Table of contents:
Article1 - Definitions
Article 2 - Customer identity
Article 3 - Relevance
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawel
Article 7 - Costs in case of withdrawel
Article 8 - Exclusion of right of withdrawel
Artikel 9 - The price
Article 10 - Conformity and guarantee
Article 11 - Delivery and execution
Article 12 - Duration of transaction: duration, cancellation and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Supplementary or deviating clause
These requirements are known by:
1. Reflection time: the period of time within which the consumer is allowed to use the right of withdrawel;
2. Consumer: a person that does not trade in exercise of profession or business and undertakes an agreement from a distance with the business;
3. Date: calender day;
4. Duration of transaction: an agreement from a distance which involves a range of products and/or services, of which the delivery- and/or purchase oblication is spread over time;
5. Durable data carrier: each resource that enables the consumer or business to save information which is directed to them personally, in a way that makes future consultation and unchanged reproduction of the saved information possible;
6. Right of withdrawel: the possibility for the consumer to cancel the agreement from a distance within the allotted timeframe;
7. Model form: the model form with regard to right of withdrawel that the business makes available that a consumer is able to fill in when they would like to make use of their right of withdrawel;
8. The business: the natural person or business that offers products and/or services from a distance to consumers;
9. Agreement from a distance: an agreement in which in line with a system organised by the business for making transactions of product and/or services from a distance, untill closure of the agreement will only be used for one or more Mechanisms for communication from a distance;
10. Mechanism for communication from a distance: resource that can be used to secure an agreement, without consumer or business having come together in the same room at the same time.
11. General conditions: the terms and condition present in the business.
Article 3 - Relevance
1. These terms and conditions are applicable to each offer of the business and on each established distance agreement and orders between business and consumer.
2. Before the distance agreement concluded, the terms and condition will be available to the customer. Should this not be possible in any way, will before the agreement is concluded at a distance, it be made known that the terms and conditions are available at the business and will be sent as fast as possible and without any costs upon request of the consumer.
3. When the distance cotract is electronically concluded, could in deviation of the previous section and before the agreement is concluded the tekst of these terms and conditions be sent electronically in such a way that the consumer can easily save them on a durable data carrier. Should this not be possible, will before the agreement is concluded the customer be notified how through electronical ways the terms and conditions can be read, and that the terms and condition upon request of the customer will be send through another channel free of cost.
4. In case that besides these terms and conditions there are specific product and/or service conditions applicable, is the second and third section of this article applicable and the customer is able to, in case of opposing terms and conditions, withdraw on an applicable clause most suitable to them.
5. Should one or more clause in these terms and conditions at any moment be wholly or partly void or destroyed, will the agreement and these terms and conditions remain and precautions regarding those measures will be taken in in agreement of mutual converstion that will include the former clause as much as possible.
6. Situations that are not included within these terms and conditions, need to be judged in the spirit of these terms and conditions.
7. Uncertainties on the explanation or content of one or more articles of our terms and conditions, need to be jusged in the spirit of these terms and conditions.
Article 4 - The offer
1. Should an offer have limited durance or conditions this will be pointed out in the offer specifically.
2. The offer is without obligation. The business is entitled to modify the offer and change it.
3. The offer includes a complete and precise description of the offered products and/or services. The offer is sufficiently detailed to be judged well by the consumer. Should the business make use of pictures, they are a truthful image of the offered products and/or services. Apparent mistakes or apparent mishaps in the offer will not bind the business,
4. All the images and specification details in the offer are an indication and can not lead to compensation or dissolution of the agreement.
5. Images of products are a truthful picture of the offered products. The business can not guarantee that the pictures colours are an exact match with te real colours of the products.
6. Every offer includes sufficient information to inform the consumer what the rights and obligations are, that are combined to te acceptance of the offer. This includes especially:
Article 5 – The agreement
1. The agreement will, with reservation of the discussed in article 4, be completed at the moment of agreement of the customer and the completion of the needed requirements.
2. Should the consumer agree the order through the electronical way, the business will confirm this through the electronical way. As long as the receipt of this agreement has not been confirmed by the business, is the customer able to cancel the agreement.
3. Should the agreement be agreed upon electronically, will the business make use of a relevant technical and organisational security measurement to secure the electronical transfer of data and they will make sure that a safe web environment is created. Should the consumer be able to pay electronically, the business will add the relevant security measures as well.
4. The business can research – within lawful environments – if the consumer can complete the payment, including the fact and figures surrounding the responsible acceptation of a distance agreement. Should the business on the grounds of this investigation decline the agreement, will they be lawfully able to decline the agreement or to be bound to the special conditions surrounding execution.
5. The business will send the following information, in writing or otherwise accessible for the consumer on a durable data carrier with the product or service;
6. In case of a duration transaction is the clause in the previous section only applicable on the first delivery.
7. Every agreement is ignited under the conditions of enough availability of regarding products.
Article 6 – Right of withdrawal
With the delivery of products:
1. The customer has the possibility to cancel the agreement without giving reason for 14 days after the purchase of products. This period of time starts from the day after receiving the product by the consumer or at a previously agreed upon time.
2. During the reflection time will the customer be handling the product and packaging materials with care. They will only unpack and use the product in ways that are deemed necessary in order to make judgement on whether or not they want to keep or return the product. Should they want to make use of the right of withdrawal, they will have to send the product back with all its components intact and – should this be possible – in the original state and packaging materials conforming with the requirements made by the business.
3. When the consumer wants to make use of the right of withdrawal they are obligated to make this known within 14 days after receiving the product. The making known of the right of withdrawal has to be done through the model form. After the consumer has made known that they would like to make use of the right of withdrawal they have to send the product back within 14 days after receival. The consumer has to have proof of a timely return, for example through proof of shipment.
4. Should the consumer not have made known their wish to make use of their right of withdrawal after the in section 2 and 3 mentioned time spans or not have send the product back to the business, is the purchase a fact.
Article 7 – Expenses in case of withdrawal
1. In case the consumer makes use of their right of withdrawal, are they responsible for the costs of returning the order.
2. Should the consumer have already paid for the order, will the business return this amount as soon as possible, at last 14 days after the right of withdrawal has been made. However a prerequisite for this that the product has been received by the business of that a r[proof of complete return has been communicated and agreed. Return of amount paid will commence the same way as the payment was received at first, however should the consumer give consent for another form of return payment this is also a possibility.
3. When the product has been damaged due to careless handling by the consumer is the consumer themselves responsible for any possible reduction in worth of the product.
4. The consumer can not be held liable for damages to the product when the business has not send a complete obligatory information form about the right of withdrawal, this should be send when closing the agreement.
Article 8 – Exclusion of right of withdrawal
the business can exclude the right of withdrawal of the consumer for products described in section 2 and 3. The exclusion of right of withdrawal is only deemed valid when the business has clearly specified this in the offer, or in due time before closing the agreement.
2. The exclusion of withdrawal is solely possible for the following products:
a. that have been brought to attention by the business in alignment with the specifications of the consumer;
b. that are clearly of personal nature;
c. that can not be send back because of their nature;
d. that are of a quick perishable nature;
e. of which the price is bound to volatility of the financial market upon which the business has no influence;
f. individual papers and/or magazines
g. for audio- and video-records and personal computer software of which the consumer has broken the protective seal;
h. for hygienic products of which the consumer has broken the protective seal;
3. The exclusion of right of withdrawal is solely possible for the following services:
a. specified accommodations, travel, restaurant business or entertainment activities at a specific date or during a specific period of time;
b. of which the delivery has been started with the specific agreement of the consumer before the delivery time has passed;
c. specified gambles and lotteries.
Article 9 – The price
1. During the validity period specified in the offer mentioned prices of products offered and/or services will not be increased, except price changes with regard to changes in the tax tariffs.
2. Deviating from the previous section, the business can offer products and services of which the prices are bound to the volatility of the financial market and of which the business has no influence upon with regard to variable prices. This dependency on financial volatility of the market and the fact that the prices mentioned are guidelines are mentioned in the offer.
3. Price increases within three months after the agreement are only allowed should they be the results of lawful changes or legislations.
4. Price increases from three months after the agreement has been made are only allowed should the business have stipulated this and:
a. this is the result of lawful changes or legislations; or
b. the consumer has the right to cancel the agreement starting from the day the price increase commences.
5. The prices mentioned in the offer are including taxes.
6. All prices are with reservation of possible print- and text errors. For the results of print- and text errors there will not be any liabilities for the business accepted. With print- and text errors is the business not obligated to deliver the product in accordance with the faulty price.
Article 10 – Conformity and guarantees
1. The business is responsible of the products and/or services align with the agreement, the specifications mentioned in the offer, reasonably the usefulness and the mentioned and the law and legislation mentioned on the date of the agreement. Should it have been discussed and agreed is the business liable for other than normal use.
2. The guarantees made by the business, producer, or import party is not changes by the lawful rights and claims that the consumer can be made liable on grounds of the agreement.
3. Faulty or wrongful delivery have to be made known to the business at last 4 weeks after delivery in writing. Return shipment of the products should be made with the original packaging and original state of the products.
4. The time period for guarantees of the business aligns with the guarantee time period of the producer. The business however is never responsible for the ending usefulness of the products for each individual use of the consumer, as well as the possible advises with regard to the use of the products.
5. The guarantee is not valid when:
Article 11 – Delivery and fulfilment
1. The business will take into consideration the greatest care when receiving and fulfilling orders and with the assessment of reception enquiry for services.
2. The place of delivery is the address that the consumer has made known to the business.
3. Taking into consideration section 4 of this article, the business will fulfil accepted orders with due speed within 30 days, except for when the consumer has agreed to a longer delivery period. Should the delivery have been delayed, or can an order be only partially completed, will the consumer receive note of this at least 30 days after they have placed the order. The consumer in this case has the right to cancel the agreement without any further costs. The consumer has no right in this case to claim compensation.
4. All delivery times are an indication. The consumer can not take any rights from changes in the delivery times, and has no right to claim damages.
5. In case of a cancellation with regard to section 3 of this article will the business return the amount that the consumer has paid as soon as possible, within 14 days after cancellation.
6. Should the delivery of a certain product be impossible, will the business take care to find a replacement product. At last at point of delivery will it be made known that a replacement article will be delivered. With replacement products will the right of withdrawal not be cancelled. The costs of return in this case are for the business.
7. The risk of damages and/or loss of the order is taken by the business until the point of delivery to the consumer or at a previously mentioned and agreed upon by the business representative unless specified otherwise within the agreement.
Article 12 – Duration transactions, cancellation and prolongation cancellation
1. The consumer can cancel the agreement that has been started for an undefined period of time and takes into consideration the delivery of the products (electricity thereof included) or services at all times when they are within the lines of the agreed upon cancellation rules and cancellation period of at its best one month.
2. The consumer can cancel the agreement that has been started for an undefined period of time and takes into consideration the delivery of the products (electricity thereof included) or services at all times when they are within the lines of the agreed upon cancellation rules and cancellation period of at its best one month.
3. The consumer can the in the previously mentioned sections the agreements:
4. The agreement that has been commenced for a specified period of time and stretches to the delivery of products (electricity thereof included) or services, can not be prolonged without mention or renewed for a period of time.
5. In deviation of the previous section can the agreement that has been commenced for a specified period of time and stretches until the delivery of day- news- and week papers and magazines be prolonged without notion for a maximum of three months, if the consumer can end this prolonged agreement by the end of the prolongation with a notice period of at its highest one month
and a notice period of at its highest three months should the agreement stretch to include regularly, though less than once a month delivery of day-, news-, and week papers and magazines.
6. An agreement with limited period of duration until the arranged or made known delivery of day-, news, and week papers and magazines (try out or introductory subscription) is not prolonged without notion and ends automatically after the try out or introductory subscription period.
7. Should an agreement have a duration period of more than a year, then the customer can always cancel the agreement after a year with the notice period of at least a month, unless in a reasonable fashion they go against cancellation before the end of the agreement.
Article 13 – Payment
1. Unless is has not been otherwise agreed, is the consumer liable to pay the amount owed within 7 working days after the reflection time has commenced as mentioned in article 6 section 1. In case of an agreement regarding services this period commences after the consumer has received the notice of agreement.
2. The consumer has the obligation to mention faults in received or mentioned payment details without delay to the business.
3. In case of a default payment from the consumer does the business have the right to charge the previously notified costs in reasonable fashion the consumer.
Article 14 – Complaints procedure
1. The business encompasses a sufficiently made known complaints procedure and takes the complaints into consideration in alignment with the complaints procedure.
2. Complaints about the fulfilment of the agreement have to be made within 7 days with complete and clear information, and filed to the business after the consumer has noted the faults.
3. The complaints that have been filed to the business have to be answered within 14 days after receival. Should the complaint have a need for a longer answering period, will the business answer within 14 days with an indication of a period of time when the consumer could expect a more concrete answer.
4. When the complaint can not be agreed upon it ignites a conflict that is liable for the conflict procedure.
5. The consumer should always first notify the business when they want to file a complaint. Should the two parties not come to a solution they have the possibility to have the complaint reviewed by an individual dispute committee, the result of this is binding and both business and consumer are to be subject to this result. When the complaint is filed with the dispute committee there are some costs attached to the dispute, these costs are bound to the consumer and are to be paid by the consumer to the specified committee. Moreover, it is possible as well to file a complaint through the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not end the obligations of the business, unless the business has specified otherwise in writing.
7. Should the complaint be found reasonable with the business, will the business replace the delivered products without cost or repair them.
Article 15 – Disputes
1. Within the agreements between business and consumer on which these terms and conditions are applicable is solely the Dutch right applicable. This remains the case when the consumer is living outside of the Netherlands.
2. The Viennese purchase treaty is not applicable.
Article 16 – additional or deviating clauses
Additional clauses of these terms and conditions may never be at the cost of the consumer and should be made in writing in such a way that the consumer can find and save them on a durable data carrier.