TERMS AND CONDITIONS

TABLE OF CONTENTS:

1. Article 1 - Definitions
2. Article 2 - Identity of the entrepreneur
3. Article 3 - Applicability
4. Article 4 - The offer
5. Article 5 - The agreement
6. Article 6 - Right of withdrawal
7. Article 7 - Costs in case of withdrawal
8. Article 8 - Exclusion of the right of withdrawal
9. Article 9 - The price
10. Article 10 - Conformity and warranty
11. Article 11 - Delivery and execution
12. Article 12 - Duration transactions: duration, cancellation and extension
13. Article 13 - Payment
14. Article 14 - Complaints procedure
15. Article 15 - Disputes
16. Article 16 - Additional or different provisions

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ARTICLE 1 - DEFINITIONS

In these terms and conditions, the following definitions apply:

1. Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance agreement with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance agreement with regard to a range of products and/or services, whose delivery and/or purchase obligation is spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information possible.
6. Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the cooling-off period;
7. Model form: the model withdrawal form that the entrepreneur provides that a consumer can fill out when he wants to make use of his right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance agreement: an agreement where, in the context of a system organized by the entrepreneur for distance selling products and/or services, up to and including the conclusion of the agreement, only use is made of one or more techniques for distance communication;
10. Remote communication technology: means that can be used to conclude an agreement without the consumer and entrepreneur having come together in the same room at the same time.
11. General Terms and Conditions: the entrepreneur's present General Terms and Conditions.

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ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR

Maarten Bennis (director of SMPL International BV);
Heilige Geeststraat 33
6041 GB Roermond;
Telephone number: 023-5259494 (from 9:00 — 17:00)
E-mail address: maarten@smpl.international
Chamber of Commerce number: 76421309
VAT identification number: NL860618456B01

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ARTICLE 3 - APPLICABILITY

1. These general terms and conditions apply to every offer made by the entrepreneur and to any distance agreement and orders concluded between entrepreneur and consumer.
2. Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated that the general terms and conditions can be viewed by the entrepreneur and that they will be sent free of charge as soon as possible at the consumer's request.
3. If the distance agreement is concluded electronically, contrary to the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
4. In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him.
5. If one or more provisions in these general terms and conditions are wholly or partially null or void at any time, the agreement and these terms and conditions will otherwise remain in force and the relevant provision will be replaced by mutual agreement without delay by a provision that approaches the purport of the original as much as possible.
6. Situations that are not regulated in these terms and conditions should be assessed “in the spirit” of these terms and conditions.
7. Any ambiguities about the explanation or content of one or more provisions of our terms and conditions should be explained “in the spirit” of these terms and conditions.

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ARTICLE 4 - THE OFFER

1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. 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 allow consumers to properly assess the offer. If the entrepreneur uses images, these are a true reflection of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images, specifications and information in the offer are indicative and cannot be a reason for compensation or termination of the agreement.
5. Product images are a true reflection of the products offered. The entrepreneur cannot guarantee that the colors shown exactly match the real colors of the products.
6. Each offer contains such information that it is clear to the consumer what the rights and obligations associated with accepting the offer are. In particular, this concerns:
   1. the price including taxes;
   2. any costs of shipping;
   3. the way in which the agreement will be concluded and what actions are necessary for this;
   4. whether or not the right of withdrawal applies;
      the method of payment, delivery and execution of the agreement;
   5. the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
   6. the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular base rate for the means of communication used;
   7. whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
   8. the way in which, before concluding the agreement, the consumer can check and, if desired, restore the information provided by him under the agreement;
   9. any other languages in which, in addition to Dutch, the agreement can be concluded;
      the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically;
   10. and the minimum duration of the distance agreement in the event of an extended transaction.

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ARTICLE 5 - THE AGREEMENT

1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and compliance with the associated conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures to this end.
4. The entrepreneur can - within legal frameworks - find out whether the consumer can meet his payment obligations, as well as about all those facts and factors that are important for entering into the distance agreement responsibly. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
   1. the visiting address of the entrepreneur's office where the consumer can go with complaints;
   2. the conditions under which and how the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
   3. information about warranties and existing after-purchase service;
   4. the information included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
   5. the requirements for termination of the agreement if the agreement has a duration of more than one year or is indefinite.
6. In the event of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
7. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

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ARTICLE 6 - RIGHT OF WITHDRAWAL

When delivering products:

1. When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative appointed in advance by the consumer and announced to the entrepreneur.
2. During the cooling-off period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied 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.
3. If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receiving the product. The consumer must make this known by means of the model form. After the consumer has made it known that he wants to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of shipment.
4. In the case of sealed products, the consumer has the right to cancel the order up to 14 days after receipt without giving a reason, provided that the seal has not been broken. If the seal is broken, the order is final and can no longer be returned. Should the consumer make use of his right of withdrawal, he has another 14 days after cancellation to return the product. If the consumer makes use of his right of withdrawal, the product with all accessories supplied and - if reasonably possible - in its original condition and packaging will be returned to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
5. Products with a limited shelf life cannot be returned. The right of withdrawal does not apply in those cases.
6. If, after the end of the periods referred to in paragraphs 2, 3 and 4, the customer has not expressed his intention to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

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When providing services:

1. ‍‍When delivering services, the consumer has the option to terminate the agreement without giving reasons for at least 14 days, commencing on the day of entering into the agreement.
2. To make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

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ARTICLE 7 - COSTS IN CASE OF WITHDRAWAL

1. If the consumer makes use of his right of withdrawal, at most the costs of returning the goods will be borne by him.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. However, this is subject to the condition that the product has already been received back by the online retailer or conclusive proof of complete return can be submitted.
3. Reimbursement will be made via the same payment method used by the consumer unless the consumer explicitly gives permission for another payment method.
4. In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product.
5. The consumer cannot be held liable for the depreciation of the product if the entrepreneur does not provide all the legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.

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ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL

1. 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 time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
   1. that have been created by the entrepreneur in accordance with the consumer's specifications;
   2. that are clearly personal;
   3. that, due to their nature, cannot be returned;
   4. that can deteriorate or age quickly;
      whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
   5. for separate newspapers and magazines;
   6. for audio and video recordings and computer software whose seal has been broken by the consumer;
   7. for hygienic products whose consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
   1. concerning accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specified period;
   2. whose delivery started with the express consent of the consumer before the cooling-off period has expired;
   3. concerning betting and lotteries.

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ARTICLE 9 - THE PRICE

1. During the period of validity specified 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.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This relationship to fluctuations and the fact that any listed prices are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
   1. these are the result of legal regulations or provisions;
   2. whether the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the range of products or services include VAT.
6. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.

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ARTICLE 10 - CONFORMITY AND WARRANTY

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer 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 in writing within 4 weeks of delivery. The products must be returned in their original packaging and in new condition.
4. 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.
5. The warranty does not apply if:
   1. The consumer has repaired and/or edited the delivered products himself or had them repaired and/or edited by third parties;
   2. The products delivered have been exposed to abnormal conditions or are otherwise treated carelessly or are contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
   3. The defect is wholly or partly the result of regulations that the government has made or will make regarding the nature or quality of the materials used.

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ARTICLE 11 - DELIVERY AND EXECUTION

1. The entrepreneur will take the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement at no cost. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any of the above terms. Exceeding a period does not entitle the consumer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement item available. At the latest upon delivery, it will be stated in a clear and understandable manner that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be ruled out. The costs of any return shipment are borne by the entrepreneur.
7. The risk of damage and/or loss of products lies with the entrepreneur until the time of delivery to the consumer or a representative appointed in advance and made known to the entrepreneur, unless otherwise expressly agreed.

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ARTICLE 12 - DURATION TRANSACTIONS: DURATION, CANCELLATION AND EXTENSION

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Cancellation

1. ‍‍The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to 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.
2. The consumer can terminate a fixed-term agreement that has been concluded for the regular delivery of products (including electricity) or services at any time by the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.
3. The consumer can:
   1. cancel at any time and not be limited to cancellation at a specific time or period;
   2. terminate at least in the same way as they were contracted by him;
   3. always cancel with the same notice period as the entrepreneur has stipulated for himself.

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prolonging

1. ‍‍A fixed-term agreement that has been entered into and that extends to the regular delivery of products (including electricity) or services may not be automatically renewed or renewed for a fixed period of time.
2. Contrary to the previous paragraph, an agreement that has been entered into for a fixed period and that extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months if the consumer can terminate this extended agreement by the end of the extension with a maximum of one month's notice.
3. A fixed-term agreement that has been entered into and that extends to the regular delivery of products or services may only be renewed tacitly for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of no more than three months in case the agreement extends to the regular, but less than once a month, delivery of newspapers, newspapers and magazines.
4. A limited-term agreement to regularly deliver daily, news and weekly newspapers and magazines (trial or introductory subscription) will not be continued tacitly and will end automatically after the end of the trial or introductory period.

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Duration

1. ‍‍If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed period.

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ARTICLE 13 - PAYMENT

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days 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.
2. The consumer has the duty to report inaccuracies in the payment details provided or stated to the entrepreneur without delay.
3. In the event of the consumer's default, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs announced to the consumer in advance.

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ARTICLE 14 - COMPLAINTS PROCEDURE

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to the dispute settlement.
5. In case of complaints, a consumer must first contact the entrepreneur.
6. A complaint does not suspend the entrepreneur's obligations unless the entrepreneur states otherwise in writing.
7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its option, replace or repair the delivered products free of charge.

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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.
2. The Vienna Sales Convention does not apply.

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ARTICLE 16 - ADDITIONAL OR DIFFERENT PROVISIONS

1. Additional provisions or provisions that differ 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.

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