Terms of use

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between the third party and the entrepreneur;
Reflection period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act for purposes related to his trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
Durable data carrier: any tool – including e-mail – that enables the consumer or entrepreneur to store information that is personally addressed to him or her in a manner that prevents future consultation or use during a period that is tailored to the purpose. for which the information is intended, and which allows unaltered reproduction of the stored information;
Right of withdrawal: the consumer’s option to cancel the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who is a member of Thuiswinkel.org and who offers products, (access to) digital content and/or services to consumers at a distance;
Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby exclusive or joint use is made up to and including the conclusion of the agreement. one or more techniques for remote communication;
Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions. Annex I does not have to be made available if the consumer has no right of withdrawal with regard to his order;
Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to meet in the same room at the same time.
Article 2 – Identity of the entrepreneur

On request
VAT Number: NL002474932B86

These terms and conditions apply to any offer from
the entrepreneur and on any concluded agreement on
distance and orders between entrepreneur and consumer.
Before the distance contract is concluded, the text
of these terms and conditions available to the consumer
asked. If this is not reasonably possible, before the
distance contract is concluded, it is indicated that
the general terms and conditions can be viewed at the entrepreneur and they
request of the consumer as soon as possible free of charge
sent.
If the distance contract is concluded electronically,
by way of derogation from the previous paragraph and before the agreement is
distance is closed, the text of these terms and conditions
be made available to the consumer electronically
set in such a way that it can be used by the consumer in a
can be stored easily in a sustainable way
data carrier. If this is not reasonably possible, before
the distance contract is concluded, are indicated
of which the general terms and conditions can be electronically
be taken cognizance of and that, at the request of the consumer, they

Article 3 – Applicability

These terms and conditions apply to any offer from
the entrepreneur and on any concluded agreement on
distance and orders between entrepreneur and consumer.
Before the distance contract is concluded, the text
of these terms and conditions available to the consumer
asked. If this is not reasonably possible, before the
distance contract is concluded, it is indicated that
the general terms and conditions can be viewed at the entrepreneur and they
request of the consumer as soon as possible free of charge
sent.
If the distance contract is concluded electronically,
by way of derogation from the previous paragraph and before the agreement is
distance is closed, the text of these terms and conditions
be made available to the consumer electronically
set in such a way that it can be used by the consumer in a
can be stored easily in a sustainable way
data carrier. If this is not reasonably possible, before
the distance contract is concluded, are indicated
of which the general terms and conditions can be electronically
be taken cognizance of and that, at the request of the consumer, they

electronically or otherwise will be free of charge
sent.
In the event that in addition to these general terms and conditions,
specific product or service terms apply,
the second and third paragraphs apply mutatis mutandis and the
consumer in the event of conflicting terms and conditions
always invoke the applicable provision that applies to him
most favorable.
If one or more provisions in these general terms and conditions
be void or destroyed in whole or in part at any time
become, then the agreement and these terms and conditions for the
other in effect and the relevant provision will be agreed upon by mutual agreement
be replaced without delay by a provision that the scope of
close to the original as much as possible.
Situations that are not regulated in these general terms and conditions,
should be judged “in the spirit” of this general
requirements.
Uncertainties about the explanation or content of one or more
provisions of our terms and conditions shall be construed “to”
the spirit” of these terms and conditions.

Article 4 – The offer
If an offer has a limited period of validity or is
conditions, this is expressly stated in the offer
mention.
The offer is without obligation. The entrepreneur is entitled to accept the offer
to change and adapt.
The offer contains a complete and accurate description of the
products and/or services offered. The description is sufficient
detailed to allow a proper assessment of the offer by the
enable consumers. If the entrepreneur uses
of images, these are a true representation of the
products and/or services offered. Obvious mistakes or
obvious errors in the offer are not binding on the entrepreneur.

All images, specifications data in the offer are indicative
and cannot give rise to compensation or dissolution
of the agreement.
Images accompanying products are a true representation
of the products offered. Entrepreneur cannot guarantee
that the colors shown correspond exactly to the real ones
colors of the products.
Each offer contains such information that for the consumer
it is clear what the rights and obligations are, which are
acceptance of the offer. This concerns in the
special:
the price including taxes;
any shipping costs;
the manner in which the agreement will be concluded and which
actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the agreement;
the term for acceptance of the offer, or the term
within which the entrepreneur guarantees the price;
the amount of the tariff for distance communication if the
costs of using the technology for communication on
distance are calculated on a different basis than the regular
basic rate for the means of communication used;
whether the agreement will be archived after its conclusion, and if
yes, how it can be consulted by the consumer;
the way in which the consumer, before closing the
agreement, the by him within the framework of the agreement
can check the data provided and restore it if desired;
any other languages ​​in which, in addition to Dutch, the
agreement can be concluded;

the codes of conduct to which the entrepreneur is subject
and the way in which consumers pass these codes of conduct
can consult electronically; and
the minimum duration of the distance contract in the event of a
expensive transaction.
Optional: available sizes, colours, type of materials.

Article 5 – The agreement
Subject to the provisions of paragraph 4, the agreement
established at the time of acceptance by the consumer of
the offer and the fulfillment of the conditions set therein.
If the consumer has made the offer electronically
accepted, the entrepreneur immediately confirms electronically
upon receipt of acceptance of the offer. As long as the
receipt of this acceptance is not by the entrepreneur
confirmed, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the
entrepreneur appropriate technical and organizational measures
to secure the electronic transmission of data and ensures
for a secure web environment. If the consumer electronically
can pay, the entrepreneur will make appropriate
observe safety measures.
The entrepreneur can – within legal frameworks – inform himself
determine whether the consumer can meet his payment obligations
comply, as well as all those facts and factors that are important for
a responsible conclusion of the distance contract. In the event that
the entrepreneur has good grounds on the basis of this investigation
not to enter into the agreement, he is entitled to substantiate
to refuse an order or request or to the execution
attach special conditions.
The entrepreneur will provide the consumer with the product or service
the following information, in writing or in such a way that it is
the consumer can be stored in an accessible way
on a durable data carrier, enclose:
a. the visiting address of the establishment of the entrepreneur where the
consumer can go with complaints;

b. the conditions under which and the manner in which the consumer of
can use the right of withdrawal, or a clear
notification regarding the exclusion of the right of withdrawal;
c. the information about guarantees and existing after-sales service;
d. the information included in Article 4 paragraph 3 of these terms and conditions,
unless the entrepreneur has already provided this information to the consumer
provided before the execution of the agreement;
e. the requirements for termination of the contract if the
agreement has a duration of more than one year or of
is indefinite.
In the case of an expensive transaction, the provision in the previous paragraph is 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
When purchasing products, the consumer has the option
to dissolve the agreement without stating reasons
for 14 days. This reflection period starts on the day after
receipt of the product by the consumer or an advance notice by the
designated consumer and made known to the entrepreneur
representative.
During the reflection period, the consumer will handle the
product and packaging. He will only use the product to that extent
unpack or use as necessary to be able
assess whether he wishes to keep the product. If he likes his
makes use of the right of withdrawal, he will return the product with all
supplied accessories and – if reasonably possible – in the
return the original condition and packaging to the entrepreneur,
in accordance with the reasonable and clear instructions provided by the entrepreneur
instructions.
When the consumer wishes to use his
right of withdrawal, he is obliged to do this within 14 days, after receipt
of the product to the entrepreneur. Know it
the consumer must do so by means of a written message/

e-mail. After the consumer has made it known to use
wish to exercise his right of withdrawal, the customer must
return within 14 days. The consumer must prove
that the delivered goods have been returned on time, for example by
by means of proof of shipment.
If, after purchasing the terms referred to in paragraphs 2 and 3, the customer
has not indicated that he wishes to make use of his
right of withdrawal or does not have the product to the entrepreneur
returned, the sale is a fact.Article 7 – Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, his
the costs for returning the products for the account
of the consumer.
If the consumer has paid an amount, the entrepreneur will
this amount as soon as possible, but no later than 14 days after
cancellation, refund. However, this is subject to the condition that
product has already been received back by the web retailer or conclusive
proof of complete return can be submitted.
Article 8 – Exclusion right of withdrawal
The entrepreneur can exercise the consumer’s right of withdrawal
exclude for products as described in paragraphs 2 and 3. The
exclusion of the right of withdrawal only applies if the
entrepreneur this clearly in the offer, at least in good time before closing
of the agreement.
Exclusion of the right of withdrawal is only possible for
Products:
a. that have been established by the entrepreneur in accordance with
consumer specifications;
b. which are clearly personal in nature;
c. which by their nature cannot be returned;
d. that can spoil or age quickly
e. whose price is subject to fluctuations in the 7nancial
market over which the entrepreneur has no influence;
f. for loose newspapers and magazines;
g. for audio and video recordings and computer software whose
consumer has broken the seal.
h. for hygienic products of which the consumer
has broken the seal.
Exclusion of the right of withdrawal is only possible for
services:
a. regarding accommodation, transport, restaurant business or leisure activities
to be performed on a specified date or during a specified
period of time;
b. the delivery of which with the express consent of the
consumer has started before the cooling-off period has expired;
c. concerning betting and lotteries

Article 9 – The price
During the period of validity stated in the offer, the
prices of the products and/or services offered are not increased,

subject to price changes due to changes in VAT
prices.

Notwithstanding the previous paragraph, the entrepreneur may purchase 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 bondage to
fluctuations and the fact that any prices quoted
target prices are stated in the offer.
Price increases within 3 months after the conclusion of the
agreement are only permitted if they are the result of
legal regulations or provisions.
Price increases from 3 months after the conclusion of the
agreement are only permitted if the entrepreneur
has stipulated and:

a. they are the result of statutory regulations or provisions; or
b. the consumer has the authority to terminate the agreement
with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services are:
including VAT.
All prices are subject to printing and typographical errors. For the
consequences of printing – and typographical errors does not become liability
accepted. In the event of printing and typographical errors, the entrepreneur is not obliged to
product at the incorrect price.

Artikel 10 – Conformiteit en Garantie
De ondernemer staat er voor in dat de producten en/of diensten
voldoen aan de overeenkomst, de in het aanbod vermelde
speci7caties, aan de redelijke eisen van deugdelijkheid en/of
bruikbaarheid en de op de datum van de totstandkoming van de
overeenkomst bestaande wettelijke bepalingen en/of
overheidsvoorschriften. Indien overeengekomen staat de
ondernemer er tevens voor in dat het product geschikt is voor ander
dan normaal gebruik.
Een door de ondernemer, fabrikant of importeur verstrekte garantie
doet niets af aan de wettelijke rechten en vorderingen die de
consument op grond van de overeenkomst tegenover de
ondernemer kan doen gelden.
Eventuele gebreken of verkeerd geleverde producten dienen binnen
14 dagen na levering aan de ondernemer schriftelijk te worden
gemeld. Terugzending van de producten dient te geschieden in de
originele verpakking en in nieuwstaat verkerend.
De garantietermijn van de ondernemer komt overeen met de
fabrieksgarantietermijn. De ondernemer is echter te nimmer
verantwoordelijk voor de uiteindelijke geschiktheid van de producten
voor elke individuele toepassing door de consument, noch voor
eventuele adviezen ten aanzien van het gebruik of de toepassing van
de producten.
De garantie geldt niet indien:

De consument de geleverde producten zelf heeft gerepareerd en/of
bewerkt of door derden heeft laten repareren en/of bewerken;
De geleverde producten aan abnormale omstandigheden zijn
blootgesteld of anderszins onzorgvuldig worden behandeld of in
strijd zijn met de aanwijzingen van de ondernemer en/of op de
verpakking behandeld zijn;
De ondeugdelijkheid geheel of gedeeltelijk het gevolg is van
voorschriften die de overheid heeft gesteld of zal stellen ten aanzien
van de aard of de kwaliteit van de toegepaste materialen.

Artikel 11 – Levering en uitvoering
De ondernemer zal de grootst mogelijke zorgvuldigheid in acht
nemen bij het in ontvangst nemen en bij de uitvoering van
bestellingen van producten.
Als plaats van levering geldt het adres dat de consument aan het
bedrijf kenbaar heeft gemaakt.
Met inachtneming van hetgeen hierover in artikel 4 van deze
algemene voorwaarden is vermeld, zal het bedrijf geaccepteerde
bestellingen met bekwame spoed doch uiterlijk binnen 30 dagen
uitvoeren, tenzij consument akkoord is gegaan met een langere
leveringstermijn. Indien de bezorging vertraging ondervindt, of
indien een bestelling niet dan wel slechts gedeeltelijk kan worden
uitgevoerd, ontvangt de consument hiervan uiterlijk 30 dagen nadat
hij de bestelling geplaatst heeft bericht. De consument heeft in dat
geval het recht om de overeenkomst zonder kosten te ontbinden en
recht op eventuele schadevergoeding.
In geval van ontbinding conform het vorige lid zal de ondernemer
het bedrag dat de consument betaald heeft zo spoedig mogelijk,
doch uiterlijk binnen 14 dagen na ontbinding, terugbetalen.
Indien levering van een besteld product onmogelijk blijkt te zijn, zal
de ondernemer zich inspannen om een vervangend artikel
beschikbaar te stellen. Uiterlijk bij de bezorging zal op duidelijke en
begrijpelijke wijze worden gemeld dat een vervangend artikel wordt
geleverd. Bij vervangende artikelen kan het herroepingsrecht niet
worden uitgesloten. De kosten van een eventuele retourzending zijn
voor rekening van de ondernemer.

Het risico van beschadiging en/of vermissing van producten berust
bij de ondernemer tot het moment van bezorging aan de consument
of een vooraf aangewezen en aan de ondernemer bekend gemaakte
vertegenwoordiger, tenzij uitdrukkelijk anders is overeengekomen.

Article 12 – Duration transactions: duration, cancellation and extension
cancellation
The consumer can enter into an agreement that is for an indefinite period
entered into and which extends to the regular delivery of products
(including electricity) or services, at all times
cancel with due observance of the agreed upon
cancellation rules and a notice period of no more than one month.
The consumer can conclude a contract that is for a definite period
entered into and which extends to the regular delivery of products
(including electricity) or services, at any time against
cancel at the end of the fixed term with due observance of
agreed cancellation rules and a notice period
of a maximum of one month.
The consumer can use the . referred to in the previous paragraphs
agreements:
cancel at any time and are not limited to cancellation on a
specific time or in a specific period;
at least denounce in the same way as they are by him
entered into;
always cancel with the same notice period as the entrepreneur before
has stipulated itself.
extension
An agreement that has been entered into for a definite period of time and which lasts
to the regular delivery of products (including electricity)
included) or services, may not be tacitly renewed or
renewed for a specified period of time.
Notwithstanding the previous paragraph, an agreement that
a certain time has been entered into and which extends to the regular delivery
of daily news and weeklies and magazines become silent

extended for a fixed period of up to three months, if the
consumer this extended agreement by the end of the
can terminate an extension with a notice period of not more than one
month.
An agreement that has been entered into for a definite period of time and which lasts
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
a maximum of one month and a notice period of a maximum of three
months in the event that the agreement extends to the settled, but
less than once a month, delivery of daily, news and
weeklies and magazines.
An agreement with a limited duration until the arranged
acquaintance with daily, news and weekly newspapers and
magazines (trial or introductory subscription) will not be
continued tacitly and ends automatically after a8oop of the
trial or introductory period.
Duration
If an agreement has a duration of more than one year, the
consumer after one year the agreement at all times with a
notice period of no more than one month, unless the
reasonableness and fairness oppose cancellation before the end of the
to postpone the agreed duration.

Article 13 – Payment
Unless otherwise agreed, the
consumer amounts to be paid within 7
working days after the start of the cooling-off period as referred to in
Article 6, paragraph 1. In the event of an agreement to provide a
service, this period starts after the consumer has received the confirmation
received from the agreement.
The consumer has the duty to correct inaccuracies in provided or
mentioned payment details to the entrepreneur without delay.
In the event of non-payment by the consumer, the entrepreneur has
subject to legal restrictions, the right to
to charge reasonable costs made known to the consumer
bring.

Article 14 – Complaints procedure
Complaints about the implementation of the agreement must be submitted within 7
days are submitted fully and clearly described to the
entrepreneur, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of time
within 14 days from the date of receipt.
If a complaint requires a foreseeable longer processing time,
is by the entrepreneur within the period of 14 days
replied with a notification 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.
A complaint does not suspend the entrepreneur’s obligations,
unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be well-founded by the entrepreneur,
the entrepreneur of his choice or the delivered products free of charge
replace or repair.

Article 15 – Disputes
On agreements between the entrepreneur and the consumer
to which these general terms and conditions apply, is
only Dutch law applies. Even if the
consumer resides abroad.

If an offer has a limited period of validity or is
conditions, this is expressly stated in the offer
mention.
The offer is without obligation. The entrepreneur is entitled to accept the offer
to change and adapt.
The offer contains a complete and accurate description of the
products and/or services offered. The description is sufficient
detailed to allow a proper assessment of the offer by the
enable consumers. If the entrepreneur uses
of images, these are a true representation of the
products and/or services offered. Obvious mistakes or
obvious errors in the offer are not binding on the entrepreneur.

 

 

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