Article 1 – Definitions
In these terms and conditions:
1. Withdrawal period: the period within which the buyer may exercise his right of withdrawal;
2. Buyer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the seller;
3. Day: calendar day;
4. Durable data carrier: any means that enables the buyer or seller to store information addressed to him personally in a way that allows for future consultation and unaltered reproduction of the stored information.
5. Right of withdrawal: the possibility for the buyer within the cooling-off period to waive the distance contract;
6. Seller: the natural or legal person who offers products and/or services on distance copper;
7. Agreement at a distance: an agreement under which, within the framework of a system organized by the reseller for the distance sale 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;
8. Technique for distance communication: means that can be used for concluding an agreement, without the buyer and seller having come together in the same room at the same time.
9. General Terms and Conditions: the present General Terms and Conditions of Seller.
Clause 2 – Identity of Seller
Hoofdweg Noord 37b 2913 LB Nieuwerkerk aan den IJssel
Clause 3 – Applicability
1. These general terms and conditions apply to every offer made by the seller and to every distance contract concluded and orders placed between sellers and buyers.
2. Before the remote agreement is concluded, the text of these general terms and conditions will be made available to the buyer. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated that the general terms and conditions are available for inspection at the Seller’s premises and they will be sent to the Buyer free of charge as soon as possible at the request of the Buyer.
3. If the remote agreement is concluded electronically, in deviation from the previous paragraph and before the remote agreement is concluded, the text of these general terms and conditions may be made available to the buyer electronically in such a way that they can be stored by the buyer in a simple manner on a durable data carrier. If this is not reasonably possible, before the remote agreement is concluded, the text of these general terms and conditions will be made available to the buyer electronically in such a way that they can be stored by the buyer in a simple manner on a durable data carrier. If this is not reasonably possible, before the remote agreement is concluded, the text of these general terms and conditions will be made available to the buyer electronically in such a way that they can be stored by the buyer in a simple manner on a durable data carrier. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis and in the event of conflicting general terms and conditions, the Buyer may always invoke the applicable provision that is most favourable to him.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 will otherwise remain in force and the provision in question will be replaced in mutual consultation without delay by a provision that approximates the provision of the original as closely as possible.
6. Situations that are not regulated in these general terms and conditions should be judged ‘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 subject to conditions, this shall be expressly stated in the offer.
2. Seller is entitled to change the offer and to tepassen.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the Buyer to make a proper assessment of the offer.
4. All images, specifications and information in the offer are indicative and may not give rise to compensation or dissolution of the agreement.
5. Images of products are a true representation of the products offered. The Seller cannot guarantee that the color exactact shown corresponds to the real colors of the products.
6. Each offer contains such information that it is clear to the Buyer what rights and obligations are attached to the acceptance of the offer. This shall relate in particular to: – the price including taxes; – any shipping costs; – the manner in which the agreement will be concluded and what actions are necessary in order to achieve this; – the method of payment and delivery.
Article 5 – The agreement
1. The agreement shall be concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the Buyer of the offer and the fulfilment of the conditions laid down by the Buyer.
2. If the Buyer has accepted the offer by electronic means, the Seller shall immediately confirm receipt of acceptance of the offer by electronic means. As long as receipt of this acceptance has not been confirmed by the Seller, the Buyer may dissolve the agreement.
3. Agreements will only be concluded after an order or other order has been assessed for feasibility by the Seller. The Seller will be entitled to refuse to accept orders or orders, stating the reasons, or to accept them only under the condition that the shipment takes place cash on delivery or after prepayment, in which case the Buyer will be informed accordingly.
4. If the agreement is concluded electronically, the Seller shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the Buyer is able to pay electronically, the Seller will take appropriate security measures for this purpose.
5. The Seller may inform itself – within the legal framework – whether the Buyer can meet its 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 Seller has good grounds for not entering into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
6. Seller will include the following information with the product or service to the buyer, in writing or in such a way that it can be stored by the buyer in an accessible manner on a durable data carrier: a. the visiting address of the office of Seller where the buyer can lodge complaints;b. the conditions under which and the manner in which the Buyer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal; c. the information about guarantees and existing after-sales service; d. the data included in article 4 paragraph 3 of these Terms and Conditions, unless the Seller has already provided this data to the Buyer prior to the execution of the agreement;7. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 – Right of withdrawal
1. When purchasing products, the buyer has the option of dissolving the agreement without giving reasons for a period of 14 days. This cooling-off period commences on the day after receipt of the product by the Buyer or a representative appointed by the Buyer in advance and made known to the Seller.
2. During the cooling-off period, the buyer 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 revocation, he will return the product with all delivered accessories and – if reasonably possible – in its original condition and packaging to Seller, in accordance with the reasonable and clear instructions provided by Seller.
3. If the buyer wishes to exercise his right of withdrawal, he is obliged to make this known to the seller within 14 days after receipt of the product. After the buyer has made it known that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The Buyer must prove that the delivered goods have been returned on time, e.g. by means of proof of dispatch.
4. If, after the expiry of the periods mentioned in paragraphs 2 and 3, the customer has not made it known to make use of his right of withdrawal or has not returned the product to the seller, the purchase is a fact.
Article 7 – Costs in case of withdrawal
1. If the Buyer exercises his right of withdrawal, the costs of returning the goods shall be borne by him.
2. If the Buyer has paid an amount, the Seller shall repay this amount as soon as possible, but no later than 14 days after revocation. This is subject to the condition that the product has already been received back by the merchant or proof of complete return can be submitted. Reimbursement will be made via the same payment method used by the buyer unless the buyer has given explicit permission for a different payment method.
3. In case of damage to the product due to careless handling by the buyer himself is liable for any reduction in value of the product.
4. In the event of (partial) consumption of a consumable product, the Buyer will be held liable for any reduction in value of the product.
Article 8 – Exclusion of right of withdrawal
1. The Seller may exclude the Buyer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the Seller has clearly stated this in the offer, or at least in good time prior to the conclusion of the contract.
2. Exclusion of the right of withdrawal shall only be possible for products: a. which have been brought about by the Seller in accordance with the specifications of the Buyer; b. which are clearly of a personal nature; c. which cannot be returned due to their nature; d. which can spoil or age quickly; e. for hygienic products of which the Buyer has broken the seal.
Clause 9 – The price
1. During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the Seller may offer products or services whose prices are subject to fluctuations in the financial market and on which the Seller has no influence, at variable prices. These fluctuations and the fact that any prices quoted are target prices will be stated 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 shall only be allowed if the Seller has stipulated this and: a. they are the result of statutory regulations or provisions; or b. the Buyer has the power to terminate the contract with effect from the day on which the price increase takes effect.
5. The prices stated 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 typographical errors. In case of printing and typesetting errors, the seller is not obliged to deliver the product according to the wrong price.
Article 10 – Conformity and Warranty
1. Seller 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 legal provisions and/or government regulations existing on the date of conclusion of the agreement. If agreed, the Seller also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the Seller, manufacturer or importer does not affect the legal rights and claims that the Buyer can assert against the Seller under the agreement.
3. Any defects or incorrectly delivered products must be reported to the Seller in writing within 2 weeks after delivery. Products must be returned in their original packaging and in new condition.
4. However, the Seller will never be responsible for the ultimate suitability of the products for each individual application by the Buyer, nor for any advice regarding the use or application of the products.
5. The guarantee does not apply if:- the Buyer 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 have otherwise been treated carelessly or are contrary to the instructions of the Seller and/or have been treated on the packaging;- the defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.
Article 11 – Delivery and execution
1. Seller shall take the greatest possible care in receiving and executing orders for products and in assessing applications for the provision of services.
2. The place of delivery shall be the address that the buyer has given to the company.
3. If delivery is delayed, or if an order cannot be carried out in full or in part, the Buyer will receive notification of this no later than 30 days after placing the order. In that case the buyer has the right to dissolve the agreement free of charge. Buyer is not entitled to compensation.
4. All delivery periods are indicative. The Buyer cannot derive any rights from any of the periods mentioned. Exceeding a term does not entitle the Buyer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this clause, the Seller will refund the amount paid by the Buyer as soon as possible, but no later than 14 days after dissolution.
6. If delivery of an ordered product turns out to be impossible, the Seller will make every effort to make a replacement article available. No later than at the time of delivery, it will be clearly and comprehensibly stated that a replacement article will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the Seller.
7. The risk of damage and/or loss of products shall be borne by the Seller until the moment of delivery to the Buyer or a representative appointed in advance and made known to the Seller, unless expressly agreed otherwise.
Article 12 – Payment
1. Insofar as not otherwise agreed, the amounts owed by the Buyer must be paid within 14 working days after the start of the period for reflection as referred to in clause 6.1.
2. The Buyer is obliged to report any inaccuracies in the payment details provided or stated to the Seller without delay.
3. In the event of non-payment on the part of the Buyer, the Seller will be entitled, subject to statutory restrictions, to charge the Buyer the reasonable costs made known in advance.
Article 13 – Settlement of complaints
1. Seller will have a complaints procedure that has been sufficiently communicated and will deal with the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the Seller within 7 days after the Buyer has discovered the defects.
3. Complaints submitted to the Seller shall be answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the Seller will respond within 14 days with an acknowledgement of receipt and an indication of when the Seller can expect a more detailed response.
4. In the event of a complaint, the buyer should first turn to the seller. It is also possible to register complaints via the European ODR platform (https:/ec.europa.euconsumersodr).
5. A complaint does not suspend the Seller’s obligations, unless the Seller indicates otherwise in writing.
6. Complaints shall never entitle the Buyer to suspend payments.
7. If a complaint is found to be well-founded by the Seller, the Seller shall, at its discretion, replace or repair the delivered products free of charge.
Article 14 – Intellectual property rights
1. Everything on this website, including but not limited to images, texts, photographs, designs, icons and illustrations, with the exception of everything that is already protected under an existing copyright or other intellectual property right, is the property of Seller and/or its owners or (business) partners.
2. Prior written permission from Seller is required if you wish to reproduce, publish, change, upload, send (by post), distribute or publish anything from this website.
3. The trademarks and logos used and displayed on this site, Seller’s and others.
4. Nothing on this site can be seen or interpreted as permission, implicitly or otherwise, as license or right to use a trademark of or displayed on this site, without prior written permission of the owner of that trademark.
5. Users may only view and/or download material from this site for their personal, non-commercial, private use. Vendor will use all legal means at its disposal to protect its intellectual property rights.
6. All rights not expressly granted to third parties in these conditions, are expressly reserved to Seller.
Article 15 – Disputes
1. Agreements between the seller and the buyer to which these general terms and conditions apply shall be governed exclusively by Dutch law.
Article 16 – Additional or deviating provisions Additional provisions or provisions deviating from these general terms and conditions may not be to the buyer’s detriment and must be recorded in writing or in such a way that they can be stored by the buyer in an accessible manner on a durable data carrier.