Terms of Service
Article 1 – Definitions
Article 2 – Identity of the company
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the cooling off period
Article 8 – Exercise of the right of withdrawal by the consumer and the related costs
Article 9 – Obligations of the company in case of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Compliance and additional guarantee
Article 13 – Delivery and performance
Article 14 – Subscriptions: term, cancellation and renewal
Article 15 – payment
Article 16 – Complaints Procedure
Article 17 – Disputes
Article 18 – Collateral or Deviating Agreements
Article 1 - Definitions
In these conditions, the following terms have the following meanings:
1. Side agreement: an agreement under which the consumer purchases products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services dated dealer or by a third party on the basis of an agreement between that third party and the dealer;
2. Cooling-off period: the period within which the consumer can exercise his right of cancellation;
3. Consumer: the natural person who is not acting for purposes related to a trade, business, craft or profession;
4th day: calendar day;
5. Digital Content: data produced and delivered in digital form;
6. Subscription: an agreement extending to the regular delivery of goods, services and/or digital content during a specified period;
7. Durable medium: any means - including email - that enables the consumer or trader to store information addressed to them personally in such a way that it can be used in the future for a period of time tailored to the purpose for which the information is collected intended, can be consulted or used, and which allows the information stored to be reproduced unaltered;
8. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
9. Entrepreneur: a natural or legal person who offers products, (access to) digital content and/or services to the consumer for a distance sale organized distribution or service system.
10. Distance contract: a contract concluded between the trader and the consumer as part of an organized system for the distance sale of products, digital content and/or services, using one or more distance transmission techniques exclusively or partially up to the time of the conclusion of the contract will;
11. Model cancellation form: the European model cancellation form in Appendix I of these Terms;
12. Technology of distance communication: is the means that can be used to conclude an agreement without the need for the consumer and the professional to be in one place at the same time.
Article 3 – Applicability
1. These general terms and conditions apply to all offers from the entrepreneur and to all distance contracts between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not possible, before the distance contract is concluded, the entrepreneur must indicate how the general terms and conditions can be inspected at the entrepreneur's office and that they will be sent free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, then contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically in such a way that the consumer can easily be stored on a durable medium. If this is not possible before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge, electronically or otherwise, at the consumer's request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 apply mutatis mutandis and in the event of conflicting conditions, the consumer can always invoke the provision most favorable to him.
Article 4 – The offer
1. If an offer has a limited period of validity or is subject to conditions, this will be expressly mentioned in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description must be detailed enough to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a true representation of the products, services and / or digital content. Obvious errors or misprints in the offer do not bind the entrepreneur.
3. Each offer contains such information that the consumer is aware of the rights and obligations associated with accepting the offer.
Article 5 – The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the time the consumer accepts the offer and complies with the conditions attached.
2. If the consumer has accepted the offer electronically, the trader will immediately electronically confirm receipt of acceptance of the offer. As long as this acceptance has not been confirmed by the entrepreneur, the consumer can withdraw from the contract.
3. If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure electronic data transmission and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can, within the limits of the law, find out whether the consumer can meet his payment obligations, as well as all the facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this research, the entrepreneur has valid reasons not to conclude the agreement, he is entitled to refuse an order or request or to impose special conditions for the execution of the order or request, stating the reasons.
5. The entrepreneur must provide the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable medium, at the latest when the product, service or digital content is delivered to the consumer:
a.Visiting address of the entrepreneur's office where the consumer can lodge complaints;
b. conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement on the exclusion of the right of withdrawal;
c. information, guarantees and after-sales service;
i.e. price including all taxes on the product, service or digital content; where applicable, the cost of delivery; and the manner of payment, delivery or performance of the distance contract;
e. requirements for terminating the contract if the contract has a term of more than one year or is open-ended;
f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of subscriptions, the provision in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal
1. The consumer can dissolve a contract for the purchase of a product during a reflection period (withdrawal) of at least 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for the withdrawal, but does not oblige the consumer to state his reasons.
2. The cooling-off period referred to in paragraph 1 begins on the day after the consumer or a third party other than the carrier and previously designated by the consumer has received the product, or:
a. if the consumer has ordered several products in the same order: the day on which the consumer or a third party designated by him received the last product. The entrepreneur may, provided that he has clearly informed the consumer before the ordering process, refuse an order for several products with different delivery times.
b. 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 received the last delivery or part;
c. for contracts for the regular delivery of products over a certain period of time: the day on which the consumer or a third party designated by him received the first product.
For services and digital content not provided on a tangible medium:
3. The consumer may terminate a service contract and a contract for the supply of digital content that is not provided on a tangible medium for at least 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for the withdrawal, but does not oblige the consumer to state his reasons.
4. The cancellation period referred to in paragraph 3 begins on the day after the conclusion of the contract.
Extended withdrawal period for products, services and digital content that is not supplied on a material carrier if no information is provided about the right of withdrawal:
5. Has the entrepreneur failed to provide the consumer with the legally required information on the right of withdrawal or the model form for withdrawal , the cooling-off period ends twelve months after the end of the initial cooling-off period determined in accordance with paragraphs 1 and 2 of this article.
6. If the entrepreneur has provided the consumer with the information referred to in paragraph 1 within twelve months after the original cooling-off period came into effect, the cooling-off period ends 14 days after the day on which the consumer received this information.
Article 7 – Consumer's obligations during the cooling- off period
1. During the cooling-off period, the consumer will treat the product and its packaging with care. He may only unpack or use the product to the extent necessary to determine the nature, properties and function of the product. The basic principle is that the consumer can only handle and examine the product as he is allowed to do in a shop.
2. The consumer is only liable for the depreciation of the product resulting from a way of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the time of concluding the contract.
Article 8 – Exercising the right of withdrawal by the consumer and the associated costs 1. If the consumer exercises his right of withdrawal, he must notify the entrepreneur within the cooling-off period using the model withdrawal form or in another clear manner.
2. The consumer returns the product or hands it over to the (an authorized representative of) the entrepreneur as soon as possible, but within 14 days from the day after the notification referred to in paragraph 1. This is not necessary if the entrepreneur has offered to collect the product himself. In any case, the consumer has complied with the return period if he returns the product before the end of the cooling-off period.
3. The consumer returns the product with all the accessories supplied, if possible in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not indicated that the consumer should bear these costs, or if the entrepreneur has indicated that he should bear these costs himself, the consumer does not have to bear the costs of the return.
6. If the consumer withdraws after having previously expressly requested that the provision of the service or the supply of gas, water or electricity which is not made available for sale in a limited volume or in a certain quantity begins during the cooling-off period , the consumer owes the entrepreneur an amount that is proportionate to the part of the obligation that the owner has fulfilled at the time of withdrawal compared to the full fulfillment of the obligation.
7. The consumer does not bear any costs for the provision of services or the supply of water, gas or electricity that is not made available for sale in a limited volume or in limited quantity, 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, reimbursement of costs in the event of withdrawal or the model withdrawal form, or
b. the consumer has not expressly requested the start of the service or the delivery of gas, water, electricity or district heating during the cooling-off period.
8. The consumer does not bear any costs for the total or partial delivery of digital content that is not provided on a tangible medium if:
a. prior to the delivery of the content, he has not expressly agreed to commence performance of the contract before the expiry of the cooling-off period;
b. he has not recognized the right to lose his right of withdrawal when giving his consent; or
c. the trader has not confirmed this declaration by the consumer.
9. If the consumer makes use of his right of withdrawal, all ancillary agreements are terminated by operation of law.
Article 9 - Obligations of the entrepreneur in the event of withdrawal
1. If the entrepreneur makes the consumer's declaration of withdrawal electronically possible, he will immediately send an acknowledgment of receipt after receiving this notification.
2. The entrepreneur must reimburse all payments made by the consumer, including the shipping costs charged by the entrepreneur for the returned goods, immediately, but no later than 14 days after the day on which the consumer informs him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he can wait with the reimbursement until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.
3. The entrepreneur uses the same means of payment as the consumer for repayment, unless the consumer agrees to a different method. The refund is free for the consumer.
4. If the consumer has opted for a more expensive shipping method than the cheapest standard delivery, the retailer does not have to reimburse the additional costs for the more expensive shipping method.
Article 10 – Exclusion of the right of withdrawal
The trader can exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this when making the offer or at least in good time before the conclusion of the contract:
1. Products or services whose price fluctuates on the financial market over which the Owner has no control and which may occur within the Cooling Off Period;
2. Agreements that came about at public auctions. A public auction is a method of sale in which the entrepreneur offers products, digital content and/or services to the consumer who is present or is given the opportunity to be present under the supervision of an auctioneer, and in which the successful bidder is obliged to purchase the Products, Digital Content and/or Services;
3. Service contracts, after the service has been fully performed, but only if:
a. the execution has started with the express prior consent of the consumer; and
b. the consumer has declared that he will lose his right of withdrawal once the trader has fully performed the agreement;
4. Package tours according to section 7:500 of the Dutch Civil Code and passenger transport contracts;
5. Service contracts for the provision of accommodation if the contract provides for a specific date or period of execution and not for residential purposes, freight transport, car rental and catering;
6. Agreements on leisure activities if the agreement provides for a specific time or a specific period of time;
7. Products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person.
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products that are not suitable for return for reasons of health protection or hygiene and the seal of which has been broken after delivery;
10. Products which, due to their nature, are irrevocably mixed with other products after delivery;
11. Alcoholic beverages, for which the price was agreed at the time the contract was concluded, but the delivery of which can only take place after 30 days and the actual value of which depends on fluctuations in the market over which the Holder has no influence;
12. Sealed audio, video recordings and computer software whose seal has been broken after delivery;
13. Newspapers, periodicals or periodicals, excluding subscriptions thereto;
14. the provision of digital content that does not take place on a physical medium, but only if:
a. the performance has started with the express prior consent of the consumer; and b. the consumer has declared that he loses his right of withdrawal as a result.
Article 11 - The price
1. During the validity period specified in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services, the prices of which are subject to fluctuations on the financial market and over which the entrepreneur has no control, at variable prices. These fluctuations and the fact that the prices mentioned are guide prices are mentioned in the offer.
3. Price increases within 3 months after the conclusion of the contract are only permitted if they are due to legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has specified this and:
a. they result from legal regulations or regulations; or
b. the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
Article 12 – Compliance with the terms of the contract and additional guarantee
1. The entrepreneur guarantees that the products and / or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and / or practicality and the date of the conclusion of the contract existing legal provisions and / or comply with official regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An additional guarantee from the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the trader on the basis of the contract if the trader has failed to fulfill his part of the contract.
3. An additional guarantee means any obligation of the entrepreneur, his supplier, importer or producer by which he grants the consumer certain rights or claims that go beyond what he is legally obliged to if he has failed to fulfill his part of the contract .
Article 13 – Delivery and performance
1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when examining requests for the provision of services.
2. The place of delivery is the address that the consumer has given to the entrepreneur.
3. With due observance of the provisions of article 4 of these general terms and conditions, the entrepreneur must execute accepted orders without undue delay, but no later than within 30 days, unless another delivery period has been agreed. If the delivery is delayed or if an order is not or only partially executed, the consumer will be informed no later than 30 days after the order was placed. In this case, the consumer has the right to dissolve the contract free of charge and is entitled to compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
5. The entrepreneur bears the risk of damage and / or loss of products up to the moment of delivery to the consumer or a previously named and announced representative of the entrepreneur, unless expressly agreed otherwise.
6. You will receive your package within 2-5 business days of payment via DHL First Class Mail.
Article 14 - Subscriptions: term, termination and renewal
1. The consumer may at any time terminate an open-ended contract concluded for the regular supply of products (including electricity) or services, subject to the agreed termination rules and a notice period that a month does not exceed.
2. The consumer may at any time terminate a fixed-term contract concluded for the regular delivery of products (including electricity) or services at the end of the fixed-term, subject to the agreed termination rules and a notice period not exceeding one month.
3. The consumer can use the contracts referred to in the previous paragraphs:
– terminate at any time and not be limited to termination at a specific time or within a specific period;
– terminate at least in the same way as they were contracted by him;
– always terminate with the same notice period that the entrepreneur himself has set.
4. A fixed-term contract entered into for the regular delivery of products (including electricity) or services cannot be tacitly renewed or extended for a specific period.
5. Notwithstanding the previous paragraph, a fixed-term contract concluded for the regular delivery of daily or weekly newspapers or magazines may be tacitly extended for a fixed term of no more than three months if the consumer terminates this extended contract at the end of the extension with a notice of no more than one month.
6. A fixed-term contract concluded for the regular delivery of products or services can only be tacitly renewed for an indefinite period if the consumer has the right to terminate at any time, with a notice period not exceeding one month. The notice period may not exceed three months if the agreement provides for the regular, but less than monthly, delivery of daily, news and weekly newspapers and magazines.
7. A fixed-term contract for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period. Duration:
8. If a contract has a duration of more than one year, the consumer can terminate the contract after one year at any time with a notice period of up to one month, unless reasonableness and fairness would preclude termination before the end of the agreed period.
Article 15 - Payment
1. Unless otherwise provided in the contract or additional conditions, the amounts owed by the consumer should be paid within 14 days after the start of the cooling-off period or, if there is no cooling-off period, within 14 days after the conclusion of the contract. In the case of a service contract, this period begins on the day after the consumer has received the confirmation of the contract.
2. When selling products to consumers, the consumer can never be obliged to pay more than 50% in advance. If prepayment has been agreed, the consumer cannot assert any rights regarding the execution of the order or service(s) before the agreed prepayment has been made.
3. The consumer is obliged to immediately report inaccuracies in the payment data that he has provided or communicated to the entrepreneur.
4. If the consumer does not meet his payment obligations on time, he owes statutory interest on the outstanding amount after the owner has informed him of the default in payment and the owner has given the consumer a period of 14 days to still meet his payment obligations after he has not paid within this period and the owner is entitled to charge the extrajudicial collection costs incurred by him. These collection costs are a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500 and 5% on the next €5,000, with a minimum of €40. The entrepreneur can deviate from the stated amounts and percentages to the benefit of the consumer.
Article 16 – Complaints procedure
1. The entrepreneur has a well-known complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the contract must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.
3. Complaints addressed to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the period of 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement within a reasonable period of time or within 3 months from the filing of the complaint, a dispute arises, which is subject to the dispute settlement.
Article 17 – Disputes
1. Agreements between the trader and the consumer to which these general terms and conditions apply are exclusively governed by UK law.
Article 18 - Side agreements
or derogations Side agreements or derogations from these general terms and conditions must not be to the detriment of the consumer and must be in writing or recorded in such a way that they can be accessed by the consumer and stored on a durable medium.