- 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 - Consumer's Obligations During the Cooling-off Period
- Article 8 - Exercise of the Consumer's Right of Withdrawal and Its Costs
- Article 9 - Entrepreneur's Obligations in Case of Withdrawal
- Article 10 - Exclusion of the Right of Withdrawal
- Article 11 - The Price
- Article 12 - Performance of the Agreement and Additional Warranty
- Article 13 - Delivery and Execution
- Article 14 - Payment
- Article 15 - Complaints Procedure
- Article 16 - Disputes
- Article 17 - Additional or Different Provisions
Table of Contents:
Article 1 - DefinitionsIn these terms and conditions, the following terms shall have the following meanings: Additional agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance agreement, and these items, digital content, and/or services are supplied by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur; Cooling-off period: the period during which the consumer may exercise their right of withdrawal; Consumer: the natural person who does not act for purposes related to their trade, business, craft, or profession; Day: calendar day; Digital content: data produced and delivered in digital form; Long-term agreement: an agreement that relates to the regular supply of goods, services, and/or digital content for a specified period; Durable medium: any tool - including email - that allows the consumer or entrepreneur to store information addressed to them personally in a way that enables future consultation or use for a period that is tailored to the purpose of the information and allows unchanged reproduction of the stored information; Right of withdrawal: the consumer's possibility to withdraw from a distance agreement within the cooling-off period; Entrepreneur: the natural or legal person who offers products, access to digital content, and/or services to consumers at a distance; Distance agreement: an agreement concluded between the entrepreneur and the consumer as part of an organized system for distance selling of products, digital content, and/or services, where only or partly the use of one or more remote communication techniques is used up to and including the conclusion of the agreement; Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions. Annex I does not need to be made available if the consumer has no right of withdrawal regarding their order; Remote communication technique: a means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same space.
Article 2 - Identity of the EntrepreneurCompany Name: Meccential Street/Number: Bosmahof 46 Postal Code: 3907 JC Email Address: firstname.lastname@example.org Chamber of Commerce Number: 89273095 VAT Identification Number: NL004710698B66
Article 3 - ApplicabilityThese general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer. Before the distance agreement is concluded, the consumer shall be provided with the text of these general terms and conditions. If this is reasonably not possible, the entrepreneur shall indicate, before the distance agreement is concluded, how the general terms and conditions can be inspected at the entrepreneur's location and that they will be sent free of charge upon request of the consumer. If the distance agreement is concluded electronically, in deviation from the previous paragraph and before the distance agreement is concluded, 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 them on a durable medium. If this is reasonably not possible, it shall be indicated before the distance agreement is concluded where the general terms and conditions can be inspected electronically and that they will be sent free of charge upon request of the consumer electronically or otherwise. In the event that besides these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis, and the consumer can always invoke the applicable provision that is most favorable to them in case of conflicting conditions.
Article 4 - The OfferIf an offer has a limited duration or is subject to conditions, this shall be explicitly stated in the offer. The offer contains a complete and accurate description of the products, digital content, 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, they are a true representation of the products, services, and/or digital content offered. Obvious errors or mistakes in the offer do not bind the entrepreneur. Each offer contains such information that makes it clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Article 5 - The AgreementThe agreement is concluded, subject to the provisions in paragraph 4, at the time of acceptance by the consumer of the offer and fulfilling the associated conditions. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm 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 may dissolve the agreement. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures. The entrepreneur can, within the limits of the law, gather information about the consumer's ability to fulfill their payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance agreement. If, on the basis of this investigation, the entrepreneur has sound reasons for not concluding the agreement, they are entitled to refuse an order or request, or to attach special conditions to the execution.
Article 6 - Right of WithdrawalThe consumer can dissolve an agreement regarding the purchase of a product in its original packaging within a cooling-off period of at least 14 days without giving any reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but they cannot force them to state their reasons. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or: If the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. The entrepreneur may refuse an order for several products with different delivery times provided that they inform the consumer clearly before the ordering process. If the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the last part; In case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by them, has received the first product.
Article 7 - Consumer's Obligations During the Cooling-off PeriodDuring the cooling-off period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep the product. The starting point here is that the consumer may only handle and inspect the product as they would be allowed to do in a store. The consumer is only liable for the product's depreciation resulting from handling the product in a way that goes beyond what is allowed in paragraph 1.
Article 8 - Exercise of the Consumer's Right of Withdrawal and Its CostsIf the consumer exercises their right of withdrawal, they shall notify the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product, or hand it over to (a representative of) the entrepreneur. This is not necessary if the entrepreneur offered to collect the product themselves. The consumer has observed the return period in any case if they return the product before the cooling-off period has expired. The consumer shall return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates that they will bear the costs themselves, the consumer does not have to bear the costs of returning the product. In case the consumer exercises their right of withdrawal, all supplementary agreements are dissolved by operation of law.
Article 9 - Entrepreneur's Obligations in Case of WithdrawalIf the entrepreneur enables the consumer to report their withdrawal electronically, they shall immediately send a confirmation of receipt after receiving this report. The entrepreneur reimburses all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, promptly but within 14 days following the day on which the consumer reported their withdrawal. Unless the entrepreneur offers to collect the product themselves, they can wait to pay back until they have received the product. The entrepreneur uses the same payment method used by the consumer for reimbursement unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer. If the consumer has opted for a more expensive method of delivery than the standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
Article 10 - Exclusion of the Right of WithdrawalThe entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly stated this in the offer, or at least in a timely manner before the conclusion of the agreement: Products or services whose prices are subject to fluctuations on the financial market on which the entrepreneur has no influence and which may occur within the withdrawal period; Products that spoil quickly or have a limited shelf life; Sealed products that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery; Products that, by their nature, are irrevocably mixed with other products after delivery;
Article 11 - The PriceDuring the validity period stated 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. In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations on the financial market and where the entrepreneur has no influence, at variable prices. The fact that prices may fluctuate and any prices stated are target prices shall be stated in the offer. The prices mentioned in the offer of products or services for consumers are inclusive of VAT.
Article 12 - Performance of the Agreement and Additional WarrantyThe entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness, and/or usability and the existing statutory provisions and/or government regulations at the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use. An additional warranty provided by the entrepreneur, its supplier, manufacturer, or importer does not affect the legal rights and claims the consumer can enforce against the entrepreneur under the agreement if the entrepreneur has failed to meet their part of the agreement. By additional warranty, the consumer is understood to mean any commitment from the entrepreneur, its supplier, importer, or producer in which they grant the consumer certain rights or claims beyond what is legally required if they have failed to meet their part of the agreement.
Article 13 - Delivery and ExecutionWe offer the service of next-day delivery for orders placed before 5:00 PM. We ship all our packages via PostNL and are therefore bound by their services. Orders placed on weekdays before 5:00 PM will be delivered the next working day and on Saturdays. Unfortunately, no packages are collected on Sundays. If you place an order on Saturday after 5:00 PM or on Sunday, your package will be collected on Monday, and you can expect to receive it on Tuesday. Source, PostNL: We deliver packages on Monday through Saturday until 9:30 PM. Generally, we deliver a package the day after we receive it from the sender. Please note that delivery days may change during holidays. If you have any questions about this, please contact us at email@example.com. The entrepreneur shall exercise the greatest possible care when receiving orders for products and when assessing applications for the provision of services. The address provided by the consumer shall be deemed the place of delivery. The entrepreneur shall execute accepted orders promptly but no later than 30 days, unless a different delivery period has been agreed. If delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer will be informed about this no later than 30 days after they placed the order. In such cases, the consumer has the right to terminate the agreement free of charge. After termination in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer paid as soon as possible. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless expressly agreed otherwise.
Article 14 - PaymentUnless otherwise agreed in the agreement or additional conditions, amounts payable by the consumer must be paid within 14 days after the start of the cooling-off period, or within 14 days after the conclusion of the agreement if there is no cooling-off period. In the case of an agreement to provide a service, this period starts on the day following receipt of the confirmation of the agreement by the consumer. In the sale of products to consumers, the consumer is not obliged in general terms and conditions to pay more than 50% in advance. When advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made. The consumer has the duty to notify the entrepreneur immediately of any inaccuracies in payment details provided or stated. If the consumer does not fulfill their payment obligation(s) in time, and after the entrepreneur has pointed out to them that the payment is overdue and has given the consumer a 14-day period to fulfill their payment obligations, the consumer will be charged statutory interest and the entrepreneur is entitled to charge the consumer for the extrajudicial collection costs incurred. These collection costs will not exceed: 15% on outstanding amounts up to €2,500, 10% on the next €2,500, and 5% on the following €5,000, with a minimum of €40. The entrepreneur may deviate from the mentioned amounts and percentages in favor of the consumer.
Article 15 - Complaints ProcedureThe 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 fully and clearly described within a reasonable time 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 period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer. The consumer shall give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is susceptible to the dispute settlement procedure.
Article 16 - DisputesDutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
Article 17 - Additional or Deviating ProvisionsAdditional 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 they can be stored by the consumer in an accessible manner on a durable medium.
Attachment I: Model Withdrawal Form
Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the agreement)
I/We* hereby give notice that I/we* withdraw from our agreement regarding: the sale of the following products: [product description]*
less Copy code the supply of the following digital content: [digital content description]*
the provision of the following service: [service description]*,
[date of order for services or date of receipt for products]
[Name of consumer(s)]
[Address of consumer(s)]
[Signature of consumer(s)] (only if this form is submitted on paper)