Article 1- Definitions
Article 2- Corporate Identity/Entrepreneur
Article 3- Relevance
Article 4- Offer
Article 5- Agreement
Article 6- Right of Withdrawal
Article 7- Withdrawal Costs
Article 8- Exclusion Right of Withdrawal
Article 9- Pricing
Article 10- Conformity and Guarantees
Article 11- Delivery and Execution
Article 12- Length transactions: duration, termination and extension
Article 13- Payments
Article 14- Complaints
Article 15- Disputes
Article 16- Additional and Different Provisions
Article 17- General Conditions/Terms Post Payments
Article 1 – Definitions
In these Conditions/Terms the following definitions are applicable:
Consideration time: the term during which the consumer can execute the right of withdrawal.
Consumer: the natural person not dealing on behalf of a company or profession and who comes to a distance agreement with the entrepreneur.
Day: calendar day
A length transaction: a distance agreement related to a series of products and services of which the delivery obligation and the purchasing are spread over a period of time.
Durable Medium: any instrument which enables the recipient or the entrepreneur to store information addressed personally to them in a way accessible to future reference for a period of time adequate to the purpose of the information and which allows the unchanged reproduction of the information stored.
Right of Withdrawal: the possibility for the consumer to terminate the distance agreement within the consideration term.
Entrepreneur: the natural person or corporation who offers distance products to consumers.
Distance Agreement: an agreement based on a corporate organized system of distance sales of products and services including the closing of an agreement using one or more techniques of distant communication.
Technique of distant Communication: a means that can be used to close an agreement without the consumer and the entrepreneur have gathered together in the same place and at the same time.
Article 2- Corporate Identity/Entrepreneur
House of U
Hoppenkuil 27, 5626 DD Eindhoven
Chamber of commerce number: 71100806
VAT identification number: VAT NL858579145B01
If the activity of the entrepreneur is submitted to a relevant licensing system: the data of the supervisory authority.
If the entrepreneur pursues a regulated profession:
The professional association of which the entrepreneur is a member:
The profession, the location in the EU or in the European Economic space where this profession has been assigned:
A reference to the professional rules which apply in the Netherlands and instructions where and how accessible these professional rules are.
Article 3- Relevance
These general conditions/terms apply to any offer of the entrepreneur and to every finalized distance agreement between entrepreneur and consumer.
Before the distance agreement is concluded, the text of the general conditions/terms is being made available to the consumer. If this is reasonably not possible that before the distance agreement is concluded, it will be indicated that the general conditions/terms can be seen at the entrepreneur and on request of the consumer these general conditions/terms shall be sent to the consumer as soon as possible without extra costs.
Article 4 - The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images these are a true reflection of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
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 costs of delivery;
- the manner in which the agreement will be concluded and what actions are required for that purpose;
- whether or not the right of withdrawal is applicable;
- the method of payment, delivery and performance of the agreement;
- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the amount of the rate of distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
- whether the agreement is archived after its conclusion, and if so in what way it can be consulted by the consumer;
- the way in which the consumer, before the conclusion of the agreement, can check the data provided by him in the context of the agreement and, if desired, restore them;
- any languages other than Dutch in which the contract can be concluded;
- the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in case of an extended transaction.
Article 5 - The agreement
- The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfilment of the conditions set out therein.
- If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
- The entrepreneur may - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
- With the product or service the entrepreneur will send the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
a. the visiting address of the trader's office where the consumer can go with complaints;
b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
c. the information on guarantees and existing after-sales service;
d. the data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided the consumer with these data before the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
- In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
Upon delivery of products:
- When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
- During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
- Upon dissolution of the agreement, the consumer is obliged to return the products in question within 14 days. This period starts on the day that the consumer makes it known that he wants to use his right of withdrawal in the method indicated by the entrepreneur.
In case of delivery of services:
- In case of delivery of services, the consumer has the possibility to dissolve the agreement without giving reasons for at least fourteen days, starting on the day of entering into the agreement.
- To make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the entrepreneur in the offer and / or at the latest at the time of delivery.
Article 7 - Costs in case of withdrawal
- If the consumer makes use of his right of withdrawal, at most the costs of return shipment will be at his expense.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product is already received back by the merchant or conclusive evidence of complete return can be presented.
Article 8 - Exclusion of right of withdrawal
- The trader can exclude the consumer's right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.
- Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with the consumer's specifications;
b. that are clearly personal in nature
c. that cannot be returned due to their nature;
d. that spoil or age quickly;
e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for single newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
h. for hygienic products of which the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transportation, restaurant business or leisure activities to be performed on a certain date or during a certain period;
b. whose delivery has started with the express consent of the consumer before the cooling-off period has expired;
c. relating to betting and lotteries.
Article 9 - The price
- During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
- Notwithstanding the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
- Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:
a. these are the result of statutory regulations or provisions; or
b. the consumer is authorized to terminate the agreement as of the day on which the price increase takes effect.
- The prices mentioned in the offer 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 mentioned in the offer, the reasonable requirements of reliability and/or usability and the existing legal provisions and/or government regulations 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 provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer under the agreement can assert against the entrepreneur.
Article 11 - Delivery and execution
- The company will take the greatest possible care when receiving and executing 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 company.
- Subject to what is stated in article 4 of these general conditions, the company will execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this within 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost and right to possible compensation.
- If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
- The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a previously designated and made known to the entrepreneur representative, unless otherwise expressly agreed.
Article 12 - Duration transactions: duration, termination and renewal
- The consumer may contract for an indefinite period and which extends to the regular delivery of products (electricity included) or services, at any time terminate in accordance with agreed termination rules and a notice of up to one month.
- The consumer may terminate a fixed-term contract that was concluded for the regular delivery of products (including electricity) or services at any time at the end of the fixed term in compliance with the applicable termination rules and a period of notice that does not exceed one month.
- The consumer may terminate the agreements mentioned in the previous paragraphs:
- terminate at any time and not be limited to termination at a specific time or period;
- at least terminate 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.
- A fixed-term contract that has been concluded for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
- Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer can terminate this extended contract by the end of the extension with a notice period not exceeding one month.
- A fixed-term contract that has been concluded for the regular delivery of products or services may be tacitly extended for an indefinite period of time only if the consumer may terminate it at any time with a period of notice that does not exceed one month and a period of notice that does not exceed three months in the event that the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
- A contract with a limited duration for the regular supply of trial days, newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
- If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 - Payment
- Unless otherwise agreed, the amounts owed by the consumer should be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
- When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. Where advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
- The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.
- In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs made known in advance.
Article 14 - Complaints procedure
- The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
- Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has found 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 foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of 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.
Article 15 - Disputes
- On agreements between the entrepreneur and the consumer to which these general conditions relate, only Dutch law applies.
- In case of disputes, the consumer can turn to the WebwinkelKeur Foundation, which will mediate free of charge. If there is still no solution, the consumer has the option of having his complaint handled by Stichting GeschilOnline, the ruling is binding and both entrepreneur and consumer agree to this binding decision.
Article 16 - Additional or different provisions
Additional provisions or provisions deviating from these general conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.