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 - Consumer's obligations during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and its costs
Article 9 - Entrepreneur's obligations in case of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Performance and additional warranty
Article 13 - Delivery and execution
Article 14 - Long-term transactions: duration, termination, and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or deviating provisions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
- Additional agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract, and these goods, digital content, and/or services are supplied by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;
- Cooling-off period: the period during which the consumer may exercise their right of withdrawal;
- Consumer: the natural person who is not acting for purposes relating to their trade, business, craft, or profession;
- Day: calendar day;
- Digital content: data produced and delivered in digital form;
- Continuous performance contract: a contract that relates to the regular delivery of goods, services, and/or digital content over a specified period;
- Durable medium: any means, including email, that allows the consumer or entrepreneur to store information personally addressed to them in a way that facilitates future reference or use for a period tailored to the purpose for which the information is intended and that allows unaltered reproduction of the stored information;
- Right of withdrawal: the consumer's ability to withdraw from a distance contract within the cooling-off period;
- Entrepreneur: the natural or legal person who offers products, (access to) digital content, and/or services to consumers at a distance;
- Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content, and/or services, whereby only one or more remote communication techniques are used up to and including the conclusion of the contract;
- Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions. Annex I does not need to be made available if the consumer does not have a right of withdrawal for their order;
- Remote communication technique: means that can be used for concluding an agreement, without the consumer and entrepreneur being physically present in the same place at the same time.
Article 2 - Identity of the entrepreneur
If the entrepreneur's activity is subject to a relevant licensing system, the information about the supervisory authority.
If the entrepreneur practices a regulated profession:
- The professional association or organization to which they belong.
- The professional title and the place in the EU or European Economic Area where it was granted.
- A reference to the professional rules applicable in the Netherlands and instructions on where and how these professional rules can be accessed.
Article 3 - Applicability
- These general terms and conditions apply to every offer made by 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 shall be made available to the consumer. If this is not reasonably possible, the entrepreneur shall indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the entrepreneur's place of business and that they will be sent to the consumer free of charge upon request.
- If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge upon request by electronic means or in another manner.
- In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply by analogy, and the consumer may always invoke the applicable provision that is most favorable to them in the event of conflicting conditions.
Article 4 - The Offer
- If an offer has a limited duration or is subject to conditions, this shall be explicitly stated in the offer.
- The offer includes a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the offered products, services, and/or digital content. Obvious errors or mistakes in the offer do not bind the entrepreneur.
- Each offer shall contain such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer.
Article 5 - The Agreement
- The agreement is concluded, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions laid down therein.
- If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. Until the receipt of this acceptance has been confirmed by the entrepreneur, the consumer may dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures for this purpose.
- Within the framework of the law, the entrepreneur may – within the statutory framework – inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for the responsible conclusion of the distance agreement. 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 with reasons or to attach special conditions to the execution.
- At the latest upon delivery of the product, service, or digital content to the consumer, the entrepreneur shall send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
- The visiting address of the entrepreneur's establishment where the consumer can address 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;
- Information about warranties and existing after-sales service;
- The price, including all taxes, of the product, service, or digital content; where applicable, the cost of delivery; and the method of payment, delivery, or execution of the distance agreement;
- The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
- If the consumer has a right of withdrawal, the model withdrawal form.
- In the case of a long-term transaction, the provision in the previous paragraph shall only apply to the first delivery.
Article 6 - Right of Withdrawal
- The consumer has the right to dissolve a contract for the purchase of a product within a period of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot compel them to provide reasons.
- The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
- If the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, received the last product. The entrepreneur may refuse an order for multiple products with different delivery times, provided that the consumer has been informed of this in a clear and understandable manner before 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 them, received the last shipment or part.
- For contracts for the regular delivery of products over a specified period: the day on which the consumer, or a third party designated by them, received the first product.
For services and digital content not delivered on a tangible medium:
- The consumer has the right to dissolve a service agreement and an agreement for the supply of digital content that is not delivered on a tangible medium within a period of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot compel them to provide reasons.
- The cooling-off period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.
Extended cooling-off period for products, services, and digital content not delivered on a tangible medium 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 expires twelve months after the end of the original cooling-off period established in accordance with the previous paragraphs of this article.
- If the entrepreneur has provided the consumer with the information referred to in the preceding paragraph within twelve months of the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.
Article 9 - Obligations of the Entrepreneur in Case of Withdrawal
- If the entrepreneur makes it possible for the consumer to notify the withdrawal electronically, he shall promptly send a confirmation of receipt upon receipt of this notification.
- The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but no later than 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to reimburse until he has received the product or until the consumer has demonstrated that he has returned the product, whichever is earlier.
- The entrepreneur shall use the same means of payment that the consumer used for the reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
- If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not required to reimburse 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 indicated this in the offer, at least in a timely manner before the conclusion of the agreement:
- Products or services whose price is subject to fluctuations in the financial market that the entrepreneur does not control and that may occur within the withdrawal period;
- Agreements concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, conducted by an auctioneer, and where the successful bidder is obliged to take the products, digital content, and/or services;
- Service contracts, after full performance of the service, but only if:
- the performance has begun with the express prior consent of the consumer; and
- the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully performed the agreement;
- Package holidays as referred to in Article 7:500 of the Dutch Civil Code and contracts for passenger transport;
- Service contracts 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 relating to leisure activities, if a specific date or period of performance is provided for in the agreement;
- Products made according to the consumer's specifications, which are not prefabricated and are manufactured based on 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 or hygiene reasons and whose seal has been broken after delivery;
- Products that, by their nature, are irrevocably mixed with other products after delivery;
- Alcoholic beverages whose price 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 whose actual value depends on market fluctuations that the entrepreneur cannot control;
- Sealed audio, video recordings, and computer software, the seal of which has been broken after delivery;
- Newspapers, magazines, or periodicals, with the exception of subscriptions to them;
- The supply of digital content not on a tangible medium, but only if:
- the performance has begun with the express prior consent of the consumer; and
- the consumer has declared that he thereby loses his right of withdrawal.
Article 11 - The Price
- During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased.
- Contrary to the previous paragraph, the entrepreneur may offer products or services with prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence. These fluctuations and the fact that any prices mentioned 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:
a. they are the result of legal regulations or provisions; or
b. the consumer has the right to terminate the agreement as of the day on which the price increase takes effect.
Article 12 - Performance of the Agreement and Additional 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 that exist on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
- An additional warranty provided by the entrepreneur, its supplier, manufacturer, or importer never limits the consumer's legal rights and claims that the consumer can assert against the entrepreneur based on the agreement if the entrepreneur has failed to fulfill its part of the agreement.
- An additional warranty is defined as any commitment by the entrepreneur, its supplier, importer, or manufacturer that grants certain rights or claims to the consumer that go beyond what the law requires if the entrepreneur has failed to fulfill its part of the agreement.
Article 13 - Delivery and Execution
- The entrepreneur will exercise the greatest possible care when receiving orders for products and when assessing requests for the provision of services.
- The address that the consumer has provided to the entrepreneur will be deemed the place of delivery.
- Taking into account what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than within 30 days, unless a different delivery period has been agreed upon. If delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement at no cost and is entitled to any compensation for damages.
- Upon dissolution in accordance with the preceding paragraph, the entrepreneur will refund the amount that the consumer has paid without delay.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a designated representative that was made known to the entrepreneur in advance, unless expressly agreed otherwise.
Article 14 - Duration Transactions: Duration, Termination, and Renewal
- The consumer may terminate an agreement that has been entered into for an indefinite period and that aims to regularly deliver products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
- The consumer may terminate an agreement that has been entered into for a definite period and that aims to regularly deliver products (including electricity) or services at any time, provided the consumer complies with the agreed termination rules and a notice period of no more than one month, which notice period must end at the end of the definite period.
- The consumer may terminate the agreements mentioned in the previous paragraphs:
- At any time and without being limited to termination at a specific time or during a specific period;
- By giving notice in the same manner as they were entered into;
- With a notice period that is no longer than the one the entrepreneur has stipulated for themselves.
- An agreement that has been entered into for a definite period and that aims to regularly deliver products (including electricity) or services may not be tacitly renewed or extended for a definite period.
- Contrary to the preceding paragraph, an agreement that has been entered into for a definite period and that aims to regularly deliver daily newspapers, news and weekly magazines, and periodicals may be tacitly renewed for a definite period of up to three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
- An agreement that has been entered into for a definite period and that aims to regularly deliver products or services may only be tacitly renewed for an indefinite period if the consumer is entitled to terminate at any time with a notice period of no more than one month. The notice period is no more than three months if the agreement is aimed at regularly delivering daily newspapers, news and weekly magazines, and periodicals, but less frequently than once a month.
- An agreement with a limited duration for the regular delivery of daily newspapers, news and weekly magazines, and periodicals (trial or introductory subscription) will not be tacitly continued and will automatically terminate at the end of the trial or introductory period.
- If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year, with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed-upon duration.
Article 15 - Payment
- Unless otherwise agreed in the contract or additional terms, 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 contract. In the case of a service contract, this period begins on the day after the consumer receives confirmation of the contract.
- In the sale of products to consumers, the consumer must not be obligated to make an advance payment of more than 50% in the general terms and conditions. When an advance payment is agreed upon, the consumer may not assert any rights regarding the execution of the relevant order or service(s) until the agreed-upon advance payment has been made.
- The consumer has an obligation to promptly report any inaccuracies in the provided or stated payment details to the entrepreneur.
- If the consumer fails to meet their payment obligations in a timely manner, the consumer will be liable for statutory interest on the outstanding amount after the entrepreneur has notified the consumer of the late payment and has given the consumer a 14-day period to fulfill their payment obligations. In the event of non-payment within this 14-day period, the entrepreneur is also entitled to charge the consumer for extrajudicial collection costs incurred by the entrepreneur. These collection costs are a maximum of: 15% on outstanding amounts up to €2,500; 10% on the following €2,500; and 5% on the next €5,000, with a minimum of €40. The entrepreneur can deviate from these amounts and percentages to the benefit of the consumer.
Article 16 - Complaints Procedure
- The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
- Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has identified the defects.
- Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response. T
- he consumer must allow the entrepreneur at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is eligible for dispute resolution.
Article 17 - Disputes
- Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.
Article 18 - Additional or Deviating Provisions
Provisions that deviate from or supplement these general terms and conditions must 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 on a durable medium in an accessible manner.