Terms and Conditions
Terms and Conditions
Below you will find the general terms and conditions that you can use for your webshop. Note: no rights can be derived from these general terms and conditions. Consult a lawyer if you have doubts about the content.
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
- Cooling-off period: the period within which the consumer can exercise their right of withdrawal.
- Consumer: the natural person who does not act in the course of business or profession and enters into a distance contract with the entrepreneur.
- Day: calendar day.
- Duration transaction: a distance contract regarding 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 them personally in a way that allows future consultation and unchanged reproduction of the stored information.
- Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period.
- Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers.
- Distance contract: a contract concluded within the framework of an organized system for distance selling of products and/or services, where up to the conclusion of the contract only one or more techniques for distance communication are used.
- Distance communication technique: a means that can be used to conclude a contract without the consumer and entrepreneur simultaneously meeting in the same space.
- General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
Chamber of Commerce number: 87922711
VAT identification number: NL004506769B90
Article 3 – Applicability
These terms and conditions apply to any offer from the entrepreneur and to any distance contract and orders between the entrepreneur and consumer. Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur's premises and will be sent to the consumer free of charge upon request as soon as possible. If the contract is concluded electronically, the text of these terms and conditions may be made available to the consumer electronically, in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the consumer can access the general terms and conditions electronically, and that they will be sent to the consumer free of charge, either electronically or otherwise, upon request.
Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer. The offer will include a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to assess the offer. If the entrepreneur uses images, these will be a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur. Each offer contains information that makes it clear to the consumer what rights and obligations are associated with the acceptance of the offer, including:
- the price, including taxes;
- possible delivery costs;
- the method by which the contract will be concluded and what actions are required;
- whether or not the right of withdrawal applies;
- the method of payment, delivery, or execution of the contract;
- the period for accepting the offer or the period within which the entrepreneur guarantees the price;
- the communication cost rate for distance communication techniques, if applicable;
- whether the agreement will be archived after conclusion and how the consumer can access it;
- the method for the consumer to check and, if desired, correct the information provided before concluding the agreement;
- the possible other languages in which the contract can be concluded, besides Dutch;
- the codes of conduct the entrepreneur adheres to and how the consumer can consult them electronically;
- the minimum duration of the distance contract, in the case of a duration transaction.
Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set out. If the consumer has accepted the offer electronically, the entrepreneur will confirm receipt of the acceptance of the offer electronically without delay. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can cancel 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 will provide a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures. The entrepreneur may investigate, within legal limits, whether the consumer can fulfill their payment obligations, as well as other facts and factors relevant to entering into the distance contract. If the entrepreneur has good reasons to not enter into the contract based on this investigation, they are entitled to refuse an order or application or to attach special conditions to its execution. The entrepreneur will send the following information to the consumer, in writing or in a manner that allows the consumer to store it on a durable data carrier:
- the business address where the consumer can submit complaints;
- the terms and conditions under which the consumer can exercise the right of withdrawal, or a clear indication that the right of withdrawal does not apply;
- information on guarantees and after-sales service;
- the details mentioned in Article 4, paragraph 3, unless these details have already been provided to the consumer before the execution of the contract;
- the conditions for cancellation if the contract lasts more than one year or is indefinite.
In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 – Right of Withdrawal
For product deliveries: When purchasing products, the consumer has the option to cancel the agreement without giving reasons within 14 days. This cooling-off period begins the day after the consumer receives the product or a representative designated by the consumer and known to the entrepreneur.
During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer exercises their right of withdrawal, they will return the product, with all supplied accessories and, if reasonably possible, in the original state and packaging, following the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they must inform the entrepreneur within 14 days of receiving the product. This must be done in writing or by email. Once the consumer has informed the entrepreneur of their intent to use their right of withdrawal, the product must be returned within 14 days. The consumer must provide proof that the goods have been returned in a timely manner, for example by a shipping receipt. If the consumer does not inform the entrepreneur of their intention to withdraw or does not return the product within the stated periods, the purchase is final.
Article 7 – Costs in Case of Withdrawal
If the consumer uses their 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 the withdrawal, provided that the product has been received by the entrepreneur or proof of complete return is provided.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the right of withdrawal for certain products, as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has explicitly mentioned this in the offer, or at least before the agreement is concluded.
Exclusion of the right of withdrawal is possible for:
- products created according to the consumer's specifications;
- products that are clearly personal in nature;
- products that cannot be returned due to their nature;
- products that spoil quickly or have a short shelf life;
- products whose price is linked to fluctuations in the financial market;
- loose newspapers and magazines;
- audio and video recordings and software whose seal has been broken by the consumer;
- hygienic products whose seal has been broken.
Exclusion of the right of withdrawal is also possible for services:
- relating to accommodation, transport, catering, or leisure activities on a specific date or within a specific period;
- where delivery begins with the consumer’s explicit consent before the cooling-off period has expired;
- concerning gambling and lotteries.
Article 9 – The Price
During the validity period mentioned in the offer, the prices of the offered products and/or services will not increase, except for price changes due to changes in VAT rates.
The entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and that the entrepreneur has no control over, at variable prices. This fluctuation and the fact that any prices mentioned are indicative will be stated in the offer.
Price increases within 3 months after the agreement is concluded are only allowed if they are the result of legal regulations.
Price increases after 3 months are only allowed if the entrepreneur has agreed to this and:
- they result from legal regulations; or
- the consumer has the right to cancel the agreement from the day the price increase comes into effect.
The prices for products or services mentioned in the offer are inclusive of VAT.
All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In case of such errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Compliance and Warranty
The current state of affairs concerns products and services.
They must comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in effect at the time the agreement was concluded. If agreed upon, the Entrepreneur must also ensure that the product is intended for a particular use or normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's statutory rights based on the agreement. Any defects or wrongly delivered products must be reported within 14 days to lift funds from businesses and words. Returned products must be in the original packaging and in new condition.
The warranty terms of subcontractors are adhered to with the factory warranty period. The entrepreneur is never responsible for the final suitability of the products for specific individuals visiting the consumer, even for possible advice regarding ten years of travel by van for passing products.
The warranty does not apply if:
- The consumer has repaired and/or modified the delivered products themselves or had third parties repair and/or modify them;
- The delivered products have been exposed to abnormal conditions or have been mishandled, in conflict with the instructions of the entrepreneur and/or packaging;
- The defects are fully or partially the result of regulations set by the government concerning the nature or quality of the materials used.
Article 11 – Delivery and Use
The entrepreneur will exercise the utmost care in receiving and processing orders for products.
The delivery address provided by the consumer will be communicated to the company.
Subject to what is mentioned in Article 4 of these general terms, the company will fulfill accepted orders with due speed, 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 cannot be fully or partially executed, the consumer will be informed no later than 30 days after placing the order.
In this case, the consumer has the right to cancel the agreement without incurring any costs and is entitled to a refund. If a product ordered is found to be unavailable, the entrepreneur will provide a suitable alternative or inform the consumer.
The return shipping costs are to be borne by the entrepreneur.
The risk of damage or loss of the products is transferred to the consumer when they receive the product, unless otherwise agreed upon.
Article 12 – Duration of Transactions
In cases where the consumer has a waiting period to ensure they are aligned with the product leverages (electricity nearby) from the service, all operational times related to the purchase of the product apply to cancellation rules, with a maximum notice period of one month. The consumer may extend the time to ensure alignment with product usage, while considering agreed-upon cancellation terms.
For fixed-term agreements, unless explicitly stated otherwise, these may not be automatically renewed for a specific period. If an agreement covers the regular delivery of products (electricity included) or services, it cannot be tacitly renewed for a fixed period. A consumer may cancel the extended agreement with a notice period of one month.
Article 13 – Payment
Consumers must pay for the products within 7 business days after receiving the order confirmation. If the consumer delays the payment, the company may charge reasonable fees and interest, in accordance with applicable laws.
Article 14 – Complaints Procedure
Complaints regarding the execution of the agreement must be fully and clearly submitted to the entrepreneur within 7 days after the consumer has discovered the defect. Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a longer response time is required, the entrepreneur will inform the consumer about it.
If the complaint cannot be resolved through mutual agreement, a dispute may arise that will be subject to the dispute resolution procedure.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing. If a complaint is found to be justified, the entrepreneur will choose to either replace or repair the delivered products free of charge.
Article 15 – Disputes
Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms apply, even if the consumer resides abroad.
