Terms and Agreements
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The Agreement
Article 6 – Right of withdrawal
Article 7 – Costs in the event of withdrawal
Article 8 – Exclusion of revocation law
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and execution
Article 12 – Duration transactions: duration, termination and renewal
Article 13 – Payment
Article 14 – Complaints Scheme
Article 1 – Definitions
These conditions mean:
Cooling-off period: the time limit within which the consumer can make use of his right of withdrawal;
Consumer means the natural person who does not act in the pursuit of occupation or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance agreement relating to a range of products and/or services, the supply and/or purchase obligation of which is spread over time;
Sustainable data medium: any means that allows the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Model form: the retraction model form made available to the entrepreneur who can fill out a consumer when he wishes to make use of his right to withdraw.
Entrepreneur: the natural or legal person who offers products and/or remote services to consumers;
Distance Agreement: an agreement whereby, under a system organised by the entrepreneur for distance selling of products and/or services, only one or more remote communication techniques are used until the conclusion of the contract;
Remote communication technology: means that can be used to conclude an agreement, without consumers and entrepreneurs having simultaneously come together in the same space.
Terms and conditions: the entrepreneur’s terms and conditions.
Article 2 – Identity of the entrepreneur
If the activity of the economic operator is subject to a relevant authorisation system: the
information on the supervisory authority:
If the economic operator pursues a regulated profession:
the professional association or organisation to which he is affiliated;
the professional title, the place in the EU or the European Economic Area where it has been awarded;
a reference to the professional rules applicable in the Netherlands and indications where and how these professional rules are accessible.
Article 3 – Applicability
These general terms and conditions apply to any offer from the entrepreneur and to each agreement concluded remotely and orders between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is reasonably not possible, it will be indicated before the contract is concluded remotely that the general conditions can be seen with the entrepreneur and they will be sent free of charge at the consumer’s request.
Where the contract is concluded electronically, by way of derogation from the previous paragraph and before the contract is concluded remotely, the text of these general terms and conditions may be made available to the consumer by electronic means in such a way that it can be easily stored by the consumer on a sustainable data carrier. If this is reasonably not possible, it will be indicated before the agreement is concluded remotely, where the general conditions may be taken into account by electronic means and that, at the request of the consumer, it will be informed by electronic means. or otherwise will be transmitted free of charge.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraph of corresponding application shall apply and, in the event of conflicting general terms and conditions, the consumer may always the applicable provision which is most favourable to him.
If one or more provisions in these general terms and conditions are completely or partially null or void at any time, the agreement and these conditions shall remain in place for the remainder and the provision in question shall be maintained by mutual agreement be replaced without delay by a provision that approached the scope of the original as much as possible.
Situations not governed by these general terms and conditions should be assessed ‘according to the spirit’ of these general terms and conditions.
Uncertainties about the explanation or content of one or more provisions of our terms and conditions should be explained ‘to the spirit’ of these general terms and conditions.
Article 4 – The offer
If an offer has a limited period of validity or is made subject to conditions, this is expressly stated in the offer.
The offer is non-binding. 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 good assessment of the offer. If the entrepreneur uses images, they are a true-to-life representation of the products and/or services offered. Apparent mistakes or apparent errors in the offer do not bind the entrepreneur.
All images, specifications data in the offer are indication and cannot give rise to compensation or dissolution of the agreement.
Images of products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors match exactly the real colors of the products.
All our products are margin products. These are not VAT deductible for companies.
Each offer contains such information, which is clear to the consumer what the rights and obligations are, which are connected with the acceptance of the offer. This concerns in particular:
the price including taxes;
any costs of dispatch;
the way in which the agreement will be concluded and what transactions are necessary;
whether or not the right of withdrawal apply;
the method of payment, delivery and execution of the agreement;
the time limit for acceptance of the offer, or the time limit within which the entrepreneur guarantees the price;
the amount of the distance communication tariff if the cost of using the remote communication technology is calculated on a basis other than the regular basic rate for the means of
the codes of conduct subject to the entrepreneur and the way in which the consumer can consult these codes of conduct by electronic means; And
the minimum duration of the distance contract in the event of an expensive transaction.
Optional: available sizes, colors, type of materials.
Article 5 – The Agreement
The agreement shall, subject to paragraph 4, be concluded at the time of acceptance by the consumer of the offer and compliance with the conditions laid down therein.
If the consumer has accepted the offer by electronic means, the entrepreneur shall immediately confirm by electronic means the receipt of the acceptance of the offer. As long as 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 shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will comply with appropriate safety measures to do so.
The entrepreneur can inform himself – within legal frameworks – whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for the responsible entry into the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds for not entering into the agreement, he is entitled to refuse an order or application or to commit special conditions to the execution.
The entrepreneur will provide the product or service to the consumer with the following information, in writing or in such a way that it can be stored accessible by the consumer on a durable data carrier, working hours:
A. the visiting address of the establishment of the entrepreneur where the consumer can contact complaints;
b. the conditions under which and the way in which the consumer may exercise right of withdrawal or a clear notification of the right of withdrawal;
c. the information on warranties and existing after-purchase service;
d. the information contained in Article 4(3) of these terms and conditions, unless the economic operator has already provided this information to the consumer before the performance of the contract;
e. the requirements for termination of the agreement if the contract is a duration of more than one year or of indefinite duration.
In the event of an expensive transaction, the provision in the previous paragraph applies only to the first delivery.
Each agreement shall be entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 – Right of withdrawal
When supplying products:
When purchasing products, the consumer has the possibility to dissolve the contract for 14 days without giving any reason. This period of reflection shall be based on the day after receipt of the product by the consumer or a representative previously appointed by the consumer and announced to the entrepreneur.
During the cooling-off period the consumer will handle the product and the packaging carefully. It will only extract or use the product to that extent necessary to assess whether it wishes to retain the product. If you use your right of withdrawal, the product must be returned to the entrepreneur with all accessories supplied, unused and undamaged, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days, after receipt of the product. Making it known, the consumer must make it through the model form. After the consumer has made known that they wish to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in good time, for example by means of proof of dispatch.
If, after the expiry of the deadlines referred to in paragraphs 2 and 3, the customer has not made known that it would use his right of withdrawal or have not returned the product to the entrepreneur, the purchase is a fact.
In the case of provision of services:
In the case of provision of services, the consumer has the possibility to dissolve the contract without giving reasons for at least 14 days, starting on the day of the entry into force of the contract.
In order to exercise his right of withdrawal, the consumer will focus on the reasonable and/or clear instructions provided by the entrepreneur in the offer and/or at the latest in the provision in this area.
Article 7 – Costs in the event of withdrawal
If the consumer makes use of his right of withdrawal, the costs of return will not exceed the costs of return.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. However, the condition is that the product has already been received back by the web retailer or conclusive proof of complete return can be discussed.
Article 8 – Exclusion of revocation law
The entrepreneur may exclude the right of withdrawal from the consumer for products as defined in paragraphs 2 and 3. The exclusion of the right of withdrawal shall apply only 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:
A. established by the entrepreneur in accordance with consumer specifications;
b. which are clearly personal in nature;
c. which cannot be returned by their nature;
d. which can quickly spoil or age;
e. the price of which is bound by fluctuations in the financial market on which the entrepreneur has no influence;
f. for loose newspapers and magazines;
g. for audio and video recordings and computer software whose consumer has broken the seal.
H. for hygienic products whose consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
A. on accommodation, transport, restaurant or leisure activities on a specific date or during a certain period of time;
b. the supply of which began with the express consent of the consumer before the reflection period has expired;
c. regarding betting and lotteries.
Article 9 – The price
During the period of validity indicated in the offer, the prices of the products and/or services offered are not increased, subject to price changes due to changes in VAT rates.
By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are bound by fluctuations in the financial market and which the entrepreneur does not affect, with variable prices. This commitment to fluctuations and the fact that any prices are indicative prices shall be indicated in the offer.
Price increases within 3 months of the conclusion of the agreement are only permitted if they are the result of legal arrangements or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has agreed and:
A. resulting from legal arrangements or provisions; Or
b. the consumer has the power to terminate the agreement from the day on which the price increase starts.
The prices listed in the offer of products or services shall include margin VAT.
All prices are subject to pressure – and typographical errors. No liability is accepted for the consequences of pressure – and typographical errors. In case of pressure – and typographical errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10 – Conformity and Warranty
The entrepreneur shall ensure that the products and/or services comply with the agreement, the specifications set out in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government rules existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not detract from the legal rights and claims which the consumer may assert under the contract to the entrepreneur.
Any defects or misdelivered products must be reported in writing to the entrepreneur within 4 weeks of delivery. Return of the products must be made in the 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 final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
The consumer has repaired and/or edited the delivered products himself or had them repaired and/or edit by third parties;
The delivered products have been exposed to abnormal circumstances or otherwise treated carelessly or are dealt with in breach of the instructions of the entrepreneur and/or covered on the packaging;
The fault is entirely or partly the result of rules laid down or which the public authorities have set or shall draw with regard to the nature or quality of the materials applied.
Article 11 – Delivery and execution
The entrepreneur will take the utmost care when receiving and in the execution of orders of products and when assessing requests for the provision of services.
As a place of delivery, the address that the consumer has made known to the company applies.
Taking into account what is stated in paragraph 4 of this Article, the company will execute accepted orders with skilled urgency but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or is only partially executed, the consumer will receive this notice no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract at no cost. The consumer is not entitled to compensation.
All delivery periods are indicative. Any time limits mentioned cannot derive the consumer from any rights. Exceeding a period does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 3 of this Article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of a ordered product proves impossible, the entrepreneur will endeavour to make a replacement item available. At the latest in delivery, it will be clearly and understandably reported that a replacement article will be delivered. In the case of replacement articles, the right of withdrawal cannot be ruled out. The costs of a possible return shipment are borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the time of delivery to the consumer or a representative previously designated and announced to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Duration transactions: duration, termination and renewal
Termination
The consumer may terminate an indefinite contract and which extends to the regular delivery of products (including electricity) or services, at any time in compliance with agreed termination rules and a notice period of not more than one month.
The consumer may terminate a fixed-term contract and which seeks to provide products (including electricity) or services at any time towards the end of the specified period, taking into account the agreed termination rules and a notice period not exceeding one month.
The consumer may use the agreements referred to in the previous paragraphs:
cancel and are not limited to termination at a given time or at a certain period;
at least in the same way as they have entered into by him;
always terminate with the same notice period as the entrepreneur has agreed for himself.
Extension
An agreement entered into for a certain period of time and which extends to the regular delivery of products (including electricity) or services should not be tacitly renewed or renewed for a certain period of time.
By way of derogation from the previous paragraph, an agreement entered into for a certain period of time and which extends to the regular delivery of day and weekly newspapers and magazines shall be tacitly renewed for a certain duration of up to three months, if the the consumer may terminate this extended agreement by the end of the extension with a notice period not exceeding one month.
An agreement entered into for a certain period of time and which extends to the regular delivery of products or services should be tacitly extended for an indefinite period if the consumer may at any time terminate a notice period not exceeding the maximum one month and a notice period not exceeding three months in case the agreement extends to it regularly, but less than once a month, delivering day, news and weekly newspapers and magazines.
An agreement with limited duration to the regular introduction of day, news and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and ends automatically after the end of the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at all times with a notice period not exceeding one month, unless reasonableness and fairness are opposed to termination before the end of the period of notice of the agreed duration.
Article 13 – Payment
To the extent that otherwise agreed, the amounts due by the consumer must be paid within 7 working days of the start-up of the period of reflection referred to in Article 6(1). In the event of an agreement to provide a service, this period shall be set after the consumer has received confirmation of the contract.
The consumer has a duty to report inaccuracies in payment data provided or mentioned without delay to the entrepreneur.
In the event of a default of the consumer, the entrepreneur has the right to charge the reasonable costs made available to the consumer in advance.
Article 14 – Complaints Scheme
The entrepreneur has a sufficiently publicized complaints procedure and shall deal with the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted to the entrepreneur in full and clear within 7 days, after the consumer has identified the defects.
Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur shall reply within the 14-day period with a receipt notice and an indication when the consumer can expect a more comprehensive answer.
If the complaint cannot be resolved by mutual agreement, a dispute which is susceptible to the dispute settlement arises.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will replace or repair the products delivered free of charge.