General terms and conditions

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Contents

Article 1 - Definitions
Article 2 - Identity of the economic operator
Article 3 - Applicability
Article 4 - The offer
Article 5 - The Agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of revocation
Article 8 - Exclusion of right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or different provisions

Article 1 - Definitions

For the purposes of these terms and conditions:

  1. Time for reflection: the period within which the consumer may exercise his right of withdrawal;
  2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
  3. Bye: calendar day;
  4. Duration transaction: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
  5. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
  6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
  7. Model form: the model withdrawal form provided by the trader that a consumer can fill in if he wishes to exercise his right of withdrawal.
  8. Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
  9. Remote agreement: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and / or services, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication;
  10. Technology for remote communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur being in the same room at the same time.
  11. General terms and conditions: the present General Terms and Conditions of the Entrepreneur.

Article 2 - Identity of the economic operator

Dutch Water Tech;
Poortweg 1
4613BW Bergen op Zoom

Telephone number: 0624249428
E-mail address: [email protected]
Chamber of Commerce number: 20166033
BTW-identificatienummer: NL821841142B01

Article 3 - Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders between entrepreneur and consumer.
  2. Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the terms and conditions can be viewed by the entrepreneur and they will be sent to the consumer as soon as possible free of charge 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 terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably 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 electronically or otherwise free of charge at the consumer's request.
  4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting general terms and conditions.
  5. If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or nullified, the agreement and these terms and conditions shall otherwise remain in force and the provision in question shall be replaced immediately by a provision that approximates the purport of the original as closely as possible.
  6. Situations that are not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
  7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions, should be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer is non-binding. The entrepreneur is entitled to change and modify the offer.
  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
  4. All images, specifications and information contained in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
  5. Product images are a true representation of the products offered. Entrepreneur cannot guarantee that the colours shown correspond exactly with the real colours of the products.
  6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
    • the price including taxes;
    • any shipping costs;
    • the manner in which the agreement will be concluded and what actions will be necessary for that purpose;
    • whether or not the right of withdrawal applies;
    • the method of payment, delivery and execution of the agreement;
    • the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
    • the amount of the tariff for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic tariff for the means of communication used;
    • whether the contract will be archived after its conclusion, and if so, on which it can be consulted by the consumer;
    • the way in which the consumer, prior to the conclusion of the agreement, can check the data provided by him within the framework of the agreement and, if desired, rectify it;
    • any other languages in which, in addition to Dutch, the agreement may be concluded;
    • the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
    • the minimum duration of the distance contract in the case of an endurance transaction.

Article 5 - The Agreement

  1. The agreement is, subject to the provisions of paragraph 4, concluded at the time of acceptance by the consumer of the offer and compliance with the conditions set.
  2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the agreement of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
  4. The entrepreneur can - within the legal framework - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the operator has good grounds not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.
  5. The Entrepreneur will include the following information with the product or service to the Consumer, in writing or in such a way that the Consumer can store it in an accessible manner on a durable medium:
    • the visiting address of the establishment of the entrepreneur to which the consumer can turn with complaints;
    • the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
    • information on warranties and existing after-sales service;
    • the data included in Article 4 paragraph 3 of these terms and conditions, unless the trader has already provided the consumer with these data prior to the execution of the agreement;
    • the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.
  6. In the case of an enduring transaction, the provision of the previous paragraph shall only apply to the first delivery.
  7. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

On delivery of products:

  1. When purchasing products, the consumer has the option of dissolving the contract without giving reasons for a period of 14 days. This cooling off period commences on the day after receipt of the product by the consumer or a representative appointed by the consumer in advance and made known to the entrepreneur.
  2. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories 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.
  3. If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of the model form. After the consumer has made it known that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of dispatch. 
  4. If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not made it known that he wishes to exercise his right of withdrawal or has not returned the product to the Entrepreneur, the sale is a fact.

In case of delivery of services:

  1. When providing services, the consumer has the option of dissolving the contract without giving any reason to dissolve for at least 14 days, commencing on the day of entering into the agreement.
  2. In order to exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader in the offer and / or at the latest at the time of delivery.

Article 7 - Costs in case of revocation

  1. If the consumer makes use of his right of withdrawal, at most the costs of returning the goods shall be borne by him.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after withdrawal. This is subject to the condition that the product has already been received back by the merchant or conclusive proof of complete return can be provided. Reimbursement will be made via the same payment method used by the consumer unless the consumer expressly consents to another payment method.
  3. In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any reduction in value of the product.
  4. The consumer cannot be held liable for any reduction in the value of the product if the trader has not provided all the legally required information about the right of withdrawal, this must be done before concluding the purchase contract.

Article 8 - Exclusion of right of withdrawal

  1. The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least in good time before concluding the contract.
  2. Exclusion of the right of withdrawal is only possible for products:
    • made by the entrepreneur in accordance with the consumer's specifications;
    • that are clearly personal in nature;
    • which, by their nature, cannot be returned;
    • that can spoil or age quickly;
    • the price of which is linked to fluctuations in the financial market over which the entrepreneur has no influence;
    • for individual newspapers and magazines;
    • for audio and video recordings and computer software the seal of which has been tampered with by the consumer;
    • for hygienic products of which the consumer has broken the seal.
  3. Exclusion of the right of withdrawal is only possible for services:
    • concerning accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specific period;
    • of which the delivery has started with the express consent of the consumer before the expiration of the cooling-off period;
    • on betting and lotteries.

Article 9 - The price

  1. During the period of validity stated 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 may offer products or services whose prices are subject to fluctuations in the financial market and on which the entrepreneur has no influence, with variable prices. These fluctuations and the fact that any listed prices are target prices, are mentioned in the offer. 
  3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and: 
    • they are the result of statutory regulations or provisions; or
    • the consumer has the right to terminate the contract as of the day on which the price increase takes effect.
  5. The prices mentioned in the offer of products or services are inclusive of VAT.
  6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the wrong price. 

Article 10 - Conformity and warranty

  1. The entrepreneur guarantees that the products and / or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer under the agreement can assert against the entrepreneur.
  3. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 2 months after delivery. Return of the products must be in the original packaging and in new condition.
  4. 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 each individual application by the consumer, nor for any advice regarding the use or application of the products.
  5. The guarantee does not apply if:
    • the consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
    • the delivered products have been exposed to abnormal conditions or are otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
    • the defect is wholly or partly the result of regulations which the government has imposed or will impose with regard to the nature or the quality of the materials used.

Article 11 - Delivery and execution

  1. The entrepreneur will take the greatest possible care in receiving and executing orders of products and in assessing applications for the provision of services.
  2. The place of delivery shall be the address that the consumer has given to the company.
  3. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order can not or only partially be carried out, the consumer will receive notice of this at the latest 30 days after he placed the order. In that case, the consumer has the right to dissolve the contract free of charge. The consumer has no right to compensation. 
  4. All delivery times are indicative. The consumer cannot derive any rights from any of these terms. Exceeding a term does not entitle the consumer to compensation.
  5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
  6. If delivery of an ordered product turns out to be impossible, the entrepreneur will make every effort to make a replacement article available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article will be delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
  7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously appointed and announced representative, unless expressly agreed otherwise.

Article 12 - Duration transactions: duration, termination and renewal

Termination

  1. The consumer may contract for an indefinite period of time and that extends to the regular delivery of products (including electricity) or services, terminate at any time subject to agreed termination rules and a notice of up to one month.
  2. The consumer may contract for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the definite period terminate, subject to agreed termination rules and a notice of up to one month.
  3. The consumer may conclude the contracts referred to in the previous paragraphs:
    • terminate at any time and not be limited to termination at a specific time or in a specific period of time;
    • at least denounce them in the same way as they were entered into by him;
    • always terminate with the same notice as the entrepreneur has stipulated for himself.

Renewal

  1. A contract entered into for a definite period of time for the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a definite period of time.
  2. Contrary to the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer at the end of the extension may terminate the contract with a notice of up to one month.
  3. A fixed-term contract that has been concluded for the regular delivery of products or services may only be tacitly renewed for an indefinite period of time if the consumer may at any time terminate with a notice of up to one month and a notice of up to three months if the contract is intended to regularly, but less than once a month, deliver daily, news and weekly newspapers and magazines.
  4. An agreement with a limited duration for the regular delivery of daily newspapers, news and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will end automatically at the end of the trial or introductory period.

Duration

  1. If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice of up to one month, unless the reasonableness and fairness opposes termination before the end of the agreed term.

Article 13 - Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
  2. The consumer has the duty to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.
  3. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs incurred in advance.

Article 14 - Complaints procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the implementation of the agreement must be fully and clearly described within 2 months be submitted to the entrepreneur, after the consumer has found the defects.
  3. Complaints submitted 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 answer within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.
  5. In case of complaints, a consumer should first of all turn to the entrepreneur. If the online store is affiliated with Stichting WebwinkelKeur and complaints that cannot be resolved in mutual consultation, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), it will mediate free of charge. Check if this webshop has a running membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution has not yet been reached, the consumer has the possibility to have his complaint dealt with by the independent arbitration committee appointed by Stichting WebwinkelKeur, the decision is binding and both entrepreneur and consumer agree to this binding decision. Submitting a dispute to this dispute committee is associated with costs that must be paid by the consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
  6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
  7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

  1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply, are exclusively governed by Dutch law. Even if the consumer resides abroad.
  2. The Vienna Convention on Contracts for the International Sale of Goods does not apply.

Article 16 - Additional or different provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the consumer's detriment 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.

Terms and conditions

Emec Webshop is part of Dutch Water Tech BV.
 

Index

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The sacrifice
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, cancellation and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions
 
 

Article 1 - Definitions

In these conditions, the following definitions apply:
 
  • Reflection period: the period in which the consumer can make use of his right of withdrawal;
  • Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur;
  • Daycalendar day;
  • Duration of transaction: a distance contract relating to a series of products and / or services, of which the delivery and / or purchase obligation is spread over time;
  • Durable mediumany means that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that makes future consultation and unaltered reproduction of the stored information possible.
  • Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
  • Model form: the model form for withdrawal that the entrepreneur provides that a consumer can fill in when he wants to make use of his right of withdrawal.
  • Entrepreneur: the natural or statutory person who offers products and / or services to consumers at a distance;
  • Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and / or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
  • Technique for distance communicationmeans that can be used for concluding a contract, without the consumer and entrepreneur being in the same room at the same time.
  • Terms and ConditionsThe present General Terms and Conditions of the entrepreneur.
 

Article 2 - Identity of the entrepreneur

Dutch Water Tech
Poortweg 1
4613 BW Bergen op Zoom
 
Telephone number: 0624249428
Mail address: [email protected]
CoC number: 20166033
VAT number: NL821841142B01
 
 

Article 3 - Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders between entrepreneur and consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
  3. If the distance contract is concluded electronically, by derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that at the request of the consumer they will be sent free of charge by electronic means or otherwise.
  4. In case the specific product or service conditions 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 general terms and conditions always invoke the applicable provision that is most favorable to him.
  5. If one or more provisions in these general terms and conditions at any time are wholly or partially void or destroyed, then the contract and these conditions remain intact and the concerning stipulation will be replaced by a provision that the intention of the original approaches as much as possible.
  6. Situations that are not regulated in these general terms and conditions must be assessed 'to the spirit' of these general terms and conditions.
  7. Obscurities about the explanation or content of one or more provisions of our terms and conditions, should be explained 'to the spirit' of these terms and conditions.
 

Article 4 - The sacrifice

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
  2. The sacrifice is without obligations. The entrepreneur is entitled to amend and adjust the offer.
  3. The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to make a proper assessment of the offer possible by the consumer. If the entrepreneur uses images, these are a true reflection of the offered products and / or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  4. All images, specifications and information in the offer are indicative and can not lead to compensation or dissolution of the contract.
  5. Products with images are a true reflection of the products offered. Entrepreneur can not guarantee that the displayed colors exactly match the real colors of the products.
  6. Each offer contains such information that is clear to the consumer on what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

    •  the price including taxes;
    •  the possible costs of shipping;
    •  the way in which the contract will be concluded, and which acts are necessary for this;
    •  whether or not the right of withdrawal applies;
    •  the method of payment, delivery and execution of the contract;
    •  the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
    •  the amount of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic tariff for the used means of communication
    •  whether the agreement is filed after the conclusion and, if so, how it can be consulted by the consumer;
    •  the way in which the consumer, prior to concluding the contract, can check the data provided by him under the contract and repair it if necessary;
    •  any other languages in which, in addition to Dutch, the contract can be concluded;
    •  the codes of conduct to which the entrepreneur has subjected himself and the way in which the consumer can consult these codes of conduct electronically; and
    •  the minimum duration of the distance contract in case of a duration of transaction.
    •  Optional: available sizes, colours, type of materials. 

 

Article 5 - The contract 

  1. The contract is, without prejudice to the provisions of paragraph 4, concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
  3. If the contract is concluded electronically, the entrepreneur will take appropriate technical measures and organisational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
  4. The entrepreneur can - within the legal frameworks - inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur based on this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request, and he is entitled to attach special conditions to the execution.
  5. The entrepreneur will send 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 business location of the entrepreneur where the consumer can go to with complaints;
    • the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    • the information about guarantees and the existing service after purchase;
    • the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the contract;
    • the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite.
  6. In case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
  7. Each contract is concluded under the suspensive conditions of sufficient availability of the products concerned.
 

Article 6 - Right of withdrawal

When delivering products:
  1. When purchasing products, the consumer has the option to terminate the contract without giving any reasons within 14 days. This reflection period commences on the day following the receipt of the product by the consumer or a representative who is predesignated by the consumer and who is announced to the entrepreneur.
  2. During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent that is necessary to assess whether he wishes to keep the product or not. If he makes use of his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  3. When the consumer wishes to make use of his right of withdrawal, he is obliged to announce this to the entrepreneur within 14 days after the receipt of the product. The consumer must announce this by means of the model form. After the consumer has announced that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment.
  4. If the customer has not announced that he wishes to make use of his right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3, or the consumer has not returned the product to the entrepreneur, the purchase is a fact.

When delivering services:

  1. When providing services, the consumer has the option to terminate the contract without giving any reasons for at least 14 days, starting on the day of concluding the contract.
  2. In order to make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and / or at the latest upon delivery.
 
 

Article 7 - Costs in case of withdrawal

  1. If the consumer makes use of his right of withdrawal, the consumer will bear the costs of returning the goods.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible but no later than 14 days after the cancellation. However, the condition is that the product has already been received by the merchant or that conclusive proof of the complete return can be submitted. Repayment will be made via the same payment method used by the consumer, unless the consumer explicitly authorizes another payment method.
  3. In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for the depreciation of the product.
  4. The consumer can not be held liable for the depreciation of the product if the entrepreneur does not provide all legally required information about the right of withdrawal, this should be done before the conclusion of the sales contract.
 
 

Article 8 - Exclusion of right of withdrawal 

  1. The entrepreneur can exclude the right of withdrawal of the consumer for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.
  2. Exclusion of the right of withdrawal is only possible for products:
    1. that have been created by the entrepreneur in accordance with the specifications of the consumer;
    2. that are clearly personal in nature;
    3. which can't be returned due to their nature;
    4. that can spoil or age quickly;
    5. of which the price is subject to fluctuations in the financial market on which the entrepreneur has no influence;
    6. for loose newspapers and magazines;
    7. for audio and video recordings and computer software of which the consumer has broken the seal.
    8. for hygienic products of which the consumer has broken the seal.
  3. Exclusion of the right of withdrawal is only possible for services:
    1. regarding accommodation, transport, restaurant services or to perform leisure activities on a certain date or during a certain period;
    2. of which the delivery commenced with the express consent of the consumer before the reflection period has expired;
    3. regarding bets and lotteries.
 

Article 9 - The price 

  1. During the period mentioned in the offer, the prices of the offered products and / or services 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 with variable prices, in case of prices that are subject to fluctuations in the financial market and on which the entrepreneur has no influence. This link to fluctuations and the fact that any mentioned prices are target prices are mentioned in the offer.
  3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
    1. they are the result of statutory regulations or stipulations; or
    2. the consumer has the authority to terminate the contract with effect from the day on which the price increase starts.
  5. The prices mentioned in the offer of products or services include VAT.
  6. All prices are subject to printing errors. No liability is accepted for the consequences of printing errors. In case of printing errors, the entrepreneur is not obliged to deliver the product at the mistaken price.
 

Article 10 - Conformity and Warranty

  1. The entrepreneur guarantees that the products and / or services comply with the contract, the specifications stated in the offer, the reasonable requirements of virtue and / or usability and the existing statutory provisions and / or government regulations on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A warranty provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur on the basis of the contract.
  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Return of the products must be in the original packaging and in a new condition.
  4. The warranty term of the entrepreneur is consistent with the warranty term of the manufacturer. The entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
  5. The warranty does not apply if:
    • The consumer has repaired the delivered products himself and / or processed or if the consumer has it repaired and / or processed by third parties;
    • The delivered products are exposed to abnormal conditions or otherwise careless handling or contrary to the instructions of the entrepreneur and / or are handled on the packaging;
    • The defect in whole or in part is the result of regulations that the government has made or will make regarding the nature or the quality of the materials used.
 

Article 11 - Delivery and execution

  1. The entrepreneur will take the most possible care when receiving and executing orders of products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has announced to the company.
  3. With due regard for the provisions in paragraph 4 of this article, the company will execute accepted orders expeditiously but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive a notification of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without any costs. The consumer is not entitled to a compensation.
  4. All delivery terms are indicative. The consumer can not derive any rights from any periods mentioned. Exceeding a term does not entitle the consumer to a compensation.
  5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 14 days after termination.
  6. If the delivery of an ordered product appears to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items, the right of withdrawal can not be excluded. The costs of any return shipment will be borne by the entrepreneur.
  7. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a predesignated representative that is announced to the entrepreneur, unless expressly agreed otherwise.
 
 

Article 12 - Duration of transactions: duration, cancellation and extension

Cancellation
  1. The consumer can terminate a contract that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due regard for the agreed cancellation rules and a period of notice of up to one month.
  2. The consumer can terminate a contract that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the stipulated term, with due regard for the agreed cancellation rules and a period of notice of at most one month.
  3. The consumer may, in the agreements that are mentioned in the previous paragraphs:
    • cancel at any time and not be limited to termination at a specific time or in a given period;
    • at least cancel in the same way as they were entered into by him;
    • always cancel with the same period of notice as the entrepreneur has stipulated for himself.
Extension
  1. A contract that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a fixed term.
  2. Contrary to the previous paragraph, a contract that has been concluded for a definite period and which extends to the regular delivery of daily papers, newspapers and magazines may be tacitly extended for a fixed term of a maximum of three months, if the consumer can cancel this extended contract before the end of the extension with a period of notice of no more than one month.
  3. A contract that has been concluded for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a period of notice of no more than one month and a period of notice of at most three months in case the contract extends to the regular, but less than once a month, delivery of daily papers, newspapers and magazines.
  4. A contract of limited duration of the regular delivery of daily papers, newspapers and magazines (trial or introductory subscription) can not be tacitly continued and ends automatically after the trial or introductory period.
Duration
If a contract has a duration of more than one year, the consumer may terminate the contract at any time with a period of notice of no more than one month, unless the reasonableness and fairness oppose cancellation before the end of the agreed term.
 
 

Article 13 - Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the commencement of the reflection period as referred to in article 6 paragraph 1. In case of a contract to provide a service, this period shall start after the consumer has received the confirmation of the contract.
  2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
  3. In case of default by the consumer, the entrepreneur has the right, subject to statutory restrictions, to charge the reasonable costs that were announced prior to the consumer.
 

Article 14 - Complaints procedure

  1. The entrepreneur has a well publicized complaints procedure and handles the complaint in accordance with this complaint's procedure.
  2. Complaints about the execution of the contract must be submitted fully and clearly described to the entrepreneur within 7 days, after the consumer has discovered the defects.
  3. Complaints submitted 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 respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
  4. If the complaint can not be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement.
  5. In case of complaints, a consumer must first turn to the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and if the complaints can not be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has a running membership via https://www.webwinkelkeur.nl/ledenlijst/ (this only applies for Dutch and/or Belgian customers). If there is not a solution found by then, the consumer has the opportunity to have his complaint dealt with by the arbitration committee appointed by Stichting WebwinkelKeur, the decision of this is binding and both entrepreneur and consumer must agree with this binding decision. There are costs associated with submitting a dispute to the arbitration committee that must be paid by the consumer to the relevant committee. It is also possible to file complaints via the European ODR platform.
  6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
  7. If a complaint is found to be well founded by the entrepreneur, the entrepreneur will replace or repair the products to the consumer its choice or the delivered products free of charge.
 

Article 15 - Disputes

  1. Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. Even if the consumer lives abroad.
  2. The Vienna Convention on Contracts for the International Sale of Goods does not apply.
 

Article 16 - Additional or deviating provisions

Additional or deviating provisions from these terms and conditions may not be at the expense 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 medium.
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