Terms and Conditions for Stores

General Terms and Conditions for Stores

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 - Obligations of the Consumer during the Reflection Period
Article 8 - Exercise of the Right of Withdrawal by the Consumer and Costs Incurred
Article 9 - Obligations of the Entrepreneur upon Withdrawal
Article 10 - Exclusion of the Right of Withdrawal
Article 11 - The Price
Article 12 - Compliance and Additional Guarantee
Article 13 - Delivery and Execution
Article 14 - Duration Transactions: Duration, Termination, and Extension
Article 15 - Payment
Article 16 - Complaints Procedure
Article 17 - Disputes
Article 18 - Additional or Deviating Provisions

Article 1 - Definitions

In these terms, the following definitions apply:

Supplementary Agreement: an agreement where the consumer acquires products, digital content, and/or services related to a distance agreement, and these items, digital content, and/or services are provided by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur;
Reflection Period: the period during which the consumer can exercise their right of withdrawal;
Consumer: a natural person who is not acting for purposes related to their trade, business, craft, or profession;
Day: calendar day;
Digital Content: data that is produced and delivered in digital form;
Long-term Agreement: an agreement aimed at the regular delivery of goods, services, and/or digital content for a specified period;
Durable Medium: any tool - including email - that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows for future consultation or use, as well as unchanged reproduction of the stored information;
Right of Withdrawal: the ability of the consumer to withdraw from the distance agreement within the reflection period;
Entrepreneur: the natural or legal person offering products, (access to) digital content and/or services at a distance to consumers;
Distance Agreement: an agreement that is concluded between the entrepreneur and the consumer as part of an organized system for the distance sale of products, digital content, and/or services, whereby up to and including the conclusion of the agreement only or partly use is made of one or more techniques for remote communication;
Model Withdrawal Form: the European model withdrawal form included in Annex I of these terms. Annex I does not need to be made available if the consumer does not have a right of withdrawal concerning their order;
Technique for Remote Communication: means that can be used for entering into an agreement without the consumer and entrepreneur having to come together in the same location at the same time.

Article 2 - Identity of the Entrepreneur

The name of the Entrepreneur (the entity) will be made known at the time of the product or service offer and will be displayed in the overview.

Article 3 - Applicability

These general terms and conditions apply to every offer of the entrepreneur and to every distance agreement reached between entrepreneur and consumer.
Before entering into the distance agreement, 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 concluding the distance agreement how the general terms and conditions can be consulted and that they will be sent to the consumer as soon as possible upon request, free of charge.
If the distance agreement is concluded electronically, in deviation from the previous paragraph and before concluding the distance agreement, the text of these general terms and conditions may be made available electronically to the consumer in such a way that they can be stored easily on a durable medium. If this is not reasonably possible, it will be indicated before concluding the distance agreement where the general terms and conditions can be accessed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.
In case specific product or service terms are also applicable in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer may always invoke the applicable provision that is most favorable to them in case of conflicting terms.

Article 4 - The Offer

If an offer has a limited validity period or is made under conditions, this will be clearly stated in the offer.
The offer includes 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, these are a true representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 - The Agreement

The agreement comes into effect, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and fulfillment of the conditions set for this.
If the consumer has accepted the offer electronically, the entrepreneur will confirm receipt of the acceptance of the offer electronically without delay. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can 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 make electronic payments, the entrepreneur will take appropriate security measures.
The entrepreneur may within legal frameworks - ascertain whether the consumer can meet their payment obligations, as well as all facts and factors that are important for responsibly entering into the distance agreement. If the entrepreneur has good grounds not to enter into the agreement based on this research, they are entitled to refuse an order or request motivated or attach particular conditions to the execution.
The entrepreneur will provide the following information to the consumer in writing, or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, no later than at the time of delivery of the product, service, or digital content:
the visiting address of the entrepreneur's establishment where the consumer can go for complaints;
the terms and conditions under which and the manner in which the consumer can exercise their right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
information about warranties and existing after-sales service;
the price including all taxes of the product, service, or digital content; where applicable, the delivery costs; and the payment, delivery, or execution method of the distance agreement;
the requirements for cancellation of the agreement if the agreement has a duration of more than one year or is of indefinite duration;
if the consumer has a right of withdrawal, the model withdrawal form.
In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of Withdrawal

For Products:

The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal but cannot oblige them to state their reason(s).
The reflection period mentioned in paragraph 1 begins the day after the consumer, or a third party appointed by the consumer who is not the carrier, has received the product, or:
if the consumer has ordered multiple products in one order: the day on which the consumer, or a third party designated by them, has received the last product. The entrepreneur may, provided they have informed the consumer clearly beforehand about this, refuse an order of multiple products with different delivery times.
if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or part;
for agreements for the regular delivery of products over a specified period: the day on which the consumer, or a third party designated by them, has received the first product.

For services and digital content not delivered on a tangible medium:

The consumer can dissolve a service agreement and an agreement for the delivery of digital content not delivered on a tangible medium for at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal but cannot oblige them to state their reason(s).
The reflection period mentioned in paragraph 3 begins the day following the conclusion of the agreement.

Extended reflection period for products, services, and digital content not delivered on a tangible medium due to lack of information about the right of withdrawal:

If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original reflection period as specified in the previous paragraphs of this article.
If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the start of the original reflection period, the reflection period expires 14 days after the day on which the consumer has received that information.

Article 7 - Obligations of the Consumer during the Reflection Period

During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of 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 any decrease in value of the product resulting from handling the product that goes beyond what is permitted in paragraph 1.
The consumer is not liable for any decrease in value of the product if the entrepreneur has not provided them with all legally required information about the right of withdrawal before or at the time of concluding the agreement.

Article 8 - Exercise of the Right of Withdrawal by the Consumer and Costs Incurred

If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within the reflection period using 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 must return the product or hand it over to (a representative of) the entrepreneur. This does not apply if the entrepreneur has offered to collect the product themselves. The consumer has complied with the return period if they return the product before the reflection period has expired.
The consumer returns the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the proper and timely exercise of the right of withdrawal rest with the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates they will bear the costs themselves, the consumer does not have to bear the return costs.
If the consumer withdraws after having expressly requested that the provision of the service or the delivery of gas, water, or electricity that is not ready for sale in a limited volume or certain quantity begins during the reflection period, the consumer owes the entrepreneur an amount proportional to that part of the commitment that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full performance of the commitment.
The consumer does not bear costs for the performance of services or the delivery of gas, water, or electricity that are not ready for sale in a limited volume or quantity, or for the delivery of district heating, if:
the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs upon withdrawal or the model withdrawal form, or;
the consumer has not explicitly requested the commencement of the performance of the service or delivery of gas, water, electricity, or district heating during the reflection period.
The consumer incurs no costs for the full or partial delivery of digital content not delivered on a tangible medium if:
they have not expressly consented to the commencement of performance of the agreement before the end of the reflection period;
they have not acknowledged that they lose their right of withdrawal upon granting this consent; or
the entrepreneur has failed to confirm this statement from the consumer.
If the consumer exercises their right of withdrawal, all supplementary agreements are automatically dissolved.

Article 9 - Obligations of the Entrepreneur upon Withdrawal

If the entrepreneur allows the consumer to notify their withdrawal electronically, they must send a confirmation of receipt promptly after receiving this notification.
The entrepreneur will reimburse 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 the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait to refund until they have received the product or until the consumer has demonstrated that they have returned the product, whichever is earlier.
The entrepreneur will use the same payment method for reimbursement that the consumer used, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of Right of Withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if they have clearly stated this at the offer, at least in a timely manner before concluding the agreement:

Products or services whose price is linked to fluctuations in the financial market which the entrepreneur cannot influence and which may occur during the withdrawal period;
Agreements concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content, and/or services are offered by the entrepreneur to the consumer who is physically present or has the opportunity to be present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to take the products, digital content, and/or services;
Service agreements, after full execution of the service, but only if:
the execution has begun with the explicit prior consent of the consumer; and
the consumer has declared that they lose their right of withdrawal as soon as the entrepreneur has fully executed the agreement;
Package tours as defined in Article 7:500 of the Civil Code and agreements for passenger transport;
Service agreements for the provision of accommodation, provided that the agreement specifies a particular date or period of execution and is not for residential purposes, transport of goods, car rental services, and catering;
Agreements related to leisure activities, provided that the agreement specifies a particular date or period of execution;
Products manufactured according to the consumer's specifications that are not prefabricated and that are made based on an individual choice or decision of the consumer, or that are clearly intended for a specific person;
Products that are perishable 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;
Alcoholic beverages whose price is agreed upon at the conclusion of the agreement, but whose delivery may only take place after 30 days, and whose actual value depends on fluctuations in a market that the entrepreneur cannot influence;
Sealed audio, video recordings, and computer software, whose seal has been broken after delivery;
Newspapers, magazines, or periodicals, except for subscriptions to them;
The delivery of digital content other than on a tangible medium, but only if:
the execution has begun with the explicit prior consent of the consumer; and
the consumer has declared that they lose their right of withdrawal by doing so.

Article 11 - The Price

During 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 fluctuations in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are linked to fluctuations in the financial market and which the entrepreneur cannot influence at variable prices. This link to fluctuations and the fact that any listed prices are indicative will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they result from legal regulations or provisions.
Price increases after 3 months from the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
they result from legal regulations or provisions; or
the consumer has the authority to terminate the agreement starting from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services are including VAT.

Article 12 - Compliance with the Agreement and Additional Guarantee

The 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 legal provisions and/or government regulations existing at the time of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
An additional guarantee provided by the entrepreneur, their supplier, manufacturer, or importer never restricts the legal rights and claims that the consumer can invoke against the entrepreneur based on the agreement if the entrepreneur has failed to comply with their part of the agreement.
Additional guarantee means any commitment by the entrepreneur, their supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to do in case of failure to comply with their part of the agreement.

Article 13 - Delivery and Execution

The entrepreneur will exercise the utmost care in receiving and executing orders of products and in assessing requests for the provision of services.
The place of delivery is the address that the consumer has communicated to the entrepreneur.
With consideration of the provisions regarding this in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than within 30 days, unless another delivery period has been agreed upon. If delivery is delayed or if an order cannot or can only be partially be fulfilled, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
After dissolution according to the previous paragraph, the entrepreneur will promptly refund the amount the consumer has paid.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or to a representative designated in advance and known to the entrepreneur, unless otherwise agreed upon.

Article 14 - Duration Transactions: Duration, Termination, and Extension

Termination:

The consumer may terminate an agreement that is concluded for an indefinite period and that aims at the regular delivery of products (including electricity) or services at any time, observing any agreed-upon termination rules and a notice period of no more than one month.
The consumer may terminate an agreement that is concluded for a specific period and that aims at the regular delivery of products (including electricity) or services any time before the expiration of the agreed period, observing any agreed-upon termination rules and a notice period of no more than one month.
The consumer may terminate the agreements mentioned in the previous paragraphs:
at any time and not be limited to termination at a specific time or during a specific period;
terminate at least in the same manner as they were entered into;
always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension:

An agreement concluded for a specific period that aims at the regular delivery of products (including electricity) or services may not be silently extended or renewed for a specific duration.
In deviation from the previous paragraph, an agreement concluded for a specific period that aims at the regular delivery of daily newspapers, news, and weekly publications may be silently extended for a specific duration of a maximum of three months, provided that the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
An agreement concluded for a specific period that aims at the regular delivery of products or services may only be silently extended for an indefinite duration if the consumer may terminate it at any time with a notice period of no more than one month. The notice period is a maximum of three months when the agreement aims at the regular, but less than once a month, delivery of day, news, and weekly newspapers and periodicals.
An agreement with a limited duration for the regular delivery of day, news, and weekly newspapers and periodicals (trial or introductory subscription) will not be continued silently and will automatically end after the trial or introduction period.

Duration:

If an agreement has a duration of more than a year, the consumer may terminate the agreement at any time after a 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 15 - Payment

Unless otherwise agreed in the agreement or additional terms, the amounts owed by the consumer must be paid within 14 days of the start of the reflection period, or in the absence of a reflection period within 14 days of the conclusion of the agreement. In case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
In the sale of products to consumers, the consumer may never be obliged in general terms to make a prepayment of more than 50%. When a prepayment has been stipulated, the consumer may not assert any rights regarding the execution of the relevant order or services before the stipulated prepayment has been made.
The consumer is obliged to report any inaccuracies in provided or specified payment details to the entrepreneur without delay.
If the consumer does not timely fulfill their payment obligation(s), they, after being pointed out by the entrepreneur regarding the late payment, will be given a 14-day period to fulfill their payment obligations, and after the absence of payment within this 14-day term, owe the statutory interest on the overdue amount and the entrepreneur is entitled to charge the extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the following €2,500; and 5% on the next €5,000, with a minimum of €40. The entrepreneur may deviate from the mentioned amounts and percentages in favor of the consumer.

Article 16 - Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has noticed 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 a confirmation of receipt and an indication of when the consumer can expect a more detailed response.
The consumer should give the entrepreneur at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is subject to dispute resolution.

Article 17 - Disputes

The agreements between the entrepreneur and the consumer to which these general terms and conditions apply, are exclusively governed by Dutch law.

Article 18 - 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 they can be stored by the consumer in an accessible manner on a durable medium.

Annex I: Model Withdrawal Form

Model Withdrawal Form

(this form should only be filled out and returned if you wish to withdraw from the agreement)

- To: [ entrepreneur's name]
[ entrepreneur's geographical address]
[ entrepreneur's fax number, if available]
[ entrepreneur's email or electronic address]

- I/We* hereby inform you that I/we* withdraw from our agreement concerning:
the sale of the following products: [product description]*
the delivery of the following digital content: [description of digital content]*
the provision of the following service: [description of service]*,
withdraw/were withdrawn*

- Ordered on*/received on* [date of order for services or receipt for products]

- [Name(s) of consumer(s)]

- [Address of consumer(s)]

- [Signature of consumer(s)] (only if this form is submitted on paper)

* Cross out what does not apply or fill in what applies.