Terms of service
General Terms and Conditions
Article 1 - Definitions
In these terms and conditions the following terms shall have the following meanings:
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Reflection period : the period within which the consumer can make use of his right of withdrawal;
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Consumer : the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with llullu;
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Day : calendar day;
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Duration transaction : a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
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Durable medium : any instrument which enables the consumer or llullu to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information.
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Right of withdrawal : the possibility for the consumer to cancel the distance contract within the cooling-off period;
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Llullu : the natural or legal person who offers products and/or services remotely to consumers;
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Distance contract : an agreement whereby, within the framework of a system organised by llullu for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
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Distance communication technology : means that can be used to conclude an agreement without the consumer and llullu being in the same place at the same time.
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General Terms and Conditions : these General Terms and Conditions of llullu.
Article 2 - Identity
llullu
Edisonstraat 125, 3013, 2723 RT Zoetermeer, Netherlands
E-mailadres: customer@llullu.nl
KvK-nummer: 97195758
Article 3 - Applicability
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These general terms and conditions apply to every offer from llullu and to every distance contract and orders concluded between llullu and the consumer.
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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 viewed at llullu and that they will be sent to the consumer free of charge as soon as possible at the consumer's request.
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If the distance contract is concluded electronically, notwithstanding 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 them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer's request.
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In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting general terms and conditions.
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If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will otherwise remain in force and the provision in question will be replaced without delay by mutual agreement by a provision that approximates the purport of the original as closely as possible.
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Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
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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
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If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
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The offer is without obligation. llullu is entitled to change and adapt the offer.
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The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If llullu uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind llullu .
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All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
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Images of products are a true representation of the products offered. llullu cannot guarantee that the displayed colours correspond exactly to the real colours of the products.
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Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
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the price including taxes;
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any shipping costs;
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the manner in which the agreement will be concluded and the actions required for this;
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whether or not the right of withdrawal applies;
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the method of payment, delivery and execution of the agreement;
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the period for accepting the offer, or the period within which llullu guarantees the price;
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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 regular basic rate for the means of communication used;
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whether the agreement is archived after it has been concluded and, if so, how the consumer can consult it;
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the manner in which the consumer, before concluding the agreement, can check and, if necessary, correct the data provided by him in the context of the agreement;
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any other languages in which, in addition to Dutch, the agreement may be concluded;
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the codes of conduct to which llullu has submitted and the manner in which the consumer can consult these codes of conduct electronically; and
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the minimum duration of the distance contract in the event of a continuous transaction.
Article 5 - The agreement
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Subject to the provisions of paragraph 4, the agreement is concluded at the time the consumer accepts the offer and meets the conditions set therein.
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If the consumer has accepted the offer electronically, llullu will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by llullu, the consumer can dissolve the agreement.
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If the agreement is concluded electronically, llullu will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, llullu will take appropriate security measures.
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llullu may - within legal frameworks - inform himself 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 llullu, based on this investigation, has good reasons not to enter into the contract, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
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llullu will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
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The visiting address of llullu's establishment where the consumer can go with complaints;
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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;
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The information about guarantees and existing after-sales service;
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The information included in Article 4 paragraph 3 of these terms and conditions, unless llullu has already provided this information to the consumer prior to the execution of the agreement;
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The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
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In the case of a continuing transaction, the provision in the previous paragraph only applies to the first delivery.
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Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
Upon delivery of products:
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When purchasing products, the consumer 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 consumer or a representative designated in advance by the consumer and made known to llullu.
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2.1 During the cooling-off period, the consumer will handle the product and packaging with care. He 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 llullu, in accordance with the reasonable and clear instructions provided by llullu.
2.2 Worn and/or unpackaged jewelry cannot be returned due to hygiene. Earrings cannot be returned due to hygiene. Clothing items that have been worn or washed cannot be returned.
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If the consumer wishes to exercise his right of withdrawal, he is obliged to notify llullu of this within 14 days after receipt of the product. The consumer must make this known using the model form. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.
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If the customer has not indicated that he wishes to exercise his right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3 or has not returned the product to llullu, the purchase is a fact.
When providing services:
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When providing services, the consumer has the option to terminate the agreement without giving any reason for at least 14 days, starting on the day the agreement is concluded.
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In order to exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by llullu with the offer and/or at the latest upon delivery.
Article 7 - Costs in case of revocation
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If the consumer exercises his right of withdrawal, at most the costs of return will be at his expense. Costs of return are at the expense of the consumer
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If the consumer has paid an amount, llullu will refund this amount as soon as possible, but no later than 14 days after cancellation. The condition here is that the product has already been received back by the web shop or conclusive proof of complete return can be provided.
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In the event of damage to the product due to careless handling by the consumer, the consumer is liable for any decrease in value of the product.
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The consumer cannot be held liable for any diminished value of the product if llullu has not provided all legally required information about the right of withdrawal, which must be done before concluding the purchase agreement.
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llullu may exclude the following products from the right of withdrawal, but only if llullu has clearly stated this in the offer, at least in good time before the agreement is concluded:
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Products whose price is subject to fluctuations in the financial market over which llullu has no influence and which may occur within the withdrawal period
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Products manufactured to consumer specifications which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer or which are clearly intended for a specific person;
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Sealed products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
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Products which, after delivery, are by their nature irreversibly mixed with other products;
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The supply of digital content other than on a tangible medium, but only if:
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the performance has begun with the consumer's express prior consent;
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the consumer has declared that he thereby loses his right of withdrawal.
Article 8 - The price
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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.
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By way of exception to the previous paragraph, llullu may offer products or services whose prices are subject to fluctuations in the financial market and over which llullu has no influence, with variable prices. This subjection to fluctuations and the fact that any prices stated are target prices are stated in the offer.
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Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
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Price increases from 3 months after the conclusion of the agreement are only permitted if llullu has stipulated this and:
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these are the result of statutory regulations or provisions; or
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the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
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The prices stated in the offer of products or services include VAT.
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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, llullu is not obliged to deliver the product at the incorrect price
Article 9 - Conformity and warranty
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llullu 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, llullu also guarantees that the product is suitable for other than normal use.
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A guarantee provided by llullu, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against llullu under the agreement.
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Any defects or incorrectly delivered products must be reported to llullu in writing within 2 months after delivery. Return of the products must be in the original packaging and in new condition.
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llullu's warranty period corresponds to the manufacturer's warranty period. However, llullu 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.
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The warranty does not apply if:
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The fault lies with the postal supplier.
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the consumer has repaired and/or modified the delivered products himself and/or has had them repaired and/or modified by third parties;
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the delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or in conflict with the instructions of llullu and/or on the packaging;
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the defectiveness is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.
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you have made changes to the article; there are defects that have arisen due to incorrect or improper use, such as failure to observe the accompanying instructions for use; the defect has arisen due to intent or gross negligence; llullu has not been given the opportunity (in a timely manner) to investigate the complaint and possibly repair the defect.
Article 10 - Delivery and execution
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llullu will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
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The place of delivery is the address that the consumer has made known to llullu.
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Taking into account what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at the latest within 10 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will receive notification of this at the latest 5 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
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In the event of dissolution in accordance with the previous paragraph, llullu will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
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If delivery of an ordered product proves impossible, llullu will make an effort to provide a replacement article. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement article is being delivered. The right of withdrawal cannot be excluded for replacement articles. The costs of any return shipment are for the account of llullu.
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The risk of damage and/or loss of products rests with llullu until the moment of delivery to the consumer or a previously designated representative made known to llullu, unless expressly agreed otherwise.
Article 11 - Duration transactions: duration, termination and extension
To cancel:
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The consumer may terminate an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products at any time, taking into account the agreed termination rules and a notice period of no more than one month.
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The consumer may terminate an agreement entered into for a definite period and which extends to the regular delivery of products at any time towards the end of the fixed term, taking into account the agreed termination rules and a notice period of no more than one month.
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The consumer may terminate the agreements referred to in the previous paragraphs:
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cancel at any time and not be limited to cancellation at a specific time or during a specific period;
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at least cancel in the same manner as they were entered into by him;
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always cancel with the same notice period as llullu has stipulated for itself.
Extend:
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An agreement entered into for a fixed period and aimed at the regular delivery of products may not be tacitly extended or renewed for a fixed period
Article 12 - Payment
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Unless otherwise agreed, amounts owed by the consumer must be paid within 1 day 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 commences after the consumer has received confirmation of the agreement.
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When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. If an advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
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The consumer has the duty to report any inaccuracies in payment details provided or stated to llullu without delay.
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In the event of non-payment by the consumer, llullu has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 13 - Logos, figurative marks :
1. Any use of these brands or logos of llullu, without prior written permission from the brand owner, constitutes a trademark infringement for which the infringer is liable and which, in some cases, may be punishable by criminal law.
Article 14 - Complaints procedure
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llullu has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure. We recommend that you first make complaints known to us by sending an email to customer@llullu.nl
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Complaints about the performance of the agreement must be submitted to llullu fully and clearly described within a reasonable time after the consumer has discovered the defects .
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Complaints submitted to llullu will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, llullu will respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
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As of 15 February 2016, consumers in the EU can also file complaints via the European Commission's ODR platform. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not yet being processed elsewhere, you are free to file your complaint via the European Union platform
Article 15 - Disputes
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Agreements between llullu and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer resides abroad.
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The Vienna Sales Convention does not apply.
Article 16 -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 in an accessible manner on a durable data carrier.