Article 1 – Definitions
In these terms and conditions the following definitions apply:
Cooling off period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Long-term transaction: a distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information makes possible.
Right of withdrawal: the option for the consumer to waive the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance agreement: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, is made of one or more remote communication techniques;
Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being in the same room at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Van Herwijnenplantsoen 259
3431 VH Nieuwegein
81882793 (Chamber of Commerce number)
NL003616566B08 (VAT number)
Article 3 – Applicability
These general terms and conditions apply to every offer of the entrepreneur and to any concluded distance contract and orders between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the request of the consumer.
If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that they can be read by the consumer can be stored in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that applies to him in the event of conflicting general terms and conditions. is most favorable.
If one or more provisions in these general terms and conditions are wholly or partially null and void or are annulled at any time, the agreement and these terms and conditions will otherwise remain in effect and the provision in question will be immediately replaced by a provision in mutual consultation. that the scope of the original is approached as much as possible
Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Uncertainties about the explanation or content of one or more provisions of our terms and conditions must be explained 'in the spirit' of these general terms and conditions.
Article 4 – The offer
If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
The offer is without obligation. 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 a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images accompanying products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
the price including taxes;
any shipping costs;
the way in which the agreement will be concluded and what actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the agreement;
the term for acceptance of the offer, or the term within which the entrepreneur guarantees the price;
the level of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement is archived after the conclusion, and if so, how it can be consulted by the consumer;
the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, rectify it;
any other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in case of an extended transaction.
Optional: available sizes, colors, type of materials.
Article 5 – The agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and meeting the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures. .
The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation.
The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information about guarantees and existing after-sales service;
the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of an indefinite duration.
In the case of a long-term transaction, the provision in the previous paragraph only applies application to the first delivery.
Each agreement is entered into under the conditions precedent of sufficient availability of the products in question.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the option of dissolving the contract without giving any reason during 20 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the cooling-off period, the consumer will handle the product and the 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 makes use of his right of withdrawal, he will return the product with all accessories supplied 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.
If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 20 days after receipt of the product. The consumer must make this known by means of a written message/email. After the consumer has indicated 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 on time, for example by means of proof of dispatch.
If the customer has not made it known after the expiry of the periods referred to in paragraphs 2 and 3 that he wishes to make use of his right of withdrawal resp. has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 – Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, the costs for returning the products will be borne by the consumer .
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. can be discussed.
Article 8 – Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 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 good time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:
that have been created by the entrepreneur in accordance with the consumer's specifications;
that are clearly personal in nature;
that cannot be returned;
that can spoil or become obsolete quickly;
whose price is dependent on fluctuations in the financial market over which the entrepreneur has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal.
for hygienic products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
the delivery of which has begun with the express consent of the consumer before the cooling-off period has expired regions;
concerning bets and lotteries.
Article 9 – The price
During the period of validity stated in the offer, the prices of the products offered and/or services not increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices 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 are only permitted if the entrepreneur has stipulated this and:
they are the result of statutory regulations or provisions; or
the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10 – Conformity and Guarantee
The entrepreneur guarantees 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 statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
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 on the basis of the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. The products must be returned in the original packaging and in new condition.
The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, 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.
The guarantee does not apply if:
The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal circumstances or are otherwise carelessly treated or are contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
The defect is wholly or partly the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.
Article 11 – Delivery and execution
The entrepreneur will take the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the consumer has made known to the company.
With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and the right to any compensation.
In case 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 14 days after dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement item available. At the latest upon delivery, it will be reported 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 a possible 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 representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Duration transactions: duration, cancellation and extension
The consumer may conclude an agreement for an indefinite has been entered into and which extends to the regular delivery of products (including electricity) or services, can be canceled at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, with due observance of the agreed cancellation rules and a notice period of at most one month.
The consumer can cancel the agreements referred to in the previous paragraphs:
at any time and not be limited to cancellation at a specific time or in a specific period;
at least cancel in the same way as they have been entered into by him;
always cancel with the same notice period as the entrepreneur has stipulated for itself
An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a fixed term.
Contrary to the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily newspapers, weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer has may terminate the extended agreement at the end of the extension with a notice period of no more than one month.
An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
If an agreement has a duration of more than one year, after one year the consumer may terminate the agreement at any time with a notice period of no more than one month. cancellation, unless reasonableness and fairness oppose cancellation before the end of the agreed term.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the event of an agreement to the provision of a service, this period commences after the consumer has received confirmation of the agreement.
The consumer is obliged to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 – Complaints procedure
We recommend that you first make complaints known to us by emailing email@example.com. If this does not lead to a solution, it is possible to register your dispute for mediation via Stichting Webwinkelkeur. From 15 February 2016, it is also possible for consumers in the EU to register complaints via the ODR platform of the European Commission. This ODR platform can be found at http://ec.europa.eu/odr . If your complaint is not yet being processed elsewhere, you are free to deposit your complaint via the platform of the European Union.
Article 15 – Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.