Article 1 - Definitions
The following definitions are applicable:
This is the term within which the consumer can exercise the right of withdrawal.
the natural person that does not act on behalf of a company or profession.
any tool that allows the consumer and entrepreneur to store data that is relevant to them personally. Storing in a way that it is accessible for future reference.
Right of Withdrawal
the possibility for the consumer to terminate the distance agreement within the consideration term.
the natural person or corporation who offers distance products to consumers.
An agreement between the entrepreneur and consumer. Based on a corporate organized system of distance sales of products and services including the closing of an agreement using one or more techniques of distant communication.
Technique of distant Communication
A means that can be utilized to close an agreement without the consumer and the entrepreneur have gathered together in the same place and at the same time.
Article 2- Corporate Identity/Entrepreneur
3045 AJ Rotterdam
Chamber of Commerce: 73155896
VAT ID: NL859377891B01
Monday 10.00 - 18.00
Tuesday 10.00 - 18.00
Wednesday 10.00 - 18.00
Thursday 10.00 - 18.00
Friday 10.00 - 18.00
Article 3- Relevance
The general conditions/terms apply to any offer of the entrepreneur and to every finalized distance agreement between entrepreneur and consumer.
Prior to the distance agreement is concluded, the text of the general conditions/terms is being made available to the consumer. If this is reasonably not possible that before the distance agreement is concluded, it will be indicated that the general conditions/terms can be seen at the entrepreneur and on request of the consumer these general conditions/terms shall be sent to the consumer as soon as possible without extra costs.
If the distance agreement is concluded electronically, notwithstanding the previous article and before the distance agreement is concluded, the text of the general conditions/terms can be made available electronically to the consumer in such a way that the text can be saved in a simple way on a durable medium. If this is reasonably not possible that before the distance agreement is concluded it will be indicated where the consumer can find the general conditions/terms electronically and that these conditions/terms at the consumer's request will be sent electronically or otherwise to the consumer without extra cost.
Article 4- Offer
If an offer has a limited validity or has other specifications, this will be highlighted. The offer contains a complete and accurate description of the offered products and services.
The description is sufficiently detailed to enable the consumer to assess products and/or services. The images used by the entrepreneur are true representations of the products and services. Obvious mistakes and errors do not bind the entrepreneur.
Besides product description, each offer contains relevant information that is instrumental for the consumer to make a decisive decision on procuring products/services from the entrepreneur. Relevant information is:
- Price including taxes
- Delivery costs/time
- Payment methods
- Whether to apply the right of withdrawal
Article 5- The Agreement
The distance agreement has materialized when the consumer accepts the entrepreneur’s offer by finalizing the sales process and meeting the requirements.
In rare instances, when a product is out of stock, which has been discovered after a sale. Then the entrepreneur will notify the consumer and payback within 3-4 days.
If the consumer has accepted electronically the offer, the entrepreneur immediately confirms electronically that he has received the acceptance of the offer. If the entrepreneur has not confirmed the acceptance, the consumer can terminate the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic data transfer and that he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe the necessary security measures.
The entrepreneur can notify or check, within the legal framework, if the consumer can meet the payment obligations, and also check all important facts and factors which are needed to finalize a sound distance agreement. If the entrepreneur based on research, has good reasons not to conclude the agreement then he is entitled to motivate and to refuse an order/ request or he can connect special conditions to the execution of the offer.
The entrepreneur shall send the following information with the products or services, written or in such a manner that the consumer can store in an accessible way the data on a durable medium:
- 1. The address of the company for the consumer to file complaints
- 2. The conditions and the way the consumer can execute the right of withdrawal and a clear indication related to the exclusion of the right of withdrawal.
- 3. Information about after sales guarantees and services
- 4. Article 4 paragraph 3 unless the entrepreneur has already sent this information before the execution of the agreement.
- 5. The requirements for termination of the agreement if the agreement has a duration of one year or more or of if it has an indefinite duration.
In case of a length transaction the previous clause e. is only applicable for the first delivery.
Article 6- Right of Withdrawal
After purchasing products, the consumer has the possibility to cancel the agreement without giving reasons during 14 days. The entrepreneur is allowed to ask for the reason of exercising the Right of Withdrawal, however the consumer is not obligated to provide one.
The starting time for the 14 days is the physical delivery day.
During the 14 days the consumer shall treat the product and the package carefully. He/she shall unpack or use the product only to that extent to as far as it is necessary to judge if he wishes to keep the product. If he does want to execute the right of withdrawal, he shall return the product with all accessories and -if reasonably possible- in the original conditioning and packaging to the entrepreneur, in accordance with the provided reasonable and clear instructions of the entrepreneur.
If the consumer executes the right of withdrawal, he/she will have to pay no more than the costs of returning the product.
If the consumer has made a payment, the entrepreneur shall pay back this amount as soon as possible but no later than within 14 days after the repeal or after the return shipment.
Article 7 - Exclusion Right of Withdrawal
The entrepreneur can exclude the right of withdrawal of the consumer. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly mentioned this at least in time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for the following products:
- 1. Which are established by the entrepreneur according to specifications of the consumer
- 2. That they are clearly personal in nature
- 3. Which cannot be returned because of their nature
- 4. That can spoil or age quickly
- 5. Whose price is bound to fluctuation on the financial market which the entrepreneur has no influence
- 6. Individual newspapers and magazines
- 7. For audio and video recordings and computer software of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for the following services:
- 1. Concerning lodging, transport, restaurants or to spend leisure on a certain date or during a certain period.
- 2. Whose delivery has begun with the express consent of the consumer before the consideration period has expired.
- 3. Concerning betting and lotteries
Article 8 – Price
The products offered by the entrepreneur are subject to change. However, when a purchase is finalized by the consumer, that price, during that order, is final. And shall not change for the said consumer afterwards (e.g., during shipping period). Consequently, the said consumer cannot ask for compensation because of price fluctuations after the fact.
Article 9 – Conformity
The entrepreneur ensures that the products and services measure up to the agreement. However, manufacturing defects are a given, which the entrepreneur has no power over.
Article 10 – Delivery and Execution
The entrepreneur shall take the highest care in processing the order from the consumer.
The address that has been conveyed by the consumer to the entrepreneur is the delivery place.
Taking into account what is stated in article 4 of the general conditions/terms , the entrepreneur shall execute the accepted orders expeditiously but not later than within 30 days unless a longer period has been agreed. If the delivery is delayed or if a delivery cannot or partially be executed, the consumer is notified about this no later than 30 days after he placed the order. In that case the consumer has the right to terminate the agreement without any further cost.
In the event of termination in accordance with the previous paragraph the entrepreneur shall pay back the amount that the consumer has paid as soon as possible but no later than 14 days after the termination.
Article 11 – Payments
The consumer has the duty to notify the entrepreneur about inaccuracies in the payment details. Moreover, the consumer always has to prepay for the products before it receives them physically.
In case of default by the consumer the entrepreneur has, subject to legal restrictions, the right to charge the reasonable costs which are made known to the consumer in advance.
Article 12 – Complaints
The entrepreneur is open to complaints and handles the complaint accordingly.
Complaints about the execution of the agreement must be described fully and clearly within a reasonable time submitted to the entrepreneur.
Article 13 – Disputes
Dutch law exclusively applies to agreements between entrepreneur and consumer whereupon these general conditions/terms are related to.
Article 14 – Sale
All sale items are final and cannot be refunded/send back.