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 / Terms and conditions for post-payments

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 distance contract: 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 in relation to the purpose of the information and which allows the unchanged reproduction of the information stored.

Right of withdrawal: the option 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 concluded on the basis of a system organised by companies for the distance sale 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 present in the same place at the same time.

Article 2 - Corporate identity / entrepreneur

Registered company name:

Address:

Phone number:

E-mail:

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 practices 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 these professional rules are accessible.

Article 3 - Relevance

These general terms and conditions apply to every offer from 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 this is not reasonably possible before the distance contract is concluded, the consumer will be informed that the general terms and conditions are available for inspection at the company's premises and, at the consumer's request, these general terms and conditions will be sent to the consumer as soon as possible at no extra cost.

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 may 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, the consumer will be informed where they can find the general terms and conditions electronically and that these terms and conditions will be sent to the consumer electronically or otherwise at the consumer's request, free of charge.

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 rely on 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 allow consumers to properly assess the products/services. The images used by the entrepreneur are a true representation of the products and services. Obvious errors and mistakes are not binding on the entrepreneur.

Each offer contains sufficient information to clearly indicate to the consumer the rights and obligations associated with the offer if the consumer accepts it. This includes, 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 its conclusion and if so, how the consumer can consult it
• the way in which the consumer, before concluding the contract, can check the information provided by him in connection with 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 way in which the consumer can consult the codes of conduct electronically; and
• the minimum duration of the distance contract in the case of a continuing performance contract.

Article 5 - The Agreement

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

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

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

The entrepreneur may, within the legal framework, report or verify whether the consumer can meet the payment obligations, and also check all important facts and factors necessary to conclude a sound distance contract. If, based on investigation, the entrepreneur has good reasons not to conclude the contract, they have the right to justify and refuse an order/request or to impose special conditions on 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 agreement was executed.

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

In the event of a length transaction, the previous clause e. only applies to the first delivery.

Article 6 - Right of withdrawal

Delivery of products:

After purchasing products, the consumer has the right to cancel the agreement within 14 days without giving any reason. The cooling-off period begins on the day after the consumer, or a pre-designated representative of the consumer, receives the product from the entrepreneur.

During the cooling-off period, the consumer must handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they wish to exercise their right of withdrawal, they must return the product with all accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the entrepreneur's reasonable and clear instructions.

Provision of services:

After delivery of services, the consumer has the option to cancel 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 trader with the offer or ultimately upon delivery of the service.

Article 7 - Withdrawal costs

If the consumer exercises their right of withdrawal, they will only be charged the cost of returning the product. If the consumer has already paid, the entrepreneur must refund this amount as soon as possible, but no later than 14 days after the withdrawal or return.

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. Whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence

f. Individual newspapers and magazines

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

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

a. Regarding accommodation, transport, restaurants, or leisure time on a specific date or during a specific period.

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

c. Betting, betting and lotteries

Article 9 - Prices

During the validity period 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 if these prices are subject to fluctuations in the financial market over which the entrepreneur has no control. This subjection to fluctuations and the fact that the stated prices are target prices will be 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 three months after the conclusion of the agreement are only valid if the entrepreneur has stipulated this and are the result of legal regulations or provisions. Alternatively, the consumer is entitled to terminate the agreement from the date 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, meet the specifications stated in the offer, ensure reasonable requirements, reliability, and/or usability, and comply with existing legal provisions and/or government regulations on the date of establishment. 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 utmost 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 delivery is delayed or if a delivery cannot be fulfilled or can only be fulfilled 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 cancel 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, the fact that a replacement product is being provided will be clearly and comprehensibly stated. The right of withdrawal cannot be excluded with regard to replacement products. The costs of any return shipment are borne by 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 by email within three days. You can send this email to the address provided 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 concluded for a specific period and which extends to the regular delivery of products (including electricity) or service at the end of the specific 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 which provides 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, a fixed-term agreement for the regular delivery of newspapers, weeklies, and magazines may be automatically extended for a fixed period of three months. If the consumer cancels this extended agreement at the end of the extension period, they may do so with one month's notice.

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 regular delivery, but less than once a month, of daily newspapers, weekly newspapers and magazines.

An agreement entered into for a fixed period and providing for regular delivery of newspapers, weeklies 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 can cancel it at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.

Article 13 Payments

Unless otherwise agreed, 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 is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) 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-known 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 14 days from the date of receipt. If a complaint requires a foreseeably 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 response.

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 the event of a dispute, consumers can contact the WebwinkelKeur Foundation, which will mediate free of charge. If the two parties cannot reach a resolution, the consumer has the option of having their complaint handled by the GeschilOnline Foundation (GeschilOnline.nl Foundation). The foundation's decision is binding, and both the consumer and the business accept this binding decision.

Article 16 - Additional and deviating provisions

Additional or deviating provisions from the General Terms and Conditions/Conditions may not be detrimental to 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.

© All Rights Reserved