SuPort

General terms and conditions for e-commerce For agreements concluded via the internet

These are the General Terms and Conditions for E-commerce of SuPort.

ARTICLE 1 – DEFINITIONS

In these conditions, the following definitions apply:

1. Entrepreneur: a natural person or legal entity that offers products and/or services remotely on a professional basis and concludes agreements remotely with consumers.
2. Consumer: a natural person who enters into a distance agreement with an entrepreneur. This consumer enters into the agreement on behalf of his profession or business or on a personal basis.
3. Parties: the entrepreneur and the consumer, as described under a and b.
4. Distance agreement: an agreement that is concluded within the framework of a system organized by the entrepreneur for the remote sale of products and/or services. What characterizes this agreement is that up to and including the conclusion of the agreement, only one or more techniques for remote communication are used.
5. Technique for remote communication: a means that can be used to conclude an agreement without the consumer and entrepreneur having to be in the same place at the same time.
6. Electronic: by email or website;
7. Day: calendar day.
8. Continuing transaction: a distance agreement relating to a series of products and/or services, the delivery and/or consumption obligation of which is spread over time.
9. Durable data carrier: any means by which the consumer or the entrepreneur can store information addressed to him personally in a way that allows him to consult the information at a later date and reproduce it unchanged.
10. SuPort: the e-commerce platform offered by Acthics Inspired, located in Paramaribo.
11. Acthics Inspired: a creative IT development company, established in Suriname.

ARTICLE 2 – APPLICABILITY OF THESE CONDITIONS

1. These conditions apply to every offer from the entrepreneur to each other (B2B) or to the consumer (B2C) and to every distance agreement concluded between the consumer and the entrepreneur or between entrepreneurs.
2. Before the agreement is concluded, the entrepreneur provides a copy of these general terms and conditions to the counterparty.
3. If the agreement is concluded electronically, the entrepreneur – in deviation from the previous paragraph – may also provide the text of these general terms and conditions electronically to the counterparty. He must do this before the agreement is concluded and in such a way that the counterparty can easily store the conditions on a durable data carrier.
4. If it is not reasonably possible for the entrepreneur to follow the procedure in paragraph 3, he must – before the distance agreement is concluded – indicate how the counterparty can consult the general terms and conditions. He must also send the conditions to him free of charge by electronic means or in another way if the counterparty requests it.

ARTICLE 3 – OFFER/THE OFFER

If an offer has a limited validity period or is only valid under certain conditions, the entrepreneur shall explicitly mention this in the offer. In his offer, the entrepreneur provides a complete and accurate description of the products and/or services offered. This description is sufficiently detailed for the consumer to assess the offer properly. If the entrepreneur uses images, these provide a true representation of the products and/or services offered. If there are obvious errors or mistakes in the offer, the entrepreneur is not bound by them. All products offered must be in stock and available. In his offer, the entrepreneur clearly indicates the rights and obligations of the counterparty if he accepts the offer. In particular, he specifies: the price including taxes; any delivery costs; the way in which the agreement is concluded and the actions required for this; the method of payment, delivery or execution of the agreement; the period for accepting the offer or the period during which the price mentioned applies; the way in which the consumer can find out before concluding the agreement whether certain actions have been taken inadvertently and the way in which he can correct these actions before the agreement is concluded; the possible languages in which the agreement can be concluded (apart from Dutch); the codes of conduct to which the entrepreneur is bound and the way in which the consumer can consult these codes of conduct electronically; the minimum duration of the distance agreement, in the case of an agreement for a product or service that is delivered or consumed continuously or periodically.

ARTICLE 4 – AGREEMENT Subject to the provisions of paragraph 4, an agreement is deemed to exist as soon as the consumer accepts the entrepreneur’s offer and complies with the accompanying conditions. If the consumer accepts the offer electronically, the entrepreneur immediately sends a confirmation to the consumer electronically. As long as this confirmation has not been sent, the consumer can still terminate the agreement. If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur also takes appropriate security measures for this purpose. The entrepreneur has the right, within the legal framework, to check whether the consumer can meet his payment obligations. He may also obtain information about all facts and factors that are important for responsibly entering into a distance agreement. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he may refuse an order or attach special conditions to its execution. He must then justify this. The entrepreneur will provide the consumer with the following information no later than the delivery of the product or service: the visiting address of the entrepreneur’s establishment where the consumer can go with complaints; the conditions under which the consumer can make use of advertising and the way in which he can do so. If advertising does not apply, the entrepreneur will explicitly state this; information about after-sales service and warranties; the data referred to in Article 3 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the performance of the agreement; the rules for terminating the agreement, if it is an agreement for a period of more than one year or of indefinite duration; the rules regarding advertising. The entrepreneur sends this information in writing or in such a way that the consumer can easily store the information on a durable data carrier. If the entrepreneur has undertaken to supply a series of products or services, he is only obliged to provide the information referred to in paragraph 5 at the first delivery.

ARTICLE 5 – PRICE Within the validity period stated in the offer, the entrepreneur may not increase the prices of the products and/or services offered. However, he may adjust prices due to changes in taxes, excise duties, and other similar government levies. In deviation from the previous paragraph, the entrepreneur may apply variable prices for products or services whose prices are linked to fluctuations in the financial market over which the entrepreneur has no influence. In that case, he must indicate in the offer that the prices mentioned are target prices and that the final price depends on market fluctuations. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only allowed if: the entrepreneur has stipulated this in the agreement and these price increases result from legal regulations or provisions; or the entrepreneur has stipulated this in the agreement and the consumer has the right to terminate the agreement before the day on which the price increase takes effect. The prices of the products or services mentioned in the offer include VAT.

ARTICLE 6 – CONFORMITY AND ADDITIONAL GUARANTEE The entrepreneur guarantees that the products and/or services he supplies meet: the agreement; the specifications stated in the offer; the reasonable requirements of soundness and/or usability; the legal provisions and/or government regulations that apply on the date of the conclusion of the agreement. If the entrepreneur, manufacturer, or importer provides an additional guarantee on a product and/or service, this guarantee does not affect the legal rights that the consumer can assert against the entrepreneur if he fails to fulfill his part of the agreement. An additional guarantee is understood to mean any undertaking by the entrepreneur, his supplier, importer, or producer in which he grants the consumer certain rights or claims that go beyond what the consumer can reasonably expect from him in view of the agreement.

ARTICLE 7 – DELIVERY AND PERFORMANCE The entrepreneur will handle orders for products as carefully as possible and when assessing applications for services. The product or service will be delivered to the address specified by the consumer to the entrepreneur, unless the parties have agreed otherwise. The entrepreneur executes accepted orders with due (professional) speed. He does this within 48 hours of payment, unless a longer delivery period has been agreed. In doing so, he observes Article 3 of these general terms and conditions. If the delivery is delayed, or if an order cannot be or can only be partially executed, the consumer will be notified of this no later than 24 hours after placing the order. In this case, the consumer has the right to terminate the agreement free of charge. He is also entitled to any compensation. If the consumer has terminated the agreement on the basis of paragraph 3, the entrepreneur will refund the amount paid by the consumer as soon as possible. He will do this no later than 30 days after termination. If it turns out that the delivery of an ordered product is impossible, the entrepreneur will make every effort to make a replacement item available. At the latest at the time of delivery, he will inform the consumer in a clear and understandable manner that he will receive a replacement item. In the case of replacement items, the entrepreneur may not exclude the right of withdrawal. The costs of any return shipment are for the account of the entrepreneur. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless the parties have explicitly agreed otherwise. If delivery is made through third-party services, the risk of damage and/or loss of products from the entrepreneur passes to the third party at the moment the product is handed over to the third party. The entrepreneur is responsible for the correct packaging of products and the indication of labels on the packaging in accordance with customary standards.

ARTICLE 8 – DURATION, TERMINATION, AND EXTENSION OF CONTINUOUS TRANSACTIONS Termination If the consumer enters into an agreement for the regular delivery of products, electricity, or services (a continuing performance contract), the following rules apply to its termination: If it concerns an agreement for an indefinite period, the consumer can always terminate it. The condition is that he observes the termination rules that he has agreed with the entrepreneur and that he observes a notice period of no more than 1 month. If it concerns an agreement for a definite period, the consumer can always terminate it at the end of the agreed period. The condition is that he observes the termination rules that he has agreed with the entrepreneur and that he observes a notice period of no more than 1 month. In addition to the terminations mentioned above, the following applies: that the notice period of the consumer is not longer than the notice period of the entrepreneur; the termination can be made in the same way as the agreement was concluded. Extension If the entrepreneur enters into an agreement for the regular delivery of products, electricity, or services (a continuing performance contract), the following rules apply to its extension: The entrepreneur may not silently renew or extend an agreement concluded for a definite period for a definite duration. In derogation from the previous paragraph, the entrepreneur may silently renew an agreement concluded for a definite period for a definite duration if: the agreement concerns the regular delivery of day, news, or weekly newspapers or magazines; and the extension does not last longer than 3 months; and the consumer can terminate this extended agreement at the end of the extension with a notice period of up to 1 month. 6. The entrepreneur may only silently renew an agreement concluded for a definite period for an indefinite duration if: the consumer may always terminate the agreement; and the consumer may observe a notice period of no more than 1 month or – in exceptional cases – a notice period of no more than 3 months. The maximum notice period of 3 months applies only to agreements relating to day, news, or weekly newspapers or magazines that are delivered regularly, but less than once a month. 7. If the entrepreneur wants to introduce a consumer to a day, news, or weekly newspaper or a magazine, he can conclude a contract for a limited duration (a trial or introductory subscription). The entrepreneur may never silently renew such agreements. These agreements automatically expire at the end of the trial or introductory period. Duration If an agreement has a duration of more than one year, the consumer can always terminate it after one year with a notice period of no more than 1 month. He may not do this if it is not reasonable or fair to terminate the agreement before the agreed duration ends. The provisions in this article do not apply to lease/rental agreements.

ARTICLE 9 – PAYMENT The consumer must fully pay the entrepreneur at the time of the order via the payment method(s) made available by SuPort for this purpose. All information about the available payment method(s) and the conditions associated with them are stated on the SuPort website (https://www.SuPort.sr/) or in another way or channel determined by SuPort. Only upon full payment by the consumer must the entrepreneur fulfill his delivery obligation. The entrepreneur is deemed to have fulfilled his delivery obligation upon delivery of the ordered product to the consumer or to the third party designated by the consumer.

ARTICLE 10 – CUSTOMER INFORMATION The entrepreneur undertakes vis-a-vis the consumer that the data received by him in the context of the execution of the electronic payment regarding the consumer will only be used for the administrative processing of the payment and with due observance of the legal obligations regarding the protection of personal data.

ARTICLE 11 – COMPLAINTS If the consumer has complaints about the implementation of the agreement, he must report these to the entrepreneur or to the customer service mentioned on the platform by letter or electronically. He must do this within a reasonable (appropriate) time after he has discovered or could have discovered the defects. He must also describe and explain the complaints sufficiently in his complaints. If the consumer has complaints about an invoice, he should preferably report them to the entrepreneur by letter or electronically. He must do this within a reasonable (appropriate) time after receiving the relevant invoice. He must describe and explain the complaints in his letter. If the consumer does not submit his complaint in time, this may result in him losing his rights in this regard. If it cannot reasonably be attributed to the consumer that he did not complain in time, he retains his rights. Once it has become clear that the complaint cannot be resolved through mutual consultation, there is a dispute and the parties must follow the legal procedures for its settlement.

ARTICLE 12 – ENTREPRENEUR’S OBLIGATION WITH REGARD TO WEBSITES, TRANSACTIONS, GOODS, AND SERVICES The entrepreneur will not offer products or services or accept payments through the website, for transactions, or for goods or services: that violate or act in violation of mandatory Surinamese or foreign laws or regulations; whose existence, operation, trade, possession, or use is punishable in Suriname or abroad; that infringe on the rights of third parties; that are otherwise unlawful in Suriname or abroad; if this would damage or threatens to damage SuPort’s reputation; If SuPort reasonably believes that a buyer or seller has violated the previous paragraph or is or may be harmful to SuPort’s reputation, SuPort may take any action it deems necessary or appropriate in its sole discretion. This includes suspending, limiting, or terminating the buyer’s or seller’s account or any pending transactions, refusing to provide access to the site, investigating the buyer’s or seller’s activities, or taking legal action against the buyer or seller.

ARTICLE 13 – OBLIGATIONS OF THE CONSUMER REGARDING THE USE OF THE WEBSITE AND PLATFORM The consumer guarantees to the entrepreneur that: all data provided by him when registering and/or making purchases on the website or via the platform is true, accurate, and complete; he will keep this information up to date so that it remains true, accurate, and complete; he is at least 18 years old and that he has the legal capacity to enter into legally binding agreements; he will not use the website or platform for fraudulent or inappropriate purposes; he will not use the website or platform to purchase products or services that he intends to resell or distribute; he will not use the website or platform to engage in activities that may damage, overburden, or interfere with the proper functioning of the website or platform; he will not attempt to gain unauthorized access to the website or platform, the server on which the website or platform is hosted, or any other server, computer, or database connected to the website or platform; he will not use any robot, spider, or other automated means to access the website or platform for any purpose, including monitoring or copying any of the content; he will not use the website or platform to collect or store personal data about other users; he will not interfere with the security features of the website or platform or attempt to bypass or circumvent them; he will not use the website or platform for any illegal, immoral, or unethical purpose; he will comply with all applicable laws and regulations when using the website or platform and when purchasing products or services through it. If the consumer violates any of the obligations mentioned in this article, the entrepreneur has the right to take appropriate measures, including but not limited to suspending or terminating the consumer’s access to the website and platform, cancelling any orders or transactions made by the consumer, and taking legal action against the consumer to seek remedies for any harm caused by the consumer’s violation.

ARTICLE 14 – MISCELLANEOUS The entrepreneur and the consumer are not liable for any breach of their obligations under the agreement if they are prevented from doing so due to circumstances beyond their control, including but not limited to acts of God, natural disasters, wars, strikes, government actions, and technical problems beyond their control. In the event that any provision of these general terms and conditions is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision will be replaced by a valid and enforceable provision that most closely matches the original intent of the parties. These general terms and conditions and any agreements concluded through the website or platform are governed by Surinamese law. Any disputes arising out of or in connection with these terms and conditions or such agreements will be subject to the exclusive jurisdiction of the courts in Suriname. These general terms and conditions may be amended by the entrepreneur from time to time. The consumer will be notified of any amendments, and the amended terms and conditions will become effective from the date specified in the notice. It is the responsibility of the consumer to regularly review these terms and conditions to ensure compliance with them.

ARTICLE 15 – DISPUTE RESOLUTION In the event of a dispute, the consumer and the entrepreneur will first attempt to resolve it amicably. If this is not possible, the dispute may be submitted to the Surinamese courts.

ARTICLE 16 – CONTACT DETAILS SuPort is established in Suriname. The contact details are as follows: Paramaribo, Suriname. Email: info@suport.com Phone: (+597) 8463125

ARTICLE 17 – ADDITIONAL OR DEROGATING PROVISIONS Additional or derogating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.