Terms & conditions

Article 1 – Definitions In these terms and conditions, the following definitions apply:

Cooling-off Period: The period within 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. Continuous Transaction: A distance contract concerning a series of products and/or services, where the supply and/or purchase obligation is spread over time. Durable Data Carrier: Any means that enables 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 at a distance. Distance Contract: A contract in which, 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 up to and including the conclusion of the contract. Means of Remote Communication: A method that can be used to conclude a contract without the consumer and entrepreneur being in the same place at the same time. Terms & Conditions: These General Terms & Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Company Name: Parker Toronto Business Address: NL Email: INFO@PARKER-TORONTO.COM Chamber of Commerce (KvK) Number: 94054770 VAT Identification Number: NL005060792B71

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 viewed at the entrepreneur’s premises and that they will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, then, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer electronically or by other means free of charge upon request.

If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting conditions, the consumer may always invoke the provision that is most favorable to them.

If one or more provisions in these general terms and conditions are at any time wholly or partially void or declared invalid, the remaining provisions of the contract and these terms and conditions will remain in force. The relevant provision will be replaced in mutual consultation with a provision that most closely aligns with the intent of the original provision.

Situations not covered by these general terms and conditions must be assessed in the spirit of these terms and conditions.

Any ambiguities 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 has a limited validity 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 products and/or services offered. The description is detailed enough to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they provide a truthful representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to any compensation or termination of the agreement. Images accompanying products provide a truthful representation of the offered products. However, the entrepreneur cannot guarantee that the displayed colors will exactly match the actual colors of the products.

Each offer includes clear information so that the consumer understands their rights and obligations when accepting the offer. This specifically includes:

The price, excluding clearance fees and import VAT. These additional costs will be the responsibility and risk of the customer. The postal and/or courier service will apply the special scheme for postal courier services regarding importation. This scheme applies when goods are imported into the EU destination country, which is the case in this instance. The postal and/or courier service collects the VAT (possibly together with the clearance fees charged) from the recipient of the goods.
Any shipping costs.
The method by which the contract will be concluded and the necessary actions for this.
Whether the right of withdrawal applies.
The method of payment, delivery, and execution of the agreement.
The period for accepting the offer or the period within which the entrepreneur guarantees the price.
The cost of distance communication, if charged on a basis other than the regular base 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 and, if necessary, correct the data provided before finalizing the agreement.
The languages in which the agreement can be concluded, in addition to Dutch.
The codes of conduct to which the entrepreneur adheres and how the consumer can consult these electronically.
The minimum duration of the distance contract in the case of a continuous transaction.

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

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the stated conditions.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a safe web environment. If the consumer can make electronic payments, the entrepreneur will take appropriate security measures.
The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all relevant facts and factors for responsibly entering into a distance agreement. If, based on this investigation, the entrepreneur has valid reasons not to enter into the agreement, he is entitled to refuse a purchase or request with justification or to impose special conditions on its execution.
The entrepreneur shall provide the following information to the consumer with the product or service, either in writing or in a manner that allows the consumer to store it on a durable data carrier:
- The physical business address of the entrepreneur’s establishment where the consumer can address complaints.
- The conditions under which and the method by which the consumer may exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded.
- Information about warranties and existing after-purchase services.
- The details specified in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before concluding the agreement.
- The requirements for terminating the agreement if it has a duration of more than one year or is of indefinite duration.
In the case of a continuous transaction, the provisions of the previous paragraph apply only to the first delivery.
Each agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to dissolve the agreement without providing any reason within 14 days. This cooling-off period begins the day after the consumer, or a representative previously designated by the consumer and made known to the entrepreneur, receives the product.
During the cooling-off period, the consumer must handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to determine whether they wish to keep it. If they exercise their right of withdrawal, they must return the product, including all accessories 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 must notify the entrepreneur within 14 days after receiving the product. This notification must be made via a written message or email. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must provide proof that the product was returned on time, for example, by providing a shipping receipt.
If the consumer has not communicated their intention to exercise the right of withdrawal within the periods specified in paragraphs 2 and 3, or if the product has not been returned to the entrepreneur, the purchase is considered final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs for returning the products shall be borne by the consumer.
If the consumer has already made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This refund is subject to the condition that the product has been received by the entrepreneur or that conclusive proof of complete 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 applies only if the entrepreneur has clearly stated this in the offer, or at least before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:
1. That have been manufactured according to the consumer’s specifications.
2. That are clearly of a personal nature.
3. That, due to their nature, cannot be returned.
4. That can deteriorate or expire quickly.
5. Whose price is subject to fluctuations in the financial market over which the entrepreneur has no control.
6. That consist of individual newspapers or magazines.
7. That contain audio or video recordings or computer software where the consumer has broken the seal.
8. That are hygienic products where the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
1. Related to accommodation, transport, catering, or leisure activities to be provided on a specific date or during a specific period.
2. That have started with the express consent of the consumer before the cooling-off period has expired.
3. Related 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 resulting from changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offer products or services with variable prices if these are subject to fluctuations in the financial market over which the entrepreneur has no control. This dependency on fluctuations and the fact that any listed prices are guideline prices will be stated in the offer.
Price increases within three months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
Price increases after three months from the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
1. They are the result of legal regulations or provisions; or
2. The consumer has the right to terminate the agreement from the day the price increase takes effect.
The place of delivery is determined based on Article 5, Paragraph 1 of the 1968 Turnover Tax Act and occurs in the country where the transport begins. In this case, delivery takes place outside the EU. Consequently, import VAT and clearance fees will be collected from the consumer by the postal or courier service. Therefore, the entrepreneur will not charge VAT.
All prices are subject to printing and typographical errors. The entrepreneur accepts no liability for the consequences of printing and typographical errors. In the event of such 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 the legal provisions and/or government regulations in effect on the date the agreement was concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for use beyond normal purposes.
Any warranty provided 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 agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. The return of products must be done in their original packaging and in unused condition.
The warranty period provided by the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any specific individual use 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 had them repaired and/or modified by third parties.
- The delivered products have been exposed to abnormal conditions, have been handled carelessly, or have been used in a manner contrary to the entrepreneur’s instructions and/or the packaging guidelines.
- The defect is entirely or partially the result of regulations imposed by the government regarding the nature or quality of the applied materials.

Article 11 – Delivery and Execution

The entrepreneur shall exercise the utmost care when receiving and executing product orders.
The delivery address shall be the address provided by the consumer to the entrepreneur.
Subject to the provisions of Article 4 of these general terms and conditions, the entrepreneur shall process accepted orders with due diligence and within a maximum period of 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed within 30 days of placing the order. In this case, the consumer has the right to cancel the agreement at no cost and is entitled to any applicable compensation.
In the event of cancellation in accordance with the previous paragraph, the entrepreneur shall refund any amount paid by the consumer as soon as possible, but no later than 14 days after cancellation.
If delivery of an ordered product proves impossible, the entrepreneur shall make an effort to offer a suitable replacement item. The consumer will be clearly informed at the time of delivery that a replacement item has been provided. For replacement items, the right of withdrawal cannot be excluded. Any return costs in such a case shall be borne by the entrepreneur.
The risk of damage and/or loss of products remains with the entrepreneur until the moment of delivery to the consumer or a designated representative known to the entrepreneur, unless expressly agreed otherwise.

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 that involves the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and with a maximum notice period of one month.
The consumer may terminate an agreement that has been concluded for a fixed period and that involves the regular delivery of products (including electricity) or services, at the end of the agreed duration, subject to the agreed termination rules and with a maximum notice period of one month.
The consumer may terminate the agreements mentioned in the previous paragraphs:
- At any time, without restriction to a specific time or period.
- At least in the same manner as they were entered into.
- Always with the same notice period that the entrepreneur has stipulated for themselves.

Renewal

A fixed-term agreement for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.
By way of exception, a fixed-term agreement for the regular delivery of daily, news, or weekly newspapers and magazines may be tacitly extended for a maximum period of three months, provided that the consumer can terminate the extended agreement at the end of the extension with a notice period of no more than one month.
A fixed-term agreement for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month, or no more than three months in cases where the agreement involves regular but less frequent deliveries (e.g., newspapers and magazines delivered less than once per month).
A trial or introductory subscription for newspapers, news, or weekly magazines will not be tacitly extended 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 it after one year at any time with a notice period of no more than one month, unless reasonableness and fairness prevent termination before the end of the agreed duration.

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, as referred to in Article 6, Paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received the confirmation of the agreement.
The consumer is responsible for immediately reporting any inaccuracies in the provided or stated payment details to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs that were communicated to the consumer in advance.

Article 14 – Complaints Procedure

Complaints regarding the execution of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has discovered the defect.
Complaints submitted to the entrepreneur will be responded to within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will provide a response within 14 days acknowledging receipt of the complaint and indicating when the consumer can expect a more detailed reply.
If a complaint cannot be resolved through mutual agreement, it will result in a dispute subject to the dispute resolution procedure.
A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur states otherwise in writing.
If a complaint is deemed valid by the entrepreneur, the entrepreneur will either replace or repair the delivered products free of charge, at their discretion.

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 reinforced from 2024 under the "Act Amending the 1968 Turnover Tax Act (Act Implementing the Payment Services Directive)", and the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.