General Terms and Conditions
Terms and Conditions
This website is operated by Omaya. Throughout the site, the terms “we,” “us,” “our,” and “entrepreneur” refer to Omaya. Omaya offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available via hyperlink. These Terms of Service apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and/or content contributors.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission from us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ARTICLE 1 – DEFINITIONS
In these Terms and Conditions, the following terms shall have the following meanings:
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Reflection period: the period within which the consumer can make use of their right of withdrawal;
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Consumer: the natural person not acting in the course of a profession or business who enters into a distance contract with the entrepreneur;
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Date: 01-01-2024;
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Continuous transaction: a distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time;
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Durable medium: any tool that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information;
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Right of withdrawal: the consumer’s ability to cancel the distance contract within the reflection period;
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Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
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Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services, where exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract;
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Technique for distance communication: a means that can be used for concluding a contract, without the consumer and entrepreneur being in the same place at the same time;
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General Terms and Conditions: the current General Terms and Conditions of the entrepreneur.
ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR
Company name: Omaya
Chamber of Commerce number: 74094424
Trade name: Justus Eigenbrood
VAT number: NL002423016B81
Customer service email: info@googroove.nl
Business address: Kaapse Bossen 26, Vleuten, 3452NR, Netherlands
ARTICLE 3 – APPLICABILITY
These general terms and conditions apply to every offer made by 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, the consumer will be informed, before the distance contract is concluded, that the general terms and conditions are available for inspection at the entrepreneur’s premises and that they will be sent free of charge to the consumer upon request.
If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract 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 medium. If this is not reasonably possible, the consumer will be informed, before the distance contract is concluded, where the general terms and conditions can be accessed electronically and that they will be sent free of charge, electronically or otherwise, upon request.
If, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly, and in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favorable to them.
If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions shall otherwise remain in effect, and the provision in question shall be replaced immediately by a provision that approximates the intent of the original as closely as possible, by mutual agreement.
Situations not covered by these general terms and conditions should be assessed "in the spirit" of these terms.
Uncertainties regarding the interpretation or content of one or more provisions should also 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 reserves the right to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services being offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
All images and specifications in the offer are indicative and cannot give rise to compensation or cancellation of the agreement.
Product images are a faithful representation of the offered products. However, the entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer includes sufficient information so that it is clear to the consumer what the rights and obligations are associated with accepting the offer. This includes in particular:
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the price, excluding customs clearance fees and import VAT. These additional charges are the responsibility of the customer. The postal and/or courier service will apply the special scheme for postal and courier services regarding importation into the EU destination country, which applies in this case. The postal or courier service will collect VAT (possibly together with any clearance fees) from the recipient of the goods;
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any shipping costs;
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the manner in which the agreement will be concluded and the steps required to do so;
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whether or not the right of withdrawal applies;
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the method of payment, delivery, and performance of the contract;
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the term for accepting the offer, or the period during which the entrepreneur guarantees the price;
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the rate for remote communication if the costs of using remote communication technology are calculated on a basis other than the standard base rate for the used means of communication;
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whether the agreement will be archived after conclusion, and if so, how it can be accessed by the consumer;
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the way the consumer can review and, if necessary, correct the information they provided before concluding the agreement;
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the possible languages in which the agreement can be concluded, in addition to Dutch;
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the codes of conduct to which the entrepreneur has committed and the way the consumer can consult these codes electronically;
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the minimum duration of the distance contract in 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 of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of the acceptance of the offer 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 transfer of data and ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur shall observe appropriate security measures for such electronic payment.
The entrepreneur may – within legal limits – inquire whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has sound reasons not to enter into the agreement, they are entitled to refuse an order or request, or to attach special conditions to its execution.
The entrepreneur will send the following information to the consumer at the latest upon delivery of the product, service, or digital content, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
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the contact information of the entrepreneur’s business location where the consumer can lodge complaints;
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the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
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information about warranties and existing after-sales service;
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the price including all taxes of the product, service, or digital content; where applicable, the costs of delivery; and the method of payment, delivery, or performance of the distance contract;
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the requirements for terminating the agreement if the contract is of indefinite duration or has a duration of more than one year;
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if the consumer has a right of withdrawal, the model withdrawal form.
In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
shall observe appropriate security measures.
The entrepreneur may – within the boundaries of the law – assess whether the consumer can meet their payment obligations, as well as any relevant facts and factors necessary for responsibly entering into a distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the agreement, they are entitled to reject an order or request with justification or to attach special conditions to its execution.
The entrepreneur shall include the following information with the product or service to the consumer, either in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
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the physical address of the entrepreneur’s business where the consumer can submit complaints;
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the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement indicating when the right of withdrawal is excluded;
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information about warranties and existing after-sales service;
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the data specified in Article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the agreement is executed;
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the conditions for terminating the agreement if it has a duration of more than one year or is of indefinite duration.
In the case of a long-term transaction, the above applies only to the first delivery.
Each 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 right to dissolve the agreement without giving any reason within 14 days. This reflection period begins on the day after the consumer, or a representative previously designated by the consumer and known to the entrepreneur, has received the product.
During the reflection period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises their right of withdrawal, they shall return the product with all supplied accessories 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.
If the consumer wishes to use their right of withdrawal, they are required to notify the entrepreneur within 14 days of receiving the product. This notification must be made in writing or via email. After informing the entrepreneur, the customer must return the product within 14 days. The consumer must be able to prove that the items were returned in time, for example by providing proof of shipment.
If the customer has not notified the entrepreneur of their intention to withdraw after the deadlines mentioned in paragraphs 2 and 3, or has not returned the product, the purchase becomes final.
ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL
If the consumer makes use of the right of withdrawal, the return shipping costs shall be borne by the consumer.
If the consumer has already made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the withdrawal. The condition for this refund is that the returned product has already been received by the online store or that conclusive proof of full return has been provided.
ARTICLE 8 – EXCLUSION OF RIGHT OF WITHDRAWAL
The entrepreneur may exclude the consumer’s right of withdrawal for the products and services described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, or at least in good time before the agreement is concluded.
Exclusion of the right of withdrawal is only possible for products:
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that have been made to the consumer’s specifications;
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that are clearly personal in nature;
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that cannot be returned due to their nature;
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that spoil or age quickly;
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whose price is subject to fluctuations in the financial market that are beyond the entrepreneur’s control;
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that are individual newspapers or magazines;
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that are audio or video recordings or computer software of which the consumer has broken the seal;
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that are hygiene products of which the seal has been broken by the consumer.
Exclusion of the right of withdrawal is only possible for services:
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relating to accommodation, transportation, restaurant services, or leisure activities to be carried out on a specific date or during a specific period;
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whose performance has begun with the explicit consent of the consumer before the reflection period has ended;
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related to betting and lotteries.
ARTICLE 9 – PRICE
We reserve the right to change the prices of the offered products and/or services during the validity period stated in the offer, including changes due to variations 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 that are beyond the entrepreneur’s control. This dependency on fluctuations and the fact that any prices provided are target prices will be clearly stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
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they are the result of statutory regulations or provisions; or
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the consumer has the right to terminate the agreement as of the date the price increase takes effect.
The place of delivery, pursuant to Article 5(1) of the Dutch VAT Act 1968, is the country where transport begins. In this case, delivery takes place outside the EU. Accordingly, the postal or courier service will collect import VAT and/or clearance fees from the recipient. Therefore, no VAT will be charged by the entrepreneur.
All prices are subject to typographical and printing errors. No liability is accepted for the consequences of such errors. In the event of typographical or printing 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 listed in the offer, reasonable standards of quality and/or usability, and any legal requirements and/or government regulations in force at the time the agreement is concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for use other than its normal intended purpose.
Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned 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 responsible for the product’s ultimate suitability for any specific use by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
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The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
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The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
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The defect is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.
ARTICLE 11 – DELIVERY AND EXECUTION
The entrepreneur will exercise the utmost care when receiving and fulfilling orders for products.
The place of delivery is deemed to be the address provided by the consumer 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 due speed 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 be fulfilled or only partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to cancel the agreement free of charge and may be entitled to compensation.
In the event of cancellation as outlined above, the entrepreneur will refund any amount paid by the consumer as soon as possible, but no later than 14 days after cancellation.
If delivery of a product proves to be impossible, the entrepreneur will make every effort to provide a replacement item. It will be clearly and comprehensibly communicated at the time of delivery that a replacement item is being supplied. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are at the entrepreneur’s expense.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a designated representative made known to the entrepreneur, unless explicitly agreed otherwise.
ARTICLE 12 – LONG-TERM CONTRACTS: DURATION, TERMINATION AND RENEWAL
Termination
The consumer may terminate a contract concluded for an indefinite period that involves 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.
The consumer may terminate a fixed-term contract that involves the regular delivery of products (including electricity) or services at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer has the right to:
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terminate the contracts referred to above at any time and not be limited to termination at a specific time or during a specific period;
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terminate them using the same method by which the contract was concluded;
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always terminate them with the same notice period that the entrepreneur has stipulated for themselves.
Renewal
A fixed-term contract that involves the regular delivery of products (including electricity) or services may not be automatically renewed or extended for a specified duration.
By way of exception, a fixed-term contract for the regular delivery of daily, news, and weekly newspapers and magazines may be automatically renewed for a maximum period of three months, provided that the consumer can terminate this extended contract at the end of the renewal period with a notice period of no more than one month.
A fixed-term contract that involves the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month, or a notice period of no more than three months if the contract involves the regular delivery of daily, news, and weekly newspapers and magazines occurring less than once a month.
A limited-term contract for the regular delivery of daily, news, and weekly newspapers and magazines for trial or introductory purposes (trial subscription) is not automatically renewed and ends automatically at the end of the trial or introductory period.
Duration
If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year, with a notice period of no more than one month, unless fairness and reasonableness prevent early termination before the end of the agreed term.
ARTICLE 13 – PAYMENT
Unless otherwise agreed, amounts due from the consumer must be paid within 7 working days after the start of the reflection period as defined in Article 6(1). In the case of a service agreement, this period begins once the consumer has received confirmation of the agreement.
The consumer is obliged to immediately report any inaccuracies in the provided or stated payment details to the entrepreneur.
In the event of non-payment by the consumer, and subject to legal restrictions, the entrepreneur is entitled to charge the consumer reasonable costs that have been made known in advance.
ARTICLE 14 – COMPLAINTS PROCEDURE
Complaints about the performance of the agreement must be submitted to the entrepreneur within 7 days after the consumer has identified the deficiencies, and must be fully and clearly described.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.
If a 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
All 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 outside the Netherlands.
ARTICLE 16 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our privacy policy, please refer to the relevant section on our website.
ARTICLE 17 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or within the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping costs, transit times, and availability.
We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We are under no obligation to update, amend, or clarify information in the Service or on any related website, including, but not limited to, pricing information, except as required by law.
No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
ARTICLE 18 – CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes on our website.
It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
ARTICLE 19 – CESOP
As of 2024, due to the new and stricter regulations related to the Amendment to the Dutch Turnover Tax Act 1968 (Implementation Act for the Payment Services Directive) and the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may be required to register transaction data in the European CESOP system.