Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Cooling-off period: the period during which the consumer can exercise their right of withdrawal;

  • Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

  • Day: calendar day;

  • Duration transaction: a distance contract concerning a series of products and/or services, where the delivery and/or purchase obligation is spread over time;

  • Durable data carrier: any means that enables the consumer or entrepreneur to store information personally addressed to them in a way that allows future consultation and unchanged reproduction of the stored information;

  • Right of withdrawal: the possibility for the consumer to withdraw from 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: a contract concluded within the framework of a system organized by the entrepreneur for selling products and/or services at a distance, whereby up to and including the conclusion of the contract, one or more techniques for distance communication are used exclusively;

  • Technique for distance communication: means that can be used for concluding a contract without the consumer and entrepreneur being simultaneously present in the same location;

  • Terms and Conditions: these current Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

  • Business name: Eira-Dublin

  • Business address: Koningin Julianaplein 25, 2265CZ Leidschendam

  • Email: info@eira-dublin.com

  • Chamber of Commerce number: 95773894

  • VAT identification number: NL867290365B01

Article 3 – Applicability

These terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be stated before the contract is concluded that the terms and conditions can be inspected at the entrepreneur’s premises and will be sent free of charge to the consumer upon request as soon as possible.
If the distance contract is concluded electronically, the text of these terms and conditions can be made available electronically to the consumer in a way that allows easy storage on a durable data carrier.
If this is not reasonably possible, the location where the terms and conditions can be accessed electronically will be indicated, and they will be sent free of charge upon the consumer’s request either electronically or otherwise.
If, besides these terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly. In case of conflicting general terms and conditions, the consumer can always rely on the provision most favorable to them.
If one or more provisions of these terms and conditions are at any time wholly or partially null or void, the contract and these terms and conditions remain in effect. The relevant provision will be replaced by a provision that approximates the intent of the original as closely as possible.
Situations not covered by these terms and conditions will be assessed according to the spirit of these terms and conditions.
Ambiguities in the interpretation or content of one or more provisions of our terms and conditions should be interpreted according to their spirit.

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 reserves the right to modify and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to assess the offer properly. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Apparent mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or contract dissolution.
Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are connected to accepting the offer. This specifically concerns:

  • The price, excluding customs clearance costs and import VAT, which will be at the customer’s expense and risk. The postal and/or courier service will use the special scheme for posts and courier services regarding import. This scheme applies if goods are imported into the EU country of destination, which is also the case here. The postal or courier service collects the VAT (possibly together with customs clearance costs) from the recipient;

  • Any shipping costs;

  • How the contract will be formed and what actions are required for this;

  • Whether the right of withdrawal applies;

  • The method of payment, delivery, and execution of the contract;

  • The deadline for accepting the offer or the period during which the entrepreneur guarantees the price;

  • The rate for distance communication if the costs are charged on a different basis than the regular basic rate for the used communication method;

  • Whether the contract is archived after conclusion and, if so, how the consumer can access it;

  • How the consumer can check and, if desired, correct the data provided before concluding the contract;

  • Any other languages in which the contract can be concluded besides Dutch;

  • The codes of conduct to which the entrepreneur has committed and how the consumer can consult these electronically;

  • The minimum duration of the distance contract in case of a duration transaction.
    Optional: available sizes, colors, and types of materials.

Article 5 – The contract

The contract is concluded, subject to Article 4(4), at the moment the consumer accepts the offer and complies with the conditions attached.
If the consumer accepts the offer electronically, the entrepreneur will confirm receipt electronically immediately. Until this receipt is confirmed, the consumer can dissolve the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
Within legal frameworks, the entrepreneur can check whether the consumer can fulfill their payment obligations and any other relevant facts for responsibly entering into the contract. If the entrepreneur has good grounds not to conclude the contract based on this check, they are entitled to refuse an order or request or attach special conditions to the execution.
The entrepreneur will provide the consumer, either in writing or in such a way that the consumer can store it on a durable data carrier, the following information with the product or service:

  1. The business address where complaints can be lodged;

  2. The conditions and method by which the consumer can exercise the right of withdrawal or a clear statement if the right is excluded;

  3. Information about warranties and after-sales service;

  4. The data included in Article 4(3), unless these have already been provided before execution of the contract;

  5. The requirements for terminating the contract if it lasts more than one year or is indefinite.
    In the case of a duration transaction, the previous paragraph only applies to the first delivery.
    Every contract is concluded subject to the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the option to dissolve the contract without giving reasons within 14 days. This cooling-off period starts the day after the consumer or a previously designated and known representative receives the product.
During the cooling-off period, the consumer will handle the product and packaging with care. The product should only be unpacked or used to the extent necessary to determine whether they wish to keep it.
If the consumer exercises the right of withdrawal, they will return the product with all delivered accessories, if reasonably possible, in the original state and packaging, following reasonable and clear instructions from the entrepreneur.
To exercise the right of withdrawal, the consumer must inform the entrepreneur within 14 days after receiving the product via written message or email. After notification, the consumer must return the product within 14 days and provide proof of timely return, such as a shipping receipt.
If the consumer does not notify the withdrawal or does not return the product within the periods mentioned, the purchase is final.

Article 7 – Costs in case of withdrawal

If the consumer exercises the right of withdrawal, the costs of returning the products are at the consumer's expense.
If the consumer has paid an amount, the entrepreneur will refund this as soon as possible, but no later than 14 days after withdrawal, provided the product has been received back or 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 described in paragraphs 2 and 3. This exclusion applies only if clearly stated in the offer or timely before concluding the contract.
Exclusion is only possible for products:

  1. Made according to consumer specifications;

  2. Clearly personal in nature;

  3. That cannot be returned due to their nature;

  4. That spoil or age quickly;

  5. Whose price is subject to financial market fluctuations beyond the entrepreneur’s control;

  6. Loose newspapers and magazines;

  7. Audio, video recordings, and software where the consumer has broken the seal;

  8. Hygienic products where the seal has been broken.
    Exclusion of the right of withdrawal is only possible for services:

  9. Regarding accommodation, transport, catering, or leisure activities at a specific date or period;

  10. Where delivery has started with the consumer’s express consent before the cooling-off period ended;

  11. Concerning bets and lotteries.

Article 9 – Prices
During the validity period specified in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changed VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with prices subject to fluctuations in the financial market beyond the entrepreneur’s control, with variable prices. This connection to fluctuations and the fact that all prices stated are indicative prices shall be indicated in the offer.
Price increases within 3 months from the conclusion of the contract are only permitted if mandated by statutory regulations.
Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has determined this and:

  • They comply with statutory regulations, or

  • The consumer has the right to terminate the contract from the day the price increase takes effect.
    According to section 5.1 of the 1968 Turnover Tax Act, the place of delivery is the country where transport begins. In this case, delivery takes place outside the EU. Subsequently, the postal or courier company will charge import VAT or customs fees from the customer. Therefore, no VAT will be charged by the entrepreneur.
    All prices are subject to printing and typesetting errors. No liability is accepted for consequences of printing and typesetting errors. In case of such 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 contract, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and applicable laws and/or government regulations at the time of contract conclusion. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer can assert against the entrepreneur based on the contract.
Any defective or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. Products must be returned in the original packaging and in new condition.
The entrepreneur’s warranty period corresponds to the manufacturer’s warranty 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 warranty does not apply if:

  • The consumer has repaired and/or modified the delivered products themselves or had a third party do so;

  • The delivered products have been subjected to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur’s instructions and/or treatment of the packaging;

  • The defect is wholly or partly a result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution
The entrepreneur will exercise the greatest possible care when receiving and executing orders for products.
The delivery location is the address provided by the consumer.
Subject to Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with appropriate speed but no later than 30 days unless the consumer has agreed to a longer delivery period. If delivery is delayed or an order cannot be executed or only partially executed, the consumer will be informed no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract without costs and the right to any compensation.
In case of dissolution as described above, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. At the latest upon delivery, it will be clearly and understandably stated that a replacement item is delivered. The right of withdrawal may not be excluded for replacement items. Return shipping costs shall be 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 representative previously designated and made known to the entrepreneur, unless otherwise expressly agreed.

Article 12 – Duration Transactions: Duration, Termination, and Renewal
Termination
The consumer may at any time terminate an open-ended agreement entered into for the regular delivery of products (including electricity) or services, subject to agreed termination rules and a termination period not exceeding one month.
The consumer may terminate a fixed-term agreement entered into for regular delivery of products (including electricity) or services at any time towards the end of the fixed term, subject to agreed termination rules and a termination period not exceeding one month.
The consumer may modify the agreements mentioned above so that they:

  • End at any time and are not limited to ending at a certain time or period;

  • At least terminate them in the same manner as they were initiated by the consumer;

  • Always with the same termination period the entrepreneur has established for themselves.

Renewal
An agreement entered into for a fixed term for regular delivery of goods (including electricity) or services may not be tacitly extended or renewed for a fixed term.
Notwithstanding the previous paragraph, a fixed-term agreement entered into for regular delivery of daily or weekly newspapers and magazines may be tacitly extended for a fixed period not exceeding three months if the consumer can terminate the extended agreement towards the end of the extension with a termination period not exceeding one month.
A fixed-term agreement entered into for regular delivery of goods or services may only be renewed by tacit consent for an indefinite period if the consumer can terminate the agreement at any time with a termination period not exceeding one month, and a termination period not exceeding three months if the agreement concerns regular delivery of daily or weekly newspapers and magazines, but less than once per month.
A fixed-term agreement for regular delivery of daily or weekly newspapers and magazines via introduction (trial or introductory subscription) is not tacitly extended and automatically terminates at the end of the trial or introductory period.

Duration
If an agreement has a term exceeding one year, the consumer may terminate the agreement at any time after one year with a termination period not exceeding one month, unless fairness and reasonableness oppose termination before the agreed term expires.

Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer shall be paid within 7 working days after the cooling-off period referred to in Article 6.1 has started. For contracts for providing a service, this period starts after the consumer has received the confirmation of the contract.
The consumer must immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
If the consumer fails to pay, subject to legal restrictions, the entrepreneur has the right to charge reasonable costs known to the consumer in advance.

Article 14 – Complaints Procedure
Complaints about the execution of the contract must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has identified the deficiencies.
Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that may be subject to dispute resolution.
A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur states otherwise in writing.
If the entrepreneur considers the complaint valid, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.

Article 16 – CESOP
Due to measures introduced and tightened from 2024 onwards regarding the "Amendment to the Turnover Tax Act 1968 (Payments Service Providers Directive Implementation Act)" and the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may record information in the European CESOP system.