Terms of service
Article 1 – Definitions
In these terms and conditions the following terms have been meanings referred to:
- Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance agreement and these goods, digital content and/or services are delivered by the business or by a third party on the basis of an agreement between that third party and the business.
- Cooling-off period: the period during which the consumer can use his right of withdrawal.
- Consumer: The natural person who is not acting for purposes relating to his trade, business, artisan or professional activity.
- Day: calendar day.
- Continuing performance contract: an agreement relating to the regular delivery of goods, digital content and/or services during a certain period.
- Right of withdrawal: the possibility the consumer has of cancelling the distance agreement during the cooling-off period.
- Business: the natural person or legal entity that offers products, (access to) digital content and/or services remotely to consumers.
- Distance agreement: an agreement which is entered into between the business and the consumer within the framework of an organised system for the distance selling of products, digital content and/or services whereby, up to and including the closure of the agreement, one or more techniques for distance communications are exclusively or jointly used.
- Model withdrawal form: the European model withdrawal form which is included in Annex I of these terms and conditions.
Article 2 - The identity of the business
Veemarktkade 8c, 5222 AE ’s-Hertogenbosch
Telephone number: +31 (0)85 7821333
Email address: email@example.com
Chamber of Commerce no: 58862692
VAT identification number: NL853213215B01
Article 3 – Applicability
- These general terms and conditions apply to any offer by the business and to any agreement between the business and a consumer.
Article 4 - The offer
- If an offer has a limited period of 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 assess the offer properly. If the business uses illustrations, these will be a faithful representation of the products, digital content and/or services offered. Apparent mistakes or errors in the products and services offered are not binding to the business.
- Each offer will contain sufficient information to clarify to the consumer the rights and obligations which are attached to acceptance of the offer.
- Special offers and promotions are valid as long as stocks last.
Article 5 - The agreement
- Subject to the provisions of paragraph 4 the agreement is formed at the moment of acceptance of the offer by the consumer and the fulfilment of the conditions stated therein.
- If the consumer has accepted the offer by electronic means, the business will immediately confirm receipt of the offer acceptance by electronic means. The consumer can dissolve the agreement as long as the business has not confirmed receipt of this acceptance.
- If the agreement is formed electronically, the business will take suitable technical and organisational measures to protect the electronic transfer of data and will arrange a safe web environment. If the consumer can pay electronically, the business will have suitable security measures in place.
- Within the statutory frameworks the business can find out whether the consumer can fulfil his payment obligations, as well as all the facts and factors which are important for the responsible conclusion of the agreement. If, as a result of these investigations, the business has good grounds for not concluding the agreement, the business will be entitled, while providing reasons, to refuse an order or request or to attach special conditions to its execution.
Article 6 - Right of withdrawal
- The consumer can dissolve a distance agreement relating to the purchase of a product during a coolingoff period of at least 14 days without having to state reasons. Although the business may ask the consumer for the withdrawal reason, the consumer is not obliged to state his reason(s).
- The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third
party designated by the consumer, that is not the transport operator, has received the product, or:
- if the consumer has ordered a number of products in one and the same order: the day on which the consumer, or a third party the consumer has designated, has received the final product; The business may refuse an order for several products with different delivery times provided the business has clearly informed the consumer to that effect prior to the order process.
- if the delivery of a product consists of various consignments or parts: the day on which the consumer, or a third party the consumer has designated, has received the final consignment or the final 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 the consumer has designated, has received the first product.
Article 7 - Obligations of the consumer during the cooling-off period
- During the cooling-off period, the consumer will look after the product and the packaging. The consumer will only unpack or use the product to the extent that is necessary in order to determine the product’s nature, characteristics and operation. The point of departure in this regard is that consumers may only use and inspect the products as they would do in a store.
- The consumer is only liable for any decrease in value of the product which is the consequence of handling the product which goes beyond what is permitted in paragraph 1.
- The consumer is not liable for any decrease in value of the product if the business does not provide the consumer with all the information regarding the right of withdrawal, that is required by law, before or upon conclusion of the distance agreement.
Article 8 - Exercising the right of withdrawal by the consumer and the related costs
- If consumers use their right of withdrawal, they must report this to the business during the cooling-off period using the model withdrawal form, or in another unequivocal way.
- As quickly as possible, but in any event 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 authorised representative of) the business. The above is unnecessary if the business has offered to collect the product itself. The consumer must, in any event, observe the return deadline if the product is returned before the end of the cooling-off period.
- The consumer then returns the product with all accessories supplied, if reasonably possible in its original state and packaging, and in accordance with the reasonable and clear instructions issued by the business.
- The consumer bears the risk and burden of proof for the correct and timely exercising of the right of withdrawal.
- The consumer bears the direct costs of returning the product. If the business has not stated that the consumer must bear these costs, or if the business indicates that it will pay the costs itself, the consumer does not have to bear the costs for returning the product.
- If the consumer uses his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9 - Obligations of the business in the event of withdrawal
- If the business makes it possible for the consumer to issue a notification of withdrawal electronically, the business will immediately send a confirmation of receipt, after receipt of this notification.
- The business will reimburse all payments by the consumer, including any delivery costs charged by the business for the returned product, immediately, but in any event within 14 days following the day on which the consumer has notified the business of the withdrawal. Unless the business offers to collect the product, the business is entitled to delay repayment until the product has been received or until the consumer demonstrates that the product has been returned, whichever is earlier.
- The business will use the same payment method for repayment as the consumer used, unless the consumer agrees to a different method. The consumer will not be charged for any repayments.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the business will not have to repay the additional costs for the more expensive method.
Article 10 - Exclusion of right of withdrawal
- Products manufactured in accordance with the consumer’s specifications and which have not been prefabricated and which have been manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person, are excluded from the right of withdrawal.
Article 11 - The price
- During the period of validity referred to in the offer, the prices of the products and/or services offered will not be increased except in the event of price changes as a consequence of changes in VAT rates.
- Contrary to the previous paragraph, the business can offer products or services at variable prices if their prices are linked to fluctuations on the financial market on which the business does not have any influence. This link to fluctuations and the fact that any prices stated are indicative prices will be stated when the products or services are offered.
- Price increases within 3 months after the formation of the agreement are only permitted if they are the consequence of statutory regulations or provisions.
- Price increases as from 3 months after the formation of the agreement are only permitted if the business
has stipulated this and:
- they are the consequence of statutory regulations or provisions; or
- the consumer is authorised to cancel the agreement as from the day on which the price increase comes into effect.
- The prices referred to in the offer of products or services include VAT.
Article 12 - Fulfilment of agreement and extra guarantee
- The business guarantees that the products and/or services fulfil the agreement, the specifications referred to in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations that exist on the date of formation of the agreement. If agreed, the business also guarantees that the product is suitable for use other than normal use.
- An extra guarantee issued by the business, its supplier, manufacturer or importer will never restrict the statutory rights and claims which the consumer can invoke vis-à-vis the business on the grounds of the agreement if the business has failed in the fulfilment of its part of the agreement.
- Extra guarantee means any commitment by the business, its supplier, importer or producer in which the business allocates certain rights or claims to the consumer which go beyond its legal obligation in the event of failure to fulfil its part of the agreement.
Article 13 - Delivery and execution
- The business will observe the greatest care when receiving and executing orders for products and when assessing requests for the provision of services.
- The delivery location is the address communicated by the consumer to the business.
- With due regard for the relevant stipulations of Article 5 of these general terms and conditions the business will execute orders with due speed but by no later than within 30 days, unless a different delivery date has been agreed. If the delivery is delayed, or if an order cannot be carried out (in full), the consumer will be informed by no later than 30 days after the order was placed. In that case the consumer will be entitled to dissolve the agreement at no cost and will be entitled to possible compensation.
- After dissolution in accordance with the previous paragraph, the business will immediately repay the amount that the consumer paid.
- The risk of damage and/or loss of products is vested in the business up until the moment of delivery to the consumer, or a predetermined representative as communicated to the business, unless explicitly agreed otherwise.
Article 14 – Payment
- Insofar as not stipulated otherwise in the agreement or supplementary conditions, the amounts payable by the consumer must be paid within 14 days after the commencement of the cooling-off period or, in the absence of a cooling-off period, within 14 days after conclusion of the agreement. In the event of an agreement to provide a service, this period will start on the day after the consumer has received confirmation of the agreement.
- In the context of selling products to consumers, the consumer may never be obliged in general terms and conditions to make an advance payment of more than 50%. If an advance payment is agreed, the consumer cannot exercise any rights with regard to the execution of the order or service(s) in question before the agreed advance payment has been made.
- The consumer is obliged to inform the business immediately of any irregularities in the issued or stated payment details.
- If consumers do not fulfil their payment obligation(s) they will, after having been informed by the business of the late payment and after the business has granted the consumer 14 days to fulfil the payment obligations and if no payment is forthcoming within this 14-days deadline, owe the statutory interest on the amount still payable, with the business being entitled to charge the extrajudicial collection costs incurred. These collection costs will be for a maximum of: 15% over outstanding amounts up to € 2,500.00; 10% over the subsequent € 2,500.00 and 5% over the next € 5,000.00 with a minimum applying of € 40.00. The business can deviate from the amounts and percentages stated to the benefit the consumer.
Article 15 – Discount codes and gift cards
- The discount codes issued by the business are strictly personal and non-transferable.
- If discount codes are misused, the business reserves the right to refuse to deliver products, or to charge the discount granted wrongly after all.
Article 16 - Complaints procedure
- The business has a sufficiently publicised complaints procedure which is the basis for the way it processes complaints.
- Complaints with regard to the execution of the agreement must be submitted to the business, along with a clear and full description, as soon as possible after the consumer has observed the defects.
- Complaints received by the business will be responded to within a period of 14 days, counting from the date of receipt. If a complaint is expected to take longer to process, the business will respond within a period of 14 days with a notification of receipt and an indication as to when the consumer can expect a more detailed response.
- In any event the consumer must give the business 4 weeks to resolve the complaint on the basis of mutual consultation. After this deadline the complaint will be regarded as a dispute which can be resolved via the dispute settlement procedure.
- It is also possible to report complaints via the European ODR platform (http://ec.europa.eu/odr).
Article 17 – Disputes
- Agreements between the business and the consumer to which these general terms and conditions relate are exclusively subject to Dutch law, unless mandatory rules stipulate otherwise.
Annex I: Model withdrawal form
Model withdrawal form
(only fill in this form and return it if you want to withdraw from the agreement)
- To: [name of business]
[geographical address of the business]
[fax number of the business, if available]
[email address or electronic address of the business]
- I/We* hereby wish* to inform you that I/we* would like to withdraw our agreement concerning
the sale of the following products: [product description]*
the delivery of the following digital content: [description of the digital content]*
the performance of the following service: [description of service]*
- Ordered on*/received on* [date of order in the case of services or receipt in the case of products]
- [Name of consumer(s)]
- [Address of consumer(s)]
- [Signature of consumer(s)] (only if this form is submitted on paper)
* Please delete what is not applicable or supplement where necessary.