer has broken the seal.

Article 9. The price

  1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
  2. By way of exception to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This subjection to fluctuations and the fact that any prices stated are target prices shall be stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
    • these are the result of statutory regulations or provisions; or
    • the consumer has the authority to terminate the agreement on the day on which the price increase takes effect.
  5. The prices stated in the offer of products or services include VAT.
 

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 the agreement was concluded. 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 statutory rights and claims that the customer can assert against the entrepreneur under the agreement.

Article 11. Delivery and execution

  1. The entrepreneur will handle orders with the utmost care. Care is provided in receiving and executing orders.
  2. The place of delivery is the address or PostNL collection point that the customer has made known to the company.
  3. Taking into account what is stated in article 4 of the general terms and conditions, the entrepreneur will execute orders within 30 days unless a longer delivery period has been agreed. If there is a delay or an order cannot be executed or can only be executed in part, the customer will receive notification of this no later than 30 days after placing the order. In that case, the customer has the right to terminate the agreement without costs.
  4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the customer within 30 days after dissolution.
  5. If delivery of an ordered product is not possible, the entrepreneur will make an effort to deliver a replacement product. The customer will be clearly informed at the latest upon delivery that a replacement product is being delivered. In this case, exclusion of the right of withdrawal is excluded. The costs for any return shipment are for the account of the entrepreneur.
  6. The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery, unless expressly agreed otherwise.

Article 12. Payment

  1. Unless expressly agreed otherwise, amounts owed by the customer must be paid within 14 days after the commencement of the right of withdrawal as described in Article 6 paragraph 1.
  2. When selling products to customers, the general terms and conditions may stipulate an advance payment of up to 50%. If an advance payment has been stipulated, the customer cannot assert any rights regarding the execution of the order in question until the advance payment has been made.
  3. The customer is obliged to report any inaccuracies in payment details provided or stated to the entrepreneur.
  4. In the event of non-payment by the customer, the entrepreneur has the right, subject to legal restrictions, to charge the costs made known to the customer in advance.

Article 13. Complaints procedure

  1. The entrepreneur has a sufficiently well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the customer 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 period of 14 days with a confirmation of receipt and an indication of when the customer can expect a more detailed answer.

Article 14. Disputes

  1. Agreements between the entrepreneur and the customer to which the general terms and conditions apply are exclusively governed by Dutch law.
  2. A dispute will only be dealt with if the customer has first submitted a complaint to the entrepreneur within a reasonable time.
  3. Before parties appeal to a court, disputes must be discussed in mutual consultation through the utmost effort of both parties.
  4. Erectionpill.eu has the right to submit disputes to the competent court according to the law.
  5. The court in the place of establishment of Erectionpill.eu has exclusive jurisdiction to hear disputes, unless the subdistrict court has jurisdiction.
 

Article 15. Additional or deviating provisions

Additional or deviating provisions from these conditions may not be to the detriment of the customer and must be recorded in writing or in such a way that they can be stored by the customer in an accessible manner on a durable data carrier.

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