Terms of service

Article 2 - Entrepreneur's Identity

Finlew
2953858-4
Harmaaniityntie 12
02780 Espoo

Email: info@finlew.com 

Article 3 - Applicability

These general terms and conditions apply to all offers made by the entrepreneur and to all distance contracts and orders concluded between the entrepreneur and the consumer.

Before concluding a distance contract, these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before concluding the distance contract that the general terms and conditions are available for inspection at the entrepreneur's premises and will be sent to the consumer free of charge upon request as soon as possible.

If the distance contract is concluded electronically, notwithstanding the provision above, the text of these general terms and conditions must be made available to the consumer electronically before concluding the distance contract in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before concluding the distance contract where the general terms and conditions can be electronically accessed and that they will be sent to the consumer electronically or otherwise free of charge upon request.

If, in addition to these general terms and conditions, specific terms and conditions apply to certain products or services, the second and third paragraphs shall apply mutatis mutandis. In case of conflict between these general terms and conditions and the specific terms and conditions, the consumer may always rely on the provision that is most favorable to them.

If one or more provisions in these general terms and conditions are null and void in whole or in part at any time, the agreement and these conditions shall remain otherwise in effect, and the provision concerned shall be immediately replaced by a provision that most closely reflects its original scope by mutual agreement.

Matters not governed by these general terms and conditions shall be assessed in the "spirit of these general terms and conditions."

Ambiguities in the interpretation or content of one or more provisions of our terms shall be interpreted in accordance with the spirit of these general terms and conditions.

 

Article 4 - Offer

If the validity period of an offer is limited or subject to conditions, this will be explicitly mentioned in the offer.

The offer is non-binding. The entrepreneur has the right to modify and adapt the offer. The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed for the consumer to assess the offer properly. If the entrepreneur uses images, they shall be a true representation of the products and/or services offered. Obvious errors or obvious mistakes in the offer do not bind the entrepreneur.

All images, specifications, and information in the offer are indicative and cannot lead to damages or contract termination. The images of the products represent a true depiction of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products. Each offer includes information enabling the consumer to understand the rights and obligations related to accepting the offer. This particularly concerns the following:

Price excluding customs costs and import value-added tax. These additional costs are at the expense and risk of the customer. The postal and/or courier service uses a special regulation concerning imports. This regulation applies if the goods are imported into an EU destination, as in this case. The postal and/or courier service collects value-added tax (either together with or in addition to customs clearance fees) from the recipient of the goods;

Specific additional customs clearance fees and/or import duties are therefore not included in the price and are the responsibility of the customer.

Possible delivery costs;

The manner in which the contract will be concluded and the actions required for it;

Whether the right of withdrawal applies or not;

Payment, delivery, and performance methods;

The deadline for accepting the offer within which the entrepreneur guarantees the price;

The amount of the remote communication cost if the costs of using remote communication technology are calculated on a basis other than the usual base rate for the communication medium used;

Whether the contract will be archived after it has been concluded and, if so, how the consumer can access it;

How the consumer, before entering into the contract, can check the information provided in conjunction with the contract and, if desired, restore it;

Languages other than the Dutch language in which the contract can be concluded;

The codes of conduct the trader follows and how the consumer can electronically access these codes of conduct; and

The minimum duration of the distance contract, if it concerns a continuing performance. Optional: available sizes, colors, material type.

 

Article 5 - Contract

Unless otherwise provided by the provisions of point 4, the contract shall enter into force when the consumer has accepted the offer and fulfilled the conditions set therein.

If the consumer has accepted the offer electronically, the trader immediately confirms receipt of the acceptance of the offer electronically. As long as the trader has not confirmed receipt of the acceptance, the consumer may dissolve the contract.

If the contract is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to protect electronic data transmission and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur follows appropriate security measures.

The entrepreneur, within legal frameworks, may ascertain whether the consumer can meet their payment obligations, as well as all those factors and elements essential to the responsible conclusion of the distance contract. If, based on this inquiry, the entrepreneur has justified grounds not to enter into the contract, they have the right to refuse an order or application, or to attach special conditions to its implementation, while justifying their decision.

The entrepreneur must include the following information with the product or service delivered to the consumer in writing or in a way that the consumer can easily store it on a readily available durable medium:

1. The trader's place of business address where the consumer can lodge complaints;
2. The conditions and manner for exercising the right of withdrawal, or a clear statement of the exclusion of the right of withdrawal;
3. Information about warranties and after-sales service;
4. The information referred to in Article 4(3) of these terms, unless the entrepreneur has already provided this information to the consumer before entering into the contract;
5. Requirements for terminating the contract if the contract is valid for more than a year or is of indefinite duration.

If it is a continuing performance, the requirement of the preceding point shall apply only to the initial delivery.
Each contract is concluded on the condition that the relevant products are sufficiently available.

 

Article 6 - Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the contract without justification within 14 days. This reflection period begins the day after the consumer or an appointed representative, previously informed to the trader, has received the product.

During this reflection period, the consumer must handle the product and packaging with care. They may unpack or use the product only to the extent necessary to assess whether they wish to keep it. If the consumer exercises their right of withdrawal, they must return the product to the trader with all delivered accessories and, if reasonably possible, in its original condition and packaging according to the trader's reasonable and clear instructions.

If the consumer wishes to exercise their right of withdrawal, they must inform the trader within 14 days of receiving the product. The consumer must communicate this via written message/email. Once the consumer has notified their intent to exercise the right of withdrawal, they must return the product within 14 days. The consumer must provide evidence that the delivered goods have been returned on time, for instance, with a dispatch note.

If the customer has not expressed their intention to exercise their right of withdrawal or has not returned the product to the trader after the deadlines mentioned in points 2 and 3 have expired, the purchase is considered final.

Article 7 - Costs of Withdrawal

If the consumer exercises their right of withdrawal, the costs related to returning the products are the responsibility of the consumer.

If the consumer has paid a certain amount, the entrepreneur will refund this sum as soon as possible and no later than 14 days from the withdrawal. This is contingent upon the entrepreneur having already received the product back or having received convincing evidence of the complete return. 

Article 8 - Exclusion of the Right of Withdrawal

The entrepreneur has the option to exclude the consumer's right of withdrawal concerning the products mentioned in points 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly notified this in the offer at least in good time before the conclusion of the contract.

The exclusion of the right of withdrawal is possible only for products that are:

1. Manufactured according to the consumer's specifications;
2. Clearly personal in nature;
3. Unreturnable due to their nature;
4. Perishable or have an expiration date;
5. Subject to fluctuations in financial markets that the entrepreneur cannot control;
6. Individual newspapers and periodicals;
7. Sealed audio or video recordings or computer software where the consumer has broken the seal.
8. Hygiene products where the consumer has broken the seal.

The exclusion of the right of withdrawal is possible only for services that:

1. Relate to accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
2. Have commenced with the consumer's explicit consent before the end of the consideration period;
3. Involve betting and lotteries.

Article 9 - Price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in the value-added tax rate.

Notwithstanding the above, the entrepreneur can offer products or services with variable prices influenced by financial market fluctuations that the entrepreneur cannot control. This connection to fluctuations and the indication that the prices mentioned are target prices will be stated in the offer.

Price increases within three months after the contract is concluded are only permitted if they result from legislation or regulations.

Price increases occurring after three months from the conclusion of the contract are allowed only if the entrepreneur has stipulated it and:

1. they result from legal regulations or provisions; or
2. the consumer has the right to terminate the contract on the day the price increase takes effect.

According to Section 5(1) of the 1968 Value Added Tax Act, the place of delivery is the country from which the transport starts. In this case, the delivery is made outside the EU. Therefore, the postal or courier service charges the customer for import value-added tax or customs clearance fee. Consequently, the entrepreneur does not charge value-added tax.

All prices may contain printing errors. No responsibility is taken for the consequences of printing and typographical errors. In cases of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Compliance and Warranty

The entrepreneur ensures that the products and/or services comply with the contract, the specifications mentioned in the offer, reasonable reliability and/or usability requirements, and the applicable laws and/or official regulations on the date of the contract. If agreed upon, the entrepreneur also guarantees that the product is suitable for a purpose other than its usual use.

Any guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer can assert against the entrepreneur based on the contract.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The returned products must be in their original packaging and in new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never liable for the final suitability of the products for each individual purpose of the consumer or for advice on the use or application of the products.

The warranty is not valid if: The consumer has themselves repaired and/or modified the delivered products or has assigned their repair and/or modification to a third party; The delivered products have been exposed to unusual conditions or handled carelessly in any other way or contrary to the entrepreneur's instructions and/or the instructions provided in the packaging;

The defect is entirely or partially due to regulations established or to be established by the government regarding the nature or quality of the materials used.