Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following terms shall have the meanings ascribed to them:
Cooling-off period: the period within which the consumer can exercise their right of withdrawal; Read all about the cooling-off period
Consumer: the natural person who does not act in the exercise of a trade or profession and enters into a distance contract with the trader;
Dag: kalenderdag;
Long-term transaction: a distance contract relating to a range of products and/or services, where the obligation to supply and/or purchase is spread over time;
Sustainable data carrier: any medium enabling the consumer or entrepreneur to store information personally addressed to them in such a way that future consultation and unaltered reproduction of the stored information is possible.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period.;
Model withdrawal form: the model withdrawal form that the trader makes available which a consumer can fill in when they wish to exercise their right of withdrawal.
Entrepreneur: the natural person or legal entity offering products and/or services remotely to consumers.;
Distance contract: a contract concluded, within the framework of a sales system organised by the trader for distance sales of products and/or services, exclusively using one or more means of distance communication up to and including the conclusion of the contract;
Distance communication technique: a means that can be used to conclude an agreement without the consumer and the trader having met in the same space at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the trader
V.O.F. Engelpunt
Marconistraat 33
8013PK Zwolle
The Netherlands
T (065) 894-6902
E [email protected]
Chamber of Commerce and Industry 93844506
BTW number NL866546819B01
Article 3 - Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated before the distance contract is concluded that the terms and conditions can be inspected at the entrepreneur's premises and will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, the text of these terms and conditions may, by way of derogation from the preceding paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, then before the distance contract is concluded, it shall be indicated where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge electronically or otherwise upon request.
In the event that specific product or service terms and conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and the consumer may, in the event of conflicting terms and conditions, always rely on the applicable provision which is most favourable to him.
If one or more provisions in these terms and conditions are void or annulled, in whole or in part, at any time, the agreement and these terms and conditions shall otherwise remain in full force and effect, and the relevant provision shall be replaced without delay, in consultation, by a provision that approximates the original intention as closely as possible.
Situations not covered by these general terms and conditions shall be assessed in accordance with the spirit of these general terms and conditions.
Any uncertainties regarding the explanation or content of one or more clauses of our terms and conditions shall be interpreted ‘in the spirit’ of these general terms and conditions.
Article 4 – The Offer
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to amend and adjust the offer.
The offer contains a full and accurate description of the products and/or services offered. The description is detailed enough to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these shall be a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colours shown will exactly match the real colours of the products.
Every offer shall contain information such that the consumer is aware of the rights and obligations associated with accepting the offer. This includes, in particular:
the price including taxes;
the potential shipping costs;
the manner in which the agreement will be concluded and which actions are necessary for this;
the applicability or non-applicability of the right of withdrawal;
the method of payment, delivery, and performance of the agreement;
the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
the level of the fee for distance communication if the costs of using the distance communication technique are calculated on a different basis to the standard basic rate for the communication method used;
or whether the agreement will be archived after its conclusion, and if so, where it can be accessed by the consumer;
the way in which the consumer can check the data provided by them within the scope of the agreement before concluding the agreement and, if desired, correct them;
the other languages, in addition to Dutch, in which the agreement can be concluded;
the codes of conduct to which the entrepreneur has subscribed and the manner in which the consumer can access these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a recurring transaction.
Article 5 – The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set out therein.
If the consumer has accepted the offer electronically, the trader shall confirm receipt of the acceptance of the offer electronically without delay. As long as the agreement has not been confirmed by the trader from this acceptance, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. Where the consumer can pay electronically, the entrepreneur shall observe appropriate security measures for this purpose.
The entrepreneur may, within the legal framework, ascertain whether the consumer can meet their payment obligations, as well as all facts and factors that are relevant for responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the contract, they are entitled to a reasoned refusal of an order or request, or to attach special conditions to its execution.
The entrepreneur shall send the consumer the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
the visiting address of the entrepreneur's branch where the consumer can go with complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification that the right of withdrawal is excluded;
information about warranties and existing after-sales service;
the data included in Article 4(3) of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the performance of the agreement;
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 continuous transaction, the provision in the previous paragraph shall only apply to the first delivery.
Every agreement is entered into subject to the suspensive condition of the sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the right to cancel the agreement without stating reasons for a period of 14 days. This cooling-off period begins on the day after the consumer or a representative previously appointed by the consumer and made known to the entrepreneur receives the product.
During the reflection period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to assess its nature, characteristics and functioning. If he exercises his right of withdrawal, he shall return the product with all accessories supplied and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When the consumer wishes to exercise their right of withdrawal, they are required to notify the trader thereof within 14 days of receiving the product. The consumer must notify the trader using the model form or by means of another communication method such as email. After the consumer has notified that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered items have been returned in a timely manner, for example by means of proof of postage.
If the customer has not indicated their desire to exercise their right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the sale is final.
Article 7 – Costs in case of withdrawal
If the consumer exercises their right of withdrawal, the return costs will be borne by them at most.
If the consumer has made a payment, the trader will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been returned to the online shop or conclusive proof of complete return can be provided. Refunds will be made using the same payment method that was used by the consumer, unless the consumer explicitly agrees to a different payment method.
If the product is damaged due to the consumer's own careless handling, the consumer is liable for any depreciation in the product's value.
The consumer cannot be held liable for any depreciation in the value of the product if all legally required information about the right of withdrawal has not been provided by the trader, which must be done before the sales contract is concluded.
Article 8 – Exclusion of the right of withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal shall only apply if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.
Exclusions to the right of withdrawal are only possible for products:
- which have been made by the trader in accordance with the consumer’s specifications;
- which are clearly personal in nature;
- which by their nature cannot be returned;
- that can spoil or age quickly;
- the price of which is tied to fluctuations on the financial market over which the entrepreneur has no influence;
- for loose newspapers and magazines;
- for audio and video recordings and computer software where the consumer has broken the seal;
- for hygienic products where the consumer has broken the seal.
Article 9 – The Price
During the period of validity stated in the offer, the prices of the products and/or services on offer will not be increased, except for price changes resulting from changes in VAT rates.
By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are linked to fluctuations on the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations, and the fact that any stated prices are indicative, shall be stated in the offer.
Price increases within 3 months of the agreement being concluded are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the agreement is concluded are only permitted if the entrepreneur has stipulated this and:
- may arise from statutory provisions or regulations; or
- the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
The prices mentioned in the range of products or services are inclusive of VAT.
All prices are subject to printing and typesetting errors. No liability will be accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of sound quality and/or usability, and the statutory provisions and/or government regulations in force on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
A guarantee provided by the businessperson, manufacturer or importer does not detract from the statutory rights and claims that the consumer can assert against the businessperson under the contract.
Any defects or incorrectly delivered products must be reported to the contractor in writing within 2 months of discovering the defect.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.
The guarantee does not apply if:
the consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
the supplied products have been exposed to abnormal conditions or otherwise mishandled or have been treated in contravention of the instructions of the contractor and/or on the packaging;
inadequacy is wholly or in part attributable to regulations which the government has made or shall make concerning the nature or quality of the materials used.
Article 11 – Delivery and performance
The entrepreneur shall exercise the utmost care in receiving and executing orders for products and in assessing applications for the provision of services.
The place of delivery shall be the address that the consumer has made known to the company.
Subject to what is stated in article 4 of this article, the company shall execute accepted orders with due diligence, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer shall be notified thereof at the latest 30 days after placing the order. In that case, the consumer has the right to cancel the agreement free of charge. The consumer is not entitled to any compensation.
All delivery times are indicative. The consumer cannot derive any rights from any mentioned deadlines. Exceeding a deadline does not entitle the consumer to compensation.
In the event of termination in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
If delivery of an ordered product proves impossible, the entrepreneur will endeavour to make a replacement item available. At the latest upon delivery, it will be clearly and comprehensibly communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment will be borne by the entrepreneur.
The risk of damage to and/or loss of products rests with the seller until the moment of delivery to the consumer or a designated representative, previously made known to the seller, unless explicitly agreed otherwise.
Article 12 – Term Transactions: Duration, Termination and Renewal
Resignation
The consumer may at any time terminate an agreement entered into for an indefinite period and which provides for the regular delivery of products (including electricity) or services, subject to the termination rules agreed upon and a notice period of not more than one month.
The consumer can terminate an agreement entered into for a fixed period, which involves the regular delivery of products (including electricity) or services, at any time before the end of the fixed term, in accordance with the agreed termination rules and a notice period of no more than one month.
The consumer can the agreements mentioned in the previous paragraphs:
- to terminate at any time and not be restricted to termination at a specific time or during a specific period;
- at least terminate in the same manner as they were entered into by him;
- always cancel with the same notice period as the entrepreneur has stipulated for themselves.
Extension
An agreement entered into for a fixed period and which is intended for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed duration.
By way of derogation from the previous paragraph, an agreement concluded for a fixed term which provides for the regular delivery of daily, newspaper and weekly publications and periodicals may be tacitly extended for a specific period of no more than three months, provided that 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 entered into for a fixed period that is intended for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of at most one month, and a notice period of at most three months in the event that the agreement is intended for the regular, but less than once a month, delivery of daily, weekly or twice-weekly newspapers and magazines.
An agreement for a limited period for the regular delivery of daily, news, and weekly papers and magazines (trial or introductory subscription) shall not be tacitly renewed and shall automatically end after the expiry of the trial or introductory period.
Duration
If an agreement has a duration of more than a year, the consumer may cancel the agreement at any time after one year, with a notice period of no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, amounts due from the consumer shall be paid within 7 working days of the commencement of the cooling-off period referred to in Article 6(1). In the case of a contract for the provision of a service, this period begins after the consumer has received confirmation of the contract.
The consumer has a duty to report any inaccuracies in provided or stated payment details to the trader without undue delay.
In the event of default by the consumer, the entrepreneur shall, subject to statutory limitations, be entitled to charge the reasonable costs previously made known to the consumer.
Article 14 – Complaints Procedure
The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints regarding the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months of the consumer discovering the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will reply within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved through mutual consultation, a dispute will arise which is subject to dispute resolution.
In case of complaints, a consumer must first contact the entrepreneur. If the online shop is affiliated with WebwinkelKeur and complaints cannot be resolved through mutual consultation, the consumer must contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check if this online shop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution has still not been reached, the consumer has the option of having their complaint handled by the independent dispute resolution committee appointed by WebwinkelKeur. The decision of this committee is binding, and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this dispute resolution committee incurs costs, which must be paid by the consumer to the relevant committee.
A complaint does not suspend the obligations of the contractor, unless the contractor indicates otherwise in writing.
If a complaint is found to be valid by the entrepreneur, the entrepreneur shall, at her discretion, either replace or repair the products supplied free of charge.
Article 15 – Disputes
Dutch law shall apply exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. This also applies if the consumer resides abroad.
The Vienna Sales Convention does not apply.
Article 16 – Supplementary or deviating provisions
Supplementary provisions or provisions deviating from these general terms and 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.