Table of contents

Article 1 – Definitions
Article 2 – Identity of the trader
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – Consumers’ obligations during the withdrawal period
Article 8 – Withdrawal process
Article 9 – Traders’ obligations in a case of withdrawal
Article 10 – The price
Article 11 – Contract fulfilment and extra guarantee
Article 12 – Fulfillment
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes

Article 1 – Definitions

Withdrawal period: the period within which a consumer can make use of his right of withdrawal.
Consumer: a natural person whose actions are not carried out for objectives relating to the course of a trade, a profession or a business.
Trader: a natural or legal person offers products, (access to) digital content and/or services to consumers from a distance.
Day: calendar day.
Extended duration transaction: a distance contract relating to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time.
Durable medium: every means – including emails – that enables a consumer or trader to store information that is addressed to him in person in a way that facilitates its future use or consultation during a period that is in keeping with the objective for which the information is intended, and which facilitates the unaltered reproduction of the stored information;
Right of withdrawal: the option for the consumer to cancel the distance contract within the withdrawal period.
Distance contract: a contract concluded between a trader and a consumer within the framework of system organized for the distance sale of products, digital content and/or services, whereby sole or partly use is made of one or more techniques for distance communication up to and including the moment that the contract is concluded.
Technique for distance communication: means that can be used for communication regarding the offer made by the trader and concluding a contract, without the necessity of the consumer and trader being in the same place at the same time.

Article 2 – Identity of the trader

Forgotten Chapters
Geiserwater 12
3991 HK Houten
The Netherlands
Email: contact@forgottenchapters.eu
Chamber of Commerce number: 77842073
VAT number: NL003246326B24

Article 3 – Applicability

1. These general terms and conditions apply to every offer from the trader and to every distance contract and orders concluded between the trader and the consumer.
2. Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, in what way the general terms and conditions are available for inspection and that they will be sent free of charge to the consumer, as quickly as possible, at the consumer’s request.
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions electronically, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, the trader will indicate where the general terms and conditions can be inspected electronically and that at his request, they will be sent to the consumer free of charge, either electronically or in some other way.
4. In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy, and the consumer can always invoke the applicable condition that is most favourable to him in the event of incompatible general terms and conditions.
5. Situations that are not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
6. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 – The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer.
4. If the trader uses images, these are a true representation of the products and/or services offered. The trader cannot guarantee that the colors displayed correspond exactly to the real colors of the products.
5. Obvious mistakes or errors in the offer do not bind the trader.

Article 5 – The contract

1. The contract will be concluded, subject to that which is stipulated in paragraph 4, the moment the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed by the trader.
3. If the contract is concluded electronically, the trader will take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, the trader will take suitable security measures.
4. The trader may obtain information – within statutory frameworks – about the consumer’s ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives the trader proper grounds for declining to conclude the contract, then he has the right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
5. The trader will send to a consumer, at the latest when delivering a product, service or digital content, the following information, in writing, or in such a way that the consumer can store it on an accessible durable medium:
a) the office address of the trader’s business location where the consumer can lodge complaints.
b) the conditions under which the consumer can make use of the right of withdrawal and the method for doing so, or a clear statement relating to preclusion from the right of withdrawal.
c) information on guarantees and existing after-sales service.
d) the price, including all taxes on the product, service or digital content; the costs of delivery insofar as applicable, and the method of payment, delivery or implementing the distance contract.
e) the requirements for terminating the contract, if the duration of the contract exceeds one year or if it is indefinite.
f) if the consumer has a right of withdrawal, the instructions to exercise the right of withdrawal.
g) In case of an extended duration contract, the stipulation in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

1. When purchasing products, a consumer has the right to dissolve a contract, without giving reasons, during a period of at least 14 days. This period commences on the day after the product was received by the consumer, or a third party designated by the consumer, who is not the transporting party, or, if the consumer has ordered several products: the day on which the consumer, or a third party designated by the consumer, received the last product.
2. The trader can preclude the right of withdrawal for products manufactured according to the consumer’s specifications, which were not prefabricated and were made based on a consumer’s specific choice or decision, or which are clearly intended for a specific person.
3. For the products mentioned in paragraph 2, the trader will extend the right of withdraw if no fulfilment activities related to the product have started.

Article 7 – Consumers’ obligations during the withdrawal period

1. During the withdrawal period, the consumer shall treat the product and its packaging with care. He shall only unpack handle the product in as far as necessary in order to assess the nature, characteristics and efficacy of the product. The point of departure here is that the consumer may only handle and inspect the product in the same way that he would be allowed in a shop.
2. The consumer is liable for the product’s devaluation that is a consequence of his handling the product other than as permitted in paragraph 1.
3. The consumer is not liable for the product’s devaluation if the trader did not provide him with all the statutorily obligatory information about the right of withdrawal before the contract was concluded.

Article 8 – Withdrawal process

1. A consumer who wants to exercise his right of withdrawal shall report this to the trader, within the withdrawal period, by filling the online contact form or by email.
2. As quickly as possible, but no later than 14 days after the day of reporting as referred to in paragraph 1, the consumer shall return the product, or hand it over to (a representative of) the trader. This is not necessary if the trader has offered to collect the product himself. The consumer will in any case have complied with the time for returning goods if he sends the product back before the withdrawal period has lapsed.
3. The consumer returns the product with all relevant accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
4. The risk and the burden of proof for exercising the right of withdrawal correctly and in time rest upon the consumer.
5. The consumer bears the direct costs of returning the product.
6. If a consumer exercises his right of withdrawal, all supplementary agreements are legally dissolved.

Article 9 – Traders’ obligations in a case of withdrawal

1. If the trader makes it possible for a consumer to declare his withdrawal via electronic means, then after receiving such a declaration, he sends immediate confirmation of receipt.
2. The trader reimburses the consumer with all payments, including any delivery costs the trader charged for the returned product.
3. The reimbursement will be made not later than 14 after the trader has received the product or until the consumer proves he has returned the product, depending on which occurs earlier.
4. If the consumer chooses an expensive method of delivery in preference to the cheapest standard delivery, the trader does not have to refund the additional costs of the more expensive method.
5. For any reimbursement, the trader will use the same payment method that was initially used by the consumer, unless the consumer agrees to another method
6. Reimbursement is free of charge for the consumer.

Article 10 – The price

1. During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes in VAT-tariffs.
2. Price increases within 3 months after the contract was concluded are only permitted if they are the result of statutory regulations or stipulations.
3. The prices stated in the offer of products or services exclude VAT.
4. VAT will be automatically calculated during checkout and clearly shown to the consumer before the consumer accepts the offer.
5. 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, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 11 – Contract fulfilment and extra guarantee

1. The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded. If agreed the trader also guarantees that the product is suited for other than normal designation.
2. A guarantee provided by the trader does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur within 2 months of delivery.
4. Products must be returned in the original packaging and in new condition.
5. The trader will reimburse the consumer for any return costs.

Article 12 – Fulfillment

1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is deemed to be the address that the consumer makes known to the company.
3. Taking into consideration what is stated in article 4 of these general terms and conditions, the company will implement accepted orders with efficient expedition, though at the latest within 30 days.
4. If expedition suffers a delay, the consumer will be informed about this at the latest 30 days after the order was placed. In this case, the consumer has a right to dissolve the contract free of charge.
5. Following dissolution in accordance with the previous paragraph, the trader refunds the consumer immediately the sum he had paid.
6. The risk of damage and/or loss of products rests upon the trader up to the moment of delivery to the consumer or a representative previous designated by the consumer and announced to the trader, unless this has explicitly been agreed otherwise.

Article 13 – Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid during checkout.
2. In the case of an agreement to provide a service, payment shall be made not less than 7 days after the consumer has received confirmation of the agreement.
3. The consumer has an obligation to immediately report any inaccuracies in payment details provided or stated to the trader.
4. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.

Article 15 – Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad.