Terms and Conditions
These terms have been translated; no rights can be derived from these conditions. The Dutch terms and conditions apply
Article 1 - Definitions
Those conditions shall apply:
1. Time for reflection: the period within which the consumer can exercise his right of withdrawal.
2. Consumer: the natural person who is not acting in the exercise of a profession or business and accepts contract in distance with the entrepreneur.
3. Day: the day according to the calendar.
4. Length transaction: a contract in distance, which affects a series of products and/or services, whose delivery and purchase obligations are spread over in time.
5. Sustainable data carrier: every source that the consumer or entrepreneur allows saving information, which has a personal focus, in a way that it can be revisited in the future without any changes of the saved information.
6. Right of withdrawal: the possibility for the consumer to end the contract in distance within the time of reflection.
7. Entrepreneur: a natural or legal person who offers products and/or services in distance to consumers.
8. Agreement in distance: an agreement in the framework of a system organized by the entrepreneur for distance sale of products and/or services, until the agreement is closed there is exclusive use of one or more means of distance communication.
9. Techniques for distant communication: a source that can be used to close an agreement, without the consumer and entrepreneur being together at the same time in the same place.
Article 2 – identity of the entrepreneur
Chamber of Commerce number: 56812264 VAT-Number: 210830554B01
In case the activity of the entrepreneur is subject to a relevant licensing; the data of the supervisory authority.
In case the entrepreneur has a regulated profession:
- The professional association or organization where he is affiliated.
- The profession, place within the EU or the European Economic Space where these are awarded.
- A reference to the professional rules, which apply in the Netherlands and instructions where and how there is access to these.
Article 3 – relevance
- These terms and conditions apply to every offer coming from the entrepreneur and to every concluded agreement in distance between entrepreneur and consumer.
- Before there is made a deal in distance, these terms and conditions will be made available to the consumer. In case this is reasonably not possible, will be mentioned, before the agreement in distance will be concluded, there are terms and conditions and they are available at the entrepreneur and they can be if the consumer wishes to send to him without cost.
- In case the agreement is closed electronically in distance, there is a possibility to diverge from the previous section, and before the agreement in distance is closed the terms and conditions can be sent electronically to the consumer. I a way the terms and conditions can be easily saved on a sustainable date carrier. In case this is reasonably not possible, will, before the agreement in distance is closed, mentioned where the terms and conditions by electronic way can be found. And they can be if the consumer wants to be sent without any cost.
- In case that besides from these terms and conditions there are specified product and/or service conditions applied, the second and third sections of the agreement will apply. The consumer can decide which of the conflicting terms and conditions is the most beneficial for him, and he can choose to call these.
Article 4 – the demand
- In case an offer is of limited duration or is done under specific conditions, this will be importunately mentioned in the offer.
- The offer contains a full and accurately description of the offered products and/or services. The description contains sufficient details for the customer to judge the demand. If the entrepreneur uses pictures they should be a veracious rendition of the offers products and/or services. Obvious mistakes or errors are not binding for the entrepreneur.
- Every offer contains such information so it is clear for the customer what his rights and obligations are, which are allied with the acceptance of the offer. This includes:
- The price including tax
- (in case) the cost of delivery
- The way the agreement comes around, and what proceedings are necessary.
- (in case) the procedure of the right of withdraw
- The way of payment, delivery and implementation of the agreement.
- The term for accepting the offer, or the term in which the entrepreneur guarantees the price.
- The amount that is counted for in case the cost of the use of the technique for communication in distance will be calculated in a different way than the regular basic rate for the use of the communication source.
- Will the agreement be archived, and if so in which way will that be available to the consumer for consult
- The way in which the consumer, before closing the agreement, the data provided by him in the context of the agreement can check and, in case he wants to, alter these.
- de eventuele andere talen waarin, naast het Nederlands, de overeenkomst kan worden gesloten;
- The codes of Conduct which the entrepreneur has subjected him self, and the way in which the consumer can consult these codes of Conduct via the electronic way.
- The minimal length of the agreement in distance in case of a length transaction.
Article 5 – The agreement
- The agreement will, with a proviso of the determined in section 4, come about at the moment of accepting the offer by the consumer, and to meet the corresponding conditions.
- In case the consumer accepted the offer via the electronic way, the entrepreneur confirms immediately via the electronic way the reception of the acceptance of the offer. As long as the entrepreneur has not confirmed the reception of the offer the consumer can dissolve the agreement.
- In case the agreement comes about electronic, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will provide a secure web environment. In case the consumer has the possibility to pay online, the entrepreneur will take appropriate security measures.
- The entrepreneur is able –within the law – to notify himself whether or not the consumer is able to uphold the payment obligation and of all the facts and factors which are of importance to responsibly enter in to an agreement in distance. In cast the entrepreneur, based on this investigation, has found valid grounds to not enter in the agreement, he is entitled to give a motivation and to refuse the request or to ass special conditions.
- The entrepreneur will include the following information while sending the product or service, in writing or in another way, which provides the consumer with the information which he can save on a sustainable data carrier.
- The visiting address of the establishment of the entrepreneur where the consumer can go to in case of complaints
- The conditions and way in which the consumer can use the right of withdraw or to have a very definite opinion on the ruling out of the right of withdraw.
- The information on warranties and existing services after the purchase.
- In article 4 section 3 of these conditions included data, unless the entrepreneur already provided the data to the consumer before the implementation of the agreement.
- The requirements to end the agreement in case the agreement has a duration of more than one year or of indefinite duration.
- In case of a length transaction the determination in the previous section only applies on the first delivery.
Article 6 – Right of withdraw
- With purchase of the products the consumer has the possibility to withdraw the agreement without giving a reason during 14 days. This time to reflects starts the day after the consumer has received the product, or a previously by the consumer designated, and with notification to the entrepreneur, representative.
- During the time to reflect the consumer will be careful with the product and the packing. He will unpack and use the product only as much as necessary to be able to judge whether or not he wishes to keep the product. In case he wishes to use his right of withdrawal, he will return the product and everything that was delivered along with the product – and in case reasonably – in original state and package, to the entrepreneur in accordance with the by the entrepreneur provided reasonable and clear instructions.
Article 7 – Cost in case of withdrawing
- In case the consumer uses his right of withdrawal, it will cost him at most the cost of the remand.
- In case the consumer has already paid an amount, the entrepreneur will pay this amount back as soon as possible, though within 30 days after the remand or withdrawal.
Article 8 – exclusion right of withdrawal
The entrepreneur can exclude the consumer for the right of withdrawal, as far as provided in sections 2 and 3. The exclusion of the right of withdrawal applies only in case the entrepreneur made this clear in the offer, or has mentioned it at least timely before closing the agreement.
- Exclusion of the right of withdrawal is only possible for products:
- Which are established by the entrepreneur in accordance with the specifications of the consumer.
- Which are clearly of personal nature
- Which can’t be send back because of their nature.
- Which decay or age fast
- Whose price is bound to fluctuations in the financial marked on which the entrepreneur has no influence.
- Intended for newspapers and magazines.
- For audio- and video footage and computersoftware on which the consumer broke the seal.
- Exclusion of the right of withdrawal is only possible for services:
- Concerning lodging, restaurant business or leisure to be performed on a certain date or during a certain period of time.
- Whose delivery started with explicit agreement of the consumer, before the time to reflect has passed
- Concerning betting and lotteries
Article 9 - De price
- In deviation of the previous section the entrepreneur can offer products of services whose prices are bound to fluctuations on the financial market and on which the entrepreneur has no influence on, with variable prices. This bondage to fluctuations and the fact that any listed prices are target prices, are mentioned along with the offer
- Price increases within 3 months after creating the agreement are only allowed in case they are a result of legal provisions.
- Price increases upward of 3 months after the agreement was created are only allowed in case the entrepreneur has stipulated this, and;
A. These are a result of legal provisions
B. The consumer is allowed to terminate the agreement with effect from the day the price increases.
- The prices in the offer of products or services include VAT.
Article 10 – Conformity and warranty
- The entrepreneur guarantees that the product and/or services meet the agreement, the in the offer mentioned specifications, they will meet the reasonable requirement of reliability and/or usefulness, and the legal provisions and/or government regulations at the date of the creation of the agreement. In case agreed, the entrepreneur will be answerable for the product, and that it is suitable for other than normal use.
- A warranty provided by the entrepreneur, manufacturer or importer does not change the legal rights and receivables the consumer has on grounds of the agreement against the entrepreneur.
Article 11 – Delivery and performance
- The entrepreneur will be the most carful with the orders of products and the judgement of the request of granting services.
- The place of delivery is the address the consumer told the company.
- With consideration of what has been noted in article 4 of these term and conditions, the company will perform the accepted orders, with a skilled rush, though within 30 days unless a longer diliveryterm has been agreed on. In case the delivery experiences a delay, or an order can’t or can partly be performed, the consumer will, up until 30 days after the order is placed, receive a message about this delay. The consumer has the right to dissolve the agreement without any coast and he has the right of a compensation.
- In case of dissolution in accordance to the previous section, the entrepreneur will pay back the amount the consumer has paid as soon as possible, though within 30 days after the dissolution.
- In case the delivery of an ordered product turns out to be impossible, the entrepreneur will exert to bring up a substitute article. Finally at the delivery there will be made clear and understandable that there is a substitute article delivered. On substitute articles the right of withdrawal cannot ben excluded. The cost of potential return is for the account of the entrepreneur.
- The risk of damage an/or loss is based on the entrepreneur until the moment of delivery to the consumer or a previously designated, and mentioned to the entrepreneur, representative, unless explicitly something else is agreed.
Article 12 – Length transactions: length, resignation and extension.
- The consumer can cancel an agreement, which is entered into for an indefinite time, and which extends to regular delivery of products (electricity included) or services at all times, with observance of the agreed termination rules and term of notice of at maximum one month.
- The consumer can cancel an agreement, which is entered into for a definite time, and which extends to regular delivery of products (electricity included) or services at all times, with observance of the agreed termination rules and term of notice of at maximum one month.
- The consumer can, the in the previous sections mentioned agreements:
- Terminate at all times, and will not be restricted to resignation on a certain time of period.
- Resign to them in the same way he entered into them
- Always resign the agreement in the same time of notice as the entrepreneur has stipulated for himself.
- An agreement, which is closed for a definite time and extends to regular delivery of the products (electricity included) or services, cannot be extended implicitly or renewed for a certain period.
- In deviation of the previous section, an agreement with a limited duration which extends to the delivery of daily-, news- and weeklypapers and magazines can be prolonged in silence for a fixed term with a maximum of 3 months, if the consumer wants to cancel the prolonged agreement by the end of the prolongation, he has to cancel with a notice of a maximum of one month.
- An agreement with a limited duration which extends to regular delivery of products or services, can only be prolonged in silence for an indefinite time when the consumer is able to cancel at all times with a notice period of maximum one month, and a notice period of maximum three months in case the agreement extends to a regular, but less then once a month, delivery of papers and magazines.
- An agreement, with a limited duration, to regular delivery of papers and magazines for familiarization purposes (trial or introductory subscription) cannot be continued in silence, and will end automatic at the end of the trial or introductory subscription.
1. In case an agreement has a duration of more then one year the consumer is allowed to cancel the agreement at all times with a notice period of maximum one month, unless the reasonableness and fairness resist against the cancellation before the agreed duration has passed.
Article 13 – payment
- Insofar nothing else is agreed, the payment due by the consumer will be fulfilled within 14 days after the time to reflect, referred to as mentioned in article 6 section 1, started. In case the agreement contains a service, the term will start after the consumer has received a confirmation of the agreement.
- At the sale of products to consumers, in the terms and conditions can never ask for a prepayment of more then 50%. When prepayment is stipulated, the consumer has no rights concerning the implementation of the relevant order or service(s), before the stipulated prepayment has taken place.
- The consumer is obligated to report inaccuracies in the provided or listed payment details immediately to the entrepreneur.
- In case of default of the consumer the entrepreneur has, barring legal restrictions, the right to charge the consumer with the reasonable costs, which are mentioned earlier to the consumer.
Article 14 – Complaints regulation
- The entrepreneur has a sufficient published complaint regulation and will deal with the complaint in accordance to these complaint regulations.
- Complaints about the implementation of the agreements should be, within a reasonable time, full and clearly described, submitted to the entrepreneur after the consumer found the defects.
- The presented complaints to the entrepreneur will be answered within a term of 14 days, counted from the date of reception. In case a complaint has a foreseeable longer processing time the entrepreneur will answer the consumer within 14 days with the message of receipt and a time indication when the consumer can expect an answer.
- In case the complaint can’t be resolved in a mutual consultation. A dispute arises that’s amenable to a dispute settlement.
Article 15 – disputes
1. On agreements between the entrepreneur and the consumer which these terms and conditions relate, is exclusively Dutch law applicable.
Article 16 – Additional or different terms
Additional or different conditions on these Terms and Conditions can’t be to the prejudice of the consumer and should be written down or provided in a way the consumer can approach it and save it to a sustainable data carrier.