Terms and conditions
Table of Contents
- Article 1 - Definitions
- Article 2 - Identity of the entrepreneur
- Article 3 - Applicability
- Article 4 - The offer
- Article 5 - The agreement
- Article 6 - Right of withdrawal
- Article 7 - Costs in case of withdrawal
- Article 8 - Exclusion of the right of withdrawal
- Article 9 - The price
- Article 10 - Conformity and warranty
- Article 11 - Delivery and execution
- Article 12 - Duration transactions: duration, termination, and extension
- Article 13 - Payment
- Article 14 - Complaints procedure
- Article 15 - Disputes
- Article 16 - Additional or deviating provisions
- Article 17 - Billink payments
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
- Cooling-off period: the period during which the consumer can exercise their right of withdrawal;
- Consumer: the natural person who does not act for purposes related to their trade, business, or profession and enters into a distance contract with the entrepreneur;
- Day: calendar day;
- Long-term contract: a distance contract concerning a series of products and/or services, the delivery and/or performance of which is spread over time;
- Durable medium: any means that enables the consumer or entrepreneur to store information that is addressed to them personally in a way that facilitates future access and unaltered reproduction of the stored information.
- Right of withdrawal: the consumer's option not to proceed with the distance contract within the cooling-off period;
- Model withdrawal form: the model withdrawal form made available by the entrepreneur that the consumer can fill in when they wish to exercise their right of withdrawal.
- Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
- Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the agreement;
- Means of distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being in the same place at the same time.
- General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
- Rozengaarde 30
- 3831CD Leusden
- Phone number: +31333690031
- Email address: [email protected]
- Chamber of Commerce number: 85032573
- VAT identification number: NL004048773B39
Article 3 - Applicability
- These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders entered into between the entrepreneur and the consumer.
- 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, the entrepreneur will indicate, before the distance contract is concluded, that the general terms and conditions are available for inspection at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
- If the distance contract is concluded electronically, in deviation from the previous paragraph, the text of these general terms and conditions can 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, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent to the consumer electronically or in some other way free of charge upon request.
- If in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply by analogy, and the consumer can always invoke the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.
- If one or more provisions in these general terms and conditions are void or are nullified at any time, the agreement and these terms and conditions will remain in effect for the remainder, and the relevant provision will be replaced in mutual consultation with a provision that approximates the purpose of the original as closely as possible.
- Situations not regulated in these general terms and conditions must be assessed "in the spirit" of these general terms and conditions.
- Ambiguities regarding 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
- If an offer has a limited validity period or is subject to conditions, this shall be explicitly stated in the offer.
- The offer is non-binding. The entrepreneur has the right to modify and adapt the offer.
- 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 an informed assessment of the offer. If the entrepreneur uses images, these must provide a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- All images, specifications, and data in the offer are indicative and cannot be the basis for compensation or dissolution of the agreement.
- Images accompanying products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
- Each offer contains information in such a way that it is clear to the consumer what rights and obligations are associated with the acceptance of the offer. This includes in particular:
- The price is displayed excluding but with the display of the VAT amount;
- Any shipping costs;
- How the agreement will be concluded and what actions are required for this;
- The applicability or non-applicability of the right of withdrawal;
- The method of payment, delivery, and performance of the agreement;
- The period for acceptance of the offer or the period within which the entrepreneur guarantees the price;
- The rate for distance communication if the costs of using the distance communication technique are calculated on a basis other than the regular basic rate for the communication method used;
- Whether the agreement will be archived after its conclusion, and if so, how the consumer can access it;
- How the consumer can verify and, if desired, correct the data provided by him in the context of the agreement before concluding it;
- Any other languages in which, in addition to Dutch, the agreement can be concluded;
- The codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes of conduct electronically; and
- The minimum duration of the remote agreement in the case of a continuing transaction.
Article 5 - The Agreement
- The agreement is concluded, subject to the provisions of section 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set forth therein.
- If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm the receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed this acceptance, the consumer may dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and provide a secure web environment. If the consumer can make electronic payments, the entrepreneur shall take appropriate security measures for this purpose.
- Within the legal framework, the entrepreneur may ascertain whether the consumer can meet his payment obligations, as well as all facts and factors that are relevant for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has valid grounds not to enter into the agreement, he is entitled to refuse an order or request with motivation or to attach special conditions to its execution.
- The entrepreneur shall provide the following information to the consumer 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 data carrier:
- The visiting address of the entrepreneur's establishment where the consumer can address complaints;
- The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- Information about warranties and existing post-purchase services;
- The data referred to in section 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
- The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
- In the case of a continuing transaction, the provision in the preceding paragraph applies only to the initial delivery.
- Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.
Article 6 - Right of Withdrawal
- In the purchase of products, the consumer has the option to dissolve the agreement without stating reasons within 14 days. This withdrawal period commences on the day after the consumer receives the product or a representative designated by the consumer and made known to the entrepreneur in advance.
- During the withdrawal period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer exercises their right of withdrawal, they shall return the product with all accessories supplied 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.
- If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receiving the product. The consumer shall make this notification using the return form or by another means of communication, such as email. After the consumer has notified their intention to exercise the right of withdrawal, the consumer shall return the product within 14 days. The consumer must prove that the goods have been returned on time, for example, by providing proof of shipment.
- If the customer has not indicated within the periods specified in paragraphs 2 and 3 whether they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is final.
Article 7 - Costs in Case of Withdrawal
- If the consumer exercises their right of withdrawal, they shall bear the maximum cost of returning the goods.
- If the consumer has made a payment, the entrepreneur shall refund this amount as soon as possible but no later than 14 days after withdrawal, provided that the product has already been received by the online retailer or conclusive proof of complete return can be provided. The refund will be made using the same payment method chosen by the consumer, unless the consumer expressly agrees to a different payment method.
- If the product is damaged due to the consumer's careless handling, the consumer shall be liable for any decrease in value of the product.
- The consumer cannot be held liable for any decrease in the value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before the conclusion of the purchase agreement.
Article 8 - Exclusion of the Right of Withdrawal
- The entrepreneur can exclude the consumer's right of withdrawal for products as described in sections 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly indicated this in the offer or at least in a timely manner before the conclusion of the agreement.
- Exclusion of the right of withdrawal is only possible for products:
- that have been created by the entrepreneur in accordance with the consumer's specifications;
- that are clearly of a personal nature;
- that cannot be returned due to their nature;
- that can quickly deteriorate or age;
- whose price is subject to fluctuations in the financial market over which the entrepreneur has no control;
- for individual newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has broken the seal;
- for hygiene products of which the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- related to accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
- of which the delivery has begun with the express consent of the consumer before the withdrawal period has expired;
- related to betting and lotteries.
Article 9 - The Price
- During the validity 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.
- Contrary to the previous section, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependency on fluctuations and the fact that any prices mentioned may be indicative will be stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
- they result from legal regulations or provisions, or
- the consumer has the authority to terminate the agreement from the day the price increase takes effect.
- The prices mentioned in the offer of products or services are exclusive but with the accompanying VAT indicated.
- All prices are subject to printing and typesetting 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 at the incorrect price.
Article 10 - Conformity and Warranty
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal regulations and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.
- A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's legal rights and claims based on the agreement against the entrepreneur.
- The legal warranty applies to all products. The duration of the legal warranty may vary depending on the nature of the product.
- Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of discovery.
- The warranty does not apply if:
- the consumer has repaired or modified the delivered products themselves or has had them repaired or modified by third parties;
- the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or are in violation of the entrepreneur's instructions and/or the packaging has been treated;
- the defect is wholly or partly the result of regulations that the government has or will establish with regard to the nature or quality of the materials used.
Article 12 - Duration Transactions: Duration, Termination, and Renewal
- The consumer may terminate an agreement concluded for an indefinite period and which aims at the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
- The consumer may terminate an agreement concluded for a definite period and which aims at the regular delivery of products (including electricity) or services at any time at the end of the specified duration, subject to the agreed termination rules and a notice period of no more than one month.
- The consumer may terminate the agreements mentioned in the previous sections:
- at any time and not be limited to termination at a specific time or during a specific period;
- at least terminate in the same manner as they were entered into by him; always terminate with the same notice period as the entrepreneur has stipulated for himself.
- An agreement concluded for a definite period and which aims at the regular delivery of products (including electricity) or services may not be renewed or extended for a definite duration without the explicit consent of the consumer.
- Contrary to the previous section, an agreement concluded for a definite period and which aims at the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a definite duration of up to three months if the consumer can terminate this renewed agreement at the end of the renewal period with a notice period of no more than one month.
- An agreement concluded for a definite period and which aims at the regular delivery of products or services may only be tacitly renewed for an indefinite duration if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the case of an agreement that aims at the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
- An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly renewed and shall terminate automatically upon expiry of the trial or introductory period.
- If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 - Payment
- Unless otherwise agreed, the amounts payable by the consumer must be paid before the order is shipped.
- The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
- In the event of consumer default, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs as previously communicated to the consumer.
Article 14 - Complaints Procedure
- The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the performance of the agreement must be submitted to the entrepreneur within 2 months, fully and clearly described, after the consumer has discovered the defects.
- 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 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
- If the complaint cannot be resolved through mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
- In case of complaints, a consumer must first contact the entrepreneur. If the webshop is affiliated with the Stichting WebwinkelKeur and complaints that cannot be resolved through mutual agreement arise, the consumer must contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate for free. Check whether this webshop has an active membership at https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the option to have the complaint handled by the independent dispute committee appointed by Stichting WebwinkelKeur. The decision of this committee is binding, and both the entrepreneur and the consumer agree to this binding decision. There are costs associated with submitting a dispute to this dispute committee, which the consumer must pay to the respective committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
- A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
- If a complaint is found to be valid by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.
Article 15 - Disputes
- Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.
- The Vienna Sales Convention does not apply.
Article 16 - Additional or Deviating Provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them on a durable medium in an accessible manner.
Article 17 – Billink Paying Afterwards
For the Netherlands:
"If you choose the payment method 'pay later with Billink,' you must pay the amount to Billink B.V. ('Billink') within the specified payment term. All rights arising from the claim will be transferred to Billink at the time of the order, which will handle the collection of the invoice. Your data will be checked and registered by or on behalf of Billink in its system. These data may be used, among other things, for the collection of outstanding claims, for legitimate marketing purposes under the General Data Protection Regulation, data verification, and the assessment of orders in the execution of the acceptance policy of other organizations and/or webshops affiliated with Billink. Billink reserves the right to refuse your request to use pay-later, possibly with a reason. The payment term applied is a strict deadline. In the event of non-timely payment, the customer is in default without notice, and Billink is entitled to charge monthly statutory (commercial) interest (with part of a month being considered a whole month) from the due date of the invoice. Billink is also entitled to charge extrajudicial collection costs under the Decree on Compensation for Extrajudicial Collection Costs (BIK) to the customer. In the case of business customers, Billink is also entitled to charge reminder and collection costs to the customer, without prejudice to Billink's right to charge the actual costs incurred by the customer if these exceed the amount calculated accordingly. These costs are a minimum of 15% of the principal amount, with a minimum of 40 euros for consumers and 75 euros for businesses. Billink is also entitled to transfer the claim to a third party. What is determined regarding Billink in the foregoing also applies in that case to the third party to whom the claim has been transferred.
Non-payment of the invoice on the due date leads to the initiation of internal and external reminder procedures. By operation of law and without notice, an administrative fee of €12.50 per internal reminder sent by Billink will be charged. As soon as Billink is obliged to transfer the claim to a specialized collection agency due to persistent non-payment, the claim will also be increased with a lump-sum penalty clause, due to non-payment, of 20% with a minimum of €10, as well as default interest at a rate of 12% per annum, calculated on the amount of the invoice from the date of sending the invoice. The costs associated with this transfer of the file and the fee for the collection of the amounts due are estimated at a lump sum of €35.00 and remain entirely at your expense, without prejudice to the costs for internal reminders, lump-sum penalty clause, and default interest described above. The courts of the judicial district of Antwerp have exclusive jurisdiction to settle disputes concerning payment or the execution of our deliveries.