Terms and Conditions

Terms and Conditions

Article 1 - Definitions

These conditions mean the following:

Cooling-off period: the period within which the consumer can exercise his right of withdrawal.

Consumer: the natural person who does not perform any actions in the context of his 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 of which extends over a certain period.

Durable data carrier: any means that enables the consumer or entrepreneur to store personal information addressed to him in a way that allows future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the consumer's right to cancel the distance contract within the cooling-off period.

Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers.

Distance agreement: an agreement whereby the entrepreneur, in the context of his organized system for distance sales of products and/or services, uses one or more techniques for distance communication up to and including the conclusion of the agreement.

Remote communication technology: 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: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur Company details

Company name: On request.

KVK: On request.

Address: Not applicable.

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders 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, before concluding the distance contract it will be indicated that the general terms and conditions can be viewed at the entrepreneur and that they will be provided free of charge at the consumer's request. If the distance contract is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically in a manner that enables the consumer to store them on a durable data carrier for future consultation. If this is not reasonably possible, before concluding the distance contract it will be indicated where the general terms and conditions can be viewed electronically and that they will be provided free of charge electronically or otherwise at the request of the consumer. If, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply mutatis mutandis and in the event of conflicting terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the remainder of the agreement and these terms and conditions will remain in force and the provision in question will be immediately replaced in mutual consultation by a provision that reflects the scope of approximates the original 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. Any uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The offer

If an offer has a limited period of validity or is made under certain conditions, this will be clearly stated in the offer. The offer is without obligation. The entrepreneur has the right 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 the consumer to adequately assess the products and/or services. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes 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 termination of the agreement. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the real colors of the products. Obvious mistakes or errors in the offer do not bind the entrepreneur. Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with acceptance of the offer.

Article 5 - The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate 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 ensure a secure 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, based on 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 execution. 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:

a. the visiting address of the entrepreneur's branch where the consumer can go with complaints;

b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

c. the information about warranties and existing after-sales service;

d. the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;

e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;

f. if the consumer has a right of withdrawal, the model withdrawal form. In the case of a duration transaction, the provision in the previous paragraph only applies 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 for products

The consumer has the option to terminate the agreement without giving reasons within 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur. During the cooling-off 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 basic principle here is that the consumer may only handle and inspect the product as he would in a store. The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes further than permitted in paragraph 1. The consumer is not liable for depreciation of the product if the entrepreneur does not inform him before or at the time of delivery. has provided all legally required information about the right of withdrawal at the time of concluding the agreement. If the consumer exercises 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 shall 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 supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer. The consumer bears the direct costs of returning the product. If the consumer revokes after first having expressly requested that the performance of the service or the supply of gas, water or electricity that are not prepared for sale in a limited volume or specific quantity commences during the cooling-off period, the consumer is the entrepreneur. amount due that is proportional to that part of the obligation fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation. The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity that are not prepared for sale in a limited volume or quantity, or for the supply of district heating, if:

a. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in case of withdrawal or the model form for withdrawal, or;

b. the consumer has not expressly requested the start of the performance of the service or delivery of gas, water, electricity or district heating during the cooling-off period.

When providing services: The consumer has the option to terminate the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement. To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 - Costs in case of withdrawal

If the consumer exercises his right of withdrawal, a maximum of the costs of return will be borne by him. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after the return or cancellation.

Article 8 - Exclusion of right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal to the extent provided 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 time before concluding the agreement.

Exclusion of the right of withdrawal is only possible for products:

a. which have been created by the entrepreneur in accordance with the consumer's specifications;

b. that are clearly personal in nature;

c. which by their nature cannot be returned;

d. that can spoil or age quickly;

e. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;

f. for 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 services:

a. regarding accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;

b. the delivery of which has started with the express consent of the consumer before the cooling-off period has expired;

c. concerning betting and lotteries.

Exclusion of the right of withdrawal is only possible for digital content that is not supplied on a tangible medium, if the consumer:

a. has stated that he hereby loses his right of withdrawal.

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, except for price changes as a result of changes in VAT rates. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability to fluctuations and the fact that any prices stated 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 legal regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

a. these are the result of legal regulations or provisions; or

b. the consumer has the right 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.

Article 10 - Conformity and Warranty

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. A guarantee provided by the entrepreneur, his supplier, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. Products must be returned in the original packaging and in new condition. Putting into use after discovery of a defect, damage occurring after discovery of a defect, encumbrance and/or resale after discovery of a defect, completely voids this right to complain and return. If complaints from the consumer are found to be justified by the entrepreneur, the entrepreneur will, at his discretion, either replace the delivered products free of charge or make a written arrangement with the consumer regarding compensation, on the understanding that the liability of the entrepreneur and therefore the amount of the compensation is always limited to a maximum of the invoice amount of the products in question, or (at the entrepreneur's option) to the maximum amount covered in the relevant case by the entrepreneur's liability insurance. Any liability of the entrepreneur for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage.

Article 11 - Delivery and execution

The entrepreneur will exercise the utmost care when receiving and executing orders for products. The place of delivery is the address that the consumer has provided to the company. Taking into account what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than one month after he has placed 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 refund 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 representative designated in advance and announced to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Duration transactions: duration, cancellation and extension Cancellation

The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products or services at any time, taking into account 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 fixed period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed duration, taking into account the agreed cancellation rules and a notice period of at least maximum one month. The consumer can terminate the agreements referred to in the previous paragraphs:

• cancel at any time and not be limited to cancellation at a certain time or in a certain period;
• at least cancel in the same manner as they were entered into by him;
• always cancel with the same notice period as the entrepreneur has agreed for himself.

Extension:

An agreement that has been entered into for a specific period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific period. Notwithstanding the previous paragraph, an agreement that has been entered into for a fixed period and which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer refuses to accept this extended agreement. may terminate 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. The duration of a fixed-term agreement does not extend over a period of more than two years. If an agreement has a duration of more than two years, the consumer may terminate the agreement at any time after two years with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

Payment must be made within 14 days after the invoice date, in a manner to be specified by the entrepreneur in the currency in which the invoice was issued, unless otherwise indicated in writing by the entrepreneur. The entrepreneur is entitled to invoice periodically. When selling products to consumers, an advance payment of more than 50% may never be stipulated in general terms and conditions. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made. The consumer has the obligation to immediately report any 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 communicated to the consumer in advance.

Article 14 - Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure. Complaints about the execution 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 a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement procedure.

Article 15 - Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law [even if the consumer lives abroad].