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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 – Consumer's obligations during the cooling-off period
Article 8 – Exercise of the consumer's right of withdrawal and associated costs
Article 9 – Entrepreneur's obligations in case of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Performance and additional warranty
Article 13 – Delivery and execution
Article 14 – Long-term transactions: duration, termination, and extension
Article 15 – Payment
Article 16 – Complaints procedure
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 goods, digital content, and/or services are supplied by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur;
Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who does not act for purposes relating to their trade, business, craft, or profession;
Day: calendar day;
Digital content: data that is produced and delivered in digital form;
Long-term contract: a contract that relates to the regular supply of goods, services, and/or digital content over a certain period;
Durable medium: any means, including email, that enables the consumer or entrepreneur to store information personally addressed to them in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
Right of withdrawal: the consumer's ability to withdraw from the distance contract within the cooling-off period;
Distance contract: a contract concluded between the entrepreneur and the consumer as part of an organized system for the distance selling of products, digital content, and/or services, where the contract is exclusively or partly concluded through one or more remote communication techniques;
Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions; Annex I does not have to be made available if the consumer does not have a right of withdrawal regarding their order;
Remote communication technique: a means that can be used to conclude a contract without the consumer and entrepreneur being physically present in the same space simultaneously.
Article 2 – Identity of the entrepreneur
Entrepreneur's name: Kideo Online B.V.
Doing business under the name/names:
Haiz.nl
Registered address:
Vossenkamp 7-J
9351 VR Leek
Chamber of Commerce (KvK) number: 78357381
VAT number: NL861364351B01
Article 3 – Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before concluding a distance contract, the entrepreneur shall make the text of these general terms and conditions available to the consumer. If this is not reasonably possible, the entrepreneur shall indicate, before concluding the distance contract, how the general terms and conditions can be viewed by the consumer and that they will be sent free of charge upon request.
3. If the distance contract is concluded electronically, in deviation from the previous paragraph and before concluding the distance contract, 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 medium. If this is not reasonably possible, it will be indicated, before concluding the distance contract, where the general terms and conditions can be viewed electronically and that they will be sent free of charge upon request, either electronically or otherwise.
4. If specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and the consumer can always invoke the provision that is most favorable to them in the event of conflicting conditions.
Article 4 – The offer
1. If an offer has a limited duration or is subject to conditions, this shall be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to assess the offer properly. If the entrepreneur uses images, they are a true representation of the products, services, and/or digital content offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5 – The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the stipulated conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures for this purpose.
4. Within the limits of the law, the entrepreneur can gather information about the consumer's ability to fulfill their payment obligations, as well as all facts and factors relevant to the responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has sound reasons for not entering into the contract, they are entitled to refuse an order or request, or to attach special conditions to the execution.
5. The entrepreneur shall send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium, together with the delivery of the product, service, or digital content:
a. The visiting address of the entrepreneur's establishment where the consumer can address any complaints;
b. The terms and conditions under which the consumer can exercise their right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. Information about warranties and existing after-sales service;
d. The price, including all taxes on the product, service, or digital content; if applicable, the cost of delivery; and the method of payment, delivery, or execution of the distance contract;
e. The requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration;
f. If the consumer has a right of withdrawal, the model withdrawal form.
1. In the case of a long-term transaction, the provision in the previous paragraph shall only apply to the first delivery.
Article 6 – Right of withdrawal
For products:
1. The consumer can dissolve an agreement concerning the purchase of a product within a cooling-off period of 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal, but cannot make it a condition for the exercise of the right of withdrawal.
2. The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
a. If the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by the consumer, receives the last product. The entrepreneur may refuse an order for multiple products with different delivery times, provided that the consumer has been clearly informed of this prior to the ordering process.
b. If the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by the consumer, receives the last shipment or part;
c. In the case of agreements for the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by the consumer, receives the first product.
For services and digital content not supplied on a tangible medium:
3. The consumer may terminate a service agreement and an agreement for the supply of digital content not supplied on a tangible medium within 14 days without stating any reasons. The entrepreneur may ask the consumer for the reason for the withdrawal, but cannot oblige the consumer to provide the reason(s).
4. The withdrawal period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended withdrawal period for products, services, and digital content not supplied on a tangible medium when not providing information about the right of withdrawal:
5. If the entrepreneur has not provided the consumer with the mandatory information about the right of withdrawal or the withdrawal form, the withdrawal period expires twelve months after the end of the original withdrawal period as determined in accordance with the preceding paragraphs of this article.
6. If the entrepreneur has provided the consumer with the information referred to in the preceding paragraph within twelve months after the start date of the original withdrawal period, the withdrawal period expires 14 days after the day on which the consumer receives this information.
Article 7 - Obligations of the consumer during the withdrawal period
1. During the withdrawal period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The guiding principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a physical store.
2. The consumer is liable for any diminished value of the product resulting from the handling of the product beyond what is necessary to determine its nature, characteristics, and functioning, as described in paragraph 1.
3. The consumer is not liable for any diminished value of the product if the entrepreneur has failed to provide the consumer with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 - Exercise of the right of withdrawal by the consumer and its costs
1. If the consumer exercises his right of withdrawal, he shall notify the entrepreneur of this within the withdrawal period using the model withdrawal form or in any other unambiguous manner.
2. The consumer shall return the product as soon as possible but no later than 14 days after the day following the notification referred to in paragraph 1, or hand it over to the entrepreneur or a representative thereof. This is not necessary if the entrepreneur 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 withdrawal period has expired.
3. The consumer shall return the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not informed the consumer that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer is not required to bear the costs of returning the product.
6. If the consumer exercises his right of withdrawal after having expressly requested that the provision of the service or the supply of gas, water, or electricity not made ready for sale in a limited volume or quantity commence during the withdrawal period, the consumer shall owe the entrepreneur an amount that is proportional to that part of the commitment that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the commitment.
7. The consumer does not bear any costs for the performance of services or the supply of water, gas, or electricity, not made ready for sale in a limited volume or quantity, or for the supply of district heating if:
a. the entrepreneur has not provided the consumer with the mandatory information about the right of withdrawal, the reimbursement of costs in case of withdrawal, or the model withdrawal form, or;
b. the consumer has not expressly requested the commencement of the performance of the service or the supply of gas, water, electricity, or district heating during the withdrawal period.
8. The consumer does not bear any costs for the full or partial supply of digital content not supplied on a tangible medium if:
a. he has not given his express consent to the start of the fulfillment of the agreement before the end of the withdrawal period;
b. he has not acknowledged that he loses his right of withdrawal by giving his consent; or
c. the entrepreneur has failed to confirm this statement by the consumer.
9. If the consumer exercises his right of withdrawal, all supplementary agreements are automatically dissolved.
Article 9 - Obligations of the entrepreneur in case of withdrawal
1. If the entrepreneur allows the consumer to make the withdrawal notification electronically, he shall send an acknowledgment of receipt without delay upon receiving this notification.
2. The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, promptly and no later than 14 days from the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to refund until he has received the product or until the consumer has provided evidence of having returned the product, whichever occurs earlier.
3. The entrepreneur shall use the same means of payment used by the consumer for the refund, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not required to refund the additional costs for the more expensive method.
Article 10 - Exclusion of the right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly stated this in the offer, or at least in a timely manner before the conclusion of the agreement:
1. Products or services whose price is dependent on fluctuations in the financial market that are beyond the control of the entrepreneur and that may occur within the withdrawal period.
2. Agreements concluded during a public auction. A public auction means a sales method whereby products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be present at the auction, conducted under the supervision of an auctioneer, and where the successful bidder is obligated to take the products, digital content, and/or services.
3. Service agreements, after full performance of the service, but only if:
a. the execution started with the explicit prior consent of the consumer; and
b. the consumer has declared that he will lose his right of withdrawal as soon as the entrepreneur has fully performed the agreement.
4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and agreements for passenger transport;
5. Service agreements for the provision of accommodation, if a specific date or period of performance is provided for in the agreement and other than for residential purposes, goods transport, car rental services, and catering;
6. Agreements relating to leisure activities if a specific date or period of performance is provided for in the agreement;
7. Products made according to the consumer's specifications, which are not prefabricated and which are produced based on an individual choice or decision by the consumer, or which are clearly intended for a specific person;
8. Products that are liable to deteriorate or expire rapidly;
9. Sealed products that are not suitable for return due to health protection or hygiene reasons and whose sealing has been broken after delivery;
10. Products that are inseparably mixed with other products after delivery by their nature;
11. Alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the agreement, but which can only be delivered after 30 days, and whose actual value depends on fluctuations in the market that the entrepreneur cannot control;
12. Sealed audio, video recordings, and computer software, the sealing of which has been broken after delivery;
13. Newspapers, magazines, or periodicals, with the exception of subscriptions to these publications;
14. The supply of digital content other than on a tangible medium, but only if:
a. the execution started with the explicit prior consent of the consumer; and
b. the consumer has declared that he thereby loses his right of withdrawal.
Article 11 - The price
1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no control. The offer will state the possibility of being bound by fluctuations and the fact that any listed prices are indicative.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. they are the result of legal regulations or provisions; or
b. the consumer has the right to terminate the agreement as of the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
Article 12 - Performance of the agreement and additional warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force 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.
2. An additional warranty provided by the entrepreneur, his supplier, manufacturer, or importer does not limit the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement if the entrepreneur has failed to fulfill his part of the agreement.
3. An additional warranty is any obligation of the entrepreneur, his supplier, importer, or manufacturer that grants certain rights or claims to the consumer that go beyond what is legally required in case of the entrepreneur's failure to fulfill his part of the agreement.
Article 13 - Delivery and performance
1. The entrepreneur shall exercise the utmost care when receiving orders for products and assessing requests for the provision of services, as well as when executing them.
2. The place of delivery shall be the address that the consumer has provided to the entrepreneur.
3. Unless otherwise agreed, the entrepreneur shall execute accepted orders promptly and no later than within 30 days, taking into account the provisions of Article 4 of these general terms and conditions. If there is a delay in delivery or if an order cannot be executed or can only be partially executed, the consumer shall be notified of this no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement free of charge and to be eligible for any damages.
4. After dissolution in accordance with the preceding paragraph, the entrepreneur shall reimburse the amount paid by the consumer without delay.
5. The risk of damage and/or loss of products shall remain with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 14 - Long-term transactions: duration, termination, and renewal
Termination:
1. The consumer may terminate an agreement that has been entered into for an indefinite period and which involves the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement that has been entered into for a fixed period and which involves the regular delivery of products (including electricity) or services at any time at the end of the specified duration, observing the agreed termination rules and a notice period of no more than one month.
3. The consumer may terminate the agreements mentioned in the preceding paragraphs:
a. at any time and shall not be limited to termination at a specific time or during a specific period;
b. terminate in the same manner as they were entered into;
c. always terminate with the same notice period as that stipulated by the entrepreneur for himself.
Renewal:
4. An agreement that has been entered into for a fixed period and which involves the regular delivery of products (including electricity) or services shall not be tacitly renewed or extended for a fixed duration.
5. Notwithstanding the preceding paragraph, an agreement that has been entered into for a fixed period and which involves the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a maximum duration of three months if the consumer is able to terminate this extended agreement at the end of the extension period with a notice period of no more than one month.
6. An agreement that has been entered into for a fixed period and which involves the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer is able to terminate it at any time with a notice period of no more than one month. The notice period shall be no more than three months if the agreement involves the regular delivery of daily, news, and weekly newspapers and magazines, but less than once per month.
7. An agreement with a limited duration for the trial or introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall automatically end upon the expiration of the trial or introductory period.
Duration:
8. 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 agreed duration ends.
Article 15 - Payment
1. Unless otherwise agreed in the agreement or additional terms and conditions, amounts owed by the consumer must be paid within 14 days from the start of the cooling-off period, or if there is no cooling-off period, within 14 days from the conclusion of the agreement. In the case of a service agreement, this period shall commence on the day after the consumer has received the confirmation of the agreement.
2. In the sale of products to consumers, the consumer shall not be obliged, in general terms and conditions, to make an advance payment of more than 50%. When an advance payment is stipulated, the consumer shall not have any right regarding the execution of the relevant order or service(s) until the stipulated advance payment has been made.
3. The consumer has an obligation to promptly report any inaccuracies in provided or stated payment details to the entrepreneur.
4. If the consumer fails to fulfill his payment obligation(s) in a timely manner, after being notified by the entrepreneur of the late payment and after the entrepreneur has granted the consumer a period of 14 days to fulfill his payment obligations, the consumer shall owe the statutory interest on the outstanding amount and the entrepreneur shall be entitled to charge the consumer extrajudicial collection costs incurred by him. These collection costs shall not exceed: 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 entrepreneur may deviate from these amounts and percentages to the consumer's benefit.
Article 16 - Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure in place and shall handle the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur in a timely, complete, and clearly described manner, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur shall respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
4. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is eligible for dispute resolution.
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 – Consumer's obligations during the cooling-off period
Article 8 – Exercise of the consumer's right of withdrawal and associated costs
Article 9 – Entrepreneur's obligations in case of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Performance and additional warranty
Article 13 – Delivery and execution
Article 14 – Long-term transactions: duration, termination, and extension
Article 15 – Payment
Article 16 – Complaints procedure
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 goods, digital content, and/or services are supplied by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur;
Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who does not act for purposes relating to their trade, business, craft, or profession;
Day: calendar day;
Digital content: data that is produced and delivered in digital form;
Long-term contract: a contract that relates to the regular supply of goods, services, and/or digital content over a certain period;
Durable medium: any means, including email, that enables the consumer or entrepreneur to store information personally addressed to them in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
Right of withdrawal: the consumer's ability to withdraw from the distance contract within the cooling-off period;
Distance contract: a contract concluded between the entrepreneur and the consumer as part of an organized system for the distance selling of products, digital content, and/or services, where the contract is exclusively or partly concluded through one or more remote communication techniques;
Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions; Annex I does not have to be made available if the consumer does not have a right of withdrawal regarding their order;
Remote communication technique: a means that can be used to conclude a contract without the consumer and entrepreneur being physically present in the same space simultaneously.
Article 2 – Identity of the entrepreneur
Entrepreneur's name: Kideo Online B.V.
Doing business under the name/names:
Haiz.nl
Registered address:
Vossenkamp 7-J
9351 VR Leek
Chamber of Commerce (KvK) number: 78357381
VAT number: NL861364351B01
Article 3 – Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before concluding a distance contract, the entrepreneur shall make the text of these general terms and conditions available to the consumer. If this is not reasonably possible, the entrepreneur shall indicate, before concluding the distance contract, how the general terms and conditions can be viewed by the consumer and that they will be sent free of charge upon request.
3. If the distance contract is concluded electronically, in deviation from the previous paragraph and before concluding the distance contract, 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 medium. If this is not reasonably possible, it will be indicated, before concluding the distance contract, where the general terms and conditions can be viewed electronically and that they will be sent free of charge upon request, either electronically or otherwise.
4. If specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and the consumer can always invoke the provision that is most favorable to them in the event of conflicting conditions.
Article 4 – The offer
1. If an offer has a limited duration or is subject to conditions, this shall be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to assess the offer properly. If the entrepreneur uses images, they are a true representation of the products, services, and/or digital content offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5 – The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the stipulated conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures for this purpose.
4. Within the limits of the law, the entrepreneur can gather information about the consumer's ability to fulfill their payment obligations, as well as all facts and factors relevant to the responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has sound reasons for not entering into the contract, they are entitled to refuse an order or request, or to attach special conditions to the execution.
5. The entrepreneur shall send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium, together with the delivery of the product, service, or digital content:
a. The visiting address of the entrepreneur's establishment where the consumer can address any complaints;
b. The terms and conditions under which the consumer can exercise their right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. Information about warranties and existing after-sales service;
d. The price, including all taxes on the product, service, or digital content; if applicable, the cost of delivery; and the method of payment, delivery, or execution of the distance contract;
e. The requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration;
f. If the consumer has a right of withdrawal, the model withdrawal form.
1. In the case of a long-term transaction, the provision in the previous paragraph shall only apply to the first delivery.
Article 6 – Right of withdrawal
For products:
1. The consumer can dissolve an agreement concerning the purchase of a product within a cooling-off period of 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal, but cannot make it a condition for the exercise of the right of withdrawal.
2. The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
a. If the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by the consumer, receives the last product. The entrepreneur may refuse an order for multiple products with different delivery times, provided that the consumer has been clearly informed of this prior to the ordering process.
b. If the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by the consumer, receives the last shipment or part;
c. In the case of agreements for the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by the consumer, receives the first product.
For services and digital content not supplied on a tangible medium:
3. The consumer may terminate a service agreement and an agreement for the supply of digital content not supplied on a tangible medium within 14 days without stating any reasons. The entrepreneur may ask the consumer for the reason for the withdrawal, but cannot oblige the consumer to provide the reason(s).
4. The withdrawal period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended withdrawal period for products, services, and digital content not supplied on a tangible medium when not providing information about the right of withdrawal:
5. If the entrepreneur has not provided the consumer with the mandatory information about the right of withdrawal or the withdrawal form, the withdrawal period expires twelve months after the end of the original withdrawal period as determined in accordance with the preceding paragraphs of this article.
6. If the entrepreneur has provided the consumer with the information referred to in the preceding paragraph within twelve months after the start date of the original withdrawal period, the withdrawal period expires 14 days after the day on which the consumer receives this information.
Article 7 - Obligations of the consumer during the withdrawal period
1. During the withdrawal period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The guiding principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a physical store.
2. The consumer is liable for any diminished value of the product resulting from the handling of the product beyond what is necessary to determine its nature, characteristics, and functioning, as described in paragraph 1.
3. The consumer is not liable for any diminished value of the product if the entrepreneur has failed to provide the consumer with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 - Exercise of the right of withdrawal by the consumer and its costs
1. If the consumer exercises his right of withdrawal, he shall notify the entrepreneur of this within the withdrawal period using the model withdrawal form or in any other unambiguous manner.
2. The consumer shall return the product as soon as possible but no later than 14 days after the day following the notification referred to in paragraph 1, or hand it over to the entrepreneur or a representative thereof. This is not necessary if the entrepreneur 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 withdrawal period has expired.
3. The consumer shall return the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not informed the consumer that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer is not required to bear the costs of returning the product.
6. If the consumer exercises his right of withdrawal after having expressly requested that the provision of the service or the supply of gas, water, or electricity not made ready for sale in a limited volume or quantity commence during the withdrawal period, the consumer shall owe the entrepreneur an amount that is proportional to that part of the commitment that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the commitment.
7. The consumer does not bear any costs for the performance of services or the supply of water, gas, or electricity, not made ready for sale in a limited volume or quantity, or for the supply of district heating if:
a. the entrepreneur has not provided the consumer with the mandatory information about the right of withdrawal, the reimbursement of costs in case of withdrawal, or the model withdrawal form, or;
b. the consumer has not expressly requested the commencement of the performance of the service or the supply of gas, water, electricity, or district heating during the withdrawal period.
8. The consumer does not bear any costs for the full or partial supply of digital content not supplied on a tangible medium if:
a. he has not given his express consent to the start of the fulfillment of the agreement before the end of the withdrawal period;
b. he has not acknowledged that he loses his right of withdrawal by giving his consent; or
c. the entrepreneur has failed to confirm this statement by the consumer.
9. If the consumer exercises his right of withdrawal, all supplementary agreements are automatically dissolved.
Article 9 - Obligations of the entrepreneur in case of withdrawal
1. If the entrepreneur allows the consumer to make the withdrawal notification electronically, he shall send an acknowledgment of receipt without delay upon receiving this notification.
2. The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, promptly and no later than 14 days from the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to refund until he has received the product or until the consumer has provided evidence of having returned the product, whichever occurs earlier.
3. The entrepreneur shall use the same means of payment used by the consumer for the refund, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not required to refund the additional costs for the more expensive method.
Article 10 - Exclusion of the right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly stated this in the offer, or at least in a timely manner before the conclusion of the agreement:
1. Products or services whose price is dependent on fluctuations in the financial market that are beyond the control of the entrepreneur and that may occur within the withdrawal period.
2. Agreements concluded during a public auction. A public auction means a sales method whereby products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be present at the auction, conducted under the supervision of an auctioneer, and where the successful bidder is obligated to take the products, digital content, and/or services.
3. Service agreements, after full performance of the service, but only if:
a. the execution started with the explicit prior consent of the consumer; and
b. the consumer has declared that he will lose his right of withdrawal as soon as the entrepreneur has fully performed the agreement.
4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and agreements for passenger transport;
5. Service agreements for the provision of accommodation, if a specific date or period of performance is provided for in the agreement and other than for residential purposes, goods transport, car rental services, and catering;
6. Agreements relating to leisure activities if a specific date or period of performance is provided for in the agreement;
7. Products made according to the consumer's specifications, which are not prefabricated and which are produced based on an individual choice or decision by the consumer, or which are clearly intended for a specific person;
8. Products that are liable to deteriorate or expire rapidly;
9. Sealed products that are not suitable for return due to health protection or hygiene reasons and whose sealing has been broken after delivery;
10. Products that are inseparably mixed with other products after delivery by their nature;
11. Alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the agreement, but which can only be delivered after 30 days, and whose actual value depends on fluctuations in the market that the entrepreneur cannot control;
12. Sealed audio, video recordings, and computer software, the sealing of which has been broken after delivery;
13. Newspapers, magazines, or periodicals, with the exception of subscriptions to these publications;
14. The supply of digital content other than on a tangible medium, but only if:
a. the execution started with the explicit prior consent of the consumer; and
b. the consumer has declared that he thereby loses his right of withdrawal.
Article 11 - The price
1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no control. The offer will state the possibility of being bound by fluctuations and the fact that any listed prices are indicative.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. they are the result of legal regulations or provisions; or
b. the consumer has the right to terminate the agreement as of the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
Article 12 - Performance of the agreement and additional warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force 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.
2. An additional warranty provided by the entrepreneur, his supplier, manufacturer, or importer does not limit the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement if the entrepreneur has failed to fulfill his part of the agreement.
3. An additional warranty is any obligation of the entrepreneur, his supplier, importer, or manufacturer that grants certain rights or claims to the consumer that go beyond what is legally required in case of the entrepreneur's failure to fulfill his part of the agreement.
Article 13 - Delivery and performance
1. The entrepreneur shall exercise the utmost care when receiving orders for products and assessing requests for the provision of services, as well as when executing them.
2. The place of delivery shall be the address that the consumer has provided to the entrepreneur.
3. Unless otherwise agreed, the entrepreneur shall execute accepted orders promptly and no later than within 30 days, taking into account the provisions of Article 4 of these general terms and conditions. If there is a delay in delivery or if an order cannot be executed or can only be partially executed, the consumer shall be notified of this no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement free of charge and to be eligible for any damages.
4. After dissolution in accordance with the preceding paragraph, the entrepreneur shall reimburse the amount paid by the consumer without delay.
5. The risk of damage and/or loss of products shall remain with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 14 - Long-term transactions: duration, termination, and renewal
Termination:
1. The consumer may terminate an agreement that has been entered into for an indefinite period and which involves the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement that has been entered into for a fixed period and which involves the regular delivery of products (including electricity) or services at any time at the end of the specified duration, observing the agreed termination rules and a notice period of no more than one month.
3. The consumer may terminate the agreements mentioned in the preceding paragraphs:
a. at any time and shall not be limited to termination at a specific time or during a specific period;
b. terminate in the same manner as they were entered into;
c. always terminate with the same notice period as that stipulated by the entrepreneur for himself.
Renewal:
4. An agreement that has been entered into for a fixed period and which involves the regular delivery of products (including electricity) or services shall not be tacitly renewed or extended for a fixed duration.
5. Notwithstanding the preceding paragraph, an agreement that has been entered into for a fixed period and which involves the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a maximum duration of three months if the consumer is able to terminate this extended agreement at the end of the extension period with a notice period of no more than one month.
6. An agreement that has been entered into for a fixed period and which involves the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer is able to terminate it at any time with a notice period of no more than one month. The notice period shall be no more than three months if the agreement involves the regular delivery of daily, news, and weekly newspapers and magazines, but less than once per month.
7. An agreement with a limited duration for the trial or introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall automatically end upon the expiration of the trial or introductory period.
Duration:
8. 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 agreed duration ends.
Article 15 - Payment
1. Unless otherwise agreed in the agreement or additional terms and conditions, amounts owed by the consumer must be paid within 14 days from the start of the cooling-off period, or if there is no cooling-off period, within 14 days from the conclusion of the agreement. In the case of a service agreement, this period shall commence on the day after the consumer has received the confirmation of the agreement.
2. In the sale of products to consumers, the consumer shall not be obliged, in general terms and conditions, to make an advance payment of more than 50%. When an advance payment is stipulated, the consumer shall not have any right regarding the execution of the relevant order or service(s) until the stipulated advance payment has been made.
3. The consumer has an obligation to promptly report any inaccuracies in provided or stated payment details to the entrepreneur.
4. If the consumer fails to fulfill his payment obligation(s) in a timely manner, after being notified by the entrepreneur of the late payment and after the entrepreneur has granted the consumer a period of 14 days to fulfill his payment obligations, the consumer shall owe the statutory interest on the outstanding amount and the entrepreneur shall be entitled to charge the consumer extrajudicial collection costs incurred by him. These collection costs shall not exceed: 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 entrepreneur may deviate from these amounts and percentages to the consumer's benefit.
Article 16 - Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure in place and shall handle the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur in a timely, complete, and clearly described manner, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur shall respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
4. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is eligible for dispute resolution.