Terms and conditions
Table of contents:
- Article 1 - Definitions
- Article 2 - Identity of the trader
- Article 3 - Applicability
- Article 4 - The offer
- Article 5 - The contract
- Article 6 - Right of withdrawal
- Article 7 - Consumer’s obligations during the cancellation period
- Article 8 - Exercising the right of withdrawal by the consumer and accompanying costs
- Article 9 - Trader’s obligations in case of withdrawal
- Article 11 - The price
- Article 12 - Fulfilment of the contract and additional guarantees
- Article 13 - Delivery and implementation
- Article 15 - Payment
- Article 16 - Complaints procedure
- Article 17 - Disputes
Article 1 - Definitions
The following definitions apply to these conditions:
Cancellation period: the period during which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting within the capacity of a profession or a business and enters into a distance contract with the trader;
Day: calendar day;
Durable medium: any means - including email - which enables the consumer or trader to store information that is addressed to him/her in person, in a way that permits future consultation and unaltered reproduction of the stored information;
Right of withdrawal: the possibility for a consumer to waive the distance contract within the withdrawal period;
Trader: the natural or legal person who is offering product to consumers over distance;
Distance contract: a contract between the trader and the consumer, involving the sole use of one or more techniques for distance communication within a system organized by the trader for the distance sale of products and/or services, up to and including the moment that the contract is concluded;
Technique for distance communication: a means that can be used for concluding a contract, without the consumer and the trader being in the same place at the same time.
Article 2 - Identity of the trader
Tinstraat 3e, 2984AN Ridderkerk, Nederland
Email address: email@example.com
KvK (Chamber of Commerce) number: 76880427
VAT identification number: NL860823246B01
Article 3 - Applicability
These terms and conditions apply to every offer of the trader and every concluded distance contract between the trader and consumer.
The terms and conditions are made available to the consumer, prior to conclusion of the distance contract. In case this is not reasonably possible, the trader will inform the consumer, before a distance agreement is concluded, on how the general conditions are available for inspection and that they will be sent to the consumer - free of charge - as soon as possible.
If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the contract is concluded, the text of these general conditions may be sent to the consumer electronically, in such a way that he/she can easily store them on a durable medium. If this is not reasonably possible, then prior to concluding the contract, the consumer will be informed where the general conditions can be accessed electronically and that, upon request, they will be sent to him/her – free of charge – either electronically or in some other way.
In the event of specific conditions relating to a product or service, in addition to these general conditions, the second and third paragraphs apply by analogy and, in the event of conflicting general conditions, the consumer can always appeal to the applicable stipulation that is most favorable for him/her.
Article 4 - The offer
If an offer is subject to a limited period of validity, or is concluded subject to conditions, this will be explicitly mentioned in the offer.
The offer contains a complete and accurate description of the products and/or services being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader makes use of illustrations, these will be a true representation of the products and/or services being offered. The trader is not bound by obvious mistakes or errors in the offer.
Every offer will contain such information that it is clear to the customer what rights and obligations are involved in accepting the offer.
Article 5 - The contract
The contract is concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the applicable conditions have been fulfilled.
If the consumer has accepted the contract electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as the receipt of acceptance has not been confirmed.
If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer is able to pay electronically, the trader will observe appropriate security measures.
The trader may obtain information – in accordance with statutory frameworks – about the consumer’s ability to fulfill his payment obligations, and also about facts and factors that are important for a responsible conclusion of the distance contract. If that research provides the trader with good grounds for declining to conclude the contract, then he has the right to reject an order or application or to bind its implementation to special conditions, thereby stating his/her grounds.
The trader will send to the consumer, together with the product or service, the following information, in writing, or in such a way that the consumer can store it on an accessible durable medium:
the address of the trader’s business where the consumer can lodge a complaint;
the conditions under which the consumer can use the right of withdrawal, and how to do so, or a clear statement relating to the exclusion of the right of withdrawal;
information on existing after-sales service and guarantees;
the price, including all taxes; where applicable any costs of delivery; and the method of payment, delivery or implementation of the distance contract;
the requirements for terminating the contract, if the duration of the contract exceeds one year or if it is indefinite;
in case the consumer has a right of withdrawal, the template form for withdrawal.
Where the trader has undertaken to supply a series of products or services, the stipulation in the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
When purchasing products, a consumer is able to dissolve the contract, without stating reasons, during fourteen days. The trader may ask the consumer the reason for withdrawal, but can not obligate the consumer to state his reason(s).
This period commences on the day after the product was received by or on behalf of the consumer - excluding the carrier - or:
if the consumer has ordered multiple products in one order: the day on which the last product was received by or on behalf of the consumer - excluding the carrier. The trader can, if he informed the consumer in a clear manner prior to the ordering process, refuse an order consisting of multiple products with different delivery times;
if the delivery of a product consists of various shipments or components: the day on which the last shipment or component was received by or on behalf of the consumer - excluding the carrier;
in contracts for regular delivery of products during a certain period: the day on which the first product was received by or on behalf of the consumer - excluding the carrier.
Article 7 - Consumer’s obligations during the cancellation period
During the cancellation period the consumer will treat the product and its packaging with care. He will only unpack or use the product to the extent that is necessary in order to determine the nature, characteristics and working function of the product. The principle here is that the consumer can only handle and inspect the product in the same way he would do in a store.
The consumer is only liable for reduction of value of the product that is the result of a way of handling the product that exceeds what is stated in paragraph 1.
The consumer is not liable for reduction of value of the product if the trader has not provided him with all the legally required information about the right of withdrawal before or during closing of the contract.
Article 8 - Exercising the right of withdrawal by the consumer and accompanying costs
If the consumer wishes to exercise the right of withdrawal, he notifies the trader within the cancellation period by filling in the template form for withdrawal or in another unambiguous way.
As soon as possible, but at the most within 14 days starting the day following the in paragraph 1 mentioned notification, the consumer returns the product or hands it over to (a representative of) the trader. This is not necessary if the trader has offered to pick up the product himself. The consumer has taken the return duration into consideration if he sends back the product before the cancellation period has expired.
The consumer will return the product to the trader, with all associated components, and – if this is reasonably possible – in the original state and packaging, in accordance with the reasonable and clear instructions provided by the trader.
The risk and burden of proof of correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the goods.
Article 9 - Trader’s obligations in case of withdrawal
If the trader enables the notification of withdrawal by electronic means, he will immediately send a confirmation after receiving this notification.
The trader reimburses all payments made by the consumer, including possible delivery costs for the returned product charged by the trader, if the consumer returns the whole delivery. The trader will carry out the reimbursement within 14 days after receiving the product or within 14 days after the consumer demonstrates that he has returned the product, whichever is first.
The trader uses the same payment method for the reimbursement as the consumer has used for the initial payment, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
If the consumer chooses a more expensive delivery method than the cheapest standard delivery, the trader is not obliged to reimburse the additional costs for the more expensive method.
Article 11 - The price
Prices quoted for products or services being offered include VAT.
Article 12 - Fulfilment of the contract and additional guarantees
The trader guarantees that the products and/or services fulfill the contract, the specifications stipulated in the offer, reasonable requirements regarding reliability and/or serviceability, and statutory stipulations and/or government regulations that applied on the date on which the contract was concluded.
A guarantee arrangement offered by the trader, manufacturer or importer does not affect the rights and claims a consumer can enforce on the grounds of the law and/or the distance contract, in relation to any failure on the part of the trader to keep to his obligations vis-á-vis the consumer.
Additional guarantee is understood as any commitment by the trader, its supplier, importer or producer, that grants the consumer certain rights that which are not required by law, in case he lacked in fulfilling the contract.
Article 13 - Delivery and implementation
The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
The place of delivery is deemed to be the address that the consumer makes known to the company.
Taking into consideration that which is stated in Article 4 of these general conditions, the company will implement accepted orders with all due speed, within 30 days at the latest, unless a different period of delivery has been agreed. If delivery is delayed, or if an order cannot be fulfilled, or only partially, the consumer will be informed about this, at the latest within 30 days after the order was placed. In that case, the consumer has a right to dissolve the contract, free of charge, and a right to possible damages.
In a case of dissolution as described in the previous paragraph, the trader will refund the consumer with the sum paid as quickly as possible.
The risk of damage and/or loss of products rests upon the trader up to the moment of delivery to the consumer or a predesignated representative known to the trader, unless this has explicitly been agreed otherwise.
Article 15 - Payment
The payment for a product needs to be completed before the trader delivers the product. If the trader does not receive the payment within 7 days, the distance contract will be terminated.
The consumer is obliged to immediately inform the trader of any inaccuracies in payment data provided or communicated.
Article 16 - Complaints procedure
The trader provides for a complaints procedure, that has been given sufficient publicity, and will deal with a complaint in accordance with this complaints procedure.
A consumer who has discovered a defect should submit to the trader, without delay, a comprehensive and clearly specified complaint about fulfillment of the contract.
A reply regarding complaints submitted to a trader will be provided within a period of 14 days, calculating from the date of receipt. If a complaint requires a longer period of time for processing, then the trader will reply within 14 days, confirming receival and indicating when the consumer can expect a more elaborate reply.
The consumer has to give the trader 4 weeks to solve the complaint in mutual consultation. After this term, a dispute arises that is subject to the dispute regulation.
Article 17 - Disputes
The contract between the trader and consumer to which these conditions apply, is exclusively governed by Dutch law.
The consumer has the possibility to resolve a dispute via the European online platform for dispute resolution.