Article 1 – The Online Store
1.1 These are the general terms and conditions of:
CONSTRUCT by aether, an Altum Company brand
Tortelduif 4
7827 NL Emmen
The Netherlands
T: (085) 004-6425
E: info@constructpc.com
Chamber of Commerce (KvK): 90782038
VAT Number: NL004840382B14
1.2 To keep these terms clear and understandable, the following terms have the defined meanings set forth below:

• Consumer: A Customer acting for purposes outside their trade, business, or professional activity.

• Right of Withdrawal: The right of a Consumer to cancel a distance contract or off-premises contract without giving any reason, as referenced in Article 6:230o of the Dutch Civil Code (Burgerlijk Wetboek).

• Customer: Any party (including legal entities) that enters into an Agreement with the Online Store.

• Agreement: Any contractual relationship between the Online Store and the Customer.

• Online Store: The entity named in Article 1.1.1.3 In these general terms and conditions, the Online Store and the Customer are collectively referred to as "We" or "Us." The terms "You" and "Your" refer to the Customer.

Article 2 – Applicability
2.1 These general terms and conditions apply to every offer made by the Online Store and to every Agreement between You and the Online Store. Any general terms and conditions used by You do not apply unless explicitly confirmed in writing by the Online Store.
2.2 If any provision in these general terms and conditions is determined to be void or voidable, all remaining provisions shall remain in full force and effect. In such case, We will mutually agree upon replacement provisions that reflect the purpose and intent of the original provision as closely as possible.
2.3 In the event of a conflict between the terms of the Agreement and these general terms and conditions, the provisions of the Agreement shall prevail. Any deviations from these general terms and conditions are valid only if explicitly confirmed in writing by the Online Store.

Article 3 – Offers
3.1 Every offer made by the Online Store is non-binding and may be accepted within the period specified in the offer. If no acceptance period is specified, a period of 14 days applies. Partial acceptance or partial rejection of an offer is not permitted and will cause the entire offer to lapse.
3.2 The Online Store ensures that an offer includes an accurate and complete description of the products, digital content, and/or services covered. Any visual elements (such as images or videos) included in an offer provide a true representation of the products, digital content, and/or services.
3.3 The Online Store is not bound by an offer in the case of obvious errors or clerical mistakes (such as typographical or calculation errors).

Article 4 – Performance of the Agreement and Delivery
4.1 An Agreement is formed once You accept the Online Store's offer and satisfy all specified requirements. Within a reasonable time following the conclusion of the Agreement—and no later than upon delivery of the goods or prior to the execution of a service—You will receive confirmation from the Online Store containing:

• All information referred to in Article 6:230m(1) of the Dutch Civil Code (DCC), unless You already received this on a durable medium prior to entering into the Agreement; and

• Where applicable, confirmation of Your explicit prior consent and acknowledgement as referred to in Article 6:230p(g) DCC.

Until You receive this confirmation, You reserve the right to rescind the Agreement.
4.2 The Online Store will make every effort to perform the Agreement with due care and promptness and to deliver Your orders as quickly as possible. Delivery will occur within 30 days of the conclusion of the Agreement unless a different delivery period has been agreed upon. If the Online Store fails to deliver within this timeframe, You have the right to rescind the Agreement.
4.3 Deliveries are made to the address You provided to the Online Store. If that address is located outside the Netherlands, the Online Store reserves the right to reject Your order without incurring any liability for damages.
4.4 The Online Store carefully selects personnel to execute the Agreement and reserves the right to engage third parties, such as subcontractors or agents. The carrier assigned to deliver products will be disclosed to You in advance. Any risk of loss or damage to products during transit rests with the Online Store, unless explicitly agreed otherwise.
4.5 You must provide the Online Store in a timely manner with all information specified as necessary, or that You should reasonably understand to be necessary, for the performance of the Agreement. If You fail to provide such information, the Online Store reserves the right to suspend performance of the Agreement, among other legal remedies.

Article 5 – Pricing
5.1 If You are a Consumer, all listed prices and rates include surcharges, duties, taxes (such as VAT), and ancillary fees (such as shipping and handling costs). If You are not a Consumer, all listed prices are exclusive of VAT and other duties/taxes unless explicitly stated otherwise.
5.2 Products and/or services subject to price fluctuations in financial markets beyond the Online Store's control may be offered at variable prices. The Online Store will clearly disclose variable pricing where applicable.
5.3 The Online Store reserves the right to adjust prices within 3 months of the Agreement's formation if such changes result from statutory laws or regulations. After 3 months, the Online Store also reserves the right to pass on increases in delivery, freight, shipping, service, and administrative costs.
5.4 If You are a Consumer, You have the right to rescind the Agreement in the event of price increases under Article 5.3. If You are not a Consumer, You may only rescind the Agreement if the price increase exceeds 5% of the total agreed price, unless the Online Store offers to absorb the portion of the increase exceeding 5%.

Article 6 – Payment
6.1 Invoices from the Online Store must be paid within 14 days of entering into the Agreement, unless agreed otherwise. If You are a Consumer, statutory regulations prohibit requiring an advance payment exceeding 50% of the total price.
6.2 If You are a Consumer, You will only be in default of Your payment obligations after receiving a formal notice of default from the Online Store allowing a cure period of at least 14 days (beginning the day after receipt of notice). If You fail to pay within this period, You will owe statutory interest and out-of-court collection costs. Out-of-court collection costs are calculated as follows (subject to a minimum fee of €40):

• 15% on outstanding amounts up to €2,500

• 10% on the next €2,500

• 5% on the next €5,000

• 1% on the next €190,000

• 0.5% on any remaining balance

6.3 If You are not a Consumer, You may not offset, suspend, or reduce payments due to the Online Store, and You will automatically be in default upon failure to pay on time. Statutory commercial interest will accrue from the invoice due date until full payment is made, without requiring a prior demand or notice of default. The Online Store reserves all other legal rights and remedies.
6.4 Payments received will first be applied to accrued interest and collection costs, and subsequently to the oldest outstanding invoices due.
6.5 In the event of liquidation, dissolution, bankruptcy, or suspension of payments (moratorium) of the Customer, or if the Customer loses free management or control of its assets, all (payment) obligations of the Customer become immediately due and payable.

Article 7 – Warranties
7.1 The Online Store warrants that delivered products and/or services conform to the Agreement. This includes meeting reasonable expectations based on the nature of the product/service and statements made by the Online Store (e.g., regarding quantity, dimensions, or weight). All products and services comply with applicable legal requirements in effect at the time the Agreement is concluded. Different or additional terms may apply if You are not a Consumer.
7.2 If You are a Consumer, any additional warranties provided by the Online Store do not limit or affect Your statutory rights under applicable consumer protection laws.
Article 8 – Intellectual Property Rights
8.1 All intellectual property rights, including copyrights, in all offers, designs, images, drawings, and models provided to You by the Online Store remain the exclusive property of the Online Store, unless explicitly agreed otherwise in writing. Documents, data, and materials provided by the Online Store are intended strictly for Your use as a Customer and may not be reproduced, published, or disclosed to third parties without prior written consent from the Online Store.

Article 9 – Right of Withdrawal
9.1 If You are a Consumer and the transaction constitutes a distance contract or off-premises contract (pursuant to Article 6:230g of the Dutch Civil Code), You are entitled to exercise Your Right of Withdrawal without stating any reason within 14 days. The 14-day cancellation window begins:
a. For contracts concerning the purchase of tangible goods:
On the day You, or a designated third party (other than the carrier), take physical possession of the product, provided that:

• If an order consists of multiple items delivered separately, or shipments consisting of multiple parts, the period begins on the day the final item, shipment, or part is received;

• If the contract involves regular delivery of products over a set period, the period begins on the day the first item is received;

b. For service contracts:
On the day the Agreement is concluded;
c. For contracts covering the supply of water, gas, electricity (not set up for sale in a limited volume or set quantity), district heating, or digital content not supplied on a tangible medium:
On the day the Agreement is concluded.
9.2 To exercise Your Right of Withdrawal, You must notify the Online Store by an unequivocal statement. You may use the withdrawal form provided by the Online Store (attached to these general terms and conditions). You must dispatch Your notice prior to the expiration of the withdrawal period referenced in Article 9.1.
9.3 If the Online Store fails to provide You with the required statutory withdrawal form/information, the 14-day period referenced in paragraph 1 shall be extended by up to 12 months, or until such time as the form is provided.
9.4 Upon exercising Your Right of Withdrawal, You must:

• Handle the received items and packaging with care. You may unpack or inspect items only to the extent necessary to establish their nature, characteristics, and functioning. You are liable for any diminished value resulting from improper handling, unless the Online Store failed to provide all legally required withdrawal information prior to or at contract conclusion;

• Return the product to the Online Store within 14 days from the date You submitted Your withdrawal notice pursuant to Article 9.2. You bear the direct cost of returning the goods, provided the Online Store informed You of this obligation prior to entering into the Agreement;

• Return items with all supplied accessories, in their original condition and packaging where reasonably possible, and in accordance with the Online Store's reasonable instructions.

9.5 Exercising Your Right of Withdrawal terminates the Agreement and any ancillary agreements. The Online Store will reimburse all payments received from You, including standard delivery charges, within 14 days of receiving Your notice of withdrawal.
9.6 You bear the burden of proof and risk for correctly and timely exercising Your Right of Withdrawal.

Article 10 – Exclusion of Right of Withdrawal
10.1 If You are not a Consumer, You are not entitled to exercise a Right of Withdrawal, even if a withdrawal form was received.
10.2 If You are a Consumer, the Right of Withdrawal may be excluded—notwithstanding Article 9—provided the Online Store clearly informed You of such exclusion prior to concluding the Agreement, and the exclusion applies to:

• Contracts for goods or services whose price depends on financial market fluctuations beyond the Online Store's control occurring within the withdrawal period;

• Contracts where You specifically requested a visit from the Online Store to perform urgent repairs or maintenance, excluding:

  • Any additional services not specifically requested;

  • Goods other than replacement parts necessary for maintenance or repairs;

• Contracts concluded during a public auction;

• Service contracts after full performance, provided performance began with Your explicit prior consent and Your acknowledgement that You waive Your right of withdrawal once the contract is fully performed;

• Service contracts for non-residential accommodation, goods transportation, vehicle rental, catering, or leisure activities, if a specific date or period of performance is stipulated;

• Consumer purchases (pursuant to Article 7:5(1)(a) DCC) regarding:

  • Goods manufactured according to Your individual specifications, choices, or decisions, or clearly personalized for a specific individual;

  • Goods liable to deteriorate or expire rapidly;

  • Sealed goods not suitable for return due to health protection or hygiene reasons, if unsealed after delivery;

  • Goods that, after delivery, are by their nature inseparably mixed with other items;

  • Alcoholic beverages whose price was agreed upon contract conclusion, but delivery can only take place after 30 days, and whose actual value depends on market fluctuations beyond the Online Store's control;

  • Sealed audio/video recordings or computer software unsealed after delivery;

  • Newspapers, periodicals, or magazines, with the exception of subscription contracts for such publications;

• Contracts for digital content not delivered on a tangible medium, if performance has begun with Your explicit prior consent, Your acknowledgement of waiving Your Right of Withdrawal, and the Online Store provided confirmation pursuant to Article 6:230t(2) or Article 6:230v(7) DCC.

Article 11 – Termination and Subscriptions
11.1 If an Agreement allows for termination, notice must be given in accordance with the rules and notice periods agreed upon with the Online Store.
11.2 If You are a Consumer, the following rules and notice periods apply to contract terminations (from which the Online Store may not deviate to Your detriment):

• Indefinite-term contracts for regular delivery of goods (including electricity, heating, and cooling) or services may be terminated by You at any time.

• Fixed-term contracts for regular delivery of goods (including electricity, heating, and cooling) or services may be terminated effective as of the end of the fixed term. If tacitly extended, You may terminate at any time thereafter.

• The notice period shall not exceed one month, unless the contract involves regular delivery of newspapers, periodicals, or magazines delivered less than once a month (in which case the maximum notice period is three months).

• Fixed-term contracts for regular delivery of goods or services may not be tacitly extended for a fixed duration, except for newspapers, periodicals, or magazines. In that exception, tacit extension for up to three months is permitted, during which You may terminate with a maximum one-month notice period.

• Trial or introductory subscriptions for newspapers, periodicals, or magazines end automatically upon expiration of the trial period without requiring notice.

• Contracts with a duration exceeding one year may be terminated at any time after the first year subject to a maximum one-month notice period, unless reasonableness and fairness preclude early termination.

11.3 If You are not a Consumer, You may terminate the Agreement only if explicitly provided for in the Agreement and strictly in accordance with its specified terms and notice periods.

Article 12 – Personal Data and Privacy
12.1 The Online Store processes personal data strictly in accordance with applicable privacy laws and regulations (GDPR). Specifically:

• Personal data is processed only when supported by a valid legal basis under Article 6 of the General Data Protection Regulation (GDPR);

• The Online Store implements appropriate technical and organizational security measures to safeguard personal data;

• Personal data is shared with third parties only when compatible with the purpose for which it was collected and in compliance with all legal requirements;

• Personal data is retained no longer than necessary for its intended purposes, unless longer retention is required by law;

• You retain the right to access, correct, erase, restrict processing of, object to the processing of, and (where applicable) port Your personal data.

Article 13 – Complaints Procedure
13.1 The Online Store maintains a clear complaints procedure and handles all complaints in accordance with this policy.
13.2 If You have a complaint regarding the performance of the Agreement, You must submit a fully described and clear complaint to the Online Store within two months of discovering the defect.
13.3 The Online Store will respond to complaints within 14 days of receipt. If a complaint requires additional processing time, You will receive an acknowledgment of receipt within 14 days, including an estimated timeframe for a detailed response.

Article 14 – Governing Law and Jurisdiction
14.1 The Agreement is governed exclusively by Dutch law.

14.2 In addition to the complaints procedure set forth in Article 13, disputes may be submitted to a court of law. Any legal proceedings shall be submitted exclusively to the competent court in the district where the Online Store is established, to the exclusion of all other judicial authorities and arbitration, unless mandatory statutory provisions dictate otherwise.