terms and conditions

Article 1 – Definitions In these terms and conditions, the following definitions apply:

Cooling-off Period: The period within which the consumer may exercise their right of withdrawal.
Consumer: A natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
Day: Calendar day.
Continuous Transaction: A distance contract concerning a series of products and/or services, for which the delivery and/or purchase obligation is spread over time.
Durable Medium: Any means that allows the consumer or entrepreneur to store information addressed to them personally in a way that enables future consultation and unaltered reproduction of the stored information.
Right of Withdrawal: The ability of the consumer to cancel the distance contract within the cooling-off period.
Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.
Distance Contract: An agreement whereby, in the context of a system organized by the entrepreneur for remote sales of products and/or services, exclusive use is made of one or more technologies for remote communication until the conclusion of the contract.
Technology for Remote Communication: Means that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously in the same physical space.
General Terms and Conditions: These General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Company Name: Rijs van Mersbergen
Chamber of Commerce (KvK) Number: 83641254
Trade Name:
VAT Number: NL003852214B81
Customer Service Email: team@getauraframes.com
Business Address: Pennyhof 10, 1060SM Amsterdam, the Netherlands

Article 3 – Applicability

These general terms and conditions apply to every offer of the entrepreneur and every distance contract and order between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and will be sent to the consumer free of charge upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions may, by way of derogation from the previous paragraph, be made available to the consumer electronically in such a way that it can be stored by the consumer in an accessible manner on a durable medium. If this is not reasonably possible, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise upon request by the consumer.
In the event that specific product or service terms and conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and in case of conflicting terms, the consumer may always invoke the applicable provision that is most favorable to them.
If any provision in these general terms and conditions is at any time wholly or partially null or void, the agreement and these conditions shall otherwise remain in force, and the relevant provision will be replaced by a provision that approximates the intent of the original as closely as possible in mutual consultation.
Situations not provided for in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they will be a true representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or dissolution of the agreement.
Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors correspond exactly to the real colors of the products.
Every offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This concerns in particular:
- The price, excluding clearance fees and import VAT. These additional costs will be borne by and are the responsibility of the customer. The postal and/or courier service will use the special arrangement for postal and courier services regarding imports in the destination EU country. This scheme applies in the current case. The postal or courier service collects VAT (whether or not together with the charged clearance fees) from the recipient of the goods.
- Any costs of delivery.
- The method of concluding the agreement and the actions required for this.
- Whether or not the right of withdrawal applies.
- The method of payment, delivery, and execution of the agreement.
- The period for accepting the offer, or the period within which the entrepreneur guarantees the price.
- The height of the tariff for remote communication if the costs of using the remote communication technology are calculated on a basis other than the regular base tariff for the used communication method.
- Whether the agreement will be archived after its conclusion, and if so, in what way it can be consulted by the consumer.
- The way in which the consumer can check and, if necessary, correct the information provided by them before concluding the agreement.
- Any other languages in which the agreement can be concluded in addition to Dutch.
- The codes of conduct to which the entrepreneur has subjected themselves and the way in which the consumer can consult these codes electronically.
- The minimum duration of the distance contract in the case of a continuous transaction.
- Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the associated conditions.
If the consumer has accepted the offer electronically, the entrepreneur will 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 can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all those facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse a request or order with reasons or to attach special conditions to the execution.
The entrepreneur will provide the consumer with the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium, along with the product or service:
- The visiting address of the entrepreneur’s establishment where the consumer can address complaints.
- The conditions and method by which the consumer can exercise their right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
- Information about guarantees and existing service after purchase.
- The data included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided these data to 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 or is indefinite.
In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is entered into under the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without stating reasons within 14 days. This reflection period starts on the day after receiving the product by the consumer or a representative previously designated by the consumer and notified to the entrepreneur.
During the reflection period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories and—if reasonably possible—in the original state and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days after receiving the product. The consumer must notify the entrepreneur in writing or via email. After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods have been returned in a timely manner, for example, by providing proof of shipment.
If the consumer has not expressed their intention to exercise the right of withdrawal within the periods specified in paragraphs 2 and 3 or has not returned the product to the entrepreneur, the purchase is final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the cost of returning the products will be borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition is that the product has been returned or conclusive proof of complete return is provided.

Article 8 – Exclusion of the Right of Withdrawal The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur clearly stated this in the offer or at least in a timely manner before concluding the agreement. Exclusion of the right of withdrawal is only possible for products:

That have been created by the entrepreneur according to the consumer’s specifications;
That are clearly personal in nature;
That by their nature cannot be returned;
That spoil or age quickly;
Whose price is dependent on fluctuations in the financial market over which the entrepreneur has no influence;
For single issues of newspapers and magazines;
For audio and video recordings and computer software of which the consumer has broken the seal;
For hygienic products of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

Concerning accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
Where delivery has started with the express consent of the consumer before the cooling-off period has expired;
Concerning bets and lotteries.

Article 9 – The Price

During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
In deviation from 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 dependence on fluctuations and the fact that any listed prices are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed 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 on which the price increase takes effect.
The place of delivery, according to Article 5, paragraph 1, of the Dutch VAT Act of 1968, is the country where the transport begins. In this case, this delivery takes place outside the EU. Consequently, import VAT and clearance fees will be collected from the customer by the postal or courier service. Therefore, no VAT will be charged by the entrepreneur.
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 incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations in effect 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.
A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer may assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days of delivery. Products must be returned in their original packaging and in new condition.
The entrepreneur’s guarantee period corresponds to the manufacturer’s guarantee 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.
The guarantee does not apply if:
- The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
- The delivered products are exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur’s instructions and/or the packaging;
- The defectiveness is wholly or partially the result of government regulations regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will exercise the utmost care when receiving and executing orders for products.
The place of delivery is the address that the consumer has provided to the company.
Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with expedient diligence but no later than 30 days unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or only partially executed, the consumer will be informed of this no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement without any costs and may be entitled to compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest, upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur unless expressly agreed otherwise.

Article 12 – Continuous Transactions: Duration, Termination, and Renewal Termination

The consumer may terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement entered into for a fixed period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the preceding paragraphs:
- At any time and not be limited to termination at a specific time or in a specific period;
- At least in the same manner as they were entered into by the consumer;
- Always with the same notice period as the entrepreneur has stipulated for itself.

Renewal 4. An agreement entered into for a fixed period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed term. 5. In deviation from the previous paragraph, an agreement entered into for a fixed period and that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed term of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month. 6. An agreement entered into for a fixed period and that extends to 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 no more than one month and a notice period of no more than three months if the agreement extends to the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines. 7. A limited-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and ends automatically at the end of the trial or introductory period.

Duration 8. 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 no more than one month unless reasonableness and fairness dictate otherwise.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received the confirmation of the agreement.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure

Complaints about the implementation of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the 14-day period with an acknowledgment of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur has indicated otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will replace or repair the delivered products at its discretion free of charge.

Article 15 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.

Article 16 – CESOP Due to the measures introduced and tightened in 2024 regarding the ‘Amendment of the Dutch VAT Act of 1968 (Implementation Act Payment Services Directive)’ and thereby the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.

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