GENERAL TERMS (WESTFIELD LONDON)
Article 1 – Definitions
In these terms, the following meanings apply:
Right of withdrawal: the period during which the consumer can exercise their right to withdraw from the purchase;
Consumer: the individual who is not acting in the course of business or trade and enters into a distance contract with a trader;
Day: calendar day;
Continuing transaction: a distance contract concerning a series of products and/or services, where the obligation for delivery and/or consumption is spread over time;
Durable medium: any medium allowing the consumer or trader to store information personally addressed to them in a way that enables future reference and unchanged reproduction of the stored information.
Trader: the individual or legal entity offering products and/or services at a distance to consumers;
Distance contract: a contract concluded within the framework of a system organised by the trader for the remote sale of products and/or services, using exclusively one or more means of remote communication up to and including the conclusion of the contract;
Means of remote communication: any means that can be used to conclude a contract without the parties being physically together.
General terms and conditions: these general terms and conditions from the trader.
Article 2 – Trader's Identity
VAT registration number: 90486269
Papaverweg 34
1032KJ Amsterdam
Article 3 – Applicability
These general terms and conditions apply to any offer from the trader and to any distance contract and orders between the trader and the consumer.
Before entering into the distance contract, the text of these general terms and conditions will be made available to the consumer.
If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the trader's premises and will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions, in deviation from the preceding paragraph and before the distance contract is concluded, will 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 electronically accessed, and that they will be sent to the consumer free of charge upon request.
In the event that specific product or service terms and conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer can always invoke the provision that is most favourable to him.
If one or more provisions in these general terms and conditions are wholly or partially invalid or are annulled at any time, the agreement and these conditions will otherwise remain in force, and the provision in question will be replaced immediately by a provision that comes as close as possible to the original.
Situations not regulated in these general terms and conditions shall 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 shall be interpreted "in the spirit" of these general terms and conditions.
Article 4 – The Offer
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The trader is entitled to change 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 assess the offer accurately. If the trader uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the trader.
All images, specifications in the offer are indicative and cannot lead to compensation or termination of the agreement. Images of products are a true representation of the products offered. The trader cannot guarantee that the displayed colours accurately match the genuine colours of the products.
Any offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
the price including taxes; any additional costs will be borne by the customer and at the customer's risk. The postal and/or courier service will apply the special scheme for postal and courier services with regard to import. This scheme applies when the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service will collect VAT (either alone or together with customs duties charged) from the recipient of the goods.
any delivery costs;
how the agreement will be concluded and what actions this will require;
whether the right of withdrawal applies or not;
the period for accepting the offer, or the period for maintaining the price;
the level of the rate for remote communication, if the costs of using the technology for remote communication are calculated on a basis other than the basic rate for the communication medium used;
whether the agreement will be archived after its conclusion, and how it can be accessed by the consumer;
how the consumer, before the conclusion of the agreement, can check the information provided by him in connection with the agreement, and repair it if desired;
any other languages in which the agreement can be concluded in addition to Danish;
the codes of conduct to which the trader is subject, and how the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a continuing transaction.
Optional: available sizes, colours, types of materials.
Article 5 – The Agreement
The agreement, subject
to the provisions of paragraph 4, is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the agreement as long as this acceptance has not been confirmed by the trader.
If the agreement is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader will observe the necessary security measures.
The trader can, within the legal framework, obtain information about whether the consumer can meet his payment obligations, as well as about all those facts and factors relevant to responsibly entering into a distance contract. If, based on this investigation, the trader has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.
At the latest upon delivery of the product, service or digital content to the consumer, the trader will send the following information in writing or in such a way that the consumer can store it on a durable medium:
the visiting address of the establishment of the trader where the consumer can lodge complaints;
the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about guarantees and existing service after purchase;
the data included in Article 4 paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer prior to the execution of the agreement;
the requirements for cancelling the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the event of a continuing transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without giving any reason during a cooling-off period of at least 14 days. The trader may ask the consumer about the reason for withdrawal, but cannot oblige him to state his reason(s).
The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, 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 him, has received the last product. The trader may refuse an order for several products with different delivery times, provided he has informed the consumer clearly prior to 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 him, has received the last shipment or the last part;
in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
In the case of services and digital content that is not delivered on a tangible medium:
The consumer can dissolve the agreement without giving any reason for at least 14 days from the day of entering into the agreement.
The trader will inform the consumer of the fact that no right of withdrawal exists if the consumer gives his express consent. The trader only starts with the execution of the service or the delivery of digital content after the consumer has given his consent.
The consumer has a right of withdrawal if he has not been informed of the right of withdrawal.
The cooling-off period referred to in paragraph 3 starts on the day following the day on which the consumer entered into the agreement.
Extensive provision for additional or different rights of withdrawal in the event of non-disclosure of the right of withdrawal by the trader.
Article 7 – Obligations of the Consumer during the Cooling-off Period
During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics, and operation of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
The consumer is only liable for the product's depreciation resulting from a way of handling the product that goes beyond what is permitted in paragraph 1.
The consumer is not liable for the depreciation of the product if the trader has not provided him with all legally required information about the right of withdrawal before the conclusion of the agreement.
Article 8 – Exercise of the Right of Withdrawal by the Consumer and the Trader's Costs
If the consumer exercises his right of withdrawal, he shall notify the trader of this within the cooling-off period by means of the standard form for withdrawal 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 returns the product, or hands it over to (a representative of) the trader. This is not necessary if the trader has offered to collect the product himself. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product. If the trader has not reported that the consumer has to bear these costs, or if the trader indicates to bear the costs himself, the consumer does not have to bear the costs for the return.
If the consumer withdraws after first expressly requesting that the performance of the service or the supply of gas, water, or electricity not ready for sale be commenced in a limited volume or quantity during the cooling-off period, the consumer owes the trader an amount proportional to that part of the obligation already fulfilled by the trader at the time of withdrawal, compared to the full fulfilment of the obligation.
The consumer bears no costs for the full or partial delivery of digital content not supplied on a tangible medium if:
he has not expressly agreed to the start of the performance of the agreement before the end of the cooling-off period;
he has not acknowledged losing his right of withdrawal when giving his consent; or
the trader has failed to confirm this statement from the consumer.
If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9 – Obligations of the Trader in Case of Withdrawal
If the trader makes the notification of withdrawal by the consumer possible electronically, he shall immediately send a confirmation of receipt after receiving this notification.
The trader will reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the trader offers to collect the product himself, he may wait with the reimbursement until he has received the product or until the consumer demonstrates that he has returned the product, whichever comes first.
The trader uses the same means of payment for reimbursement as 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 trader does not have to reimburse the additional costs for the more expensive method.
Article 10 – Exclusion of the Right of Withdrawal
The trader
can exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, at least in time for the conclusion of the agreement:
Products or services whose price is subject to fluctuations in the financial market on which the trader has no influence and which may occur within the withdrawal period;
Agreements concluded during a public auction. A public auction means a sales method whereby products, digital content, and/or services are offered by the trader to the consumer who is personally present or has the opportunity to be personally present at the auction, conducted by an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services;
Service contracts, after full performance of the service, but only if:
the performance has begun with the consumer's prior express consent; and
the consumer has declared that he will lose his right of withdrawal as soon as the trader has fully performed the agreement;
Services for accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
Products made to the consumer's specifications, which are not prefabricated and which are made on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products that, by their nature, have been irrevocably mixed with other products after delivery;
Alcoholic beverages, the price of which has been agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the trader has no influence;
Sealed audio and video recordings and computer software, the seal of which has been broken after delivery;
Newspapers, periodicals, or magazines, with the exception of subscriptions to these;
The provision of betting and lottery services.
Exclusion of the right of withdrawal is only possible for services:
regarding accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
whose delivery has started with the consumer's express consent before the cooling-off period has expired;
regarding betting and lottery services.
Article 11 – Price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased except for price changes due to changes in VAT rates.
Notwithstanding the preceding paragraph, the trader may offer products or services at variable prices that are subject to fluctuations in the financial market and over which the trader has no influence. This bondage to fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:
they are the result of statutory regulations or provisions; or
the consumer has the authority to terminate the agreement on the day the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
Article 12 – Fulfilment and Additional Guarantee
The trader 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 the conclusion of the agreement.
An additional guarantee provided by the trader, his supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the trader under the agreement if the trader has failed to fulfil his part of the agreement.
An additional guarantee is understood to mean any commitment by the trader, his supplier, importer, or manufacturer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfil his part of the agreement.
Article 13 – Delivery and Execution
The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
With due observance of what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but not later than within 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
After dissolution in accordance with the preceding paragraph, the trader will immediately refund the amount paid by the consumer.
The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a pre-designated and announced representative to the trader, unless expressly agreed otherwise.
Optional: "When a consumer reports to the company that a product has been damaged or lost during transport, the trader will replace the product free of charge or ensure a suitable solution. The consumer must report this within a reasonable time."
Article 14 – Continuing Transaction: Duration, Termination and Extension
Termination
The consumer may at all times terminate an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services, with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may at all times terminate an agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services at the end of the fixed period, with due observance of the agreed termination rules and a notice period of no more than one month.
Extension
An agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a definite period.
Notwithstanding the preceding paragraph, an agreement that has been concluded for a definite period and that extends to the regular delivery of daily or weekly newspapers, magazines, and magazines may be tacitly renewed for a fixed period 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 that has been concluded for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, weekly, and periodical newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, weekly, and periodical newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time with a notice period of no more than one month unless reasonableness and fairness are opposed to cancellation before the end of the agreed duration.
Article 15 – Payment
As far as no other date has been agreed upon, amounts payable by the consumer must be paid
within 14 days after the cooling-off period referred to in Article 6 paragraph 1 has started. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. If an advance payment has been 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 immediately report inaccuracies in payment details provided or stated to the trader.
If the consumer does not fulfil his payment obligation(s) in time, after the trader has pointed out the late payment to the consumer and the trader has given the consumer a period of 14 days to still fulfil his payment obligations, after the failure to pay within this 14-day period, the statutory interest is due on the amount owed, and the trader is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500, and 5% on the next € 5,000, with a minimum of € 40. The trader may deviate from the aforementioned amounts and percentages to the benefit of the consumer.
Article 16 – Complaints Procedure
The trader has a well-publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted to the trader within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
Article 17 – Disputes
Agreements between the trader and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law.
Even if the consumer is domiciled abroad, only Dutch law applies to the agreement concluded between the trader and the consumer.
The Vienna Sales Convention (CISG) does not apply.
Article 18 – Additional or Deviating Provisions
Additional provisions of or deviations from these general terms and conditions may not be to the consumer's disadvantage 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.
In these terms, the following meanings apply:
Right of withdrawal: the period during which the consumer can exercise their right to withdraw from the purchase;
Consumer: the individual who is not acting in the course of business or trade and enters into a distance contract with a trader;
Day: calendar day;
Continuing transaction: a distance contract concerning a series of products and/or services, where the obligation for delivery and/or consumption is spread over time;
Durable medium: any medium allowing the consumer or trader to store information personally addressed to them in a way that enables future reference and unchanged reproduction of the stored information.
Trader: the individual or legal entity offering products and/or services at a distance to consumers;
Distance contract: a contract concluded within the framework of a system organised by the trader for the remote sale of products and/or services, using exclusively one or more means of remote communication up to and including the conclusion of the contract;
Means of remote communication: any means that can be used to conclude a contract without the parties being physically together.
General terms and conditions: these general terms and conditions from the trader.
Article 2 – Trader's Identity
VAT registration number: 90486269
Papaverweg 34
1032KJ Amsterdam
Article 3 – Applicability
These general terms and conditions apply to any offer from the trader and to any distance contract and orders between the trader and the consumer.
Before entering into the distance contract, the text of these general terms and conditions will be made available to the consumer.
If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the trader's premises and will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions, in deviation from the preceding paragraph and before the distance contract is concluded, will 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 electronically accessed, and that they will be sent to the consumer free of charge upon request.
In the event that specific product or service terms and conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer can always invoke the provision that is most favourable to him.
If one or more provisions in these general terms and conditions are wholly or partially invalid or are annulled at any time, the agreement and these conditions will otherwise remain in force, and the provision in question will be replaced immediately by a provision that comes as close as possible to the original.
Situations not regulated in these general terms and conditions shall 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 shall be interpreted "in the spirit" of these general terms and conditions.
Article 4 – The Offer
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The trader is entitled to change 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 assess the offer accurately. If the trader uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the trader.
All images, specifications in the offer are indicative and cannot lead to compensation or termination of the agreement. Images of products are a true representation of the products offered. The trader cannot guarantee that the displayed colours accurately match the genuine colours of the products.
Any offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
the price including taxes; any additional costs will be borne by the customer and at the customer's risk. The postal and/or courier service will apply the special scheme for postal and courier services with regard to import. This scheme applies when the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service will collect VAT (either alone or together with customs duties charged) from the recipient of the goods.
any delivery costs;
how the agreement will be concluded and what actions this will require;
whether the right of withdrawal applies or not;
the period for accepting the offer, or the period for maintaining the price;
the level of the rate for remote communication, if the costs of using the technology for remote communication are calculated on a basis other than the basic rate for the communication medium used;
whether the agreement will be archived after its conclusion, and how it can be accessed by the consumer;
how the consumer, before the conclusion of the agreement, can check the information provided by him in connection with the agreement, and repair it if desired;
any other languages in which the agreement can be concluded in addition to Danish;
the codes of conduct to which the trader is subject, and how the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a continuing transaction.
Optional: available sizes, colours, types of materials.
Article 5 – The Agreement
The agreement, subject
to the provisions of paragraph 4, is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the agreement as long as this acceptance has not been confirmed by the trader.
If the agreement is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader will observe the necessary security measures.
The trader can, within the legal framework, obtain information about whether the consumer can meet his payment obligations, as well as about all those facts and factors relevant to responsibly entering into a distance contract. If, based on this investigation, the trader has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.
At the latest upon delivery of the product, service or digital content to the consumer, the trader will send the following information in writing or in such a way that the consumer can store it on a durable medium:
the visiting address of the establishment of the trader where the consumer can lodge complaints;
the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about guarantees and existing service after purchase;
the data included in Article 4 paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer prior to the execution of the agreement;
the requirements for cancelling the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the event of a continuing transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without giving any reason during a cooling-off period of at least 14 days. The trader may ask the consumer about the reason for withdrawal, but cannot oblige him to state his reason(s).
The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, 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 him, has received the last product. The trader may refuse an order for several products with different delivery times, provided he has informed the consumer clearly prior to 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 him, has received the last shipment or the last part;
in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
In the case of services and digital content that is not delivered on a tangible medium:
The consumer can dissolve the agreement without giving any reason for at least 14 days from the day of entering into the agreement.
The trader will inform the consumer of the fact that no right of withdrawal exists if the consumer gives his express consent. The trader only starts with the execution of the service or the delivery of digital content after the consumer has given his consent.
The consumer has a right of withdrawal if he has not been informed of the right of withdrawal.
The cooling-off period referred to in paragraph 3 starts on the day following the day on which the consumer entered into the agreement.
Extensive provision for additional or different rights of withdrawal in the event of non-disclosure of the right of withdrawal by the trader.
Article 7 – Obligations of the Consumer during the Cooling-off Period
During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics, and operation of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
The consumer is only liable for the product's depreciation resulting from a way of handling the product that goes beyond what is permitted in paragraph 1.
The consumer is not liable for the depreciation of the product if the trader has not provided him with all legally required information about the right of withdrawal before the conclusion of the agreement.
Article 8 – Exercise of the Right of Withdrawal by the Consumer and the Trader's Costs
If the consumer exercises his right of withdrawal, he shall notify the trader of this within the cooling-off period by means of the standard form for withdrawal 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 returns the product, or hands it over to (a representative of) the trader. This is not necessary if the trader has offered to collect the product himself. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product. If the trader has not reported that the consumer has to bear these costs, or if the trader indicates to bear the costs himself, the consumer does not have to bear the costs for the return.
If the consumer withdraws after first expressly requesting that the performance of the service or the supply of gas, water, or electricity not ready for sale be commenced in a limited volume or quantity during the cooling-off period, the consumer owes the trader an amount proportional to that part of the obligation already fulfilled by the trader at the time of withdrawal, compared to the full fulfilment of the obligation.
The consumer bears no costs for the full or partial delivery of digital content not supplied on a tangible medium if:
he has not expressly agreed to the start of the performance of the agreement before the end of the cooling-off period;
he has not acknowledged losing his right of withdrawal when giving his consent; or
the trader has failed to confirm this statement from the consumer.
If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9 – Obligations of the Trader in Case of Withdrawal
If the trader makes the notification of withdrawal by the consumer possible electronically, he shall immediately send a confirmation of receipt after receiving this notification.
The trader will reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the trader offers to collect the product himself, he may wait with the reimbursement until he has received the product or until the consumer demonstrates that he has returned the product, whichever comes first.
The trader uses the same means of payment for reimbursement as 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 trader does not have to reimburse the additional costs for the more expensive method.
Article 10 – Exclusion of the Right of Withdrawal
The trader
can exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, at least in time for the conclusion of the agreement:
Products or services whose price is subject to fluctuations in the financial market on which the trader has no influence and which may occur within the withdrawal period;
Agreements concluded during a public auction. A public auction means a sales method whereby products, digital content, and/or services are offered by the trader to the consumer who is personally present or has the opportunity to be personally present at the auction, conducted by an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services;
Service contracts, after full performance of the service, but only if:
the performance has begun with the consumer's prior express consent; and
the consumer has declared that he will lose his right of withdrawal as soon as the trader has fully performed the agreement;
Services for accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
Products made to the consumer's specifications, which are not prefabricated and which are made on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products that, by their nature, have been irrevocably mixed with other products after delivery;
Alcoholic beverages, the price of which has been agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the trader has no influence;
Sealed audio and video recordings and computer software, the seal of which has been broken after delivery;
Newspapers, periodicals, or magazines, with the exception of subscriptions to these;
The provision of betting and lottery services.
Exclusion of the right of withdrawal is only possible for services:
regarding accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
whose delivery has started with the consumer's express consent before the cooling-off period has expired;
regarding betting and lottery services.
Article 11 – Price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased except for price changes due to changes in VAT rates.
Notwithstanding the preceding paragraph, the trader may offer products or services at variable prices that are subject to fluctuations in the financial market and over which the trader has no influence. This bondage to fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:
they are the result of statutory regulations or provisions; or
the consumer has the authority to terminate the agreement on the day the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
Article 12 – Fulfilment and Additional Guarantee
The trader 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 the conclusion of the agreement.
An additional guarantee provided by the trader, his supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the trader under the agreement if the trader has failed to fulfil his part of the agreement.
An additional guarantee is understood to mean any commitment by the trader, his supplier, importer, or manufacturer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfil his part of the agreement.
Article 13 – Delivery and Execution
The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
With due observance of what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but not later than within 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
After dissolution in accordance with the preceding paragraph, the trader will immediately refund the amount paid by the consumer.
The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a pre-designated and announced representative to the trader, unless expressly agreed otherwise.
Optional: "When a consumer reports to the company that a product has been damaged or lost during transport, the trader will replace the product free of charge or ensure a suitable solution. The consumer must report this within a reasonable time."
Article 14 – Continuing Transaction: Duration, Termination and Extension
Termination
The consumer may at all times terminate an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services, with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may at all times terminate an agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services at the end of the fixed period, with due observance of the agreed termination rules and a notice period of no more than one month.
Extension
An agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a definite period.
Notwithstanding the preceding paragraph, an agreement that has been concluded for a definite period and that extends to the regular delivery of daily or weekly newspapers, magazines, and magazines may be tacitly renewed for a fixed period 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 that has been concluded for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, weekly, and periodical newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, weekly, and periodical newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time with a notice period of no more than one month unless reasonableness and fairness are opposed to cancellation before the end of the agreed duration.
Article 15 – Payment
As far as no other date has been agreed upon, amounts payable by the consumer must be paid
within 14 days after the cooling-off period referred to in Article 6 paragraph 1 has started. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. If an advance payment has been 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 immediately report inaccuracies in payment details provided or stated to the trader.
If the consumer does not fulfil his payment obligation(s) in time, after the trader has pointed out the late payment to the consumer and the trader has given the consumer a period of 14 days to still fulfil his payment obligations, after the failure to pay within this 14-day period, the statutory interest is due on the amount owed, and the trader is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500, and 5% on the next € 5,000, with a minimum of € 40. The trader may deviate from the aforementioned amounts and percentages to the benefit of the consumer.
Article 16 – Complaints Procedure
The trader has a well-publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted to the trader within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
Article 17 – Disputes
Agreements between the trader and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law.
Even if the consumer is domiciled abroad, only Dutch law applies to the agreement concluded between the trader and the consumer.
The Vienna Sales Convention (CISG) does not apply.
Article 18 – Additional or Deviating Provisions
Additional provisions of or deviations from these general terms and conditions may not be to the consumer's disadvantage 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.