Article 1 – Definitions
For the purposes of these terms and conditions:
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;
Day: calendar day;
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;
Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
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, exclusive use is made of one or more means of distance communication;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being in the same room at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the economic operator
Rijn 12, 2491BG
E-mail address: firstname.lastname@example.org
Where the activity of the economic operator is subject to a relevant authorization scheme: the
data concerning the supervisory authority:
If the entrepreneur practices a regulated profession:
-the professional association or organization of which he is a member;
-the professional title, the place in the EU or the European Economic Area where it has been awarded;
-a reference to the professional rules that apply in the Netherlands and instructions as to where and how these professional rules can be accessed.
Article 3 – Applicability
A. These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and orders between entrepreneur and consumer.
B. 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 inspected at the operator and they will be sent to the consumer free of charge as soon as possible at the consumer’s request.
C. 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.
D. 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 favorable to him in the event of conflicting general terms and conditions.
E. 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 by a provision that approximates the purport of the original as closely as possible in mutual consultation.
F. Situations that are not regulated in these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.
G. 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
A. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
B. The offer is non-binding. The entrepreneur is entitled to change and modify the offer.
C. 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.
D. All images, specifications and information contained in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
E. 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.
F. 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, but NOT delivery charges;
- any shipping costs incurred
- 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;
- whether the contract will be archived after its conclusion, and if so, how this 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 English & 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
A. 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.
B. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
C. 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.
D. 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.
E. 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 email address of the establishment of the entrepreneur where the consumer can go with complaints;
- the data included in article 4 paragraph C 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.
- In the case of an enduring transaction, the provision of the previous paragraph shall only apply to the first delivery.
- Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 – The price
A. 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.
B. 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.
C. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
D. 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.
E. The prices mentioned in the offer of products or services are inclusive of VAT.
D. 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 7 – Conformity and warranty
A. 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.
B. 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.
Article 8 – Delivery and execution
A. The entrepreneur will take the greatest possible care in receiving and executing orders of products and in assessing applications for the provision of services.
B. The place of delivery shall be the address that the consumer has given to the company.
C. If the delivery is delayed, or if an order can not or only partially be carried out, due to circumstances beyond the entrepreneurs reach, the consumer has no right to compensation.
D. 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.
Article 9 – Complaints procedure
A. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
B. Complaints about the implementation of the agreement must be submitted within 7 days fully and clearly described to the entrepreneur, after the consumer has found the defects.
C. 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.
D. 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 10 – Disputes
A. 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.
B. The Vienna Convention on Contracts for the International Sale of Goods does not apply.
Article 11 – 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.