Inhaltsübersicht
Table of Contents
Article 1 – Definitions
Article 2 – Identity of the Entrepreneur
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Contract
Article 6 – Right of Withdrawal
Article 7 – Costs in Case of Withdrawal
Article 8 – Exclusion of the Right of Withdrawal
Article 9 – The Price
Article 10 – Compliance and Warranty
Article 11 – Delivery and Execution
Article 12 – Duration of Transactions: Duration, Termination, and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Different Provisions
Definitions
Cooling-off period: the period during which the consumer can exercise his right of withdrawal; learn more about the cooling-off period
Consumer: the natural person who does not act in the exercise of a profession or business and who concludes a distance contract with the entrepreneur;
Day: calendar day;
Continuous transaction: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over a certain period;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in such a way that future consultation and unaltered reproduction of the stored information is possible.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Model withdrawal form: the model withdrawal form provided by the entrepreneur that the consumer can fill in when he wishes to make use of his withdrawal right.
Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance;
Distance contract: an agreement concluded in the context of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more techniques of distance communication up to and including the conclusion of the contract;
Distance communication technique: means that can be used to conclude a contract 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.
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded 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 the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur’s premises and they will be sent to the consumer free of charge as soon as possible at his request.
If the distance contract is concluded electronically, the text of these General Terms and Conditions may be provided to the consumer electronically before the conclusion of the distance contract, in deviation from the preceding paragraph, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the provisions of paragraphs 2 and 3 shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer may always invoke the provision that is most favorable to him.
If one or more provisions of these general terms and conditions are null and void or annulled at any time, the agreement and these terms and conditions shall otherwise remain in force, and the provision in question shall be replaced by mutual agreement as soon as possible by a provision that comes as close as possible to the purpose and scope of the original provision.
Situations not provided for in these general terms and conditions must be assessed “in the spirit” of these general terms and conditions.
Ambiguities in the interpretation or content of one or more provisions of our general 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 duration or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to assess the offer adequately. 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 lead to compensation or dissolution of the agreement.
Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations 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 which actions are necessary for this;
whether or not a right of withdrawal exists;
the method of payment, delivery, and execution
of the agreement;
the period for accepting the offer, or the period for adhering to the price;
the level of the distance communication tariff if the costs of using the distance communication technique are calculated on a basis other than the regular basic tariff for the means of communication used;
whether the agreement will be archived after conclusion, and if so, how the consumer can consult it;
the manner in which the consumer can check and, if necessary, correct the information provided by him under the agreement;
any other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the event of a continuous transaction.
Article 5 – The Contract
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 corresponding conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. The consumer can dissolve the agreement as long as the entrepreneur has not confirmed acceptance.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data, and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can notify or check, within the legal framework, whether the consumer can meet the 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, stating reasons, or to attach special conditions to the implementation.
The entrepreneur will send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium, along with the product or service:
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 exercise the right of withdrawal or a clear statement regarding the exclusion of the right of withdrawal;
the information about guarantees and existing after-sales service;
the price including all taxes on the product or service; where applicable, the delivery costs; and the method of payment, delivery, or performance of the distance contract;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
Once you have placed an order, it cannot be canceled. This is because we work with a company that packs the packages for us. The labels are printed immediately and your order is packed immediately. Unfortunately, we can no longer cancel your order as it will be shipped immediately. We are not responsible if you have entered your delivery address incorrectly and/or incompletely. It is therefore your responsibility to contact the delivery partner and change your delivery address. If this does not work, we cannot refund any money.if the consumer has a right of withdrawal, the model withdrawal form.In the case of a continuing performance contract, the previous clause only applies to the first delivery.
Article 6 – Right of Withdrawal
For products:
The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 30 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to state his reason(s).
The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may refuse an order of several products with a different delivery time, provided that he has clearly informed the consumer of this prior to the ordering process.
if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
for contracts for the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
For services:
The consumer can dissolve a service agreement and an agreement for the supply of digital content that is not supplied on a material carrier during a cooling-off period of at least 30 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to state his reason(s).
The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended cooling-off period for products, services, and digital content that is not supplied on a material carrier when not informing about the right of withdrawal:
If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period will expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the initial cooling-off period, the cooling-off period will expire 30 days after the day on which the consumer received that information.
Article 7 – Costs in Case of Withdrawal If the consumer exercises his right of withdrawal, he will bear at most the costs of returning the goods. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the withdrawal. This is subject to the condition that the product has already been received back by the trader or conclusive proof of complete return can be provided. Article 8 – Exclusion of the Right of Withdrawal The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly stated this in the offer, at least in time for the conclusion of the agreement: Products or services whose price is subject to fluctuations in the financial market on which the entrepreneur has no influence and which may occur within the withdrawal period; Agreements concluded during a public auction. A public auction is understood to mean a method of sale by which products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the possibility of being personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to take the products, digital content, and/or services; Service agreements, after full execution of the service, but only if: the execution has begun with the explicit prior consent of the consumer; and the consumer has declared that he will lose his right of withdrawal once the entrepreneur has fully executed the agreement; Package travel as referred to in Article 7:500 BW and passenger transport agreements; Service agreements for the provision of accommodation, if a specific date or period of performance is provided for in the agreement and other than for residential purposes, goods transport, car rental services, and catering; Agreements related to leisure activities, if a specific date or period of performance is provided for in the agreement; Products manufactured according to the consumer’s specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person; Products that spoil quickly or have a limited shelf life; Sealed products that are not suitable for return due to health protection or hygiene reasons and of which the seal has been broken after delivery; Products that, by their nature, are irrevocably mixed with other products after delivery; Alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence; Sealed audio, video recordings, and computer software, the seal of which has been broken after delivery; Newspapers, magazines, or journals, with the exception of subscriptions to these; The supply of digital content other than on a material carrier, but only if: the execution has begun with the consumer’s explicit prior consent; and the consumer has declared that he thereby loses his right of withdrawal.
Article 9 – The Price During the validity period stated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes due to changes in VAT rates. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This connection to fluctuations and the fact that any mentioned prices are target prices will be stated in the offer. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and: they are the result of legal regulations or provisions; or the consumer has the authority to terminate the agreement as of the date on which the price increase takes effect. The prices stated in the range of products or services include VAT. Article 10 – Compliance 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 soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use. A guarantee arrangement offered by the entrepreneur, manufacturer, or importer does not affect the rights and claims that the consumer can assert against the entrepreneur under the law and/or the distance contract in respect of a shortcoming in the fulfillment of the obligations of the entrepreneur towards the consumer. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition. The entrepreneur’s warranty period 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 had them repaired and/or modified by third parties; the delivered products have been exposed to abnormal conditions or are otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging; the inadequacy is wholly or partially the result of regulations that the government has or will enact 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 implementing orders for products and when assessing requests for the provision of services. The place of delivery is the address that the consumer has made known to the entrepreneur. With due observance of what is stated in Article 4 of these General Terms and Conditions, the entrepreneur will execute accepted orders expeditiously, but no later than 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 30 days after dissolution. If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement product. At the latest upon delivery, it will be stated in a clear and understandable manner that a replacement product will be delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of return shipments are for the account of the entrepreneur. The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a pre-designated and announced representative, unless explicitly agreed otherwise.
Article 12 – Payment
Unless otherwise agreed, the amounts owed 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 the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. If payment is agreed in advance, the consumer may not assert any rights regarding the execution of the order or service(s) in question before the advance payment has been made.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
If the consumer does not fulfill his payment obligation(s) in a timely manner, after the consumer has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a 14-day period to fulfill his payment obligations, the consumer’s statutory obligations to pay interest on the amount due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% over the next €2,500, and 5% over the next €5,000, with a minimum of €40. The entrepreneur may deviate from the aforementioned amounts and percentages to the benefit of the consumer.
Article 13 – Complaints Procedure
The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance 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 foreseeable longer processing time, the entrepreneur will respond within a period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
In the event of complaints, a consumer must first turn to the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and complaints cannot be resolved mutually, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate for free. Check if this webshop has a valid membership here: https://www.webwinkelkeur.nl/leden/. If there is no solution after mediation, the consumer has the opportunity to have his complaint dealt with by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both the entrepreneur and the consumer accept this binding decision. The submission of a dispute to this disputes committee is done by submitting the dispute via the disputes page on Stichting WebwinkelKeur’s website. The decision of this committee is made by way of binding advice. The entrepreneur accepts this binding decision. The decision is made in writing or in another form that can be stored on a durable medium.
Disputes arising from agreements between the entrepreneur and the consumer about the creation or performance of agreements related to this webshop can be submitted, both by the consumer and the entrepreneur, to the Disputes Committee Webshop, P.O. Box 90600, 2509 LP in The Hague (www.sgc.nl).
A dispute will only be dealt with by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
Article 14 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
Disputes between the consumer and the entrepreneur about the conclusion or performance of agreements relating to products and services to be delivered or delivered by this entrepreneur can be submitted by both the consumer and the entrepreneur to the Disputes Committee Webshop, P.O. Box 90600, 2509 LP in The Hague (www.sgc.nl).
A dispute will only be dealt with by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
Please note that the above terms and conditions are provided as a sample and might not cover all aspects or specific legal requirements that could be applicable in your jurisdiction. It’s important to consult with legal professionals to create accurate and comprehensive terms and conditions for your specific situation.