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;

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

Durable medium: Any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future reference and unaltered reproduction;

Right of withdrawal: The option for the consumer to withdraw from the distance contract within the cooling-off period;

Entrepreneur: The natural or legal person offering products and/or services to consumers remotely;

Distance contract: A contract concluded between the entrepreneur and consumer within an organized system for distance selling of products and/or services, utilizing one or more remote communication techniques up to the point of contract conclusion;

Means of remote communication: A tool used to conclude a contract without the simultaneous presence of consumer and entrepreneur at the same location;

General terms and conditions: These general terms and conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur
Company Name: Upon Request
Email Address: Support@north-muse.com
Trade Register Number: Upon Request
VAT Identification Number: Upon Request

Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before a 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 conclusion of the distance contract where the general terms and conditions can be inspected, and that they 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 general terms and conditions can be made available to the consumer electronically in a way that allows them to store it easily on a durable medium. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge upon the consumer's request.

In cases where specific product or service conditions apply alongside these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and the consumer can always invoke the most favorable provision in case of conflicting conditions.

Should one or more provisions of these general terms and conditions be invalid or nullified at any time, the remaining provisions will remain in effect, and the invalid provision will be replaced by a mutually agreed-upon provision that aligns as closely as possible with the original intent.

Situations not regulated in these general terms and conditions should be interpreted "in the spirit" of these terms.

Uncertainties about the interpretation or content of one or more provisions of these terms should be explained "in the spirit" of these terms.

Article 4 – The Offer
If an offer is valid for a limited period or subject to 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 make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding for the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or contract dissolution.

Images of products are a true representation of the products offered. However, the entrepreneur cannot guarantee that the displayed colors exactly match the real product colors.

Every offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This includes, but is not limited to:

  • The price, excluding customs duties and import VAT. These additional costs are the responsibility and risk of the customer. The postal and/or courier service will apply specific regulations for postal and courier services upon import into the EU. The postal and/or courier service will collect VAT (possibly along with invoiced customs duties) from the recipient;
  • Any shipping costs;
  • The manner in which the contract is concluded and the actions required for this;
  • Whether the right of withdrawal applies or not;
  • The method of payment, delivery, and performance of the contract;
  • The deadline for accepting the offer or the period within which the entrepreneur guarantees the price;
  • The tariff for remote communication if the costs for using the means of remote communication are calculated on a basis other than the basic rate for the used communication medium;
  • Whether the contract will be archived after its conclusion and, if so, in what way it will be accessible to the consumer;
  • The manner in which the consumer can check and, if necessary, correct the information provided in connection with the contract before its conclusion;
  • The possible languages in which the contract can be concluded in addition to German;
  • The codes of conduct to which the entrepreneur is subject and the way the consumer can consult these codes electronically;
  • The minimum duration of the distance contract in the case of a long-term transaction.

Article 5 – The Contract
The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the associated conditions.

If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance electronically. Until the receipt of this acceptance is confirmed by the entrepreneur, the consumer may dissolve the contract.

If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to ensure the secure transmission of data and provide a secure web environment. If the consumer can make electronic payments, the entrepreneur shall implement appropriate security measures.

The entrepreneur may—within the legal framework—obtain information about the consumer's ability to meet their payment obligations as well as all facts and factors relevant to a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has valid reasons not to enter into the contract, they are entitled to refuse an order or request or to attach special conditions to its execution.

The entrepreneur shall provide the consumer with the following information in writing or in a manner that allows the consumer to store it on a durable medium along with the product or service:

  • The visiting address of the entrepreneur's establishment where the consumer can submit complaints;
  • The conditions and methods for exercising the right of withdrawal, or a clear statement of the exclusion of the right of withdrawal;
  • Information about warranties and existing post-purchase services;
  • The data included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided these to the consumer before the execution of the contract;
  • The conditions for terminating the contract, if the contract has a duration of more than one year or is of indefinite duration.

In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.

Every contract is concluded 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 contract without providing a reason within 30 days. This reflection period starts the day after the consumer or a representative designated by the consumer and communicated to the entrepreneur receives the product.

During the reflection period, the consumer shall handle the product and packaging carefully. The product may only be unpacked or used to the extent necessary to determine whether the consumer wishes to keep it. If the consumer exercises their right of withdrawal, they shall return the product with all accessories supplied and—if reasonably possible—in its original condition and packaging, 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 30 days after receiving the product. This notification must be made in writing or via email. After the consumer has communicated their intention to exercise the right of withdrawal, the product must be returned within 30 days. The consumer must prove that the delivered product has been returned in time, for example by providing proof of shipment.

If the consumer has not communicated their intention to exercise the right of withdrawal or has not returned the product within the periods mentioned in paragraphs 2 and 3, the purchase is binding.

Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, they shall bear the costs of returning the products.

If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the withdrawal. However, this is subject to the condition that the product has been received or conclusive proof of its return has been provided.

Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, at least before the conclusion of the contract.

The right of withdrawal may be excluded for products:

  • That have been manufactured according to the consumer's specifications;
  • That are clearly personal in nature;
  • That cannot be returned due to their nature;
  • That perish or age quickly;
  • Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  • That are single issues of newspapers or magazines;
  • That are audio or video recordings or computer software where the consumer has broken the seal;
  • That are hygiene products where the consumer has broken the seal.

The right of withdrawal may be excluded for services:

  • Relating to accommodation, transportation, catering, or leisure activities to be provided on a specific date or during a specified period;
  • That have commenced with the consumer's explicit consent before the end of the reflection period;
  • Relating to betting and lotteries.

Article 9 – The Price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

Notwithstanding 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 control at variable prices. This dependency on fluctuations and the fact that the prices provided, if applicable, are indicative, will be stated in the offer.

Price increases within 3 months after the conclusion of the contract are only allowed if they are based on legal regulations or provisions.

Price increases after 3 months from the conclusion of the contract are only allowed if the entrepreneur has agreed to this and:

  • they are based on legal regulations or provisions; or
  • the consumer has the right to cancel the contract at the time when the price increase becomes effective.

The place of delivery is determined according to Article 5, paragraph 1 of the Value Added Tax Act of 1968 and is located in the country where the transport begins. In this case, the delivery will occur outside the EU. As a result, the postal or courier service will charge the recipient import VAT or customs duties. The entrepreneur will not charge VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing or typographical errors. In case of printing or typographical errors, the entrepreneur is not obligated 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 for reliability and/or usability, and the applicable legal provisions and/or official regulations at the time of contract conclusion. If agreed, the entrepreneur also guarantees that the product is suitable for a use other than its normal purpose.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims the consumer may assert against the entrepreneur based on the contract.

Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 30 days of delivery. The return of the products must be made 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 final suitability of the products for any specific 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 altered the delivered products themselves or had them repaired and/or altered by third parties;
  • The delivered products were exposed to abnormal conditions or otherwise improperly treated or treated in a way contrary to the instructions of the entrepreneur and/or the packaging;
  • The defect is entirely or partially due to regulations or provisions issued or to be issued by authorities regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will exercise the utmost care in receiving and executing product orders.

The delivery location is the address provided by the consumer to the company.

In compliance with the provisions in Article 4 of these terms and conditions, the company will execute accepted orders with reasonable speed, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed or an order cannot be fully or partially executed, the consumer will be informed no later than 30 days after the order was placed. In this case, the consumer has the right to cancel the contract without charge and claim any damages.

In the event of cancellation as per the previous paragraph, the entrepreneur will refund the amount paid by the consumer as quickly as possible, but no later than 14 days after the cancellation.

If the delivery of an ordered product is impossible, the entrepreneur will attempt to make an alternative item available. No later than upon delivery, it will be clearly and understandably indicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return will be borne by the entrepreneur.

The risk of damage and/or loss of products lies with the entrepreneur until the product is delivered to the consumer or a previously named and notified representative, unless otherwise agreed.

Article 12 – Ongoing Transactions: Duration, Termination, and Extension

Termination

The consumer can terminate a contract concluded for an indefinite period that relates to the regular delivery of products (including electricity) or services at any time, in accordance with the agreed termination rules and a notice period of no more than one month.

The consumer can terminate a contract concluded for a fixed term that relates to the regular delivery of products (including electricity) or services at any time at the end of the specified term, in accordance with the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the contracts referred to in the preceding paragraphs:

  • at any time and not be limited to termination at a specific time or within a certain period;
  • at least in the same manner as they were concluded;
  • always with the same notice period that the entrepreneur has set for themselves.

Extension

A contract concluded for a fixed term that relates to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

Notwithstanding the previous paragraph, a contract concluded for a fixed term that relates to the regular delivery of daily, news, and weekly newspapers, as well as magazines, may be tacitly extended for a fixed period of no more than three months, provided the consumer can cancel this extended contract at the end of the extension with a notice period of no more than one month.

A contract concluded for a fixed term that relates to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can cancel the contract at any time with a notice period of no more than one month, and with a notice period of no more than three months, if the contract relates to the regular but less-than-monthly delivery of daily, news, and weekly newspapers, as well as magazines.

A limited-term contract for the regular delivery of daily, news, and weekly newspapers, as well as magazines, for trial purposes or as an introductory offer (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.

Duration

If a contract has a term of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless fairness and reasonableness speak against termination before the agreed term has expired.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period according to Article 6, paragraph 1. In the case of a service contract, this period starts after the consumer has received the confirmation of the contract.

The consumer is obliged to immediately inform the entrepreneur of any inaccuracies in the provided or supplied payment details.

In the event of late payment by the consumer, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs previously communicated to the consumer.

Article 14 – Complaints Procedure

Complaints regarding the execution of the contract must be fully and clearly described and submitted to the entrepreneur within 7 days after discovering the defects.

Complaints submitted to the entrepreneur will be responded to within 14 days from the date of receipt. If a complaint requires a 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 amicably, a dispute will arise, which will be subject to dispute resolution.

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur explicitly states otherwise in writing.

If a complaint is deemed valid by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Dutch law exclusively applies to contracts between the entrepreneur and the consumer that are subject to these general terms and conditions, even if the consumer resides abroad.