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 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and guarantee
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination, and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
- Cooling-off period: the period within which the consumer can make use of their right of withdrawal;
- Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
- Day: calendar day;
- Continuous transaction: a distance contract concerning a series of products and/or services, for which the supply and/or purchase obligation is spread over time;
- Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
- Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
- Model form: the model form for withdrawal provided by the entrepreneur that a consumer can fill in when they wish to exercise their right of withdrawal.
- Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
- Distance contract: a contract concluded within the framework of an organized system by the entrepreneur for distance selling of products and/or services, whereby up to and including the conclusion of the contract, only one or more techniques for distance communication are used;
- Technique for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur being together in the same space simultaneously.
- General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
driessenstoffen.nl
Frank Driessen
Energieweg 14b
5071 NP Udenhout
Phone: 0031(0)621171011
[email protected]
Chamber of Commerce number: 17263124
VAT identification number: NL207284465B.01
Article 3 - Applicability
- These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer.
- Before the distance contract is concluded, 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 entrepreneur's premises and will be sent free of charge to the consumer as soon as possible upon request.
- If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge electronically or otherwise upon request by the consumer.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to them.
- If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions will remain in effect for the rest, and the relevant provision will be replaced immediately by mutual agreement with a provision that approximates the intent of the original as closely as possible.
- Situations that are not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
- Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be explained 'in the spirit' of these general terms and conditions.
Article 4 - The Offer
- If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.
- The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
- The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Apparent mistakes or errors in the offer do not bind the entrepreneur.
- All images, specifications in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
- Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
- Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This particularly concerns:
- the price including taxes;
- any costs of delivery;
- the manner in which the agreement will be concluded and which actions are required for this;
- whether or not the right of withdrawal is applicable;
- the method of payment, delivery, and execution of the agreement;
- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the amount of the rate for remote communication if the costs of using the remote communication technique are calculated on a basis other than the regular basic rate for the used communication means;
- whether the agreement will be archived after its conclusion, and if so, in what way it can be consulted by the consumer;
- the way in which the consumer can check and, if desired, restore the data provided by him in the context of the agreement before concluding the agreement;
- any other languages in which, in addition to Dutch, the agreement can be concluded;
- the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance agreement in case of a continuous transaction.
Article 5 - The Agreement
- The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the associated conditions.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as 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 pay electronically, the entrepreneur will observe appropriate security measures.
- The entrepreneur can, within legal frameworks, inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If the entrepreneur has good reasons based on this investigation not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
- The entrepreneur will provide the consumer with the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, with the product or service:
- the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
- the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information about guarantees and existing after-purchase service;
- the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
- In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
- Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.
Article 6 - Right of Withdrawal
Upon delivery of products:
- When purchasing products, the consumer has the option to dissolve the agreement without stating reasons for a period of 14 days. This reflection period starts on the day after the consumer or a representative previously designated by the consumer and made known to the entrepreneur receives the product.
- During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
- If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days after receiving the product. The consumer must make this known using the model form. After the consumer has made it known that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
- If the customer has not made it known after the terms mentioned in paragraphs 2 and 3 that he wishes to exercise his right of withdrawal and has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 - Costs in the event of withdrawal
- If the consumer makes use of his right of withdrawal, at most the costs of return shipping will be at his expense.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. However, the condition is that the product has already been received back by the online retailer or conclusive proof of complete return can be provided.
Article 8 - Exclusion of the right of withdrawal
- The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before the conclusion of the agreement.
- Exclusion of the right of withdrawal is only possible for products:
- that have been created by the entrepreneur in accordance with the consumer's specifications; Custom-made items are excluded from the right of withdrawal and therefore cannot be returned.
- that are clearly personal in nature;
- that by their nature cannot be returned;
- that can spoil or age quickly;
- whose price is dependent on fluctuations in the financial market over which the entrepreneur has no influence;
- for single newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has broken the seal.
- for hygiene products of which the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- concerning accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
- whose delivery has begun with the consumer's express consent before the cooling-off period has expired;
- concerning bets and lotteries.
Article 9 - The price
- During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
- Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any mentioned prices are target prices will be stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only allowed if they result from statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
- they result from statutory regulations or provisions; or
- the consumer has the authority to terminate the agreement from the day the price increase takes effect.
- The prices mentioned in the offer of products or services include VAT.
- All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and Warranty
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
- A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 5 days of delivery. Products must be returned in their original packaging and in new condition.
- The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for every individual application by the consumer, nor for any advice regarding the use or application of the products.
- The warranty does not apply if:
- The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
- The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
- The defectiveness is entirely or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.
Article 11 - Delivery and execution
- The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
- The place of delivery shall be the address that the consumer has made known to the company.
- With due observance of what is stated in paragraph 4 of this article, the company shall execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer shall receive notification of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement at no cost. The consumer is not entitled to compensation.
- All delivery periods are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation.
- In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
- If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement article available. At the latest upon delivery, it will be clearly and understandably communicated that a replacement article is being delivered. The right of withdrawal cannot be excluded for replacement articles. The costs of any return shipment are borne by the entrepreneur.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and disclosed representative to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Long-term transactions: duration, termination, and renewal
Termination
- The consumer can terminate an agreement that has been entered into for an indefinite period and that aims at the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of no more than one month.
- The consumer can terminate an agreement that has been entered into for a definite period and that aims at the regular delivery of products (including electricity) or services, at any time at the end of the specified duration with due observance of the agreed termination rules and a notice period of no more than one month.
- The consumer can terminate the agreements mentioned in the previous paragraphs:
- at any time and not be limited to termination at a specific time or in a specific period;
- at least terminate in the same way as they were entered into by him;
- always terminate with the same notice period that the entrepreneur has stipulated for himself.
Extension
- An agreement that has been entered into for a definite period and that aims at the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.
- In deviation from the previous paragraph, an agreement that has been entered into for a definite period and that aims at the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite period of up to three months, if 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 that has been entered into for a definite period and that aims at the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than three months in case the agreement aims at the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
- An agreement with a limited duration for the regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration
- If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one 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 13 - Payment
- Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the commencement of the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
- The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
- In the event of non-payment by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge the reasonable costs made known to the consumer in advance.
Article 14 - 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 7 days after the consumer has discovered the defects.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
- In the event of complaints, a consumer must first turn to the entrepreneur. For complaints that cannot be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If no solution is reached, the consumer has the option to have their complaint handled by Stichting GeschilOnline (www.geschilonline.com), the decision of which is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this dispute committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to report complaints via the European ODR platform (http://ec.europa.eu/odr).
- A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
- If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.
Article 15 - Disputes
- Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. This also applies if the consumer resides abroad.
- The Vienna Sales Convention does not apply.
Article 16 - 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 data carrier.