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Article 1 - Definitions
The following definitions apply in these terms and conditions:
Cooling-off period: the period during which the consumer may exercise their right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the professional;
Day: calendar day;
Long-term transaction: a distance contract relating to a series of products and/or services, the obligation to deliver and/or purchase of which is spread over time.
The obligation to deliver and/or purchase is spread over time;
Durable medium: any medium that allows the consumer or professional to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the information stored.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;
Means of distance communication: any means that can be used to conclude an agreement without the consumer and the entrepreneur being simultaneously in the same room.
General terms and conditions: these General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Email address: lassetijnvandruenen@gmail.com
Chamber of Commerce number: 91426561
Article 3 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to
every distance contract and order 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 consulted at the entrepreneur'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, contrary to the previous paragraph and before the conclusion of the distance contract, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier. If this is not reasonably possible, it shall be indicated before the conclusion of the distance contract where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and, in the event of a conflict between the general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to him.
If one or more provisions of these general terms and conditions are at any time wholly or partially void or nullified, the contract and these general terms and conditions will nevertheless remain in force and the provision in question will be replaced without delay by mutual agreement with a provision that comes as close as possible to the purpose of the original.
Situations not provided for in these general terms and conditions must be assessed “in the spirit” of these general terms and conditions.
Any uncertainty about 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 without obligation. The entrepreneur has the right to modify 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 make a proper assessment of the offer.
If the entrepreneur uses images, these represent the products and/or services offered truthfully. Obvious or clear errors in the offer are not binding on the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or termination of the contract.
The images of the products are a faithful representation of the products offered. The operator cannot guarantee that the colors displayed correspond exactly to the actual colors of the products.
Each offer contains information that makes it clear to the consumer what rights and obligations are associated with accepting the offer. This concerns in particular:
the price, excluding customs clearance costs and import VAT. These additional costs shall be borne by and at the risk of the customer. The postal and/or courier service will apply the special regulations for postal and courier services with regard to imports. This regime applies if the goods are imported into the EU country of destination, as in the case in question. The postal and/or courier service collects VAT (together with or without the customs clearance charges applied) from the recipient of the goods;
any shipping costs;
the manner in which the contract is concluded and the actions necessary to do so;
whether or not the right of withdrawal applies;
the terms of payment, delivery, and performance of the contract;
the period for accepting the offer or the period during which the trader guarantees the price;
the level of the distance communication rate if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the contract is filed after its conclusion and, if so, how it can be accessed by the consumer;
the manner in which the consumer, before concluding the contract, can check the data he has provided in the context of the contract and
can check and, if he so wishes, correct the data he has provided in the context of the contract
the languages other than Dutch in which the contract can be concluded;
the codes of conduct to which the trader is subject and the manner in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a transaction of duration. Optional: available sizes, colors, type of materials.
Article 5 - The contract
Without prejudice to the provisions of paragraph 4, the contract shall enter into force at the moment the consumer accepts the offer and meets the conditions set out therein.
If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance of the offer electronically. Until the receipt of such acceptance has been confirmed by the trader, the consumer may withdraw from the contract.
If the contract is concluded electronically, the trader shall take appropriate technical and organizational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures.
The entrepreneur may, within the limits of the law, inquire whether the consumer is able to fulfill his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the contract, he is entitled to refuse an order or request or to impose special conditions for implementation, stating the reasons.
The entrepreneur shall provide the consumer with the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
5. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a transaction of duration, the provision in the previous paragraph shall apply only to the first delivery.
Each agreement is concluded subject to the condition precedent of sufficient availability of the products in question.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option to terminate the contract without giving reasons for a period of 14 days. This cooling-off period begins on the day after the consumer or a representative designated in advance by the consumer and made known to the entrepreneur receives the product.
During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product to the entrepreneur with all accessories supplied and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise the right of withdrawal, he must notify the entrepreneur within 14 days of receiving the product. The consumer must notify the entrepreneur in writing/by email. After declaring that he wishes to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example by means of proof of shipment.
If the customer has not expressed his intention to exercise his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods referred to in paragraphs 2 and 3, the purchase is final.
Article 7 - Costs in case of withdrawal
If the consumer exercises his right of withdrawal, the costs of returning the products are borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund it as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received by the entrepreneur or that conclusive proof of complete return can be provided.
Article 8 - Exclusion of the right of withdrawal
The trader may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader
has clearly indicated this in the offer, at least in good time before the conclusion of the contract. The exclusion of the right of withdrawal is only possible for products
The exclusion of the right of withdrawal is only possible for services
Article 9 - The price
During the period of validity indicated 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.
Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market beyond his control, with variable prices. This link with fluctuations and the fact that the prices indicated are indicative prices will be mentioned in the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
Pursuant to Article 5, paragraph 1, of the Turnover Tax Act of 1968, delivery takes place in the country where transport begins. In the case in question, delivery takes place outside the EU. Consequently, the postal or courier service will collect import VAT or customs clearance charges from the customer. Consequently, the entrepreneur will not charge any VAT.
All prices are subject to printing errors. We accept no liability for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and warranty
The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable reliability and/or usability requirements, and the legal provisions and/or government regulations in force on the date of conclusion of the contract. If agreed, the trader also guarantees that the product is suitable for a use other than normal use.
The guarantee provided by the trader, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the trader on the basis of the contract.
Any defective or incorrectly delivered products must be reported in writing to the trader within 14 days of delivery. Products must be returned in their original packaging and in new condition.
The entrepreneur's warranty period corresponds to the factory warranty period. However, the entrepreneur is never responsible for the final suitability of the products for each 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 had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or have been handled negligently or contrary to the entrepreneur's instructions and/or packaging;
The defect is wholly or partly the result of rules which the government has laid down or will lay down regarding the nature or quality of the materials used.
Article 11 - Delivery and implementation
The entrepreneur undertakes to pay the utmost attention to the receipt and execution of orders for products.
Without prejudice to Article 4 of these general terms and conditions, the company will execute accepted orders promptly, 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 be fulfilled or can only be fulfilled in part, the consumer will be informed of this no later than 30 days after the order was placed. In that case, the consumer has the right to terminate the contract without incurring any costs and is entitled to any damages.
In the event of termination in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a substitute item. At the latest upon delivery, it will be clearly and comprehensibly stated that a substitute item is being delivered. In the case of substitute items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.
The risk of damage and/or loss of the products shall be borne by the entrepreneur until the moment of delivery to the consumer or to a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
Article 12 - Duration of transactions: duration, termination, and extension
Termination
The consumer may withdraw from an open-ended contract concluded for
the regular supply of products (including electricity) or services at any time, in accordance with the agreed termination rules and with a notice period of no more than one month.
The consumer may withdraw from a fixed-term contract concluded for the regular supply of products (including electricity) or services at any time at the end of the agreed period, in accordance with the agreed withdrawal rules and with a notice period of no more than one month.
The consumer may withdraw from the contracts referred to in the preceding paragraphs:
withdraw at any time and not be limited to withdrawing at a specific time or within a specific period;
withdraw at least in the same manner in which they were concluded; withdraw always with the same notice period that the entrepreneur has established for himself.
entrepreneur has established for himself. Extension
A fixed-term contract for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Notwithstanding the previous paragraph, a fixed-term contract for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a fixed period not exceeding three months, if the consumer can withdraw from this renewed contract towards the end of the renewal with a notice period not exceeding one month.
A fixed-term contract concluded for the regular supply of products or services may be tacitly extended for an indefinite period only if the consumer may withdraw at any time with a notice period of no more than one month and a notice period of no more than three months in the case of a contract for the regular supply of daily newspapers and magazines.
A limited-term contract for the regular supply of daily newspapers
magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration
If a contract lasts for more than one year, the consumer may terminate the contract at any time after one year with a maximum notice period of one month, unless reasonableness and fairness preclude termination before the end of the agreed term.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days of the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
has received.
The consumer has the duty to immediately report any inaccuracies in the payment details provided or mentioned to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge reasonable costs communicated in advance to the consumer.
Article 14 - Complaints procedure
Complaints about the implementation of the contract must be submitted to the entrepreneur within 7 days in a complete and clearly described manner, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
If the complaint is deemed valid by the entrepreneur, the entrepreneur will, at his discretion, replace or repair the delivered products free of charge.
Article 15 - Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. This also applies if the consumer resides abroad.