Article 11 – Definitions
Article 12 – The Entrepreneur’s identity
Article 13 – Applicability
Article 14 – The offer
Article 15 – The agreement
Article 16 – Rights to cancel
Article 17 – Effects of cancellation
Article 18 – Exclusion of the right of withdrawal
Article 19 – The price
Article 10 – Compliance and extra guaranty
Article 11 – Delivery and execution
Article 12 – Continuing performance contract: duration, termination and extension
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or varying provisions
Article 1 – Definitions
In these Terms and Conditions, the following terms shall have the following meanings:
1. Additional agreement: an agreement in which the Consumer acquires products, digital content and/or services with respect to a distance agreement and these goods, digital content and/or services are delivered by the Entrepreneur or a third party on the basis of an arrangement between this third party and the Entrepreneur;
2. Reflection period: the period during which the Consumer may use his right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period;
7. Sustainable data carrier: any means, including email, that allow the Consumer or the Entrepreneur to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible.
8. Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period;
9. Entrepreneur: the natural of legal person who provides products, (access to) digital content and or services to Consumers at a distance;
10. Distance contract: a contract concluded by the Entrepreneur and the Consumer within the scope of an organised system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;
11. Standard form for withdrawal: the European standard form for withdrawal included in Appendix 1;
12. Technology for distance communication: a means to be used for concluding an agreement without the Consumer and the Entrepreneur being together in the same place at the same time.
Article 2 – The Entrepreneur’s identity
Email address or other electronic communication means offered to the Consumer with the same functionality as email; email@example.com
Chamber of Commerce number; 66123038
VAT identification number; 856404214B01
If the Entrepreneur’s activity is subject to a relevant licensing regime: information about the supervising authority;
If the Entrepreneur practises a regulated profession:
− the professional association or professional organisation of which he is a member;
− the title of his profession, the place in the EU or in the European Economic Area where it is awarded;
− a reference to the rules of professional practice which are applicable in the Netherlands and information about where and how these rules of professional practice can be accessed.
Article 3 – Applicability
1. These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the Consumer.
2. Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, the Entrepreneur shall indicate in what way the General Terms and conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is concluded.
3. If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long- term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that they will be sent to at the Consumer´s request free of charge, either via electronic means or otherwise, before concluding the distance contract;
4. In the event that specific product or service condition apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the Consumer may always appeal to the applicable provision that is most favourable to him/her.
Article 4 – The offer
1. If an offer has a limited period of validity or if certain conditions apply, this will be explicitly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the offered products, digital content and / or services. The description is sufficiently detailed to allow the consumer to adequately assess the products, services and / or digital content. If the entrepreneur uses images, these are truthful images of the offered products and / or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All offers contain such information that it is clear to the consumer which rights and obligations are attached to the offer.
5. All images, specifications and information in the offer are indicative and can not lead to compensation or dissolution of the agreement.
6. Images for products are a true reflection of the products offered. Entrepreneur can not guarantee that the displayed colors exactly match the real colors of the products.
Article 5 - The contract
1. With due observance of the provisions of paragraph 4, the contract is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
2. If the consumer accepts the offer electronically, the entrepreneur will immediately acknowledge receipt of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer can reject the contract.
3. If the contract is concluded electronically, the trader will take appropriate technical and organizational security measures for the electronic data transfer and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur takes appropriate security measures.
4. The entrepreneur may, within the limits of the law, collect information about the consumer's ability to fulfill his payment obligations, and all facts and factors relevant to the responsible conclusion of the distance contract. If, on the basis of the results of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request motivated or to attach special conditions to the execution.
5. Before the product is delivered, the entrepreneur sends the following information together with the product, the service or the digital content in writing or in such a way that the consumer can store it in an accessible manner on a long-term data carrier:
a. the e-mail address of the entrepreneur where the consumer can come into contact with any complaints;
b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal or, if applicable, clear information about the fact that he is exempt from the right of withdrawal;
c. the information corresponding to existing after-sales service and guarantees;
d. The price including all taxes of the product, service or digital content, if applicable the delivery costs and the method of payment, delivery or execution of the distance contract;
e. the requirements for termination of the contract if the contract has a duration of more than one year or is indefinite.
6. In the case of a continuing performance contract, the provisions of the previous paragraph only apply to the first delivery.
7. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 - Right of cancellation
When delivering products:
1. When purchasing products, the consumer has the option to terminate the contract without giving any reason within 14 days. This cooling-off period commences on the day following receipt of the product by the consumer or a representative appointed in advance by the consumer and made known to the entrepreneur.
2. During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent that is necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories 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.
3. If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make known by sending an email to firstname.lastname@example.org. After the consumer has made it known that he wishes to make use of 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 time, for example by means of a proof of shipment.
4. If the customer has not made it known that he wishes to make use of his right of withdrawal or withdrawal after the expiry of the terms mentioned in paragraphs 2 and 3. the product has not been returned to the entrepreneur, the sale is a fact.
When delivering services:
5. When providing services, the consumer has the option to terminate the contract without giving any reason for at least 14 days, starting on the day of entering into the agreement.
6. In order to make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and / or at the latest on delivery.
Article 7 - Effects of cancellation
If the consumer exercises his right of withdrawal, the costs of returning the goods are at the most.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible but no later than 14 days after cancellation. However, the condition is that the product has already been received back by the merchant or conclusive proof of complete return can be submitted.
Article 8 – Exclusion of the right of withdrawal
1. The entrepreneur can exclude the right of withdrawal of the consumer for products as described in paragraph 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.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with the specifications of the consumer;
b. that are clearly personal in nature;
c. which can not be returned due to their nature;
d. that can spoil or age quickly;
e. the price of which is subject to fluctuations in the financial market on which the entrepreneur has no influence;
3. Exclusion of the right of withdrawal is only possible for services for which the delivery has begun with the express consent of the consumer before the reflection period has expired.
Article 9 – The price
1. The prices of the offered products and / or services will not be increased during the validity period stated in the offer, subject to price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence, with variable prices. The offer mentions the possibility of being subject to fluctuations and the fact that the indicated prices are target prices.
3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of new legislation.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and
a. they are the result of legal regulations or provisions, or
b. the Consumer has the authority to terminate the contract before the day on which the price increase starts.
5. All prices mentioned in the delivery of products or services include VAT.
6. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.
Article 10 - Conformity and Guarantee
1. The entrepreneur warrants that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability and the legal rights existing on the date of the conclusion of the agreement. provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition.
4. The warranty period of the entrepreneur corresponds with the manufacturer's guarantee period. The entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The guarantee does not apply if:
The consumer has repaired the delivered products himself and / or processed or has third parties repaired and / or processed;
The delivered products are exposed to abnormal conditions or otherwise careless handling or contrary to the instructions of the entrepreneur and / or the packaging are treated;
The inadequacy wholly or partially is the result of regulations that the government has made or will make regarding the nature or the quality of the materials used.
Article 11 – Delivery and execution
1. The trader 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 the company.
3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously 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 can not or only partially be executed, the consumer will receive notification no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without any costs. The consumer is not entitled to compensation.
4. All delivery dates are indicative. The consumer can not derive any rights from any periods mentioned. Exceeding a term does not entitle the consumer to compensation.
5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 14 days after termination.
6. If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are at the expense of the entrepreneur.
7. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and the entrepreneur made known representative, unless explicitly agreed otherwise.
Article 12 - Duration transactions: duration, cancellation and extension
1. The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products or services, at any time with due observance of the agreed cancellation rules and a notice period of up to one month.
2. The consumer can terminate a contract that has been concluded for a definite period and which extends to the regular delivery of products or services, at any time by the end of the fixed term, with due observance of the agreed cancellation rules and a notice period of no more than one month. .
3. The consumer may conclude the agreements referred to in the previous paragraphs:
* cancel at any time and not be limited to termination at a specific time or during a certain period;
* at least cancel in the same way as they have entered into by him;
* always cancel with the same notice period as the entrepreneur has stipulated for himself.
4. A contract that has been concluded for a definite period and that extends to the regular delivery of products, may not be tacitly renewed or renewed for a fixed term.
5. A contract that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month.
6. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time with a notice period of no more than one month, unless the reasonableness and fairness cancel before the end of the agreed term. to resist.
Article 13 - Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 working days after the commencement date of the cooling-off period as referred to in Article 6, paragraph 1. In case of an agreement to provide a service, this period 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 the entrepreneur without delay.
3. If the consumer has not fulfilled his payment obligation (s) in time, and the entrepreneur has pointed out that the payment is late and the consumer has allowed a period of 14 days to meet the payment obligations, the statutory interest to pay the amount owed and the entrepreneur is entitled to charge extrajudicial collection costs to the consumer. These extrajudicial collection costs amount to a maximum of 15% for outstanding amounts up to € 2,500, 10% for the next € 2,500 and 5% for the next € 5,000, with a minimum of € 40. The entrepreneur may deviate from the aforementioned amounts and percentages in favor from the consumer.
Article 14 - Complaints procedure
1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 14 days after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
4. In the event of complaints, a consumer must first turn to the entrepreneur.
5. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
6. If a complaint is found to be well-founded by the trader, the trader will replace or repair the products at its option or the delivered products free of charge.
Article 15 - Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. Even if the consumer lives abroad.
The Vienna Sales Convention does not apply.
Article 16 – Additional provisions or derogations
Additional provisions of and/or derogations from these General Terms and Conditions should not be to the Consumer’s detriment and must be put in writing or recorded in such a way that the Consumer can store them in an accessible manner on a long-term data carrier.