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Terms

General Terms and Conditions

Index

  1. Definitions
  2. Identity of the Trader
  3. Applicability
  4. The Offer
  5. The Contract
  6. Right of Withdrawal
  7. Customers’ Obligations in Case of Withdrawal
  8. Exercising the Right of Withdrawal and Associated Costs
  9. Trader’s Obligations in Case of Withdrawal
  10. Exclusions from the Right of Withdrawal
  11. Pricing
  12. Contract Fulfillment and Guarantees
  13. Delivery and Implementation
  14. Extended Duration Contracts: Termination and Renewal
  15. Payment
  16. Complaints Procedure
  17. Disputes
  18. Additional or Deviating Stipulations

Article 1 – Definitions

Terms used in this document are defined as follows:

  1. Supplementary Agreement: An agreement where additional products, digital content, or services are provided in connection with a primary agreement.
  2. Withdrawal Period: The period within which the consumer can exercise the right of withdrawal.
  3. Consumer: A natural person not acting for professional or business purposes.
  4. Day: A calendar day.
  5. Digital Content: Data produced and delivered digitally.
  6. Extended Duration Contract: A contract for ongoing deliveries or services over a specified period.
  7. Durable Medium: A format (e.g., email) that enables information to be stored and retrieved unaltered for future use.
  8. Right of Withdrawal: The consumer’s right to cancel a contract within the withdrawal period.
  9. Trader: The party offering goods, services, or digital content to consumers.
  10. Distance Contract: A contract concluded remotely via techniques for distance communication.
  11. Model Form for Withdrawal: A standardized form for consumers to use when invoking their right of withdrawal.
  12. Techniques for Distance Communication: Tools (e.g., websites, phone) enabling contract conclusion without physical presence.

Article 2 – Identity of the Trader

Company: The Polar Company B.V.
Brand name: Polarwise

  • Registered Address: Vijzelgracht 2a, 1017 HR Amsterdam, Netherlands
  • Office Address: Vijzelgracht 2a, 1017 HR Amsterdam, Netherlands
  • Phone: +31 85 808 8243 (Mon–Fri, 9:00–17:00)
  • Email: hallo@thepolarcompany.com
  • Chamber of Commerce: 77389085
  • VAT Number: NL860992548B01

Article 3 – Applicability

  1. These terms apply to all offers, agreements, and contracts between Polarwise and its customers.
  2. Consumers will have access to these terms before a contract is concluded. If unavailable, Polarwise will send the terms upon request at no charge.
  3. For electronic contracts, these terms will be provided in a format suitable for storage and retrieval.
  4. Additional or product-specific terms apply only when not conflicting with these general terms.

Article 4 – The Offer

  1. Offers with specific conditions or limited validity will clearly state these details.
  2. Descriptions of products, services, or digital content will be accurate and detailed.
  3. All offers include information on rights and obligations related to acceptance.

Article 5 – The Contract

  1. A contract is concluded when a consumer accepts the offer and meets its conditions.
  2. Electronic acceptances are confirmed immediately by Polarwise. Consumers may cancel until confirmation is received.
  3. Polarwise secures all electronic transactions and ensures a safe online environment.
  4. If needed, Polarwise may verify a consumer’s payment ability. Based on findings, the company can refuse or set conditions for contracts.
  5. Upon conclusion, Polarwise provides written or electronic confirmation of essential contract details.

Article 6 – Right of Withdrawal

  1. Consumers may cancel a contract without reason within 14 days.
  2. The withdrawal period begins:
    • For products: On delivery.
    • For services: The day after contract conclusion.
  3. If required information about withdrawal rights was omitted, the withdrawal period extends by 12 months.

Article 7 – Consumer Obligations During Withdrawal

  1. Consumers must handle products with care during the withdrawal period, inspecting them only as allowed in-store.
  2. Consumers are liable for devaluation due to improper use.

Article 8 – Exercising the Right of Withdrawal

  1. Consumers must notify Polarwise within the withdrawal period using the model form or another clear method.
  2. Products must be returned within 14 days of notification.
  3. Return costs are borne by the consumer unless otherwise specified.

Article 9 – Trader Obligations in Case of Withdrawal

  1. Polarwise confirms receipt of withdrawal requests immediately.
  2. Refunds, including delivery fees, are processed within 14 days of notification, provided the returned product is received or proof of return is given.

Article 10 – Exclusions from Withdrawal Rights

Withdrawal rights do not apply to:

  • Custom-made products.
  • Sealed items unfit for return for health or hygiene reasons once unsealed.
  • Digital content delivered after prior consumer consent.

Article 11 – Pricing

  1. Prices are inclusive of VAT.
  2. Prices will not change during an offer’s validity, except for VAT adjustments.

Article 12 – Fulfillment and Guarantees

  1. Polarwise ensures products meet contractual specifications and applicable laws.
  2. Additional guarantees offered by Polarwise do not limit statutory consumer rights.

Article 13 – Delivery

  1. Orders are processed with care and delivered within 30 days unless otherwise agreed.
  2. Consumers may cancel contracts if delivery is delayed beyond 30 days.

Article 14 – Extended Contracts

  1. Consumers may terminate open-ended or fixed-term contracts with notice of up to one month.
  2. Fixed-term contracts cannot be automatically renewed for long durations without explicit consent.

Article 15 – Payment

  1. Payments are due within 14 days of the withdrawal period or contract conclusion.
  2. Advance payments cannot exceed 50% of the total amount.

Article 16 – Complaints

  1. Complaints must be submitted promptly and clearly described.
  2. Polarwise responds within 14 days and resolves complaints within 4 weeks.

Article 17 – Disputes

Contracts are governed by Dutch law.

Article 18 – Additional Provisions

Any additional terms must not disadvantage consumers and will be accessible for storage and review.

 

Appendix I: Model form for right of withdrawal

 

Model form for right of withdrawal

 

(this form should only be completed and returned if you want to withdraw from the contract)

 

-           To:       [trader’s name]

[trader’s geographic address]

[trader’s fax number, if available]

[trader’s e-mail address or electronic address]

 

-           I/we* herewith inform you that, in respect of our contract regarding

The sale of the following products: [description of the product}*

The delivery of the following digital content: [description of the digital content]*

The supply of the following service: [description of the service]*

 

I/we* exercise our right of withdrawal.

 

 

-           Ordered on*/received on* [date of ordering services or receiving goods]

-           [Consumer(s)’ name]

-           [Consumer(s)’ address]

-           [Consumer(s)’ signature] (only if this form is submitted on paper)

-           [Date]

 

 

*Delete or provide supplementary information, as applicable.