In these conditions is intended by:
Supplemental agreement: an agreement whereby the consumer acquires products and/or services in the context of a distance agreement and these matters and/or services are delivered by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;
Reflection period: the term within which the consumer can make use of his right of revocation;
Consumer: the natural person not acting for purposes connected with his trading, company, artisanal, or professional activity;
Day: calendar day;
Digital content: information created and delivered in digital form;
Continuing performance agreement: an agreement which serves for the regular delivery of matters, services and/or digital content during a fixed period;
Durable information carrier: any tool – also including e-mail – which enables the consumer or entrepreneur to store information addressed at him personally, in a manner which enables future perusal or use thereof for the duration of a period which is in line with the purpose the information is intended for, as well as the unaltered reproduction of the stored information;
Right of revocation: the possibility of the consumer to renounce the distance agreement within the reflection period;
Entrepreneur: the natural or legal person offering products, (access to) digital content and/or services at a distance to consumers;
Distance agreement: an agreement concluded between the entrepreneur and the consumer in the context of an organised system for sale at a distance of products and/or services, whereby until the moment of conclusion exclusive or co-use is made of one or more techniques for communicating at a distance;
Model form for revocation: the European model form for revocation included in Appendix I of the present conditions. Appendix I does not have to be provided if the consumer does not have the right of revocation in the matter of his order;
Technique for communicating at a distance: means which can be used to conclude an agreement, without the consumer and entrepreneur needing to convene simultaneously in the same space.
These general conditions are applicable to any offer of the entrepreneur and to every concluded distance agreement between entrepreneur and consumer.
Before the distance agreement is concluded, the text of these general conditions is provided to the consumer. If such is not reasonably possible, the entrepreneur will indicate before the distance agreement is concluded in what manner the general conditions can be viewed at the entrepreneur, and that upon the request of consumer they will be forwarded free of charges as soon as possible.
If the distance agreement is concluded, in derogation to the preceding section and before the distance agreement is concluded, the text of these general conditions will be provided to the consumer in such a manner that they can be easily stored by consumer on a durable information carrier. If such is not reasonably possible, it will be indicated before the distance agreement is concluded where the general conditions can be perused through electronic channels, and that upon request of the consumer they will be forwarded through electronic channels or in another manner free of charges.
In the event that besides these general conditions also specific product- or services conditions are applicable, the second and third section are correspondingly applicable and the consumer can in the event of contradictory conditions always appeal to the relevant clause which is more advantageous for him.
If an offer has a limited term of validity or takes place under conditions, such is emphatically stated in the offer.
The offer contains a complete and detailed description of the offered products, digital content and/or services. The description is sufficiently detailed to enable a proper evaluation of the offer on the part of the consumer. If the entrepreneur makes use of pictures, these are a faithful depiction as much as possible of the offered products, services and/or digital content. Apparent mistakes or apparent errors in the offer do not bind the entrepreneur.
Every offer contains such information that it is clear to the consumer what the rights and obligations are which are tied to acceptance of the offer.
The agreement is concluded, without prejudice to what is stipulated in section 4, at the moment of acceptance by the consumer of the offer and the fulfilment of the conditions laid out for this.
If the consumer has accepted the offer through electronic channels, the entrepreneur forthwith confirms the receipt of the acceptance of the offer through electronic channels. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can rescind the agreement.
If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organisational measures to secure the electronic transmission of data and procures a secure web environment. If the consumer can pay electronically, the entrepreneur can apply the appropriate security measures for this.
The entrepreneur can inform himself within legal limits as to whether the consumer is able to comply with his payment obligations, as well as of all such facts and factors as are of importance for the responsible conclusion of the distance agreement. If the entrepreneur has legitimate grounds pursuant to this investigation not to enter into the agreement, he has the right to refuse, in a substantiated manner, an order or application or to subject the implementation to special conditions.
The entrepreneur will forward, no later than upon delivery of the product, the service or digital content to the consumer, the following information, in writing or in such a manner that it can be stored by the consumer in an accessible way on a durable information carrier:
the visiting address of the branch of the entrepreneur where the consumer can address his complaints;
the conditions under and the manner in which the consumer can exercise his right of revocation, or otherwise a clear statement of the right of revocation being excluded;
information about guarantees and available service after purchase;
the price including all taxes of the product, service, or digital content; to the extent applicable, the costs of delivery; and the manner of payment, delivery or implementation of the distance agreement;
the requirements of cancellation of the agreement if the agreement has a duration of more than one year or is for an unlimited time;
if the consumer has the right of revocation, the model form for revocation.
In case of a continuing performance transaction, the clause in the preceding section only applies to the first delivery.
The consumer can rescind an agreement for the purchase of a product during a reflection period of at least 14 days without stating grounds. The entrepreneur may ask the consumer for the reason behind the revocation, but may not force him to state his grounds.
The reflection period mentioned in section 1 enters into effect on the day after the consumer, or a third party designated beforehand by the consumer but who is not the carrier, has received the product, or:
if the consumer has ordered several products on the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, on condition he has informed the consumer prior to the order process clearly, refuse an order of several products with varying delivery times.
if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
in case of agreements for the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
During the reflection period, the consumer will handle the product and the packaging with care. He will only unwrap or use the product to the extent necessary to determine the nature, the characteristics, and the functioning of the product. The principle here is that the consumer may only handle and inspect the product as he would be able to do at a store.
The consumer is only liable for such reduction of value of the product as is the result of a manner of handling the product which goes beyond what is permitted in section 1.
The consumer is not liable for the reduction of value of the product if the entrepreneur has not provided him with all legally mandatory information regarding the right of revocation before or upon the conclusion of the agreement.
If the consumer exercises his right of revocation, he reports such within the reflection period by way of the model form for revocation or in another unambiguous manner to the entrepreneur.
As soon as possible, though in any case within 14 days from the day following the report referred to in section 1, the consumer sends back the product, or he hands it over to (an authorised representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to pick up the product himself. The consumer has observed the return term in any case if he sends back the product before the reflection period has expired.
The consumer sends back the product including all delivered accessories, if reasonably possible in the original state and packaging, and in conformity with the reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of revocation lies with the consumer.
The consumer bears the direct costs of sending back the product.
If the entrepreneur enables the reporting of revocation by the consumer in an electronic manner, he sends a confirmation of receipt immediately after receiving this report.
The entrepreneur refunds all payments of the consumer forthwith though in any case within 14 days following the day on which the consumer reports the revocation to him. Unless the entrepreneur proposes to pick up the product himself, he may wait with refunding until he has received back the product or until the consumer proves that he has sent back the product, depending on which event occurs sooner.
For refunding, the entrepreneur uses the same means of payment which the consumer has used, unless the consumer agrees with another method. The refund is free of charges for the consumer.
If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the entrepreneur does not have to repay the additional costs for the more expensive method.
The entrepreneur can exclude the following products and services from the right of revocation, but only in the event the entrepreneur has stated such clearly in the offer, or at least timely before conclusion of the agreement:
Products which are cut for the consumer at the length of the order. Electric cable, conduits, etc., electric goods which were mounted, or which show minimal traces of mounting, such as voltage regulators, dynamos, starter motors, etc., sealed products such as books, products or services the price of which is tied to fluctuations on the financial markets over which the entrepreneur has no control and which may occur within the revocation term;
Service agreements, after full implementation of the service, but only if:
the implementation has started with the emphatic prior consent of the consumer; and
the consumer has stated that he will lose his right of revocation as soon as the entrepreneur has fully implemented the agreement.
During the validity term indicated in the offer, the prices of the proposed products and/or services are not increased, barring price changes as a consequence of changes to VAT rates.
In derogation to the preceding section, the entrepreneur can offer products or services the prices of which are tied to fluctuations on the financial markets and over which the entrepreneur exercises no control, at variable prices. This being subject to fluctuations and the fact that such prices as may be listed are target prices, is specified in the offer.
The entrepreneur guarantees that the products and/or services are compliant with the agreement, with the specifications indicated in the offer, with the reasonable requirements of soundness and/or usability, as well as with the legal provisions and government regulations existent at the moment of the date of adoption of the agreement. If so agreed, the entrepreneur also guarantees that the product is suitable for usage other than normal use.
An extra guarantee provided by the entrepreneur, his supplier, manufacturer, or importer never limits the legal rights and claims which the consumer may bring to bear vis-à-vis the entrepreneur if the entrepreneur has fallen short in complying with his part of the agreement.
By extra guarantee is intended any undertaking of the entrepreneur, his supplier, importer, or manufacturer in which he grants the consumer certain rights or claims which go beyond what he is legally obliged to do in the event he has fallen short of complying with his part of the agreement.
The entrepreneur will observe the greatest possible diligence upon receiving and implementing orders of products and upon evaluating applications for the provision of services.
As place of delivery counts the address which the consumer has communicated to the entrepreneur.
With due regard for what is stipulated in article 4 of these general conditions, the entrepreneur will carry out accepted orders with due speed though no later than within 30 days, unless another delivery term has been established. If delivery encounters delays, or if an order cannot or can only partly be carried out, the consumer receives a notification of this no later than 30 days after he has placed the order. The consumer has the right in such case to rescind the agreement free of charges.
After rescission in conformity with the preceding section, the entrepreneur will refund the amount which the consumer has paid forthwith.
The risk of damaging and/or going missing of products lies with the entrepreneur until the moment of delivery to the consumer or to a representative designated beforehand and identified to the entrepreneur, unless emphatically established otherwise. Orders from € 1,000.00 are delivered to you free of charges. This is exclusive of the islands ‘Waddeneilanden’, for which a surcharge is applied which may vary per shipment.
To the extent it has not been established otherwise in the agreement or additional conditions, the amounts owed by the consumer must be settled within 14 days after entry into effect of the reflection period, or in case of the absence of a reflection period within 14 days after conclusion of the agreement. In case of an agreement for the provision of a service, this term commences on the day after the consumer has received confirmation of the agreement. In case advance payment has been stipulated, the consumer can exercise no right whatsoever regarding the implementation of the relevant order or service(s) before the stipulated advance payment has taken place. Delivery with payment afterwards always takes place under retention of property, that is, whereby the delivered goods only become the property of the consumer after payment of the entire sum.
The consumer is under the obligation to report inaccuracies in the provided or indicated payment details forthwith to the entrepreneur.
If the consumer does not timely comply with his payment obligation(s), and after the entrepreneur has pointed out to him the late payment, granting him a 14-day term to still fulfil his payment obligations, the consumer owes, in case payment has still failed to occur after expiry of this 14-day term, the statutory interest over the amount still owed and the entrepreneur has the right to bill the extrajudicial collection costs he has incurred. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500; 10% over the following € 2,500, and 5% over the following € 5,000, with a minimum of € 40. The entrepreneur may deviate from the listed amounts and rates to the advantage of the consumer.
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted, fully and clearly described, to the entrepreneur within a reasonable period after the consumer has noted the defects.
Complaints submitted to the entrepreneur are answered within a 14-day term, counted from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur sends an answer within the 14-day term stating receipt as well as an indication of when the consumer can expect a more elaborate answer.
The consumer must grant the entrepreneur in any case 4 weeks’ time to resolve the complaint through mutual consultation. After this term, a dispute arises which is eligible for the complaints arrangement.
To agreements between the entrepreneur and the consumer which these general conditions are in reference to, Netherlands legislation is exclusively applicable.
Clauses in supplement to or deviating from these general conditions may not be to the disadvantage of the consumer and must be established in writing or otherwise in such a manner that they can be stored by the consumer in an accessible way on a durable information.
(only fill out and send back this form in case you wish to revoke the agreement)
To: [ name entrepreneur]
[ geographical address of entrepreneur]
[ fax number entrepreneur, if available]
[ e-mail address or electronic address of entrepreneur]
I/We* am/are* hereby informing you that I/we wish to revoke* out agreement regarding the sale of the following products: [designation product]*
the delivery of the following digital content: [designation digital content]*
the implementation of the following service: [designation service]*,
Ordered on*/received on* [date order for services or of receipt for products]
[Signature consumer(s)] (only in case this form is submitted as a hard copy)
* Cross out where not applicable or fill out as applicable