Article 1 - Definitions
In these conditions:
- Additional agreement: is an agreement whereby the consumer purchases products, digital content and/or services in connection with a distance contract and whereby these goods, digital content and/or services are provided by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
- Cooling-off period: is the period within which the consumer is entitled to exercise the right to withdrawal;
- Consumer: is the natural person who does not act for purposes related to his trade, business, craft or professional activity;
- Day: is a calendar day;
- Digital content: is the data produced and delivered in digital format;
- Continuing performance contract: is an agreement that includes the regular delivery of goods, services and/or digital content during a specific period;
- Durable data carrier: is every tool - including email - that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows for consultation or use in the future at a time when the information is needed to accomplish a specific goal. The tool also allows for the unaltered reproduction of the stored information;
- Right of withdrawal: is the possibility for the consumer to cancel the distance contract within the cooling-off period;
- Entrepreneur: is the legal entity that provides products, (access to) digital content and/or services to consumers remotely;
- Distance contract: is an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for the remote selling of products, digital content and/or services, whereby one or more methods for long-distance communication were used up to and including the conclusion of the agreement;
- Standard form for withdrawal: is the standard form for withdrawal included as an appendix to these conditions;
- Technology for distance communication: includes tools that can be used to conclude an agreement, without the consumer and the entrepreneur having to be in the same room at the same time.
Article 2 - Identity of the entrepreneur
1018 EV Amsterdam
Telephone number: +31 (0)20 5309260
E-mail address: firstname.lastname@example.org
Chamber of Commerce number Amsterdam: 33255887
VAT identification number: NL804999338B01
Article 3 - Applicability
- These online shop terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and a consumer.
- Before the distance contract is concluded, these terms and conditions will be made available to the consumer. If this is not reasonably possible, then the entrepreneur will inform the consumer of how to access the online shop terms and conditions and that at their request the consumer will receive the terms and conditions free of charge and as soon as possible but before the distance contract is concluded.
- If the distance contract is agreed remotely and electronically, by way of derogation of the previous paragraph and before the contract is concluded remotely, these online shop terms and conditions must be made available to the consumer electronically in such a way that they can easily and quickly store the information on a durable data storage carrier. If this is not reasonably possible, the entrepreneur will inform the consumer of how to access the online shop terms and conditions electronically and that the consumer will receive the terms and conditions free of charge before the distance contract is concluded.
- In the event that in addition to these terms and conditions of sale specific service conditions also apply, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting conditions, the consumer will always be entitled to invoke the applicable provision that is most favourable to him.
Article 4 - The offer
- If an offer has a limited period of validity or is made subject to specific conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products, digital content and/or services involved. The description is sufficiently detailed to allow for a proper assessment of the offer by the consumer. If the entrepreneur uses images. then these are a true reflection of the offered products, services and/or digital content. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
- Every offer contains all the information necessary so the consumer is aware of the rights and obligations associated with the acceptance of the offer.
Article 5 - The contract
- Subject to the provisions of paragraph 4, the contract is concluded at the time the consumer accepts the offer and agrees with the corresponding terms and conditions.
- In the event that the consumer has accepted the offer electronically, the entrepreneur will confirm acceptance of the offer electronically and without delay. As long as receipt of acceptance has not been confirmed by the entrepreneur, the consumer is entitled to terminate the contract.
- In the event that the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and provide a secure web environment. If consumers have the option of using electronic payment methods, then the entrepreneur will take suitable safety measures.
- Within legal frameworks, the entrepreneur can get informed, by any means necessary, of the consumer’s ability to meet payment obligations, and about the facts and factors that are important in the responsible conclusion of a remote contract. If, based on this investigation, the entrepreneur finds that he has good reason not to agree a contract with a consumer, then the entrepreneur is entitled to refuse an order or request or to specify special conditions.
- The entrepreneur will present the consumer with the information included below, in writing or in such a way that it can be easily accessed and stored on a durable data storage carrier by the consumer, and will do so no later than upon the delivery of the product, service or digital content:
a. the visiting address of the entrepreneur’s business location, where consumers can go should they have any complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding exclusion from the right of withdrawal;
c. the information about warranties and existing after-sales services;
d. the price of the product, service or digital content including all taxes; insofar as applicable the costs of delivery; and the method of payment, delivery or execution of the distance contract;
e. the requirements for terminating the contract if the contract has a duration of more than one year or has been agreed for an indefinite period of time;
f. the standard form for the right of withdrawal, if the consumer has the right of withdrawal.
- In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Right of withdrawal
- The consumer can terminate a contract for the purchase of a product any time during a cooling-off period of at least 14 days without giving any reasons. The entrepreneur may request information from the consumer about the reason for withdrawal, but the consumer may not be obligated to inform the entrepreneur of these reasons.
- The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the transport provider, has received the product, or:
a. if the consumer has several products in the same order: then this period starts on the day the consumer, or a third party designated by the consumer, receives the final product. The entrepreneur may, provided he has informed the consumer in a clear manner prior to the start of the ordering process, refuse an order of several products with different delivery times.
b. if the consumer has several products or components in the same order: then this period starts on the day the consumer, or a third party designated by the consumer, receives the final shipment or component.
c. for contracts for the regular delivery of products during a specific period: then this period starts on the day the consumer, or a third party designated by the consumer, receives the first product.
For services and digital content not delivered on a tangible medium:
- The consumer is entitled to terminate a service contract or a contract for delivery of digital content not stored on a tangible medium during at least 14 days without stating any reasons. The entrepreneur may request information from the consumer about the reason for withdrawal, but the consumer may not be obligated to inform the entrepreneur of these reasons.
- The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the contract.
Extension of the cooling-off period for products, services and digital content not delivered on a tangible medium in the event that the consumer has not been informed of the right of withdrawal:
- If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the standard form for withdrawal, the cooling-off period will expire twelve months after the end of the original cooling-off period as determined in accordance with the previous paragraphs of this article.
- In the event that the entrepreneur has supplied the consumer with the information referred to in the previous paragraph within twelve months of the start date of the original cooling-off period, then the cooling-off period will elapse fourteen days after the consumer receives the information.
Article 7 - Consumer obligations during cooling-off period
- The consumer agrees to carefully handle the product and packaging during the cooling-off period. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product to the same degree allowed in a high street shop.
- The consumer is only liable for reductions in value of a product that is the result of handling the product in a way that goes beyond what is permitted as stated in paragraph 1.
- The consumer cannot be held liable for value reduction of the product if the entrepreneur fails to provide him with all the legally-required information about the right of withdrawal before or during the conclusion of the contract.
Article 8 - Exercising the consumer’s right of withdrawal and associated costs
- If the consumer exercises his right of withdrawal, he will notify the entrepreneur within the cooling-off period using the standard form or in another unambiguous manner.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to come and collect the product. In any case, the consumer has complied with the return period if he returns the product before the cooling-off period has expired.
- The consumer returns the product including all accessories, in its original state and packaging if reasonably possible, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer shall bear the direct costs of returning the product. If the entrepreneur has neglected to inform the consumer that they must bear these costs themselves or if the entrepreneur has stated that they shall bear these costs themselves, then the consumer cannot be held responsible for the costs of returning the product.
- If the consumer exercises the right to withdrawal after first having explicitly requested that the provision of services or the supply of gas, water or electricity that has not been prepared for sale is made available in a limited volume or amount during the cooling-off period, then the consumer is obligated to pay the entrepreneur an amount proportional to the partial performance of the obligation by the entrepreneur up to the point of withdrawal, compared to full compliance with the contract.
- The consumer shall not incur any costs for the performance of services or the supply of water, gas or electricity that has not been prepared for sale in a limited volume or amount, or for the supply of district heating, if:
a. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or has not provided the standard form for withdrawal; or
b. the consumer has not explicitly requested the delivery or supply of services, gas, water, electricity or district heating during the cooling-off period.
- The consumer shall bear no costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
a. he did not explicitly agree, prior to delivery, to commencement of performance of the contract before the end of the cooling-off period;
b. he failed to acknowledge that he will lose his right of withdrawal upon giving consent; or
c. the entrepreneur has failed to confirm this statement from the consumer.
- If the consumer exercises his right of withdrawal, all additional agreements will be terminated by operation of law.
Article 9 - Obligations of the entrepreneur during cooling-off period
- If the entrepreneur permits digital notification of withdrawal by consumers, then the entrepreneur must send confirmation of receipt immediately upon receiving this notification.
- The entrepreneur will reimburse all consumer payments, including any delivery costs for the returned product charged to the consumer by the entrepreneur, without delay but no later than 14 days following the day on which the consumer informs the entrepreneur of the withdrawal. Unless the entrepreneur offers to collect the product, the entrepreneur is entitled to postpone reimbursement until the product has been received or until the consumer can show that they have returned the product, depending on what comes first.
- The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to another method. Reimbursement is free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, then the entrepreneur does not have 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 stated this in the offer, at least in good time prior to the conclusion of the contract:
- Products or services with a price that is subject to fluctuations in the financial market that the entrepreneur cannot control and that may occur within the withdrawal period;
- Contracts that have been concluded during a public auction. A public auction is defined as a sales method whereby products, digital content and/or services are provided by the entrepreneur to the consumer who is physically present or is given the opportunity to come to the auction, which is run by an auctioneer, and during which bidders who are successful are required to purchase products, digital content and/or services;
- Service agreements, after full performance of the service, but only if:
a. the performance has begun with the explicit prior consent of the consumer; and
b. the consumer has declared that he will lose his right of withdrawal as soon as the entrepreneur has fully performed the obligations laid down in the agreement;
- Package holidays as referred to in Section 7:500 of the Dutch Civil Code and passenger transport agreements;
- Service agreements for the provision of accommodation, if a certain date or period for this availability has been specified and the agreement contains different provisions than agreements for residential purposes, freight transport, car rental services and catering;
- Contracts relating to leisure activities, if the agreement includes a specific date or period of implementation;
- Products manufactured in accordance with consumer specifications that are not prefabricated and that are manufactured based on individual preferences or consumer choices, or that are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed products that for health reasons or hygiene reasons are not suitable to be returned or of which the seal has been broken after delivery;
- Products that have become inseparably mixed with other products after delivery;
- Alcoholic beverages of which the price was agreed at the time of conclusion of the contract, but that have a delivery date scheduled after 30 days, and of which the actual value depends on fluctuations in the market that the entrepreneur has no influence on;
- Sealed audio recordings, video recordings and computer software of which the seal is broken after delivery;
- Newspapers, periodicals and magazines, with the exception of subscriptions;
- The delivery of digital content other than on a tangible medium, but only if:
a. the performance has begun with the explicit prior consent of the consumer; and
b. the consumer has declared to be aware that he will lose his right of withdrawal this way.
Article 11 - The price
- During the period mentioned in the offer, the prices of the products and/or services will not increase, except for price changes due to changes in VAT rates.
- Notwithstanding the previous paragraph, the entrepreneur can offer products or services with variable prices, which are subject to fluctuations in the financial market and that the entrepreneur cannot control. This dependency on fluctuations and the fact that any prices mentioned are recommended retail prices must be included in the description of the offer.
- Price increases within three months of the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
- Price increases within three months of the conclusion of the contract are only permitted if the entrepreneur has negotiated this and:
a. the increases are the result of statutory regulations or provisions; or
b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
- The prices mentioned for the range of products and services are inclusive of VAT.
Article 12 - Performance of contract and additional warranty
- The entrepreneur guarantees that the products and/or services comply with the agreements in the contract, the specifications mentioned in the offer, the reasonable demands of reliability and/or usability, and the existing legal provisions and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for something other than normal use.
- An additional guarantee provided by the supplier, his manufacturer or importer never limits the legal rights and claims that the consumer can make against the entrepreneur based on the agreement in the event that the entrepreneur has failed to uphold his part of the agreement.
- An additional guarantee is understood to mean any commitment the entrepreneur, his supplier, importer or producer makes to the consumer that gives the consumer certain rights or claims that go beyond what the entrepreneur is required to do by law in the event that he has failed in the performance of his part of the agreement.
Article 13 - Delivery and execution
- The entrepreneur will take the greatest possible care when receiving and implementing orders for products and in the assessment of requests for the provision of services.
- The place of delivery is the address that the consumer has provided to the entrepreneur.
- With due observance of what is stated in Article 4 of these online shop terms and conditions, the entrepreneur will execute accepted orders expeditiously but no later than after 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will receive notification of this no later than 30 days after he has placed the order. In that case, the consumer is entitled to terminate the contract free of charge and with possible compensation.
- After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount received from the consumer.
- The risk of damage and/or loss of products rests with the entrepreneur until the time of delivery to the consumer or a designated representative of whom the entrepreneur has been informed, unless expressly agreed otherwise.
Article 14 - Continuing performance contract: duration, cancellation and extension
- The consumer may at any time terminate a contract that has been entered into for an indefinite period of time and which extends to the regular delivery of products or services with due observance of the agreed termination rules and a notice period of up to one month.
- The consumer may at any time terminate a contract that has been entered into for a fixed period of time and which extends to the regular delivery of products or services after the end of the fixed term with due observance of the agreed termination rules and a notice period of up to one month.
- In regards to the agreements mentioned in the previous paragraphs, consumers may:
- cancel at any time and not be limited to termination at a specific time or in a given period;
- terminate the agreement in the same way as it was agreed;
- always terminate within the same notice period as the entrepreneur has negotiated for himself.
- A contract that has been entered into for a fixed period of time and which covers the regular delivery of products or services (including electricity) may not be tacitly renewed or extended for a fixed period of time.
- Notwithstanding the previous paragraph, the entrepreneur may tacitly extend a contract that was entered into for a fixed period of time by no more than three months and that covers the regular delivery of daily newspapers, weeklies and magazines, if the consumer is entitled to terminate this extended contract at least one month before the end of the extension.
- A contract that has been entered into for a fixed period of time and which extends to the regular delivery of products or services may only be tacitly renewed if the consumer is entitled to terminate the contract at any time with a notice period of no more than one month. The notice period is a maximum of three months for contracts that cover regular (but less than once a month) deliveries of daily newspapers, weeklies, periodicals and magazines.
- A fixed-term contract that includes the regular delivery of introductory daily newspapers, weeklies, periodicals and magazines (trial subscriptions or introductory subscriptions) may not be tacitly renewed and automatically terminates when the trial period or introductory period ends.
- If a contract has a duration of more than one year, the consumer may terminate the agreement with a notice period of at least one month after the first year, unless this is in contradiction with reasonableness and fairness.
Article 15 - Payment
- Unless otherwise stipulated in the contract or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days after the start date of the cooling-off period, or in the absence of the cooling-off period within 14 days after the conclusion of the agreement. In the case of a contract to provide a service, this cooling-off period shall commence the day after the consumer has received confirmation of the agreement.
- When selling products to consumers, the online shop terms and conditions may never obligate the consumer to pay an advance of more than 50% of the total amount. If payment in advance is stipulated, consumers do not have any rights regarding the fulfilment of the order or provision of the services in question before the required advance payment has been made.
- The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
- If the consumer does not meet his payment obligation(s) in a timely manner, then the entrepreneur will send a reminder of the payment due and if after this 14-day payment extension period the consumer still has not met his payment obligations, then the consumer will be obligated to pay statutory interest on the amount due and the entrepreneur will be entitled to charge the extrajudicial collection costs owed to the consumer. These collection costs are no more than: 15% on outstanding amounts up to €2,500, 10% on the next €2,500 and 5% over the next €5,000 with a minimum of €40. The entrepreneur may deviate from the above-mentioned amounts and percentages in favour of the consumer.
Article 16 - Complaints procedure
- The entrepreneur has a published and easily accessible complaints procedure and all complaints shall be handled in accordance with this complaints procedure.
- Complaints relating to the performance of the contract must be submitted to the entrepreneur within a reasonable period after the consumer has discovered the defects and must be clearly described and complete.
- Complaints submitted to the entrepreneur must be answered within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and will inform the consumer of when they can expect a more detailed answer.
- The consumer must give the entrepreneur at least four weeks time to resolve the complaint in mutual consultation. After this period, the complaint becomes a dispute that is subject to a dispute settlement procedure.
Article 17 - Disputes
- Contracts between the entrepreneur and the consumer to which these online shop terms and conditions apply are governed exclusively by Dutch law.
Article 18 - Additional or deviating provisions
- Additional terms and conditions or those deviating from these online shop terms and conditions may not disadvantage the consumer and must be recorded in writing or must be made available to the consumer in such a way that they can save the terms and conditions on a durable data storage carrier.