Article 1 - Definitions
In these Terms and Conditions the following words are meant to be understood as:
- Time to reflect: the period during which the consumer can exercise his right of withdrawal;
- Consumer: the natural person who does not present himself as a professional or business and is entering a contract at distance with the trader;
- Day: calendar day;
- Extended duration transaction: a contract at distance concerning a range of products and /or services for which the delivery and /or purchase is spread over time;
- Permanent data carrier: any medium that enables the consumer or business to store information, addressed to him personally, in a way that enables future consultation and unaltered reproduction of the stored information;
- Right of withdrawal: the possibility for the consumer to waive the distance contract within the time to reflect period;
- Trader: the natural or legal body that offers products or services to consumers, at distance;
- Distance contract: an agreement whereby in the framework of a system, for distance sale of products and/or services that is organised by the trader, until the closing of the agreement, one can exclusively use one or more means of distance communication
- Technology for distance communication: a method that can be used to conclude a contract, without the consumer or trader being in the same area.
Article 2 – General information of the trader
Korte Stammerdijk 19
1382 BL Weesp
Tel.: +31 6 576 675 99
VAT number: NL 857157784B01
Chamber of Commerce number: 67743668
If the activity of the trader is subject to a relevant licensing regime:
data on the supervisory authority:
If the trader practices a regulated profession:
- The professional association or organisation with which he is registered;
- The professional qualification, the place in the EU or the European Economic Area where this was granted;
- A reference to the regulations applicable in the Netherlands and instructions where and how these regulations can be accessed.
Article 3 - Applicability
- These general conditions apply to every offer from the trader and to every distance contract between businesses and consumers.
- Prior to finalising the distance contract, these general conditions are made available to the consumer. If this is not possible before finalising the distance contract, then, before finalising the distance contract, the consumer is informed that the general conditions are available at the office of the trader and that, at his request, they will be sent as soon as possible and free of charge.
- If the distance contract is finalised electronically, the terms and conditions, notwithstanding the preceding paragraph and before the distance contract is finalised, can be sent in such a way that the consumer can store it on a simple durable data carrier. If this is not reasonably possible, it will be indicated, prior to finalising the distance contract, where the general conditions electronically can be found or otherwise, if requested by the consumer, will be sent free of charge.
- In the event that, in addition to these terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply and the consumer, in case of conflicting terms, can always rely on the applicable provision for him that is he most favourable.
Article 4 – The offer
- If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
- The offer includes a complete and accurate description of the products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the trader uses images, they are a true representation of the products and / or services. Apparent mistakes or apparent errors in the offer do not bind the trader.
- Each offer contains such information that it is clear to the consumer which rights and obligations are attached to the acceptance of the offer, in particular:
- the price, including taxes;
- the possible costs of delivery;
- how the agreement will be achieved and which actions are needed for this;
- whether or not the right of withdrawal is applicable;
- the method of payment, delivery or execution of the contract;
- the deadline for accepting the offer, or the period within which the company guarantees the price;
- whether the contract is filed after conclusion, and if so, how this can be accessed by consumers;
- the way in which consumer, before finalising the contract, can check and repair, if necessary, the provided information (under the agreement);
- any other languages, including Dutch, in which the contract may be entered;
- the conduct to which the trader is subject and the way the consumer can consult these behavioural codes electronically; and
- the minimum duration of the distance contract in the event of an extended transaction.
Article 5 – The agreement
- The agreement is, subject to the provisions of paragraph 4, finalised at the time when the consumer accepts the offer and meets the corresponding conditions.
- If the consumer electronically has accepted the offer, the trader will immediately electronically confirm the receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the trader, the consumer may terminate the agreement.
- If the agreement is created electronically, the trader will take appropriate technical and organisational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the trader will ensure appropriate safety precautions.
- The trader can - within the law - inform whether the consumer can meet its payment obligations as well of all facts and factors that are important to a sound conclusion of the distance contract. If the trader is, through this investigation, justifiably motivated to not enter into the agreement, he is entitled to refuse the request or to meet with the specific conditions.
- The trader will, along with the product or service, send to the consumer, 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 following information:
a. the address of business where the consumer can lodge complaints;
b. the conditions and manner in which consumers can exercise the right of the withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information on guarantees and after sales service;
d. the data of these conditions contained in article 4 paragraph 3, unless the trader has already provided that information to the consumer before the finalisation of the agreement.;
e. the requirements for termination of the contract if the contract is for more than one year or for an indefinite duration.
Article 6 - Right of withdrawal
Upon delivery of products:
- When purchasing products, the consumer has the option to cancel the agreement, without any reason, within 7 days. This period starts on the day following receipt of the product by the consumer, or a, previously designated by the consumer and the announced to the trader, representative.
- During the reflection period the consumer will treat the product and packaging with care. He will only unpack or use the product as is necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all original labels, accessories and - if reasonably possible - in the original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.
Article 7 - Costs in the case of withdrawal
- Should the consumer exercise his right of withdrawal, at least the costs of return shipping are at consumer’s expense.
- If the consumer has paid an amount, the trader will refund this amount as soon as possible but no later than 30 days after the return or cancellation.
Article 8 - Exclusion of right of withdrawal
- The trader may exclude the right of withdrawal from the consumer to the extent provided in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the trader has clearly stated this in the offer, at least in time for the finalisation of the contract.
- Exclusion of the right of withdrawal is only possible for products:
a. which have been made to the consumer's specifications by the trader;
b. that are clearly of a personal nature;
c. that can not be returned due to their nature;
d. that spoil or age quickly;
e. for which the price depends on fluctuations in the financial market over which the trader has no influence;
f. for newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, catering or leisure to carry on a certain date or during a specified period;
b. of which the supply, with the express consent of the consumer, has begun before the period has expired;
c. regarding betting and lotteries.
Article 9 – The price
- During the period mentioned in the offer, the prices of the products and / or services have not increased, except for price changes due to changes in VAT rates.
- Notwithstanding the preceding paragraph the trader can offer products or services of which prices are subject to fluctuations in the financial market over which the trader has no influence, at variable prices. These fluctuations and the fact that the prices are target prices are stated 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 stipulations.
- Price increases as from 3 months after the conclusion of the contract are only permitted if the trader stipulated as much and:
a: these are the result of legislation or regulations, or
b: the consumer has the power to terminate the agreement as of the date the increase takes effect.
- The prices indicated in the provision of products or services include VAT.
Article 10 - Compliance and Guarantee
- The trader guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and/or usability and on the date of the conclusion of the agreement existing legal provisions and/or government regulations. If agreed, the trader also will ensure that the product is suitable for unusual use.
- A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can claim against the employer under the contract.
Article 11 - Delivery and execution
- The trader will take the greatest possible diligence when receiving and implementing orders for products and when assessing applications 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 terms and conditions the company process accepted orders expeditiously but within 30 days unless a longer delivery period was agreed. If delivery is delayed, or if an order is not or only partially processed, the consumer receives notice of this no later than 30 days after placing the order. The consumer in this case has the right to terminate the contract without penalty and is entitled to possible compensation.
- In case of dissolution in accordance with the preceding paragraph, the trader will pay back the amount that consumers paid as soon as possible, but within 30 days after repudiation.
- If delivery of an ordered product proves impossible, the trader will endeavour to make a replacing item available. At latest upon the delivery of a replacing item is delivered will this be explained in clear and comprehensible manner. For replacement items the right of withdrawal can not be excluded. The costs of return shipment are the responsibility of the trader.
- The risk of damage and/or loss of products rest upon the trader until the moment of delivery to the consumer or to a designated and to the trader announced representative, unless otherwise expressly agreed.
Article 12 - Extended duration transaction: duration, termination and renewal
Notice of termination
- The consumer may at any time terminate a contract of an indefinite period, which extends to the regular delivery of products (including electricity), or services and taking into account the applicable termination rules and a notice of one month.
- The consumer may terminate a contract of a definite period, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, applicable termination rules and with a notice of within at least one month.
- The consumers can, in the preceding mentioned paragraphs, agreements:
- terminate, at any time and are not limited to termination at a particular time or in a given period;
- terminate in the same way as they were finalised;
- terminate with the same notice as the trader has negotiated for himself.
- A contract for a definite period, which extends to the regular delivery of products (including electricity) or services, may not be extended or tacitly renewed for a fixed period.
- Notwithstanding the preceding paragraph, a contract for a definite period, which extends to the regular delivery of daily news and weekly newspapers and magazines, will be automatically extended for a fixed period of up to three months, as the consumer may terminate this extended agreement at the end of the extension with notice of one month.
- A contract for a definite period, which extends to the regular delivery of products or services, may only be automatically extended if at any time the consumer may terminate with notice of one month and a notice of up indefinitely three months, when the agreement extends to the regular, but less than once a month, delivering daily, news and weekly newspapers and magazines.
- A fixed term contract with limited duration until delivery of day, news and weekly newspapers and magazines (trial or introductory subscription) is not automatically continued and ends automatically after the trial or introduction period.
- If a contract has duration of more than one year, the consumer may terminate the agreement after a year at any time with a notice period of up to one month prematurely, unless the reasonableness and fairness argue the termination before the end of the agreed term.
Article 13 - Payment
- Unless otherwise agreed, the amounts should be met by the consumer upon delivery with proof of discharge by the trader.
- The consumer has the duty to report inaccuracies in data supplied specified payment details, immediately to the trader.
- In case of default by the consumer, the trader has the right, subject to legal restrictions, to charge reasonable costs to the consumer in advance
Article 14 - Complaints
- The trader has a well-publicised procedure for complaints and deals with complaints under this procedure.
- Complaints regarding defects in purchased textile goods, shoes and / or other problems with the implementation of the agreement should be fully and clearly described, as soon as possible but within 2 months after discovery, submitted to the trader.
- Complaints submitted to the trader will be answered, counted from the date of receipt, is answered by the trader within the period of 14 days receipt. If a complaint is expected to have a longer processing time the consumer is informed by the trader within the period of 14 days receipt indicating when the consumer can expect a more detailed answer.
- If the complaint can not be resolved by mutual agreement, a dispute will develop that is subject to arbitration service.
Article 15 - Disputes
Contracts between the trader and the consumer to which these general terms and conditions are referred, only apply for Dutch law.
Article 16 - Additional or different terms
Additional or different terms should not be to the detriment of the consumer and should be recorded in writing in such a way that they can be stored on a durable medium by the consumer in an accessible manner.