Article 12 - Duration transactions: duration, termination and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or different provisions
Article 1 - Definitions
For the purposes of these terms and conditions, the following definitions shall apply:
Dispute period: the period during which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration Transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: 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.
Right of Withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Model form: the model form for withdrawal made available by the trader which a consumer can fill in when he wants to exercise his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract:an agreement under which, in the context of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication;
Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur being together in the same space at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the Entrepreneur
Article 3 - Applicability
These General Terms and Conditions apply to every offer made by the Entrepreneur and to every distance contract and order concluded between the Entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general 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 conditions at the entrepreneur to see and they are at the request of the consumer as soon as possible be sent free of charge.
If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions electronically to the consumer be made available in such a way that the consumer in a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be inspected electronically and that at the consumer's request they will be sent electronically or otherwise free of charge.
In the event that in addition to these general conditions also specific product or service conditions apply, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general conditions.
If one or more provisions of these terms and conditions at any time wholly or partially void or destroyed, then the agreement and these conditions for the rest remain in force and the provision will be replaced by mutual agreement immediately by a provision that the scope of the original as closely as possible.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions, should be interpreted 'in the spirit' of these terms and conditions.
Article 4 - The offer
If an offer has a limited duration or is made subject to conditions, this is 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 allow a proper assessment of the offer by the consumer. If the entrepreneur uses images are a true reflection of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications data in the offer are indicative and can not give rise to damages or dissolution of the agreement.
Images of products are a true reflection of the products offered. Entrepreneur can not guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information, that for the consumer is clear what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:
the price including taxes;
any shipping costs;
the manner in which the agreement will be concluded and what actions are necessary for that;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the agreement;
the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
the height of the rate of distance communication if the costs of using the technique 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 its conclusion and, if so, in what way it can be consulted by the consumer;
the way in which the consumer, before concluding the agreement, can check and, if desired, restore the data provided by him under the agreement;
any other languages besides Dutch in which the agreement can be concluded;
the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the event of an extended transaction.
Article 5 - The agreement
The agreement is established, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the fulfillment of the conditions thereby stipulated.
If the consumer has accepted the offer electronically, the entrepreneur confirms the receipt of the acceptance of the offer without delay electronically. As long as the agreement of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may - 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 grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
The entrepreneur will include with the product or service to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable medium:
the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
the conditions under which and the manner in which the consumer can use the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
the information on guarantees and existing service after purchase;
the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.
Article 6 - Right of Withdrawal
When products are delivered:
When purchasing products, the consumer has the option of dissolving the agreement without giving any reason for 14 days. This reflection period begins on the day after receipt of the product by the consumer or a pre-designated by the consumer and the entrepreneur announced representative.
During the reflection period, the consumer will carefully handle the product and packaging. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will be the product with all accessories and - if reasonably possible - in its original condition and packaging to return the entrepreneur, according to the entrepreneur provided reasonable and clear instructions.
If the consumer wishes to make use of his right of withdrawal, he is obliged within 14 days after receipt of the product, to make this known to the entrepreneur. The consumer must make this known by means of the model form or by another means of communication such as e-mail. After the consumer has made it known that he wants to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods are returned on time, for example by means of a proof of shipment.
If the customer after the expiration of the periods mentioned in paragraphs 2 and 3 has not made known his intention to use his right of withdrawal resp. the product has not returned to the entrepreneur, the purchase is a fact.
When services are delivered:
When services are delivered, the consumer has the option of dissolving the contract without giving any reason to cancel for at least 14 days, starting on the day of entering into the agreement.
In order to exercise his right of withdrawal, the consumer will focus on the trader at the offer and / or no later than on delivery in this regard provided reasonable and clear instructions.
Article 7 - Costs in case of withdrawal
If the consumer exercises his right of withdrawal, at most the cost of return will be for his account.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is the condition that the product is already received back by the merchant or conclusive evidence of complete return can be presented. Refund will be made via the same payment method used by the consumer unless the consumer explicitly authorizes a different payment method.
In case of damage to the product by careless handling by the consumer himself, the consumer is liable for any depreciation of the product.
The consumer can not be held liable for depreciation of the product when the entrepreneur has not provided all legally required information about the right of withdrawal, this should be done before the conclusion of the purchase agreement.
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 applies only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
those made by the entrepreneur to the specifications of the consumer;
those which are clearly personal in nature;
those which by their nature can not be returned;
those which spoil or age quickly;
whose price is subject to 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 hygiene products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
concerning accommodation, transportation, restaurant business or leisure activities to be performed on a certain date or during a certain period;
whose delivery started with the express consent of the consumer before the expiration of the cooling-off period;
concerning betting and lotteries.
Article 9 - The price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, subject to price changes resulting from changes in VAT rates.
Notwithstanding the preceding 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 control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices, are mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:
they are the result of statutory regulations or provisions; or
the consumer has the power to terminate the agreement from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services are inclusive of VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10 - Conformity and warranty
The entrepreneur guarantees that the products and / or services meet the contract, the specifications listed in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. 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 consumers under the agreement against the entrepreneur can assert.
Eventual defects or wrongly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. Return of the products must be 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 warranty does not apply if:
the consumer has repaired and / or modified the delivered products himself or has had them repaired and / or modified by third parties;
the delivered products have been exposed to abnormal conditions or otherwise carelessly treated or contrary to the instructions of the entrepreneur and / or on the packaging have been treated;
the inadequacy wholly or partially as a result of regulations that the government has set or will set regarding 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 of products and in assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
With due observance of what is stated in paragraph 4 of this article, 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 is not or only partially carried out, the consumer receives notice of this no later than 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any terms mentioned. Exceeding a period gives the consumer no right to compensation.
In the event of dissolution in accordance with the paragraph 3 of this article, 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 impossible, the entrepreneur will make an effort to provide a replacement product available. At the latest upon delivery will be clear and comprehensible manner reported that a replacement article is delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a pre-designated and made known to the entrepreneur representative, unless otherwise expressly agreed.
Article 12 - Extended duration transactions: duration, termination and renewal
The consumer may contract for an indefinite period, which extends to the regular delivery of products (including electricity) or services, at any time terminate taking into account the agreed termination rules and a notice of up to one month.
The consumer may contract for a definite period, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term terminate in compliance with the applicable termination rules and a notice of up to one month.
The consumer may terminate the contracts mentioned in the previous paragraphs:
at any time and not be limited to termination at a specific time or in a specific period;
at least in the same way as they were entered into by him;
always terminate with the same notice period as the entrepreneur has stipulated for himself.
An agreement entered into for a definite period, which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.
In departure from the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer can terminate this extended contract by the end of the extension with a notice period not exceeding one month.
A fixed-term contract that has been concluded for the regular delivery of products or services may be tacitly extended for an indefinite period of time only if the consumer may terminate it at any time with a period of notice that does not exceed one month and a period of notice that does not exceed three months in the event that the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A contract with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of not more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 - Payment
If not otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. In case of an agreement to provide a service, this period commences after the consumer has received the confirmation of the agreement.
The consumer has the duty to inaccuracies in payment data provided or stated to report immediately to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur subject to legal restrictions, the right to advance to the consumer reasonable costs to charge.
Article 14 - Complaints
The entrepreneur has a sufficiently publicized complaints procedure and deals with the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be made within 2 months fully and clearly described and submitted to the entrepreneur, after the consumer has found 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 respond within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint can not be resolved by mutual agreement creates a dispute that is subject to the dispute settlement.
In case of complaints, a consumer should first turn to the entrepreneur.
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 by the entrepreneur, the entrepreneur will, at his discretion, or replace or repair the delivered products free of charge.
Article 15 - Disputes
On agreements between the entrepreneur and the consumer to which these general conditions relate, only Dutch law applies.
The Vienna Sales Convention does not apply.
Article 16 - Additional or different provisions
Additional provisions or provisions that differ from these general terms and conditions should not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can be stored in an accessible manner on a durable medium.