General terms and conditions

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Contents:

Article 1- Definitions

Article 2 - Corporate identity / entrepreneur

Article 3- Relevance

Article 4 - Offer

Article 5- Agreement

Article 6 - Right of withdrawal

Article 7 - Withdrawal costs

Article 8 - Exclusion of the right of withdrawal

Article 9 - Prices

Article 10 - Conformity and guarantees

Article 11 - Delivery and execution

Article 12 - Duration of transactions: duration, termination and extension

Article 13 - Payments

Article 14 - Complaints

Article 15 - Disputes

Article 16 - Additional and deviating provisions

Article 17 - General terms and conditions / Post-payment conditions



Article 1 - Definitions

In these Terms and Conditions the following definitions apply:


Consideration period: the period during which the consumer can exercise the right of withdrawal.

Consumer: the natural person who does not act on behalf of a company or profession and who enters into a distance contract with the entrepreneur.


Day: calendar day


A length transaction: a distance contract relating to a series of products and services, the delivery obligation and purchase of which are spread over a period of time.


Durable medium: any instrument which enables the recipient or the entrepreneur to store information addressed personally to him in a way accessible for a future period of time for the purpose of the information and which allows the unchanged reproduction of the information stored.


Right of withdrawal: the possibility for the consumer to terminate the distance contract within the cooling-off period.


Entrepreneur: the natural person or company that offers products to consumers remotely.

Distance contract: a contract based on a system organised by companies for the distance selling of products and services, including the conclusion of a contract using one or more techniques for distance communication.


Distance communication technology: a means by which a contract can be concluded without the consumer and the trader being together in the same place at the same time.




Article 2 - Corporate identity / entrepreneur


Registered company name:

Address:

Phone number:

Email:

Chamber of Commerce number:

VAT identification number:


 

  • If the entrepreneur's activity is subject to a relevant licensing system: the details of the supervisory authority.
  • If the entrepreneur exercises a regulated profession:
  • The professional association of which the entrepreneur is a member:
  • The profession, the location in the EU or in the European Economic Area where this profession is assigned:

 

A reference to the professional rules that apply in the Netherlands and instructions on where and how accessible these professional rules are.



Article 3- Relevance


These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.


Before the distance contract is concluded, the text of the general terms and conditions will be made available to the consumer. If it is not reasonably possible to do so before the distance contract is concluded, it will be indicated that the general terms and conditions / conditions can be viewed at the entrepreneur and at the request of the consumer these general terms and conditions / conditions will be sent to the consumer as soon as possible without additional costs.


If the distance contract is concluded electronically, notwithstanding the previous article and before the distance contract is concluded, the text of the general terms and conditions/terms can be made available to the consumer electronically so that the text can be easily stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the consumer can find the general terms and conditions/terms electronically and that these terms and conditions/terms will be sent to the consumer electronically or otherwise at the consumer's request without additional costs.


In the event that specific product and service conditions apply in addition to these general terms and conditions, the second and third articles apply accordingly and in the event of conflicting terms and conditions, the consumer can invoke the relevant terms and conditions that are most favourable to the consumer.



Article 4 - Offer


If an offer has a limited validity or other specifications, this will be explicitly stated.

The offer contains a complete and accurate description of the products and services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the products/services. The images used by the entrepreneur are a true representation of the products and services. Obvious errors and mistakes do not bind the entrepreneur.


Each offer contains such information that it is clear to the consumer what rights and obligations are associated with the offer when it is accepted by the consumer. This concerns in particular:

 

  • price including taxes
  • possible delivery costs
  • the manner in which the agreement was concluded and the necessary signatures
  • or the right of withdrawal applies
  • the method of payment, delivery and execution of the contract
  • the deadline for accepting the offer or the period within which the entrepreneur guarantees the price
  • the level of the tariff for distance communication if the costs for using the distance communication technology are calculated on a basis other than the regular tariff for communication
  • if the agreement has been archived after conclusion and if so, how the consumer can consult it
  • the manner in which the consumer, before concluding the contract, can check the information provided by him in the context of the contract and, if necessary, correct it
  • any other languages, including Dutch, for the agreement
  • the codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult the codes of conduct electronically; and
  • the minimum duration of the distance contract in the event of a continuing performance contract.

 



Article 5- The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment that the consumer accepts the offer and meets the conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically that he has received the acceptance of the offer. As long as the entrepreneur has not confirmed the acceptance, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to protect the electronic data transfer and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe the necessary security measures.

The entrepreneur can report or check within the legal framework whether the consumer can meet the payment obligations, and also check all important facts and factors that are necessary to establish a good distance contract. If the entrepreneur has good reasons not to conclude the agreement based on research, he has the right to motivate and refuse an order / request or he can attach special conditions to the execution of the offer.

The entrepreneur shall send the following information with the products or services, in writing or in such a way that the consumer can store the data in an accessible manner on a durable medium:

a. The address of the company for the consumer to file complaints

b. The conditions and the manner in which the consumer can exercise the right of withdrawal and a clear indication regarding the exclusion of the right of withdrawal.

c. Information about warranties and after-sales services

d. Article 4 paragraph 3 unless the entrepreneur has already sent this information before the execution of the agreement.

e. The requirements for terminating the agreement if the agreement has a duration of one year or longer or is of indefinite duration.

In case of a length transaction, the previous clause e. applies only for the first delivery.



Article 6 - Right of withdrawal


Delivery of products:

After purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. The cooling-off period begins on the day after the consumer or a pre-designated representative of the consumer has received the product from the entrepreneur.

During the cooling-off period, the consumer must 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 wishes to exercise the right of withdrawal, he must 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.


Provision of services:

After delivery of services, the consumer has the option to terminate the agreement without giving any reason for at least 14 days, starting on the day the agreement was concluded.

In order to exercise the right of withdrawal, the consumer must adhere to the reasonable and clear instructions provided by the entrepreneur when making the offer or ultimately delivering the service.



Article 7 - Withdrawal costs

If the consumer exercises the right of withdrawal, he does not have to pay more than the costs for returning the product. If the consumer has paid, the entrepreneur must refund this amount as soon as possible, but no later than 14 days after the withdrawal or after the return shipment.




Article 8 - Exclusion of the right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has stated this clearly and at least in good time before the conclusion of the agreement.


Exclusion of the right of withdrawal is only possible for products that are prepared by the entrepreneur according to the consumer's specifications:

b. That they are clearly personal in nature

c. Which cannot be returned due to their nature

d. That can spoil or become outdated quickly

e. The price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence

f. Individual newspapers and magazines

g. For audio and video recordings and computer software where the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for the following services:

a. Concerning accommodation, transport, restaurants or to spend leisure time on a specific date or during a specific period.

b. The delivery of which has commenced with the express consent of the consumer before the cooling-off period has expired.

c. Betting bets and lotteries



Article 9 - Prices

During the period of validity stated in the offer, the prices of the products and services offered will not be increased, except for price changes due to changing VAT rates.


Notwithstanding the previous paragraph, the entrepreneur may offer products and services with variable prices when these prices are subject to fluctuations on the financial market and the entrepreneur has no influence. This link to fluctuations and the fact that the prices mentioned are target prices are stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.


Price increases from 3 months after the conclusion of the agreement only if the entrepreneur has stipulated this and which are the result of legal regulations or provisions. Or the consumer is entitled to terminate the agreement from the day on which the price increase takes effect. The prices stated in the offer include VAT.



Article 10 - Conformity and guarantees

The entrepreneur ensures that the products and services comply with the agreement, ensures the specifications stated in the offer, ensures reasonable requirements, soundness and/or usability and ensures on the date of establishment the existing legal provisions and/or government regulations. 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 affect the rights and claims that the consumer can assert against the entrepreneur under the agreement.



Article 11 - Delivery and execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for services.


The address provided by the consumer to the entrepreneur is considered to be the place of delivery.


Taking into account the provisions of Article 4 of the General Terms and Conditions, the entrepreneur will execute accepted orders expeditiously, but no later than within 30 days, unless a longer period has been agreed.


If the delivery is delayed or if a delivery cannot be carried out or can only be carried out in part, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without further costs and is entitled to compensation.


In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after the dissolution.


If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement product. At least before delivery, it will be stated in a clear and comprehensible manner that a replacement product is being delivered. The right of withdrawal cannot be excluded with regard to replacement products. 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 or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise. If you receive a damaged product, you must report this within three days by e-mail. You can send this e-mail to the specified e-mail address at the bottom of this page.



Article 12 - Duration of transactions: duration, termination and extension


Terminate

The consumer may at any time terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) and services, taking into account the applicable termination rules with a notice period of no more than one month.


The consumer may at any time terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or service at the end of the specified period, taking into account the applicable notice periods of no more than one month.


In the agreements in the previous paragraph, the consumer may:

 

  • cancel at any time without restrictions to terminate at a specific time or during a specific period
  • at least cancel in the same manner as they were entered into by him
  • cancel at any time with the same notice of cancellation that the entrepreneur has obtained for himself.

 


Expansion

An agreement entered into for a fixed period and providing for the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.


Notwithstanding the previous paragraph, an agreement entered into for a fixed period and intended for the regular delivery of daily newspapers, weekly newspapers and magazines may be automatically extended for a fixed period of three months. If the consumer can terminate this extended agreement at the end of the extension period with a notice period of one month.


An agreement entered into for a fixed period and which provides for the regular delivery of products and services may only be automatically extended for an indefinite period if the consumer cancels it at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement provides for the regular delivery, but less than once a month, of daily newspapers, weekly magazines and magazines.

An agreement entered into for a fixed period and which provides for regular delivery of daily newspapers, weekly magazines and magazines (trial and introductory subscription) is not automatically extended and ends automatically at 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 any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.



Article 13 Payments

Unless otherwise agreed, the amounts due must be paid by the consumer within 7 days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, the cooling-off period starts after the consumer has received confirmation of the agreement.


When selling products to consumers, the general terms and conditions may never stipulate an advance payment of more than 50%. If an advance payment has been agreed, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the agreed payment has been made.


The consumer has the duty to inform the entrepreneur of any inaccuracies in the payment details.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs that have been made known to the consumer in advance.



Article 14 - Complaints

The entrepreneur has a sufficiently well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.


Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.


Complaints submitted to the entrepreneur will be answered within a period of 14 days from the day of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a confirmation and an indication of when the consumer will receive a more detailed answer.


If a complaint cannot be resolved by mutual agreement, there is a dispute that is subject to the dispute resolution procedure.



Article 15 - Disputes

Dutch law applies exclusively to agreements between entrepreneurs and consumers to which these general terms and conditions apply.


In case of disputes, the consumer can turn to Stichting WebwinkelKeur and this foundation will mediate free of charge. If both parties cannot reach a solution, the consumer has the option to have his complaint handled by Stichting GeschilOnline. (GeschilOnline.nl Foundation) The decision of this foundation is binding and both the consumer and the entrepreneur accept this binding decision.



Article 16 - Additional and deviating provisions

Additional or deviating provisions compared to the General Terms and Conditions/terms may not harm the consumer and must be recorded in writing in such a way that the consumer can store them in an accessible manner on a durable medium.



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