General terms and conditions
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 case of withdrawal
Article 10 - Exclusion of right of withdrawal
Article 11 - The price
Article 12 - Compliance and additional guarantee
Article 13 - Delivery and performance
Article 14 - Duration transactions: duration, termination and renewal
Article 15 - Payment
Article 16 - Complaints Mechanism
Article 17 - Disputes
Article 18 - Additional or different provisions
Article 1 - Definitions
For the purposes of these terms and conditions:
1. Ancillary agreement: an agreement under which the consumer sells products, digital content and/or acquires services in connection with a distance contract and these items, digital content and/or services provided by the entrepreneur or by a third party on the basis of a
agreement between the third party and the entrepreneur;
2. Period of reflection: the period within which the consumer can make use of his right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to his
trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Duration contract: a contract for the regular supply of goods, services or other services.and/or digital content for a certain period of time;
7. Durable data carrier: any tool - including e-mail - that the consumeror enables entrepreneur to store information addressed to him personally on ahow that future consultation or use is to be carried out over a period appropriate to the purpose the purpose for which the information is intended, and that unchanged reproduction of the information stored possible;
8. Right of withdrawal: the possibility for the consumer to withdraw within the cooling-off period. distance contract;9.
Entrepreneur: the natural or legal person who products, (access to) digital content and/or offers services at a distance to consumers;
10. Distance contract: a contract between the entrepreneur and the consumer.closed as part of an organised system for the distance marketing of products, digital content and/or services, up to and including the conclusion of the contract exclusively or the use of one or more means of remote communication;
11. Model withdrawal form: the European withdrawal form set out in Annex I to these conditions. model revocation form. Annex I need not be made available if the consumer has no right of withdrawal with regard to his order;
12. Means of distance communication: a means which may be used for closing an agreement, without the consumer and entrepreneur having to be in the same room at the same time have come together.
Article 2 - Identity of the entrepreneur
Entrepreneur's name] (name under the articles of association, possibly supplemented with trade name);
Business address] ;
Visiting address, if different from the business address] ;
Telephone number: [and time(s) at which the entrepreneur can be reached by telephone].
E-mail address: [or other electronic means of communication offered to the consumer using the same functionality as e-mail]
Chamber of Commerce number:
VAT identification number:
If the activity of the entrepreneur is subject to a relevant authorisation scheme: the
data on the supervisory authority.
If the entrepreneur practices a regulated profession:
- the professional association or organisation of which he is a member;
- the professional title, the place in the EU or the European Economic Area where it is awarded;
- a reference to the professional rules applicable in the Netherlands and indications where and
how to access these professional rules.
Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every offer made by the entrepreneur.
agreement reached at a distance between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of this general conditions made available to consumers. If this is not reasonably possible, the entrepreneur before the remote agreement is concluded, indicate the way in which the general terms and conditions can be inspected at the entrepreneur's and that at the consumer's request they can be inspected in this way be sent free of charge as soon as possible.
3. If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and, prior to the conclusion of the distance contract, the text of these general terms and conditions made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, prior to the distance contract be indicated where the general terms and conditions are concluded by electronic means can be accessed and that, at the consumer's request, they can be consulted electronically or on will be sent free of charge by other means.
4. In the event that, in addition to these general terms and conditions, specific product- or
service conditions shall apply, the second and third paragraphs of corresponding
application and, in the event of conflicting conditions, the consumer may always invoke the applicable provision which is most favourable to him.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly mentioned in the offer.
2. The offer contains a complete and accurate description of the products offered, digital content and/or services. The description is sufficiently detailed to provide a good enable the consumer to assess the offer. If the entrepreneur uses are a faithful representation of the images on offer. products, services and/or digital content. Manifest errors or obvious mistakes in the offer does not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are, obligations are attached to the acceptance of the offer.
Article 5 - The Agreement
1. Subject to paragraph 4, the Agreement shall be concluded at the time of acceptance by the consumer of the offer and compliance with the requirements laid down therein conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur shall confirm the following receipt of acceptance of the offer by electronic means without delay. As long as the Receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can cancel the contract. terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and technical measures. organisational measures to secure the electronic transmission of data and shall ensure for a secure web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate safety measures to this end.
4. The entrepreneur can - within the legal framework - inform himself or the consumer about his payment obligations, as well as all those facts and factors which are relevant to a responsible conclusion of the distance contract. If the entrepreneur on the basis of this research has good reason not to enter into the contract, he shall be entitled to to refuse an order or request, with reasons, or to attach special conditions to the execution of the order or request connect.
5.The entrepreneur will, at the latest upon delivery of the product, service or digital content to the the following information, in writing or in such a way that it is provided by the consumer on can be stored in an accessible manner on a durable data carrier:
a. the visiting address of the establishment of the entrepreneur to which the consumer with complaints is directed can;
b. the conditions under which and the way in which the consumer may exercise the right of withdrawal or a clear indication of exclusion from the right of revocation;
c. information on warranties and existing after-sales service;
d. the price including all taxes of the product, service or digital content; to the extent that apply the costs of delivery; and the method of payment, delivery or performance of the distance contract;
e. the requirements for terminating the contract if the contract has a duration of is more than one year or of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of an enduring transaction, the provision in the previous paragraph shall apply only to the first delivery.
Article 6 - Right of withdrawal
For products:
1. The consumer may conclude an agreement relating to the purchase of a product for the duration of dissolve a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason(s) for withdrawal but fail to give the reason(s) for withdrawal Obligations.
2. The cooling-off period referred to in paragraph 1 shall start on the day after the consumer, or a reflection period previously granted by the consumer designated third party, other than the carrier, has received the product, or:
a. 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 is allowed, provided that he clearly informs the consumer prior to the ordering process. has informed us of an order for several products with a different product range. refuse delivery time.
b. if the delivery of a product consists of several consignments or parts: the day on which the consumer, or a third party designated by him, the last consignment or the last part has been received;
c. in the case of contracts for the regular supply of products for a specified period: the day on which the consumer, or a third party designated by him, has the first product received.
In the case of services and digital content not supplied on a tangible medium:
3. The consumer may receive a service contract and a contract for the supply of digital content which has not been supplied on a tangible medium for at least 14 days without declaration of reasons. The entrepreneur may ask the consumer for the reason of cancellation, but do not oblige them to state their reason(s).
4. The cooling-off period referred to in paragraph 3 shall commence on the day following the conclusion of the agreement.
Extended cooling-off period for products, services and digital content which is not on a tangible medium supplied in the event of failure to inform you of the right of withdrawal:
5. If the entrepreneur provides the consumer with the legally required information about the right of withdrawal or has not provided the standard withdrawal form, the cooling-off period shall expire twelve months after the end of the initial period determined in accordance with the previous paragraphs of this Article Time for reflection.
6. If the entrepreneur has the information referred to in the previous paragraph to the consumer provided within twelve months of the starting date of the initial cooling-off period, expires the cooling-off period 14 days after the day on which the consumer has received that information.
Article 7 - Obligations of the consumer during the cooling-off period
1. During the reflection period, the consumer will handle the product and packaging with care. He shall unpack or use the product only to the extent necessary to establish the nature, characteristics and functioning of the product. The basic principle here is that consumers should only handle and inspect the product as they would in a shop.
2. The consumer shall only be liable for any diminished value of the product resulting from a handling of the product which goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any reduction in value of the product if the entrepreneur before or at the time of the conclusion of the contract, does not provide him with all the information required by law on the has granted a right of withdrawal.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer exercises his right of withdrawal, he shall report this within the cooling-off period by means of the model revocation form or by any other unequivocal means addressed to the entrepreneur.
2. As soon as possible, but within 14 days from the day following the notification referred to in section 1, the consumer shall return the product or hand it over to (an authorised representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The the consumer has in any case complied with the return period if he returns the product before the period of reflection has expired.
3. The consumer shall return the product with all delivered accessories, if reasonably possible. in original condition and packaging, and in accordance with the reasonable and reasonable information provided by the entrepreneur. clear instructions.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer shall bear the direct costs of returning the product. If the entrepreneur has not reported that the consumer has to bear these costs or if the entrepreneur the consumer does not have to bear the cost of returning the goods.
6. If the consumer withdraws after having first expressly requested that the performance of the service or the supply of gas, water or electricity, where they are not put up for sale in a limited volume or set quantity, begins during the cooling-off period, the consumer shall be the
The entrepreneur shall owe an amount which is proportional to that part of the obligation which has been fulfilled by the entrepreneur at the time of revocation, compared to the full fulfilment of the obligation.
7. The consumer shall not bear any costs for the execution of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or up to supply of district heating, if:
a. the entrepreneur provides the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal or has not provided the standard withdrawal form, or;
b. the consumer has not expressly requested the start of performance of the service or delivery of requested gas, water, electricity or district heating during the reflection period.
8. The consumer shall not bear any costs for the supply, in whole or in part, of not digital content supplied on a tangible medium, if:
a. prior to its delivery he has not expressly agreed to the commencement of compliance with the agreement before the end of the cooling-off period;
b. he has not acknowledged losing his right of withdrawal when giving his consent; or
c. the entrepreneur has failed to confirm this statement from the consumer.
9. If the consumer makes use of his right of withdrawal, all supplementary agreements dissolved by operation of law.
Article 9 - Obligations of the entrepreneur in case of withdrawal
1. If the Entrepreneur's notification of withdrawal by the Consumer is possible electronically Upon receipt of this notification, he shall immediately send an acknowledgement of receipt.
2. The entrepreneur shall reimburse all payments made by 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 notifies him of his withdrawal. Unless the If the entrepreneur offers to collect the product himself, he may wait until he has paid back the product. product, or until the consumer can prove that he has returned the product, to whichever is earlier.
3. The entrepreneur shall use the same means of payment that the consumer has used for a refund, unless the consumer agrees to another method. Reimbursement shall be free of charge for the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to pay the additional costs for the more expensive method. repayable.
Article 10 - Exclusion of right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly indicates this in the offer, at least in good time before the closure of the contract. agreement:
1. Products or services whose price is subject to fluctuations on the financial market on which the entrepreneur has no influence and which can take place within the revocation period occur;
2. Contracts concluded during a public auction. Contracts entered into during a public auction means a sales method whereby products, digital content and/or services are sold by the entrepreneur are offered to the consumer who is personally present or the possibility will be personally present at the auction, under the supervision of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service contracts, after full performance of the service, but only if:
a. performance has commenced with the express prior consent of the consumer; and
b. the consumer has declared that he loses his right of withdrawal as soon as the agreement has been fully implemented;
4. Package tours as referred to in Section 7:500 of the Dutch Civil Code and passenger transport agreements;
5. Service agreements for the provision of accommodation, as in the agreement a certain date or period of execution and other than for residential purposes, Freight transport, car rental services and catering;
6. Leisure agreements, if the agreement contains a specific
date or period of implementation;
7. Products manufactured to consumer specifications which are not prefabricated, and which are manufactured on the basis of an individual choice or decision made by the consumer, or which are clearly addressed to a specific person;
8. Products which spoil quickly or have a limited shelf life;
9. Sealed products which are not suitable for reasons of health protection or hygiene to be returned and whose seal has been broken after delivery;
10. Products which, by their nature, have been irrevocably mixed with other products after delivery;
11. Alcoholic beverages the price of which has been agreed upon at the time of the conclusion of the contract,
but the delivery of which can only take place after 30 days, and of which the actual value depends on fluctuations in the market over which the entrepreneur has no influence;
12. Sealed audio, video recordings and computer software, of which the sealing after delivery has been cancelled;
13. Newspapers, journals or magazines, with the exception of subscriptions;
14. The supply of digital content other than on a tangible medium, but only if:
a. the performance has started with the express prior consent of the consumer; and
b. the consumer has declared that he thereby loses his right of withdrawal.
Article 11 - The price
1. During the period of validity indicated in the offer, the prices of the products and/or services not increased, subject to price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur may use products or services of which the prices are are bound to fluctuations on the financial market and on which the entrepreneur has no influence has, with variable prices. This constraint on fluctuations and the fact that Any prices quoted are target prices and will be included in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
4. Price increases as from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
a. they are the result of legal regulations or provisions; or
b. the consumer has the right to terminate the contract from the day to which the price increase applies.
5. The prices mentioned in the offer of products or services are inclusive of VAT.
Article 12 - Compliance with the agreement and extra guarantee
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 soundness and/or usability and the legal provisions existing on the date of the conclusion of the agreement
and/or government regulations. If agreed upon, the entrepreneur also guarantees that the product is suitable for use other than normal.
2. An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer shall never limit 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 fulfil his part of the agreement.
3. By extra guarantee is meant every commitment of the entrepreneur, his supplier, importer or producer in which he grants certain rights or claims to the consumer that go beyond what it is legally obliged to do in the event of failure to fulfil its obligations
of its part of the agreement.
Article 13 - Delivery and performance
1. The entrepreneur shall take the greatest possible care in receiving and executing orders for products and in assessing requests for the provision of services.
2. The place of delivery shall be the address which the consumer has given to the entrepreneur.
3. With due observance of what is stated in article 4 of these general terms and conditions, the following shall apply the entrepreneur accepted orders with due speed but within 30 days at the latest. unless another delivery period has been agreed. If the delivery is delayed
or if an order cannot, or can only partially, be carried out, The consumer shall receive notification of this no later than 30 days after placing the order. The In that case, the consumer shall have the right to dissolve the contract free of charge and shall be entitled to possible compensation for damages.
4. After dissolution in accordance with the previous paragraph, the entrepreneur shall pay the amount paid by the consumer. repay without delay.
5. The risk of damage and/or loss of products rests with the entrepreneur until the products are returned. moment of delivery to the consumer or a previously designated and to the entrepreneur representative announced, unless expressly agreed otherwise.
Article 14 - Duration transactions: duration, termination and extension
Denunciation:
1. The consumer may terminate a contract entered into for an indefinite period of time and intended to regular delivery of products (including electricity) or services, at any time give notice of termination in accordance with agreed rules of termination and a notice period of not more than one month.
2. The consumer may enter into a fixed-term contract, the purpose of which is to regular delivery of products (including electricity) or services at any time against denounce the end of the definite period in accordance with the terms agreed for this purpose termination rules and a period of notice not exceeding one month.
3. The consumer may terminate the contracts referred to in the previous paragraphs:
- terminate them at any time and not be limited to giving notice at a specific time or in an certain period of time;
- at least denounce them in the same way as they were entered into by him;
- always terminate with the same notice period as the entrepreneur has stipulated for himself.
Extension:
4. A contract that has been entered into for a definite period and that is intended for the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.
5. Contrary to the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer can terminate this renewed contract at the end of the renewal with a period of notice. of not more than one month.
6. An agreement entered into for a definite period of time and intended for the regular delivery of products or services, may be tacitly renewed for an indefinite period only if the Consumers may at any time give notice of up to one month. The the period of notice shall not exceed three months in the event that the contract is for the purpose of settling the dispute, but
less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. An agreement with a limited duration for the regular delivery of daily newspapers, news and weekly newspapers and magazines (trial or introductory subscription) will not be accepted. tacitly continued and ends automatically at the end of the trial or introductory period.
Duration:
8. If a contract has a duration of more than one year, the consumer may, after one year, terminate the agreement at any time with a notice period not exceeding one month, unless the reasonableness and fairness against termination before the end of the agreed duration resist.
Article 15 - Payment
1. Unless otherwise stipulated in the agreement or additional conditions, the conditions referred to by to be paid to the consumer within 14 days of the commencement of the cooling-off period, or in the absence of a cooling-off period within 14 days of closing the agreement. In the case of an agreement to provide a service, this period shall run from on the day after the consumer receives confirmation of the contract.
2. When selling products to consumers, the consumer may, in general terms and conditions never be obliged to pay more than 50% in advance. When prepayment is stipulated, the consumer may not assert any right concerning the execution of the the order or service(s) in question, before the stipulated advance payment has been made took place.
3. The consumer has the obligation to correct any inaccuracies in the payment details provided or stated without delay. to report to the entrepreneur.
4. If the consumer does not meet his payment obligation(s) on time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after failing to pay within this 14-day period, the statutory interest shall be charged on the amount still due.
and the entrepreneur is entitled to pay the extrajudicial costs incurred by him. collection costs to be charged. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500; 10% over the subsequent € 2,500 and 5% over the next € 5.000,= with a minimum of € 40,=. The entrepreneur can, for the benefit of the consumer deviate from these amounts and percentages.
Article 16 - Complaints procedure
1. The entrepreneur shall have a sufficiently publicized complaints procedure and shall deal with the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the contract must be made within a reasonable time after the the consumer has discovered the defects, are submitted in full and in a clearly defined manner to the entrepreneur.
3. Complaints submitted to the entrepreneur within a period of 14 days from the date of receipt of the complaint. replied to the date of receipt. If a complaint has a foreseeable longer processing time The entrepreneur will respond within the period of 14 days with a message from receipt and an indication of when the consumer can expect a more detailed answer.
4. The consumer shall give the entrepreneur at least 4 weeks to solve the complaint in mutual consultation. After this period, a dispute arises which is subject to dispute resolution.
Article 17 - Disputes
1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply, are exclusively governed by Dutch law.
Article 18 - Additional or different stipulations
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of belong to the consumer and must be recorded in writing or in such a way that they are can be stored by the consumer in an accessible manner on a durable
data carrier.
Annex I: Model withdrawal form
Model revocation form
(complete and return this form only if you wish to withdraw from the contract)
- To: [ entrepreneur's name]
[Entrepreneur's geographical address]
[Entrepreneur's fax number, if available]
[e-mail address or electronic address of entrepreneur]
- I/We* hereby give notice that I/We* hereby give notice of our agreement concerning the sale of the following products: [product designation]*
the provision of the following digital content: [indication of digital content]*
the provision of the following service: [indication of service]*,
revoked/cancellation*
- Ordered on*/received on* [date of order in case of services or receipt in case of products]
- (Name of consumer(s))
- (Address of consumer(s))
- Consumer(s)' signature (only if this form is submitted on paper)
* Delete what does not apply or fill in what is applicable.
