TERMS & CONDITIONS CONSUMER

Definitions

In these Terms & Conditions, the following words have the meaning stated after them, unless the context indicates otherwise:
Reflection period means the period within which a consumer can make use of his right of withdrawal;
Consumer means the natural person who is not acting for purposes related to his trade, business, craft or professional activity;
Day means calendar day;
Digital content means data that is produced and delivered in digital form;
Durable data carrier means any tool – including Email – that enables a consumer or Protolyse to store information that is addressed to him personally in a way that facilitates future consultation or use during a period that is tailored to the purpose for which the information is intended and which allows unaltered reproduction of the stored information;
Right of withdrawal means the possibility for a consumer to cancel the agreement within the reflection period at a distance;
Agreement on Distance means an agreement concluded between Protolyse and a consumer within the framework of an organized system for distance sales of products, digital content and/or services whereby exclusive or partial use is made of one or more remote communication techniques;
Withdrawal form means the form included in the Appendix to these Terms and Conditions for a consumer to withdraw from the agreement on distance within the reflection period;
Protolyse means the company Protolyse B.V., located at Radiumstraat 10, Groningen, The Netherlands; and
Website means the website of Protolyse, being www.protolyse.com.

Applicability

1. These Terms and Conditions apply to every offer from Protolyse and to any agreement on distance concluded between Protolyse and a consumer.
2. Before the agreement on distance is concluded, the text of these Terms and Conditions will be made available to the consumer electronically in such a way that they can be easily stored by the consumer on a durable medium. If this is not reasonably possible, Protolyse will indicate before the agreement on distance is concluded how the Terms and Conditions can be inspected electronically and that they will be sent free of charge at the consumer’s request electronically or otherwise.
3. In the event that specific product or service conditions apply in addition to these Terms and Conditions, the second applies and the consumer can always rely on the applicable provision that is most favorable to him in the event of conflicting Terms and Conditions.

Offer

1. Obvious mistakes or errors in the range of products, digital content and/or services are not binding for Protolyse.
2. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Agreement

1. The agreement is concluded at the time of acceptance by the consumer of the offer and compliance with the corresponding Terms and Conditions.
2. If the consumer has accepted the offer electronically, Protolyse will immediately confirm receipt of the acceptance of the offer electronically.

Right of withdrawal

1. The consumer can terminate an agreement regarding the purchase of a product during a reflection period of 14 days without giving reasons.
2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
   1. if the consumer has several products in the same order ordered: the day on which the consumer, or a third party designated by him, has received the last product. Protolyse may, provided it has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times;
   2. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part; or
   3. in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
3. The consumer can terminate a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium within 14 days without giving reasons.
4. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Handling of product during reflection period

1. During the reflection period the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
2. The consumer is liable for the depreciation of the product that is the result of a way of handling of the product that goes further than permitted in paragraph 1.

Exercising the right of withdrawal

1. When the consumer makes use of his right of withdrawal, he must report this to Protolyse within the reflection period by means of the withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) Protolyse. This is not necessary if Protolyse has offered to collect the product itself. The consumer has in any case complied with the return period if he returns the product before the reflection period has expired.
3. The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the instructions provided by Protolyse.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product.
6. If the provision of the service commences during the reflection period, the consumer owes an amount that is proportional to that part of the obligation that was fulfilled by the entrepreneur at the time of withdrawal, compared to the full compliance with the obligation.

Obligations of Protolyse in case of withdrawal

1. If Protolyse makes the notification of withdrawal by the consumer possible electronically, after receiving this notification he will immediately send a confirmation of receipt.
2. Protolyse will reimburse all payments made by the consumer, including any delivery costs charged by Protolyse for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless Protolyse offers to collect the product himself, he may wait with paying back until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
3. Protolyse uses the same payment method used by the consumer for reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, Protolyse does not have to reimburse the additional costs for the more expensive method.

Excluding right of withdrawal

Protolyse excludes the following from the right of withdrawal:

1. 1. Service contracts, after full performance of the service, but only if (i) the performance has started with the express prior consent of the consumer, and (ii) the consumer has declared that he will lose his right of withdrawal as soon as Protolyse has fully performed the agreement.
   2. Products manufactured according to the consumer’s specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person.
   3. Products that spoil quickly or have a limited shelf life.
   4. Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery.
   5. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery.
   6. Newspapers or magazines, with the exception of subscriptions to these.
   7. The delivery of digital content other than on a tangible medium, but only if (i) the performance has started with the express prior consent of the consumer, and (ii) the consumer has declared that he will lose his right of withdrawal by doing so.

Price

1. During the period of validity stated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, Protolyse can offer products and/or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if Protolyse has stipulated this and:
   1. they are the result of statutory regulations or provisions; or
   2. the consumer has the authority to cancel the agreement on the day on which the price increase takes effect.
5. The prices stated in the offer of products and/or services include VAT.

Fulfillment of the agreement and extra warranty

1. Protolyse guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and/or government regulations.
2. In any case, no claim can be made under paragraph 1 of this article (i) in case of damage due to intent or negligence, (ii) in case of normal wear and tear and/or (iii) in case of damage due to incorrect or not observing the instructions before use.
3. An extra guarantee provided by Protolyse his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against Protolyse on the basis of the agreement if Protolyse has failed to fulfill its part of the agreement.
4. An additional guarantee is understood to mean any obligation of Protolyse, its supplier, importer or producer in which it grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to comply with his part of the agreement.

Execution of the agreement and delivery

1. Protolyse will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to Protolyse.
3. The consumer must provide the correct address and Email address to Protolyse. Any changes to this must also be communicated to Protolyse in good time. If the consumer has provided a wrong address for the delivery, the additional shipping costs will be borne by the consumer.
4. Delivery takes place while stocks last.
5. Ownership of the delivered products is transferred to the consumer after the amount due has been paid. The risk of the products is transferred to the consumer at the time of delivery.
6. Protolyse will execute accepted orders within 30 days at the latest, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot or only partially be executed, 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 terminate the agreement without costs.
7. After dissolution in accordance with the previous paragraph, Protolyse will immediately refund the amount paid by the consumer.
8. The risk of damage and/or loss of products rests with Protolyse until the moment of delivery to the consumer or a pre-designated representative made known to Protolyse, unless explicitly agreed otherwise.

Payment

1. Unless otherwise stipulated in the agreement, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
2. The consumer has the duty to report inaccuracies in provided or stated payment details to Protolyse without delay. Payment orders for giro and banking institutions are at the expense and risk of the person who gives the order (or authorization) for payment.

Accounts and Registration

1. The consumer can create an account or otherwise register on the website. Protolyse reserves the right to refuse an application for such a registration or to withdraw the registration, for example after detection of irregularities.
2. The login details are strictly personal and may not be made available to third parties. The consumer is responsible for the use of his login details, even if this happens without his knowledge.
3. The consumer will immediately warn Protolyse if he suspects that his login details are known to a third party or irregularities occur in any other way.
4. The consumer is not allowed to request or manage more than one account. Furthermore, the consumer is not allowed to request or manage an account (again) after Protolyse has refused the consumer’s request for an account or has canceled an account of the consumer after registration.

Case of force majeure

Protolyse and the consumer are not obliged to fulfill any obligation, if they are prevented from doing so as a result of a circumstance that is not due to its fault, and neither under the law, a legal act or generally accepted views on its account.

Complaints procedure

1. Protolyse has a well-publicized complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to Protolyse as soon as possible after the consumer has discovered the defects, fully and clearly described.
3. Complaints submitted to Protolyse will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Protolyse will reply within the period of 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.

Privacy and security

1. Protolyse respects the privacy of the customer. Protolyse handles and processes all personal data provided to it in accordance with the applicable legislation, in particular the Personal Data Protection Act. The customer consents to this processing. Protolyse uses appropriate security measures to protect the personal data of the customer.
2. For more information about privacy reference is made to the Privacy Policy, which can be viewed on the Protolyse website (www.license.protolyse.com).

Additional

1. Any deviations from these Terms and Conditions can only be agreed in writing. No rights can be derived from such deviations with regard to legal relationships entered into later.
2. The administration of Protolyse applies, unless proof to the contrary, as proof of the requests and/or orders made by the consumer. The consumer acknowledges that electronic communication can serve as proof.
3. Protolyse is entitled to transfer the rights and obligations under the agreement with you by a single notification to you to a third party.
4. If and insofar as any provision of the Terms and Conditions is declared null and void or is nullified, the other provisions of these Terms and Conditions will remain in full force. Protolyse will then determine a new provision to replace the void/voided provision, whereby the purport of the void/voided provision will be taken into account as much as possible.

Applicable law

Agreements, and all non-contractual obligations arising therefrom, between Protolyse and the consumer to which these Terms and Conditions apply, are exclusively governed by Dutch law.

Terms and Conditions 2025-01-01