Table of contents

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The Agreement 
Article 6 - Right of withdrawal 
Article 7 - Obligations of the consumer during the cooling -off period 
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof 
Article 9 - Obligations of the entrepreneur in the event of withdrawal 
Article 10 - Exclusion of the right of withdrawal 
Article 11 - The price 
ARTICLE 12 - NEAR and extra warranty 
Article 13 - Delivery and implementation 
Article 14 - Duration transactions: Duration, cancellation and extension 
Article 15 - Payment 
Article 16 - Complaints procedure
Article 17 - retention of title
Article 18 - Other provisions

Article 1 - Definitions

In these terms and conditions::

1.1 Additional agreement: an agreement in which 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 entrepreneur or by a third party on the basis of an appointment between that third party and the entrepreneur;

1.2 Reflection: the period within which the consumer can use his right of withdrawal;

1.3 Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;

1.4 Day: calendar day;

1.5 Digital content: data that is produced and supplied in digital form;

1.6 Endurance agreement: an agreement that is to the regular delivery of goods, services and/or digital content during a certain period;

1.7 Sustainable data carrier: every tool - including e -mail - that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that future consultation or use is tailored to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;

1.8 Right of withdrawal: the possibility of the consumer to refrain from the remote agreement within the cooling -off period;

1.9 Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or remote services to consumers;

1.10 Distance agreement: an agreement that is concluded between the entrepreneur and the consumer in the context of an organized system for distance sales, digital content and/or services, whereby up to and including the conclusion of the agreement exclusively or also makes use of one or more techniques for distance communication;

1.11 Technology for remote communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to meet in the same room simultaneously.

Article 3 - Applicability

3.1 These General Terms and Conditions apply to every offer of the entrepreneur and to any distance agreement between entrepreneur and consumer.

3.2 Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance agreement is concluded how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.

3.3 If the distance agreement is concluded electronically, contrary to the previous paragraph and before the distance agreement is concluded, the text of these General Terms and Conditions can be made available to the consumer electronically in such a way that the consumer can easily be stored on a sustainable data carrier. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated where the general terms and conditions can be taken into account electronically and that they will be sent free of charge electronically or in any other way at the request of the consumer.

3.4 In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraph applies mutatis mutandis and the consumer can always rely on the applicable provision that is the most favorable for him in the event of conflicting conditions.

Article 4 - The offer

4.1 If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.

4.2 The offer contains a complete and accurate description of the products offered, digital content and/or services. The description is sufficiently detailed to make a good assessment of the offer possible by the consumer. If the entrepreneur uses images, they are a truthful representation of the products, services and/or digital content offered. Obvious mistakes or apparent errors in the offer do not bind the entrepreneur.

4.3 Each offer contains such information that it is clear to the consumer what the rights and obligations are attached to the acceptance of the offer

Article 5 - The Agreement

5.1 The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the compliance with the conditions set with it.

5.2 If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.

5.3 If the Agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensures a safe online environment. If the consumer can pay electronically, the entrepreneur will take appropriate safety measures for this.

5.4 The entrepreneur can inform himself within the legal frameworks - whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible interlocutory. If the entrepreneur has good grounds on the basis of this investigation not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.

5.5 The entrepreneur will at the latest upon delivery of the product, the service or digital content to the consumer the following information, in writing or in such a way that the consumer can be stored in an accessible manner in a sustainable data carrier, to send:
a. the e-mail address of the entrepreneur where the consumer can go with complaints;
b. the conditions under which and the way in which the consumer can use the right of withdrawal, or a clear report on the exclusion of the right of withdrawal;
c. the information about guarantees and existing service after purchase;
d. the price including all taxes of the product, service or digital content; Insofar as applicable the costs of delivery; and the method of payment, delivery or execution of the distance agreement;
e. the requirements for cancellation of the agreement if the agreement has a duration of more than one year or an indefinite duration;

5.6 In the event of a duration transaction, the provision in the previous paragraph only applies to the first delivery. 

Article 6 - Right of withdrawal

With products:

6.1 The consumer can dissolve an agreement with regard to the purchase of a product for a cooling -off period of 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to give his reason (s).

6.2 The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer, who is not the carrier, received the product, or:
a. If the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, if he has clearly informed the consumer about this prior to the ordering process, refuse an order of multiple products with a different delivery time.
b. If the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;
c. For agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, received the first product.

For services and digital content that was not supplied on a material carrier:

6.1 The consumer can dissolve a service agreement and an agreement for the delivery of digital content that was not delivered to a material carrier for 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to give his reason (s).

6.2 The reflection period referred to in paragraph 3 starts on the day that follows the conclusion of the agreement.

Article 7 - Obligations of the consumer during the cooling -off period

7.1 During the cooling -off period, the consumer will handle the product and the packaging carefully. It will only unpack or use the product to the extent that is necessary to determine the nature, characteristics and operation of the product. The starting point here is that the consumer can only use and inspect the product as he could do in a store.

7.2 The consumer is only liable for value reduction of the product that is the result of a way of dealing with the product that goes beyond permitted in paragraph 1.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

8.1 If the consumer uses his right of withdrawal, he reports this to the entrepreneur within the cooling -off period by contacting the customer service in which he stated at least:
a. The reason for using his right of withdrawal
b. the order number of the order to which the cancellation applies
c. e products and/or services for which he wants to use his right of withdrawal

8.2 As soon as possible, but within 14 days from the day following the report referred to in paragraph 1, the consumer will return the product, or he hands over this 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 observed the return period if he returns the product before the cooling -off period has expired.

8.3 The consumer returns the product with all accessories supplied, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

8.4 The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

8.5 The consumer bears the direct costs of returning the product.

8.6 If, after first, the consumer revokes it explicitly that the operation of the service that was not prepared for sale starts in a limited volume or certain quantity starts during the cooling -off period, the consumer owes the entrepreneur an amount that is proportional to that part of the commitment that the entrepreneur has fulfilled at the time of the verbementing.

8.7 If the consumer uses his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 - Obligations of the entrepreneur in the event of withdrawal

9.1 LS The entrepreneur makes it possible to report the report of withdrawal by the consumer in an electronic manner, he will immediately send a confirmation of receipt upon receipt of this report.

9.2 The entrepreneur reimburses all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer reports the withdrawal. Unless the entrepreneur offers to collect the product himself, he can wait to repay until he has received the product or until the consumer shows that he has returned the product, depending on what time falls earlier.

9.3 The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees with a different method. The reimbursement is free of charge for the consumer.

9.4 If the consumer has opted for a more expensive delivery method than the cheapest standard delivery, the entrepreneur does not have to repay the additional costs for the more expensive method

Article 10 - 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 has clearly stated this with the offer, at least in time before the conclusion of the agreement, has stated:

1. Products or services whose price is bound by fluctuations on the financial market on which the entrepreneur has no influence and that can occur within the withdrawal period;

2. Agreements concluded during a public auction. A public auction is understood to mean a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, led by an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;

3. Service agreements, after full performance of the service, but only if:
a. The implementation has started with the explicit prior approval of the consumer; and
b. The consumer has stated that he loses his right of withdrawal as soon as the entrepreneur has fully implemented the agreement;

4. Package trips as referred to in Article 7: 500 of the Dutch Civil Code and agreements of passenger transport;

5. Service agreements for providing accommodation, if a certain date or period of implementation is provided in the agreement and other than for residential purposes, freight transport, car rental services and catering;

6. Agreements with regard to leisure activities, if a certain date or period of implementation is provided in the agreement;

7. Products manufactured according to the consumer specifications that are not prefabricated and that are manufactured on the basis of an individual choice or decision of the consumer, or that are clearly intended for a specific person;

8. Products that spoil quickly or have a limited shelf life;

9. Sealed products that, for reasons of health protection or hygiene, are not suitable for being returned and whose seal has been broken after delivery;

10. Products that are irrevocably mixed with other products after delivery by their nature;

11. Alcoholic beverages whose price has been agreed at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations of the market on which the entrepreneur has no influence;

12. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;

13. newspapers, magazines or magazines, with the exception of subscriptions to this;

14. The delivery of digital content other than on a material carrier, but only if:
a. The implementation has started with the explicit prior approval of the consumer; and
b. The consumer has stated that he loses his right to withdrawal.

Article 11 - The price

11.1 During the validity period stated in the offer, the prices of the products and/or services offered are not increased, subject to price changes as a result of changes in VAT rates.

11.2 Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are bound by fluctuations on the financial market and on which the entrepreneur has no influence, with variable prices. This bondage to fluctuations and the fact that any prices mentioned are target prices are stated with the offer.

11.3 Price increases within 3 months of the conclusion of the Agreement are only permitted if they are the result of legal regulations or provisions.

11.4 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 authority to cancel the agreement with effect from the day on which the price increase starts.

11.5 The prices mentioned in the offer of products or services include VAT.

ARTICLE 12 - Compliance with the agreement and extra warranty

12.1 The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, to the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement.

12.2 The entrepreneur does not guarantee that the product is suitable for other than normal use.

12.3 An additional warranty provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement.

12.4 Extra warranty is understood to mean any commitment of the entrepreneur, his supplier, importer or producer in which he grants certain rights or claims to the consumer that go beyond what they are legally required in the event that he is inadequate in the fulfillment of his part of the agreement

Article 13 - Delivery and implementation

13.1 The entrepreneur will observe the greatest possible care when receiving and in the implementation of orders of products and when assessing applications for services.

13.2 LS location of delivery applies the address that the consumer has made known to the entrepreneur.

13.3 With due observance of what is stated on this in Article 4 of these General Terms and Conditions, the entrepreneur will execute accepted orders with due speed but no later than 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot or can only be carried out in part, the consumer will notify this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and the right to any compensation

13.4 After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.

13.5 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 and announced to the entrepreneur, unless explicitly agreed otherwise.

Article 14 -Duration transactions: cancellation, extension and duration

Cancellation:

14.1 The consumer may at all times cancel an agreement that has been entered into an indefinite period of time and that intends to regularly deliver products (including electricity) or services with due observance of agreed cancellation rules and a cancellation period of a maximum of one month.

14.2 The consumer may at all times cancel an agreement that has been entered into for a fixed period and that is to regulate products (including electricity) or services at any time at the end of the fixed duration with due observance of agreed cancellation rules and a cancellation period of no more than one month.

14.3 The consumer can do the agreements mentioned in the previous paragraphs:
a. Cancel at all times and are not limited to cancellation at a certain time or in a certain period;
b. at least cancel in the same way as they have been entered into by him;
c. Always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension:

14.4 An agreement that has been entered into for a fixed -term period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a certain duration.

14.5 Contrary to the previous paragraph, an agreement that has been entered into for a fixed period and that is tacitly extended to the regular delivery of news and weekly newspapers and magazines for a certain duration of a maximum of three months, if the consumer can cancel this extended agreement by the end of the extension with a notice period of at most one month.

14.6 An agreement that has been entered into for a fixed period and that is intended to regularly deliver products or services may only be tacitly extended for an indefinite period if the consumer can at any time cancel with a cancellation period of at most one month. The notice period is a maximum of three months in the event that the agreement is arranged, but less than once a month, delivery of day, news and weekly newspapers and magazines.

14.7 An agreement with a limited duration to regularly deliver the delivery of day, news and weekly magazines and magazines (test or introduction subscription) is not tacitly continued and ends automatically after the end of the test or introduction period.

Duration:

18.8 If an agreement has a duration of more than a year, the consumer may at any time cancel the agreement with a cancellation period of at most one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration. 

Article 15 - Payment

15.1 Insofar as it is not stipulated otherwise in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start 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 event of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.

15.2 When selling products to consumers, the consumer may never be obliged to pay more than 50%in general terms and conditions. When prepayment is stipulated, the consumer cannot assert any rights regarding the implementation of the relevant order or service (s) before the stipulated prepayment has taken place.

15.3 The consumer has the duty to immediately report inaccuracies in provided or stated payment data to the entrepreneur.

15.4 If the consumer does not comply with his payment obligation (s) in time, it will, after he has been pointed out by the entrepreneur to the late payment and the entrepreneur the consumer has awarded a period of 14 days to still pay his payment obligations, after the absence of payment within this 14-day period, the entrepreneur, the entrepreneur is the right to pay the right of the interest still due to the amount of the interest still appropriate for the renest of the interest still due to the interested interest rate due to the interest still appropriate for the interest still due to the rental of the interest and the interested amount still owed owed to the rioted interest and the entitled. to charge collection costs. These collection costs are a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the following € 2,500 and 5% over the following € 5,000 with a minimum of € 40. The entrepreneur can deviate from the aforementioned amounts and percentages for the benefit of the consumer. 

Article 16 - Complaints procedure

16.1 The entrepreneur has a sufficiently announced complaints procedure and handles the complaint in accordance with this complaints procedure.

16.2 Complaints about the implementation of the agreement must be submitted to the entrepreneur in full and clearly defined within a reasonable time after the consumer has found the defects.

16.3 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 answer within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.

Article 17 - retention of title

The ownership of the products delivered only passes to the consumer after he has paid the total amount due to the entrepreneur. The risk of the products is transferred to the consumer at the time of delivery.

Article 18 - Additional provisions

18.1 Agreements between the entrepreneur and the consumer to which these general terms and conditions relate is exclusively governed by Dutch law.

18.2 Entrepreneur is entitled to change these General Terms and Conditions. Changes to these terms and conditions are only in force after they have been published, on the understanding, that with applicable changes during the duration of an offer, the most favorable provision for the consumer will prevail.