Terms of service

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 is not acting 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, the delivery and/or purchase obligation of which is spread over time;

Durable data carrier: any means that allows the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.

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 who offers products and/or services to consumers remotely;

Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, only one or more means of remote communication are used until the conclusion of the agreement;

Technology for remote communication: a means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room simultaneously.

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

Article 2 – Identity of the Entrepreneur

Company name: Online Orbit B.V.
Chamber of Commerce number: 91287529
VAT number: NL865605646B01
Customer service email: support@getpolarsupply.com
Company address: Geurdeland 17 g, 6673DR, Andelst

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and will be sent free of charge at the consumer's 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 deviation from the previous paragraph, in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be accessed electronically before the distance contract is concluded, and they will be sent free of charge by electronic means or otherwise at the consumer's request.

If specific product or service conditions also 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 favorable to them in the event of conflicting general terms and conditions.

If one or more provisions of these general terms and conditions are null or annulled at any time, the agreement and these terms and conditions will remain in effect for the rest, and the relevant provision will be replaced in mutual consultation by a provision that approaches the intent of the original as much as possible.

Situations that are not covered by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.

Any uncertainties regarding the interpretation or content of one or more provisions of these terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

Article 4 – The Offer

If an offer is valid for a limited period or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is detailed enough to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they will be a true representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur.

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

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

Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer. This includes, in particular:

  • the price, excluding customs clearance costs and import VAT. These additional costs will be borne by the customer. The postal and/or courier service will apply the special scheme for postal and courier services in relation to import. This scheme applies when goods are imported into the EU country of destination, as is the case here. The postal or courier service collects the VAT (whether or not together with the customs clearance costs) from the recipient of the goods;
  • any shipping costs;
  • the way in which the agreement will be concluded and what actions are required for this;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery, and performance of the contract;
  • the period for accepting the offer or the period within which the entrepreneur guarantees the price;
  • the tariff for remote communication if the costs of using the remote communication technology are calculated on a different basis than the basic rate for the used communication method;
  • whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer;
  • the way in which the consumer can check the data provided by them before concluding the contract and, if desired, correct them;
  • the other languages, if any, in which the contract can be concluded, in addition to Dutch;
  • the codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the distance contract in the case of a long-term transaction.

Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and complies with the associated conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

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

The entrepreneur can, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for responsibly entering into the distance contract. If the entrepreneur has good reasons based on this investigation not to enter into the agreement, they are entitled to refuse an order or application or to attach special conditions to its execution, providing justification.

The entrepreneur will, along with the product or service, provide the consumer with the following information, in writing or in a way that allows the consumer to store it on a durable data carrier in an accessible manner:

  • the visiting address of the entrepreneur’s business where the consumer can submit complaints;
  • the conditions under which and how the consumer can exercise their right of withdrawal, or a clear statement if the right of withdrawal is excluded;
  • the information about guarantees and existing after-sales services;
  • the information contained in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the performance of the agreement;
  • the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.

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

Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for a period of 14 days. This cooling-off period starts the day after the consumer or a previously designated representative, announced to the entrepreneur, receives the product.

During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all supplied accessories and, if reasonably possible, in the 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 14 days of receiving the product. The consumer must do this by sending a written message/email. After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example by providing proof of shipment.

If the customer has not expressed their intention to exercise their right of withdrawal within 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 their right of withdrawal, the costs of returning the products will be borne by the consumer.

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. The condition is that the product has already been returned to the retailer or that conclusive proof of complete return can be 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 possible if the entrepreneur has clearly stated this in the offer or at least in time before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

  • that have been created according to the consumer’s specifications;
  • that are clearly personal in nature;
  • that, by their nature, cannot be returned;
  • that can spoil or age quickly;
  • whose price is dependent on fluctuations in the financial market over which the entrepreneur has no influence;
  • for loose newspapers and magazines;
  • for audio and video recordings and computer software whose seal has been broken by the consumer;
  • for hygienic products where the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

  • concerning accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
  • whose delivery has begun with the explicit consent of the consumer before the cooling-off period has expired;
  • concerning bets 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 resulting from changes in VAT rates.

In deviation from 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 influence, with variable prices. This dependency on fluctuations and the fact that any mentioned prices are guide prices will be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only allowed if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

  • they result from statutory regulations or provisions; or
  • the consumer has the option to terminate the agreement with effect from the day the price increase takes effect.

The place of delivery is determined in accordance with Article 5, first paragraph, of the Dutch VAT Act 1968 and occurs where the transport begins. In this case, the delivery takes place outside the EU. As a result, the postal or courier service will collect import VAT and customs clearance costs from the recipient. Therefore, the entrepreneur will not charge VAT.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting 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 agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and existing statutory provisions and/or government regulations at the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal.

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.

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 each individual 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 modified the delivered products themselves or has had them repaired and/or modified by third parties;
  • The delivered products have been exposed to abnormal conditions or have been treated carelessly or contrary to the entrepreneur’s instructions and/or the packaging;
  • The defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will take the utmost care in receiving and executing orders for products.

The delivery location is the address that the consumer has made known to the company.

With due observance of what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with appropriate speed but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and may be entitled to compensation.

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

If delivery of an ordered product proves impossible, the entrepreneur will strive to make a replacement item available. No later than at the time of delivery, it will be clearly and understandably communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative announced to the entrepreneur unless otherwise explicitly agreed.

Article 12 – Long-term Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate an agreement that has been concluded for an indefinite period and which relates to the regular delivery of products (including electricity) or services at any time, with due observance of the applicable termination rules and a notice period of no more than one month.

The consumer may terminate an agreement that has been concluded for a fixed period and which relates to the regular delivery of products (including electricity) or services at any time at the end of the fixed period, with due observance of the applicable termination rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to in the previous paragraphs:

  • at any time, without being limited to termination at a specific time or during a specific period;
  • at least in the same way as they were entered into;
  • always with the same notice period that the entrepreneur has stipulated for themselves.

Renewal

An agreement concluded for a fixed period and which relates to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.

In deviation from the previous paragraph, an agreement concluded for a fixed period and which relates to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed period of no more than three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

An agreement concluded for a fixed period and which relates to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement relates to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

An agreement with limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.

Duration

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 dictate otherwise.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.

The consumer has the obligation to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.

In the event of default by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure

Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a message of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

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 resides abroad.

Article 16 – CESOP

Due to the measures introduced and tightened as of 2024 regarding the ‘Amendment of the Dutch VAT Act 1968 (Act to Implement the Payment Service Providers Directive)’ and thereby the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.