General Terms and Conditions

ARTICLE 1 – DEFINITIONS

In these General Terms and Conditions, the following terms are understood as:

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

Consumer: the natural person who acts outside the course of their trade, business, craft, or profession and concludes a distance contract with the entrepreneur;

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

Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows for 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 in the framework of a system organized by the entrepreneur for the distance sale of products and/or services, where only one or more techniques of remote communication are used up to and including the conclusion of the contract;

Technique of remote communication: a means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously in the same room;

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

ARTICLE 2 – IDENTITY OF THE COMPANY

STSproducts

Email address: info@my-hydrosmile.com

Phone number: +31 6 22869904

Address: Lange baan 12, Steenwijk, 8331LW

ARTICLE 3 – APPLICATION

These General Terms and Conditions apply to every offer from the entrepreneur and to every distance contract concluded and every order between the entrepreneur and 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, prior to the conclusion of the distance contract, it will be indicated that the General Terms and Conditions can be consulted at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.

If the distance contract is concluded electronically, the text of these General Terms and Conditions can be made available to the consumer in such a way that it can be stored by the consumer on a durable medium. If this is not reasonably possible, prior to the conclusion of the distance contract, it will be indicated where the General Terms and Conditions can be consulted electronically and that they will be sent free of charge at the consumer's request, either electronically or otherwise.

In the event that, in addition to these General Terms and Conditions, special product or service conditions apply, the second and third sentences apply accordingly, and the consumer can always invoke the provision that is most favorable to them in case of contradictory General Terms and Conditions.

If any provision of these General Terms and Conditions is wholly or partially invalid or becomes invalid at any time, the contract and these General Terms and Conditions will otherwise remain in effect and the provision in question will be replaced immediately by a provision that comes as close as possible to the intention of the original provision.

Situations not regulated by these General Terms and Conditions will be assessed "in the spirit" of these General Terms and Conditions.

Any ambiguity in the interpretation or content of one or more provisions of our General Terms and Conditions shall 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 certain conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to change or adapt the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and may not give rise to claims for damages or contract termination.

Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors correspond exactly to the actual colors of the products.

Each offer contains information that makes it clear to the consumer which rights and obligations are associated with the acceptance of the offer. This concerns in particular:

  • The price, excluding customs duties and import VAT. These additional costs are borne by and at the risk of the customer. The postal and/or courier service will apply the special regulation for postal and courier services regarding import. This regulation applies when the goods are imported in the destination country of the Union, which is the case here. The postal and/or courier service will charge VAT (possibly together with the calculated customs duties) to the recipient of the goods;
  • The possible shipping costs;
  • The manner in which the contract is concluded and which actions are required for this;
  • Whether the right of withdrawal applies;
  • The method of payment, delivery, and performance of the contract;
  • The period for acceptance of the offer or the period within which the entrepreneur guarantees the price;
  • The level of the fee for remote communication if the costs for using the technique of remote communication are calculated on a basis other than the basic rate for the communication means used;
  • Whether the contract will be archived after its conclusion and, if so, how this can be accessed by the consumer;
  • The manner in which the consumer can view and possibly correct the information they provided in the context of the contract before the contract is concluded;
  • The possible other languages in which the contract can be concluded in addition to German;
  • The codes of conduct to which the entrepreneur has subjected themselves and the manner in which the consumer can electronically view these codes of conduct;
  • The minimum duration of the distance contract in the event of a continuous obligation.

Optional: Available sizes, colors, and types of materials.

ARTICLE 5 – THE CONTRACT

Subject to the provisions in paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfills the associated conditions.

If the consumer has accepted the offer electronically, the entrepreneur will confirm receipt of the acceptance of the offer electronically without delay. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure electronic data transmission and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur can inform themselves – within the framework of the legal provisions – about whether the consumer can fulfill their payment obligations, as well as about all facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has valid reasons due to this assessment to not conclude the contract, they are entitled to refuse an order or to attach special conditions to the execution.

The entrepreneur will send the consumer the following information in writing or in a manner that can be accessed and stored by the consumer on a durable medium together with the product or service:

  • The address of the entrepreneur's establishment where the consumer can submit complaints;
  • The conditions and the manner in which the consumer can exercise their right of withdrawal or a clear statement regarding the exclusion of the right of withdrawal;
  • The information on guarantees and existing customer service;
  • The information contained in Article 4, paragraph 3 of these General Terms and Conditions, unless the entrepreneur has already provided this information to the consumer before the contract was executed;
  • The conditions for termination of the contract if the contract has a duration of more than one year or an indefinite duration.

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

Every contract is concluded under the suspensive condition of the sufficient availability of the relevant products.

ARTICLE 6 – RIGHT OF WITHDRAWAL

When purchasing products, the consumer has the option to withdraw from the contract without giving any reason within 30 days. This cooling-off period begins on the day after the consumer receives the product or a representative designated by the consumer and announced to the entrepreneur.

During the cooling-off period, the consumer will handle the product and packaging carefully. They will unpack or use the product only to the extent necessary to assess whether they wish to keep the product. If they make use of their right of withdrawal, they will return the product with all delivered accessories and – if reasonably possible – in its original condition 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

If the consumer has not informed the entrepreneur that he wishes to exercise his right of withdrawal after the expiration of the deadlines mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is a fact.

### ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL
If the consumer exercises his right of withdrawal, he will bear the costs of returning the products.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided that the product has already been received by the entrepreneur or that conclusive proof of complete return can be 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 only applies if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the contract.

The exclusion of the right of withdrawal is only possible for products:

- produced by the entrepreneur according to the consumer's specifications;
- that are clearly of a personal nature;
- that cannot be returned due to their nature;
- that can spoil quickly or expire;
- whose price is subject to fluctuations in the financial market that the entrepreneur cannot influence;
- for newspapers and magazines;
- for audio and video recordings and computer software that the consumer has broken the seal on;
- for hygiene products that the consumer has broken the seal on.

The exclusion of the right of withdrawal is only possible for services:

- accommodation, transport, catering or leisure activities that are to be provided on a specific date or during a specific period;
- whose delivery has begun with the consumer's express consent before the reflection period has expired;
- concerning bets and lotteries.

### ARTICLE 9 – THE PRICE
During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, subject to 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 which the entrepreneur cannot influence, at variable prices. This binding to fluctuations and the fact that any mentioned prices 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 after the conclusion of the contract are only allowed if the entrepreneur has agreed to this:

- they are based on legal regulations or provisions; or
- the consumer is entitled to terminate the contract with effect from the day the price increase takes effect.

According to Article 5, paragraph 1 of the Sales Tax Act 1968, the place of delivery is the country from which the transport begins. In this case, delivery takes place outside the EU. The postal or courier service then charges VAT upon import or customs costs to the customer. Therefore, no VAT is 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 case 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 contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or governmental regulations existing at the time of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for a use other than the normal one.

A warranty granted by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the contract.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The 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 any individual application by the consumer, nor for advice regarding the use or application of the products.

The warranty does not apply if:

- The consumer repairs and/or alters the delivered products himself or has them repaired and/or altered by third parties;
- The delivered products have been exposed to abnormal conditions or have been otherwise improperly treated or treated contrary to the instructions of the entrepreneur and/or on the packaging;
- The defects are wholly or partly attributable to regulations imposed by the government concerning the nature or quality of the materials used or to be used.

### ARTICLE 11 – DELIVERY AND EXECUTION
The entrepreneur will exercise the utmost care when receiving and executing orders for products.

The delivery address is the address that the consumer has provided to the company.

Subject to the provisions in Article 4 of these General Terms and Conditions, the entrepreneur will execute accepted orders promptly, but no later than within 30 days, unless the consumer has agreed to a longer delivery time.

If the delivery is delayed or if an order cannot be executed or can only be executed partially, the consumer will be informed of this no later than 30 days after placing the order. In this case, the consumer has the right to terminate the contract at no cost and is entitled to any damages.

In the event of a termination in accordance with the previous paragraph, the entrepreneur will refund the amount the consumer has paid as soon as possible, but no later than 14 days after termination.

If the delivery of an ordered product is not possible, the entrepreneur will endeavor to provide a substitute item. Upon delivery, it will be clearly and understandably stated that a substitute item is being delivered. For substitute items, the right of withdrawal cannot be excluded. 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 time of delivery to the consumer or a representative designated in advance and notified to the entrepreneur, unless expressly agreed otherwise.

### ARTICLE 12 – DURATION TRANSACTIONS: DURATION, TERMINATION, AND EXTENSION
**Termination**

The consumer can terminate a contract concluded for an indefinite period, which concerns 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 can terminate a contract concluded for a definite period, which concerns the regular delivery of products (including electricity) or services, at any time at the end of the specified term, subject to the agreed termination rules and a notice period of no more than one month.

For the contracts mentioned in the preceding paragraphs, the consumer can terminate at any time and is not limited to a termination at a specific time or within a specific period; he must terminate in the same way as he concluded; always with the same notice period that the entrepreneur has set for himself.

**Extension**

A contract concluded for a specific period concerning the regular delivery of products (including electricity) or services