Note: This document is a translation of the Dutch Terms and Conditions. In case of differences, the Dutch version will take precedence.
Article 1 – Definitions
In these conditions the following terms have the following meanings:
- Additional agreement:
- an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract, and these goods, digital content, and/or services are provided by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
- Reflection time:
- the period within which the consumer can make use of his right of withdrawal;
- the natural person who is not acting for purposes related to his trade, business, craft or profession;
- calendar day;
- Digital content:
- data produced and supplied in digital form;
- Durable data carrier:
- any tool – including e-mail – that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that facilitates future consultation or use during a period that is geared to the purpose for which the information is is intended, and which allows unaltered reproduction of the stored information;
- Right of withdrawal:
- the possibility of the consumer to cancel the distance contract within the cooling-off period;
- the natural or legal person who offers products, (access to) digital content and/or services to consumers from a distance;
- Distance contract:
- an agreement that is concluded between the entrepreneur and the consumer within the framework of an organized system for distance sales of products, digital content and/or services, whereby up to and including the conclusion of the agreement, exclusive or partial use is made of one or more techniques for remote communication;
- Model withdrawal form:
- the European model form for withdrawal included in Appendix I of these conditions. Annex I does not have to be made available if the consumer does not have a right of withdrawal with regard to his order;
- Remote communication technology:
- means that can be used to conclude an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.
Article 2 – Identity of the entrepreneur
Vaart Oostzijde 7
8435 WD Donkerbroek
Chamber of Commerce: 01063918
Article 3 – Applicability
- 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 these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before concluding the distance contract, how the general terms and conditions can be viewed at the entrepreneur 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, by way of derogation from 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 easily stored 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 electronically or otherwise at the request of the consumer.
- 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 in the event of conflicting conditions, the consumer can always rely on the applicable provision that is most favorable to him.
Article 4 – The offer
- If an offer has a limited validity or is made subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5 – The agreement
- Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and compliance with the corresponding conditions.
- 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.
- Within the legal frameworks, the entrepreneur can – 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.
- At the latest upon delivery of the product, service, or digital content to the consumer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
- the visiting address of the business location 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;
- information about guarantees and existing service after purchase;
- the price, including all taxes on the product, service, or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery, or implementation of the distance contract;
- if the consumer has a right of withdrawal, the model withdrawal form.
Article 6 – right of withdrawal
- The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason(s).
- The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
- if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
- if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;
- in the case of agreements for the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content that is not supplied on a tangible medium:
- The consumer can dissolve a service agreement and an agreement for the delivery of digital content that has not been delivered on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason(s).
- The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended reflection period for products, services and digital content that has not been delivered on a tangible medium when not informing about the right of withdrawal:
- If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
- If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information.
Article 7 – Obligations of the consumer during the reflection period
- During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics, and operation of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
- The consumer is only liable for the depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
- The consumer is not liable for the depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
- If the consumer makes use of his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
- The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
- The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for return.
- The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
- prior to delivery, he has not expressly agreed to commence compliance with the agreement before the end of the reflection period;
- he has not acknowledged that he loses his right of withdrawal when giving his consent; or
- the entrepreneur has failed to confirm this statement from the consumer.
- If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9 – Obligations of the entrepreneur in case of withdrawal
- If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt after receipt of this notification.
- The entrepreneur will reimburse all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to pay back until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
- The entrepreneur uses the same payment method that the consumer has used for reimbursement unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to repay the additional costs for the more expensive method.
Article 10 – Exclusion of right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:
- Products manufactured according to the consumer’s specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
- Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
- The delivery of digital content other than on a tangible medium, but only if:
- the performance has started with the explicit prior consent of the consumer; and
- the consumer has stated that he thereby loses his right of withdrawal.
Article 11 – The price
- During the period of validity stated in the offer, the prices of the products and/or services being offered will not be 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, at variable prices. This link to 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 contract on the day on which the price increase takes effect.
- The prices stated in the offer of products or services include VAT.
Article 12 – Fulfillment of the agreement and extra guarantee
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions existing on the date of the conclusion of the agreement and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- An additional guarantee provided by the entrepreneur, his supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement.
- An additional guarantee is understood to mean any obligation of the entrepreneur, his supplier, importer, or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfill his part of the agreement.
Article 13 – Delivery and implementation
- The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the entrepreneur.
- With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed, but no later than 30 days, unless a different delivery period has been agreed. 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 placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
- After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount paid by the consumer.
- 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 representative made known to the entrepreneur, unless expressly agreed otherwise.
Article 14 – Payment
- Unless otherwise specified in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
- When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in general terms and conditions. When a prepayment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) before the stipulated prepayment has been made.
- The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
- If the consumer does not fulfill his payment obligation(s) on time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligations, after the non-payment within this 14-day period, the statutory interest is due on the amount owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2500; 10% over the next € 2500 and 5% over the next € 5000 with a minimum of € 40. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.
Article 15 – Complaints procedure
- The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
- 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 reply within 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.
- The consumer must in any case give the entrepreneur 4 weeks to resolve the complaint in mutual consultation. After this period a dispute arises that is subject to the dispute settlement.
- It is also possible to register complaints via the European ODR platform (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage)
Article 16 – Disputes
- Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
- The Vienna Sales Convention does not apply.
Article 17 – Additional or deviating provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.