Terms and Conditions
Table of contents:
Article 1 - Definitions
Article 2 - Identity of the trader
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Consumer's obligations during the reflection period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Trader's obligations in case of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Compliance and extended warranty
Article 13 - Delivery and performance
Article 14 - Continuous performance contracts: duration, termination and renewal
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or deviating provisions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
1. Additional contract: a contract under which 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 trader or by a third party on the basis of an arrangement between that third party and the trader;
2. Reflection period: the period within which the consumer can exercise their right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and supplied in digital form;
6. Continuous performance contract: a contract for the regular supply of goods, services and/or digital content over a certain period;
7. Durable medium: any tool - including e-mail - that enables the consumer or trader to store information addressed to them personally in a way that allows future reference and use for a period appropriate to the purpose of the information, and which allows unaltered reproduction of the stored information;
8. Right of withdrawal: the consumer's option to withdraw from the distance contract within the reflection period;
9. Trader: the natural or legal person offering products, (access to) digital content and/or services to consumers at a distance;
10. Distance contract: a contract concluded between the trader and the consumer within the framework of an organised system for the distance sale of products, digital content and/or services, whereby exclusive or partial use is made of one or more techniques for distance communication up to and including the moment the contract is concluded;
11. Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions. Appendix I does not need to be provided if the consumer has no right of withdrawal in respect of their order;
12. Technique for distance communication: a means that can be used to conclude a contract without the consumer and trader needing to be in the same place at the same time.
Article 2 - Identity of the trader
Barefoot Baby
Mississippi 23
2911 CZ Nieuwerkerk aan den IJssel
The Netherlands
(Please note: this is NOT a visiting address!)
Chamber of Commerce (KVK) number: 84147040
VAT identification number: NL003920297B83
E-mail: info@barefootbaby.nl
Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, how the terms and conditions can be viewed at the trader's premises, and that they will be sent free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, then notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the terms and conditions can be viewed electronically and that they will be sent free of charge, electronically or otherwise, at the consumer's request.
4. In the event that specific product or service terms also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting terms, the consumer may always invoke the applicable provision that is most favourable to them.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. All images, specifications and data in the offer are an indication and cannot give rise to compensation or dissolution of the contract. Images accompanying products are a true representation of the products offered. The trader cannot guarantee that the colours shown correspond exactly to the actual colours of the products.
3. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5 - The contract
1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and satisfies the corresponding conditions.
2. If the consumer has accepted the offer electronically, the trader will promptly confirm electronic receipt of the acceptance of the offer. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
3. If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures accordingly.
4. Within legal frameworks, the trader may inform themselves as to whether the consumer is able to fulfil their payment obligations, as well as of all facts and factors relevant to a responsible conclusion of the distance contract. If, on the basis of this enquiry, the trader has good grounds not to enter into the contract, they are entitled to refuse an order or request, with reasons given, or to attach special conditions to its execution.
5. At the latest upon delivery of the product, service or digital content, the trader will send the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
a. The visiting address of the trader's place of business where the consumer can address complaints;
b. The conditions under which, and the manner in which, the consumer can exercise the right of withdrawal, or a clear notice regarding exclusion of the right of withdrawal;
c. Information about warranties and existing after-sales service;
d. The price, including all taxes, of the product, service or digital content; the delivery costs where applicable; and the method of payment, delivery or performance of the distance contract;
e. The requirements for terminating 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.
6. In the case of a continuous performance transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Right of withdrawal
For products:
1. The consumer may dissolve a contract relating to the purchase of a product during a reflection period of at least 14 days without giving any reason. The trader may ask the consumer for the reason for withdrawal, but may not require them to state their reason(s).
2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
a. If the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by them, received the last product. The trader may, provided they have clearly informed the consumer of this prior to the ordering process, refuse an order for several products with different delivery times.
b. If the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or part;
c. For contracts for regular delivery of products over a specified period: the day on which the consumer, or a third party designated by them, received the first product.
Article 7 - Consumer's obligations during the reflection period
1. During the reflection 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 establish its nature, characteristics and functioning. The starting point here is that the consumer may only handle and inspect the product as they would be permitted to do in a shop.
2. The consumer is only liable for any diminished value of the product resulting from handling of the product that goes beyond what is permitted under paragraph 1.
3. The consumer is not liable for any diminished value of the product if the trader has not provided them, before or at the conclusion of the contract, with all legally required information about the right of withdrawal.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer exercises their right of withdrawal, they will notify the trader within the reflection period by means of the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product, or hand it over to (an authorised representative of) the trader. This is not necessary if the trader has offered to collect the product themselves. The consumer has in any case observed the return period if they return the product before the reflection period has expired.
3. The consumer returns 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 trader.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If the trader has not stated that the consumer must bear these costs, or if the trader indicates that they will bear the costs themselves, the consumer does not need to bear the costs of return.
6. If the consumer withdraws after first expressly requesting that performance of the service, or the supply of gas, water or electricity not made ready for sale in a limited volume or quantity, begin during the reflection period, the consumer owes the trader an amount proportional to the part of the obligation fulfilled by the trader at the time of withdrawal, compared to full performance of the obligation.
7. The consumer bears no 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 trader has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs on withdrawal, or the model withdrawal form; or
b. The consumer did not expressly request the commencement of the performance of the service or the supply of gas, water, electricity or district heating during the reflection period.
8. The consumer bears no costs for the full or partial supply of digital content not supplied on a tangible medium, if:
a. They did not expressly agree, prior to its supply, to commence performance of the contract before the end of the reflection period;
b. They did not acknowledge that they would lose their right of withdrawal by giving their consent; or
c. The trader failed to confirm this statement from the consumer.
9. If the consumer exercises their right of withdrawal, all additional contracts are automatically dissolved by operation of law.
Article 9 - Trader's obligations in case of withdrawal
1. If the trader enables notification of withdrawal by the consumer electronically, they will send an acknowledgement of receipt promptly after receiving this notification.
2. The trader will reimburse all payments made by the consumer, excluding any delivery costs charged by the trader for the returned product, promptly and within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the trader offers to collect the product themselves, they may wait with reimbursement until they have received the product, or until the consumer proves that they have returned the product, whichever occurs first.
3. The trader will use the same means of payment for reimbursement that the consumer used, unless the consumer agrees to a different method. Reimbursement 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 trader does not have to reimburse the additional costs of the more expensive method.
Article 10 - Exclusion of the right of withdrawal
The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this with the offer, or at least in good time before the contract is concluded:
1. Products or services whose price is subject to fluctuations in the financial market over which the trader has no control and which may occur within the withdrawal period;
2. Contracts concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content and/or services are offered by the trader to the consumer, who is personally present or given the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service contracts, after full performance of the service, but only if:
a. Performance began with the consumer's express prior consent; and
b. The consumer has declared that they lose their right of withdrawal as soon as the trader has fully performed the contract;
4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and contracts for the carriage of passengers;
5. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
6. Contracts relating to leisure activities, if the contract provides for a specific date or period for their performance;
7. Products manufactured to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products which are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
10. Products which, after delivery, are irrevocably mixed with other products by their nature;
11. Alcoholic beverages whose price was agreed at the conclusion of the contract, but which can only be delivered after 30 days, and whose actual value depends on fluctuations in the market over which the trader has no control;
12. Sealed audio, video recordings and computer software of which the seal has been broken after delivery;
13. Newspapers, periodicals or magazines, with the exception of subscriptions to these;
14. The supply of digital content other than on a tangible medium, but only if:
a. Performance began with the consumer's express prior consent; and
b. The consumer has declared that they thereby lose their right of withdrawal.
Article 11 - The price
1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence, at variable prices. This dependency on fluctuations, and the fact that any prices stated are target prices, will be stated in the offer.
3. Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:
a. They result from statutory regulations or provisions; or
b. The consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
5. Prices stated in the offer of products or services include VAT.
Article 12 - Compliance with the contract and extended warranty
1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the contract was concluded. Where agreed, the trader also guarantees that the product is suitable for uses other than normal use.
2. Any extended warranty provided by the trader, their supplier, manufacturer or importer never limits the statutory rights and claims that the consumer may assert against the trader under the contract if the trader has failed to fulfil their part of the contract.
3. Extended warranty is understood to mean any commitment by the trader, their supplier, importer or manufacturer, whereby they grant the consumer certain rights or claims that go beyond what they are legally obliged to do in the event that they have failed to fulfil their part of the contract.
Article 13 - Delivery and performance
1. The trader will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the trader.
3. Subject to what is stated about this in Article 4 of these general terms and conditions, the trader will execute accepted orders with due speed but at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge, and the right to any compensation.
4. Following dissolution in accordance with the previous paragraph, the trader will promptly refund the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.
Article 14 - Continuous performance contracts: duration, termination and renewal
Termination:
1. The consumer may terminate a contract that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate a contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
3. With regard to the contracts referred to in the previous paragraphs, the consumer may:
a. terminate them at any time and not be limited to termination at a specific time or in a specific period;
b. terminate them at least in the same manner as they were entered into by them;
c. always terminate them with the same notice period as the trader has stipulated for themselves.
Renewal:
1. A contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.
2. Notwithstanding the previous paragraph, a contract entered into for a definite period that extends to the regular delivery of daily, news and weekly papers and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer may terminate this extended contract towards the end of the extension with a notice period of no more than one month.
3. A contract entered into for a definite period that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. The notice period is no more than three months in the event that the contract extends to the regular, but less than once a month, delivery of daily, news and weekly papers and magazines.
4. A contract of limited duration for the regular delivery of daily, news and weekly papers and magazines on a trial basis (trial or introductory subscription) is not tacitly continued and automatically ends after the trial or introductory period.
Duration:
1. If a contract has a duration of more than one year, the consumer may, after one year, terminate the contract at any time with a notice period of no more than one month, unless reasonableness and fairness dictate against termination before the end of the agreed duration.
Article 15 - Payment
1. Unless otherwise stipulated in the contract or additional terms, the amounts owed by the consumer must be paid within 14 days after the commencement of the reflection period, or, in the absence of a reflection period, within 14 days after the conclusion of the contract. In the case of a contract to provide a service, this period commences on the day after the consumer has received confirmation of the contract.
2. When selling products to consumers, the consumer may never be required, in general terms and conditions, to pay more than 50% in advance. When advance payment is stipulated, the consumer cannot assert any rights whatsoever regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer has a duty to promptly report any inaccuracies in payment details provided or stated to the trader.
4. If the consumer does not fulfil their payment obligation(s) on time, and after they have been notified by the trader of the late payment and the trader has granted the consumer a period of 14 days to still fulfil their payment obligations, then, if payment is not made within this 14-day period, statutory interest will be owed on the amount still due, and the trader is entitled to charge the extrajudicial collection costs they have incurred.
These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500;
10% on the next €2,500 and 5% on the next €5,000, with a minimum of €40.
The trader may deviate from the amounts and percentages stated above in the consumer's favour.
Article 16 - Complaints procedure
1. The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the performance of the contract must be submitted to the trader fully and clearly described within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
4. The consumer must in any case give the trader 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute resolution procedure.
Article 17 - Disputes
Dutch law exclusively applies to contracts between the trader and the consumer to which these general terms and conditions relate.
Article 18 - Additional or deviating provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.
Article 1 - Definitions
Article 2 - Identity of the trader
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Consumer's obligations during the reflection period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Trader's obligations in case of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Compliance and extended warranty
Article 13 - Delivery and performance
Article 14 - Continuous performance contracts: duration, termination and renewal
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or deviating provisions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
1. Additional contract: a contract under which 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 trader or by a third party on the basis of an arrangement between that third party and the trader;
2. Reflection period: the period within which the consumer can exercise their right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and supplied in digital form;
6. Continuous performance contract: a contract for the regular supply of goods, services and/or digital content over a certain period;
7. Durable medium: any tool - including e-mail - that enables the consumer or trader to store information addressed to them personally in a way that allows future reference and use for a period appropriate to the purpose of the information, and which allows unaltered reproduction of the stored information;
8. Right of withdrawal: the consumer's option to withdraw from the distance contract within the reflection period;
9. Trader: the natural or legal person offering products, (access to) digital content and/or services to consumers at a distance;
10. Distance contract: a contract concluded between the trader and the consumer within the framework of an organised system for the distance sale of products, digital content and/or services, whereby exclusive or partial use is made of one or more techniques for distance communication up to and including the moment the contract is concluded;
11. Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions. Appendix I does not need to be provided if the consumer has no right of withdrawal in respect of their order;
12. Technique for distance communication: a means that can be used to conclude a contract without the consumer and trader needing to be in the same place at the same time.
Article 2 - Identity of the trader
Barefoot Baby
Mississippi 23
2911 CZ Nieuwerkerk aan den IJssel
The Netherlands
(Please note: this is NOT a visiting address!)
Chamber of Commerce (KVK) number: 84147040
VAT identification number: NL003920297B83
E-mail: info@barefootbaby.nl
Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, how the terms and conditions can be viewed at the trader's premises, and that they will be sent free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, then notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the terms and conditions can be viewed electronically and that they will be sent free of charge, electronically or otherwise, at the consumer's request.
4. In the event that specific product or service terms also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting terms, the consumer may always invoke the applicable provision that is most favourable to them.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. All images, specifications and data in the offer are an indication and cannot give rise to compensation or dissolution of the contract. Images accompanying products are a true representation of the products offered. The trader cannot guarantee that the colours shown correspond exactly to the actual colours of the products.
3. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5 - The contract
1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and satisfies the corresponding conditions.
2. If the consumer has accepted the offer electronically, the trader will promptly confirm electronic receipt of the acceptance of the offer. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
3. If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures accordingly.
4. Within legal frameworks, the trader may inform themselves as to whether the consumer is able to fulfil their payment obligations, as well as of all facts and factors relevant to a responsible conclusion of the distance contract. If, on the basis of this enquiry, the trader has good grounds not to enter into the contract, they are entitled to refuse an order or request, with reasons given, or to attach special conditions to its execution.
5. At the latest upon delivery of the product, service or digital content, the trader will send the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
a. The visiting address of the trader's place of business where the consumer can address complaints;
b. The conditions under which, and the manner in which, the consumer can exercise the right of withdrawal, or a clear notice regarding exclusion of the right of withdrawal;
c. Information about warranties and existing after-sales service;
d. The price, including all taxes, of the product, service or digital content; the delivery costs where applicable; and the method of payment, delivery or performance of the distance contract;
e. The requirements for terminating 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.
6. In the case of a continuous performance transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Right of withdrawal
For products:
1. The consumer may dissolve a contract relating to the purchase of a product during a reflection period of at least 14 days without giving any reason. The trader may ask the consumer for the reason for withdrawal, but may not require them to state their reason(s).
2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
a. If the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by them, received the last product. The trader may, provided they have clearly informed the consumer of this prior to the ordering process, refuse an order for several products with different delivery times.
b. If the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or part;
c. For contracts for regular delivery of products over a specified period: the day on which the consumer, or a third party designated by them, received the first product.
Article 7 - Consumer's obligations during the reflection period
1. During the reflection 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 establish its nature, characteristics and functioning. The starting point here is that the consumer may only handle and inspect the product as they would be permitted to do in a shop.
2. The consumer is only liable for any diminished value of the product resulting from handling of the product that goes beyond what is permitted under paragraph 1.
3. The consumer is not liable for any diminished value of the product if the trader has not provided them, before or at the conclusion of the contract, with all legally required information about the right of withdrawal.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer exercises their right of withdrawal, they will notify the trader within the reflection period by means of the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product, or hand it over to (an authorised representative of) the trader. This is not necessary if the trader has offered to collect the product themselves. The consumer has in any case observed the return period if they return the product before the reflection period has expired.
3. The consumer returns 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 trader.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If the trader has not stated that the consumer must bear these costs, or if the trader indicates that they will bear the costs themselves, the consumer does not need to bear the costs of return.
6. If the consumer withdraws after first expressly requesting that performance of the service, or the supply of gas, water or electricity not made ready for sale in a limited volume or quantity, begin during the reflection period, the consumer owes the trader an amount proportional to the part of the obligation fulfilled by the trader at the time of withdrawal, compared to full performance of the obligation.
7. The consumer bears no 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 trader has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs on withdrawal, or the model withdrawal form; or
b. The consumer did not expressly request the commencement of the performance of the service or the supply of gas, water, electricity or district heating during the reflection period.
8. The consumer bears no costs for the full or partial supply of digital content not supplied on a tangible medium, if:
a. They did not expressly agree, prior to its supply, to commence performance of the contract before the end of the reflection period;
b. They did not acknowledge that they would lose their right of withdrawal by giving their consent; or
c. The trader failed to confirm this statement from the consumer.
9. If the consumer exercises their right of withdrawal, all additional contracts are automatically dissolved by operation of law.
Article 9 - Trader's obligations in case of withdrawal
1. If the trader enables notification of withdrawal by the consumer electronically, they will send an acknowledgement of receipt promptly after receiving this notification.
2. The trader will reimburse all payments made by the consumer, excluding any delivery costs charged by the trader for the returned product, promptly and within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the trader offers to collect the product themselves, they may wait with reimbursement until they have received the product, or until the consumer proves that they have returned the product, whichever occurs first.
3. The trader will use the same means of payment for reimbursement that the consumer used, unless the consumer agrees to a different method. Reimbursement 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 trader does not have to reimburse the additional costs of the more expensive method.
Article 10 - Exclusion of the right of withdrawal
The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this with the offer, or at least in good time before the contract is concluded:
1. Products or services whose price is subject to fluctuations in the financial market over which the trader has no control and which may occur within the withdrawal period;
2. Contracts concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content and/or services are offered by the trader to the consumer, who is personally present or given the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service contracts, after full performance of the service, but only if:
a. Performance began with the consumer's express prior consent; and
b. The consumer has declared that they lose their right of withdrawal as soon as the trader has fully performed the contract;
4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and contracts for the carriage of passengers;
5. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
6. Contracts relating to leisure activities, if the contract provides for a specific date or period for their performance;
7. Products manufactured to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products which are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
10. Products which, after delivery, are irrevocably mixed with other products by their nature;
11. Alcoholic beverages whose price was agreed at the conclusion of the contract, but which can only be delivered after 30 days, and whose actual value depends on fluctuations in the market over which the trader has no control;
12. Sealed audio, video recordings and computer software of which the seal has been broken after delivery;
13. Newspapers, periodicals or magazines, with the exception of subscriptions to these;
14. The supply of digital content other than on a tangible medium, but only if:
a. Performance began with the consumer's express prior consent; and
b. The consumer has declared that they thereby lose their right of withdrawal.
Article 11 - The price
1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence, at variable prices. This dependency on fluctuations, and the fact that any prices stated are target prices, will be stated in the offer.
3. Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:
a. They result from statutory regulations or provisions; or
b. The consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
5. Prices stated in the offer of products or services include VAT.
Article 12 - Compliance with the contract and extended warranty
1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the contract was concluded. Where agreed, the trader also guarantees that the product is suitable for uses other than normal use.
2. Any extended warranty provided by the trader, their supplier, manufacturer or importer never limits the statutory rights and claims that the consumer may assert against the trader under the contract if the trader has failed to fulfil their part of the contract.
3. Extended warranty is understood to mean any commitment by the trader, their supplier, importer or manufacturer, whereby they grant the consumer certain rights or claims that go beyond what they are legally obliged to do in the event that they have failed to fulfil their part of the contract.
Article 13 - Delivery and performance
1. The trader will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the trader.
3. Subject to what is stated about this in Article 4 of these general terms and conditions, the trader will execute accepted orders with due speed but at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge, and the right to any compensation.
4. Following dissolution in accordance with the previous paragraph, the trader will promptly refund the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.
Article 14 - Continuous performance contracts: duration, termination and renewal
Termination:
1. The consumer may terminate a contract that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate a contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
3. With regard to the contracts referred to in the previous paragraphs, the consumer may:
a. terminate them at any time and not be limited to termination at a specific time or in a specific period;
b. terminate them at least in the same manner as they were entered into by them;
c. always terminate them with the same notice period as the trader has stipulated for themselves.
Renewal:
1. A contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.
2. Notwithstanding the previous paragraph, a contract entered into for a definite period that extends to the regular delivery of daily, news and weekly papers and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer may terminate this extended contract towards the end of the extension with a notice period of no more than one month.
3. A contract entered into for a definite period that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. The notice period is no more than three months in the event that the contract extends to the regular, but less than once a month, delivery of daily, news and weekly papers and magazines.
4. A contract of limited duration for the regular delivery of daily, news and weekly papers and magazines on a trial basis (trial or introductory subscription) is not tacitly continued and automatically ends after the trial or introductory period.
Duration:
1. If a contract has a duration of more than one year, the consumer may, after one year, terminate the contract at any time with a notice period of no more than one month, unless reasonableness and fairness dictate against termination before the end of the agreed duration.
Article 15 - Payment
1. Unless otherwise stipulated in the contract or additional terms, the amounts owed by the consumer must be paid within 14 days after the commencement of the reflection period, or, in the absence of a reflection period, within 14 days after the conclusion of the contract. In the case of a contract to provide a service, this period commences on the day after the consumer has received confirmation of the contract.
2. When selling products to consumers, the consumer may never be required, in general terms and conditions, to pay more than 50% in advance. When advance payment is stipulated, the consumer cannot assert any rights whatsoever regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer has a duty to promptly report any inaccuracies in payment details provided or stated to the trader.
4. If the consumer does not fulfil their payment obligation(s) on time, and after they have been notified by the trader of the late payment and the trader has granted the consumer a period of 14 days to still fulfil their payment obligations, then, if payment is not made within this 14-day period, statutory interest will be owed on the amount still due, and the trader is entitled to charge the extrajudicial collection costs they have incurred.
These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500;
10% on the next €2,500 and 5% on the next €5,000, with a minimum of €40.
The trader may deviate from the amounts and percentages stated above in the consumer's favour.
Article 16 - Complaints procedure
1. The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the performance of the contract must be submitted to the trader fully and clearly described within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
4. The consumer must in any case give the trader 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute resolution procedure.
Article 17 - Disputes
Dutch law exclusively applies to contracts between the trader and the consumer to which these general terms and conditions relate.
Article 18 - Additional or deviating provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.