Terms & conditions

Article 1 – Definitions

1. Consumer: a natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur.
2. Entrepreneur: a natural or legal person who offers products and/or services to consumers at a distance.
3. Distance contract: an agreement in which, within the framework of an organized system for distance selling of products and/or services, the conclusion of the agreement exclusively utilizes one or more means of communication at a distance.
4. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur

Article 2 – Entrepreneur’s Identity

Larus Holding BV trading under Aviation History Research & Publishing

Koolwitje 6

3892 GA Zeewolde

+31 6 55592365

info@larus.info

Netherlands Chamber of Commerce number: 39077768

VAT identification number: NL 810 505 769B01

Member: Netherlands Union of Journalists

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every remote agreement concluded and orders between the entrepreneur and the consumer. Before the remote agreement 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 remote agreement is concluded that the general terms and conditions can be viewed at the entrepreneur’s premises and they will be sent to the consumer free of charge upon request as soon as possible. If the remote agreement is concluded electronically, in deviation from the previous section, and before the remote agreement is concluded, the text of these general terms and conditions can be made available to the consumer by electronic means in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated where the general terms and conditions can be consulted by electronic means and that they will be sent to the consumer free of charge by other means upon request. In the event that in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply by analogy, and the consumer can always invoke the applicable provision that is most favorable to him/her in the event of conflicting general terms and conditions. If one or more provisions in these general terms and conditions are null and void or are annulled at any time, the agreement and these conditions shall remain in effect for the remainder, and the relevant provision shall be replaced by a provision that reflects the intent of the original as closely as possible, in mutual consultation. Situations that are not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions. Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall 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 expressly stated in the offer. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur. All images, specifications, data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products. Each offer shall contain such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular: the price including taxes; any shipping costs; the manner in which the agreement will be concluded and what actions are required for this; whether or not 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 amount of the rate for remote communication if the costs of using the remote communication technique are calculated on a basis other than the regular basic rate for the means of communication used; whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer; how the consumer, before concluding the agreement, can check the data provided by him/her in the context of the agreement and, if desired, restore it; any languages other than Dutch in which the agreement can be concluded; the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct by electronic means; and the minimum duration of the distance agreement in the case of a continuing performance contract. 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 of acceptance by the consumer of the offer and compliance with the conditions laid down. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose. The entrepreneur can, within the limits of the law, gather information about the consumer’s ability to fulfill his payment obligations, as well as all facts and factors relevant to responsibly concluding the distance agreement. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation. The entrepreneur shall send the following information with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

1. The visiting address of the business establishment of the entrepreneur where the consumer can go with complaints; b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. information about guarantees and existing service after purchase; d. the data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided the consumer with this information before the execution of the agreement; e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite. f. If an agreement has a duration of more than one year, or if it concerns a continuing performance contract, the consumer may terminate the agreement at any time after one year, with due regard for the reasonable termination rules of no more than one month and no more than three months in the case of an agreement that extends to the regular delivery of products (including electricity) or services.

Article 6 – Right of Withdrawal

Upon delivery of products:

When purchasing products, the consumer has the option to dissolve the agreement without giving any reason within 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated by the consumer and made known to the entrepreneur.

During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and, if reasonably possible, in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

Article 7 – Withdrawal Costs

If the consumer exercises his right of withdrawal, he shall be responsible for no more than the costs of returning the goods.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.

Article 8 – Exclusion Right of Withdrawal

The entrepreneur can exclude the right of withdrawal of the consumer for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

1. That have been established by the entrepreneur in accordance with the consumer’s specifications; b. that are clearly personal in nature; c. that cannot be returned due to their nature; d. that spoil or age quickly; e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence; f. for individual newspapers and magazines; g. for audio and video recordings and computer software of which the consumer has broken the seal.

Article 9 – The Price

During the period of validity mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates. Contrary to the previous paragraph, the entrepreneur can offer products or services at variable prices, the prices of which are subject to fluctuations in the financial market over which the entrepreneur has no influence. The offer must state the possibility of price fluctuations and the fact that any mentioned prices are target prices.

Price increases within three months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

1. They are the result of statutory regulations or provisions; or b. the consumer is authorized to terminate the agreement as of the day on which the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.