Terms of service

Article 1 - Definitions

Cooling-off period: the period within which the consumer can exercise their right of withdrawal.
Consumer: a natural person acting outside their trade, business, craft or profession.
Entrepreneur: Accessible AI, trading as Ergora.
Distance contract: a contract concluded between the entrepreneur and the consumer within an organised system for distance selling, using one or more means of distance communication up to and including the moment the contract is concluded.
Day: calendar day.

Article 2 - Identity of the entrepreneur

Ergora is a trading name of Accessible AI, operated by Damiën Semler in Amsterdam, the Netherlands.
Registered address (not a visiting or return address): Tt. Vasumweg 32-C3, 1033 SC Amsterdam, the Netherlands
Email: contact@ergoradesk.com
Phone: +31 6 39220191
Chamber of Commerce (KVK) number: 90058844
VAT identification number: NL004783422B09

Article 3 - Applicability

These Terms apply to every offer made by Ergora and to every distance contract concluded between Ergora and the consumer. Before the contract is concluded, the text of these Terms is made available to the consumer. If any provision of these Terms is void, the remaining provisions stay in force and the void provision is replaced by one that reflects its original intent as closely as possible. Nothing in these Terms limits mandatory consumer rights. Where a provision conflicts with those rights, the statutory rights prevail.

Article 4 - The offer

Offers are non-binding; Ergora may amend them. Product listings state the available supplier-provided materials, measurements, compatibility and intended use. Images are intended to show the product, but colour and appearance can vary slightly by screen and production batch. Ergora does not manufacture the products in its current catalogue. Obvious mistakes or errors in an offer are not binding on Ergora. Prices include VAT.

Article 5 - The contract

The contract is concluded once the consumer accepts the offer and Ergora confirms it. Ergora takes appropriate measures to secure electronic payments and data. Every contract is subject to product availability.

Article 6 - Right of withdrawal

By law, the consumer may withdraw from the contract without giving a reason within 14 days of receiving the product, by informing Ergora in writing or by email, and has a further 14 days after that to return the product.

Ergora offers more than the law requires: a voluntary 30-day return option from the date of delivery. See our Return and refund policy for the applicable conditions.

Article 7 - Costs of withdrawal

The consumer bears the direct cost of returning the product. We recommend using a tracked shipping service; the return shipment remains the consumer's responsibility until it reaches Ergora. For withdrawal from a whole order, Ergora refunds the product price plus the standard outbound delivery charge. Refunds are issued to the original payment method within 10 business days after the return is received, or earlier where required by law.

Article 8 - Exclusion of the right of withdrawal

The right of withdrawal does not apply to personalised products, products that cannot be returned by their nature or hygiene reasons once unsealed, or services fully performed within the cooling-off period.

Article 9 - The price

Prices include VAT and will not be increased during an offer's validity period, except for statutory VAT-rate changes. Printing and typographical errors are reserved - Ergora is not obliged to honour a clearly incorrect price.

Article 10 - Conformity and legal guarantee

The consumer has a legal guarantee of conformity of at least two years from delivery. A product must conform to the contract, the stated specifications and applicable legal requirements. If it does not, the consumer is entitled to repair or replacement free of charge, or to a proportionate price reduction or termination of the contract where repair or replacement is impossible, disproportionate or not completed within a reasonable time.

A defect should be reported within a reasonable period after discovery. A report within two months of discovery is considered timely. There is no requirement to report a defect within 14 days of delivery. This legal guarantee is free and does not end when the 30-day return period ends.

The legal guarantee does not cover damage caused by misuse, unauthorised modification or normal wear and tear.

Article 11 - Delivery and execution

Ergora takes the greatest possible care in delivering orders - see our Shipping policy for current handling and delivery times. If delivery is delayed or becomes impossible, the consumer is notified in good time and is entitled to cancel and receive a refund. Risk of loss or damage in transit lies with Ergora until the moment of delivery.

Article 12 - Payment

Payment is due at the time of ordering, via the payment methods offered at checkout. The consumer must promptly report any inaccuracy in payment details.

Article 13 - Complaints

Complaints should be reported to contact@ergoradesk.com within a reasonable time after discovery. Ergora responds within 14 days, or indicates when a fuller response can be expected. If a complaint is justified, Ergora will repair or replace the product, or offer a refund.

Article 14 - Liability

Ergora is not liable for indirect or consequential damage, such as loss of profit, unless the damage was caused by intent or gross negligence. Ergora is not liable for damage arising from force majeure, including natural disasters, pandemics, strikes or similar circumstances beyond its reasonable control.

These limitations do not apply to death or personal injury, intent or gross negligence, mandatory product-liability law, the legal guarantee in Article 10, or any other liability that cannot legally be excluded or limited.

Article 15 - Disputes

These Terms are governed by the laws of the Netherlands. This choice does not deprive a consumer of mandatory protections in the country where they habitually reside. A consumer may bring proceedings before the competent courts in the country where they live.