Terms and Conditions

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 – Consumer’s obligations during the cooling-off period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Entrepreneur’s obligations upon withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Performance and additional warranty
Article 13 – Delivery and execution
Article 14 – Long-term transactions: duration, termination, and extension
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Additional or deviating provisions

Article 1 – Definitions In these terms and conditions, the following terms shall have the following meanings:

Additional agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract, and these goods, digital content, and/or services are supplied by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur; Cooling-off period: the period during which the consumer may exercise his right of withdrawal; Consumer: the natural person who does not act for purposes related to his trade, business, craft, or professional activity; Day: calendar day; Digital content: data produced and supplied in digital form; Long-term agreement: an agreement that aims at the regular delivery of goods, services, and/or digital content over a certain period; Durable medium: any tool – including email – that enables the consumer or entrepreneur to store information personally addressed to him in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended, and that allows the unchanged reproduction of the stored information; Right of withdrawal: the consumer’s ability to withdraw from the distance contract within the cooling-off period; Entrepreneur: the natural or legal person who offers products, (access to) digital content, and/or services to consumers at a distance; Distance contract: an agreement concluded between the entrepreneur and the consumer as part of an organized system for distance selling of products, digital content, and/or services, where up to and including the conclusion of the agreement, only or partly use is made of one or more techniques for remote communication; Model withdrawal form: a digital version of the withdrawal form is available on the website; Technique for remote communication: means that can be used for concluding an agreement, without the consumer and the entrepreneur having to come together simultaneously in the same space.

Article 2 – Identity of the Entrepreneur

AsilahSpanish Málaga
Info@asilahspanish.com

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur shall indicate, before the distance contract is concluded, how the general terms and conditions can be accessed by the consumer and that they will be sent to the consumer free of charge upon request as soon as possible.
If the distance contract is concluded electronically, in deviation from 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 the consumer can easily store it on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it shall be indicated where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge upon request by electronic means or by other means.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting conditions, the consumer may always rely on the provision that is most favorable to him.

Article 4 – The Offer

If an offer has a limited duration or is subject to conditions, this shall be explicitly stated in the offer.
The offer includes a complete and accurate description of the products, digital content, 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 shall be a true representation of the products, services, and/or digital content offered. Obvious errors or mistakes in the offer shall not bind the entrepreneur.
Each offer shall contain such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of clause 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur shall confirm the receipt of the acceptance of the offer without delay electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may revoke the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures for this purpose.
Within the legal framework, the entrepreneur may ascertain 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, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to its execution, with reasons.
At the latest upon delivery of the product, service, or digital content to the consumer, the entrepreneur shall provide the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
- the visiting address of the entrepreneur’s establishment where the consumer can address complaints;
- the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information about warranties and existing post-purchase services;
- the price including all taxes of the product, service, or digital content; where applicable, the costs of delivery; and the method of payment, delivery, or execution of the distance contract;
- the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration;
- if the consumer has a right of withdrawal, the model withdrawal form.
In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of Withdrawal

For products:

The consumer may terminate an agreement regarding the purchase of a product within a cooling-off period of at least 14 days without giving any reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot compel the consumer to provide his reason(s).
The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
- if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, receives the last product. The entrepreneur may refuse an order for multiple products with different delivery times, provided that he has clearly informed the consumer of this before the ordering process.
- if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by him, receives the last shipment or part;
- for agreements for regular delivery of products over a specified period: the day on which the consumer, or a third party designated by him, receives the first product.

For services and digital content not supplied on a tangible medium:

The consumer may terminate a service agreement and an agreement for the supply of digital content not supplied on a tangible medium for at least 14 days without giving any reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot compel the consumer to provide his reason(s).
The cooling-off period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling-off period for products, services, and digital content not supplied on a tangible medium if not informed about the right of withdrawal:

If the entrepreneur has not provided the consumer with the legally required information regarding the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the preceding paragraphs of this article.
If the entrepreneur has provided the information referred to in the preceding paragraph to the consumer within twelve months from the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the Consumer during the Cooling-off Period

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 determine the nature, characteristics, and functioning of the product. The principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
The consumer shall only be liable for any depreciation of the product resulting from handling the product beyond what is permitted in paragraph 1.
The consumer shall not be liable for any depreciation of the product if the entrepreneur has not provided him with all the legally required information about the right of withdrawal before or at the time of concluding the agreement.

Article 8 – Exercise of the Consumer’s Right of Withdrawal and Costs thereof

If the consumer exercises his right of withdrawal, he shall notify the entrepreneur of this within the cooling-off period using the model withdrawal form or by any other unequivocal means.
The consumer shall return the product as soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1, or he hands it over to (a representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer shall have observed the return period in any case if he returns the product before the cooling-off period has expired.
The consumer shall return the product with all accessories delivered, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer shall bear the direct costs of returning the product. If the entrepreneur has not notified the consumer that he must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer is not required to bear the costs of return.
If the consumer withdraws after first explicitly requesting that the performance of the service or the supply of gas, water, or electricity not made available for sale in a limited volume or quantity commence during the cooling-off period, the consumer shall owe the entrepreneur an amount proportionate to that part of the commitment that the entrepreneur has fulfilled at the time of withdrawal, compared to the full performance of the commitment.
The consumer shall not bear the costs for the provision of services or the supply of water, gas, or electricity not made available for sale in a limited volume or quantity, or for the supply of district heating, if:
- the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in case of withdrawal, or the model withdrawal form; or
- the consumer has not explicitly requested the commencement of the provision of the service or the supply of gas, water, electricity, or district heating during the cooling-off period.
The consumer shall not bear the costs for the full or partial delivery of digital content not supplied on a tangible medium if:
- he has not explicitly consented to the commencement of the performance of the agreement before the end of the cooling-off period;
- he has not acknowledged losing his right of withdrawal when giving his consent; or
- the entrepreneur has failed to confirm this statement from the consumer.
If the consumer exercises his right of withdrawal, all additional agreements shall be dissolved by operation of law.

Article 9 – Obligations of the Entrepreneur upon Withdrawal

If the entrepreneur enables the consumer to make the withdrawal notification electronically, he shall promptly send a confirmation of receipt upon receiving this notification.
The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay and no later than 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to reimburse until he has received the product or until the consumer demonstrates that he has returned the product, whichever occurs earlier.
The entrepreneur shall use the same means of payment for reimbursement as the consumer used, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not obliged to refund the additional costs for the more expensive method.

Article 10 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly indicated this in the offer, at least in a timely manner before concluding the agreement:

Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no control and which may occur within the withdrawal period;
Agreements concluded during a public auction. A public auction means a sales method whereby products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or given the opportunity to be personally present at the auction, under the supervision of an auctioneer, and where the successful bidder is obligated to purchase the products, digital content, and/or services;
Service contracts, after full performance of the service, but only if:
- the performance has begun with the consumer’s explicit prior consent; and
- the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the contract;
Service contracts for the provision of accommodation, if a specific date or period of performance is provided for in the contract and other than for residential purposes, goods transport, car rental services, and catering;
Agreements relating to leisure activities, if a specific date or period of performance is provided for in the contract;
Custom-made products manufactured according to the consumer’s specifications, which are not prefabricated and are made based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;
Products that perish quickly or have a limited shelf life;
Sealed products that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery;
Products that are irrevocably mixed with other products after delivery due to their nature;
Alcoholic beverages, the price of which was agreed upon at the conclusion of the contract, but the delivery of which can only take place after 30 days, and whose actual value depends on market fluctuations over which the entrepreneur has no control;
Sealed audio, video recordings, and computer software, the seal of which has been broken after delivery;
Newspapers, magazines, or periodicals, with the exception of subscriptions to these;
The delivery of digital content other than on a tangible medium, but only if:
- the performance has begun with the consumer’s explicit prior consent; and
- the consumer has declared that he loses his right of withdrawal with this.

Article 11 – The Price

During the validity period stated in the offer, the prices of the offered products and/or services shall not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence. In such cases, the binding nature of these fluctuations and the fact that any prices mentioned are target prices shall be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- they result from statutory regulations or provisions; or
- the consumer has the right to terminate the agreement as of the day the price increase takes effect.
The prices mentioned in the offer of products or services include VAT

Article 12 – Fulfillment of Agreement and Additional Guarantee

The entrepreneur ensures 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 existing on the date the agreement was concluded. If agreed, the entrepreneur also ensures that the product is suitable for purposes other than normal use.
An additional guarantee provided by the entrepreneur, its supplier, manufacturer, or importer shall never limit the legal rights and claims that the consumer may assert against the entrepreneur based on the agreement if the entrepreneur has failed to fulfill its part of the agreement.
An additional guarantee shall be understood as any commitment by the entrepreneur, its supplier, importer, or manufacturer in which specific rights or claims are granted to the consumer beyond what is legally required in case of the entrepreneur’s failure to fulfill its part of the agreement.

Article 13 – Delivery and Execution

The entrepreneur shall exercise the utmost care when receiving orders for products and when assessing requests for the provision of services.
The address provided by the consumer to the entrepreneur shall be considered as the place of delivery.
Taking into account what is stated in Article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders promptly and no later than within 30 days, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be executed or only partially executed, the consumer shall be notified of this no later than 30 days after placing the order. In such a case, the consumer shall have the right to dissolve the agreement without any costs and shall be entitled to any compensation for damages.
After dissolution in accordance with the preceding paragraph, the entrepreneur shall promptly refund the amount paid by the consumer.
The risk of damage and/or loss of products shall be borne by the entrepreneur until the moment of delivery to the consumer or to a designated representative notified to the entrepreneur in advance, unless expressly agreed otherwise.

Article 14 – Duration Transactions: Duration, Termination, and Renewal

Termination:

The consumer may terminate an agreement entered into for an indefinite period and which provides for the regular delivery of products (including electricity) or services at any time, subject to agreed 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 provides for the regular delivery of products (including electricity) or services at any time at the end of the specified duration, subject to agreed termination rules and a notice period of up to one month.
The consumer may terminate the agreements mentioned in the preceding paragraphs:

- at any time and shall not be limited to termination at a specific time or during a specific period;
- terminate them at least in the same manner as they were entered into;
- always terminate them with the same notice period as the entrepreneur has stipulated for himself.

Renewal:

An agreement entered into for a definite period and which provides for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite duration.
Notwithstanding the preceding paragraph, an agreement entered into for a definite period and which provides for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a definite duration of up to three months if the consumer can terminate this extended agreement at the end of the extension period with a notice period of up to one month.
An agreement entered into for a definite period and which provides for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of up to one month. The notice period shall be a maximum of three months in the event the agreement provides for the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.
An agreement with a duration of limited time for the regular introduction of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly renewed and shall automatically terminate upon expiration of the trial or introductory period.

Duration:

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of up to one month, unless fairness and reasonableness oppose termination before the end of the agreed duration.

Article 15 – Payment

Unless otherwise agreed in the contract or additional terms, the amounts owed by the consumer must be paid within 14 days after the commencement of the cooling-off period, or in the absence of a cooling-off period, within 14 days after the conclusion of the contract. In the case of a service contract, this period starts on the day after the consumer receives confirmation of the contract.
In the sale of products to consumers, the consumer may not be obliged, in general terms and conditions, to make an advance payment of more than 50%. When an advance payment is agreed upon, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the agreed advance payment has been made.
The consumer has the obligation to promptly report any inaccuracies in the provided or stated payment details to the entrepreneur.
If the consumer fails to meet his payment obligations in a timely manner, after the entrepreneur has pointed out the late payment to the consumer and the entrepreneur has given the consumer a period of 14 days to still meet his payment obligations, and payment remains outstanding within this 14-day period, the consumer shall owe statutory interest on the outstanding amount and the entrepreneur shall be entitled to charge the extrajudicial collection costs incurred by him. These collection costs shall not exceed: 15% on outstanding amounts up to €2,500; 10% on the subsequent €2,500; and 5% on the next €5,000, with a minimum of €40. The entrepreneur may deviate from these amounts and percentages to the consumer’s advantage.

Article 16 – Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the contract must be submitted to the entrepreneur in full and clearly described within a reasonable time after the consumer has discovered the defects.
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.
If the complaint cannot be resolved by mutual agreement within a reasonable period of time or within 3 months after the complaint has been submitted, a dispute arises that is subject to dispute resolution.

Article 17 – Disputes

Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.

Article 18 – Additional or Deviating Provisions

Additional or deviating provisions 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 on a durable medium in an accessible manner.