Artikel 1 – Definities

In these terms and conditions, the following definitions shall apply:

  • Withdrawal period: the period within which the consumer can exercise his right of withdrawal;

  • Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;

  • Day: calendar day;

  • Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

  • Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation and unaltered reproduction of the stored information.

  • Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

  • Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;

  • Distance contract: an agreement where, in the context of a system organised by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;

  • Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room at the same time.

Article 2 – Identity of the entrepreneur

E-commerce deluxe
Karelboumanstraat 17
5262HM Vught
Chamber of Commerce number: 74493752
BTW-identificatienummer: NL002433398B54

Article 3 – Applicability

  • These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and consumers.

  • Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur’s premises and they will be sent free of charge as soon as possible at the consumer’s request.

  • If the distance contract is concluded electronically, 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 data carrier. If this is not reasonably possible, prior to the conclusion of the distance contract, it will be indicated where the general terms and conditions can be inspected electronically and that, at the consumer’s request, they will be sent electronically or otherwise free of charge.

  • In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to him.

  • If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force and the provision in question shall be replaced without delay by mutual agreement with a provision that approximates the purport of the original as much as possible.

Article 4 – The offer

  • If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.

  • The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.

  • The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services on offer. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

  • All images, specifications data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.

  • Images of products are a true representation of the products on offer. Operator cannot guarantee that the colours displayed exactly match the real colours of the products.

  • Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in the

  • Price including taxes;

  • Any delivery costs;

  • The way in which the agreement will come into being and what actions are required to do so;

  • Whether or not the right of withdrawal applies;

  • The method of payment, delivery or performance of the agreement;

  • The deadline for accepting the offer, or the deadline for honouring the price;

  • The amount of the rate for distance communication if the cost of using the technique for distance communication is calculated on a basis other than the basic rate;

  • If the agreement is archived after conclusion, in what way it can be accessed by the consumer;

  • The manner in which the consumer can become aware of acts not wanted by him before the conclusion of the contract and the manner in which he can rectify them before the contract is concluded;

  • Any languages in which, in addition to Dutch, the agreement may be concluded;

  • The codes of conduct to which the trader has submitted and the way in which the consumer can consult these codes of conduct electronically; and

  • The minimum duration of the distance contract in the case of a contract for continuous or periodic delivery of products or services.

Article 5 – The agreement

  • Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.

  • If the consumer has accepted the offer electronically, the trader shall confirm receipt of acceptance of the offer electronically without delay. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

  • If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures to this end.

  • The entrepreneur can – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution, while giving reasons.

  • The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:

  • the conditions under which and the way in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;

  • the information on guarantees and existing after-sales service;

  • the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the execution of the agreement;

  • the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

  • In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.

  • Each agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

On delivery of products:

  • When purchasing products, consumers have the option of dissolving the agreement without giving reasons for 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.

  • During the cooling-off period, the consumer will handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all delivered accessories and – if reasonably possible – in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

  • If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days, after receiving the product. Notification should be made by the consumer using the model form. After the consumer has expressed his wish to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered items were returned in time, e.g. through proof of dispatch.

  • If the customer has not expressed his wish to use his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

On provision of services:

  • When services are supplied, the consumer has the option of dissolving the contract without giving reasons for at least 14 days starting from the day of entering into the contract.

  • To make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the operator at the time of the offer and/or at the latest upon delivery.

Article 7 – Costs in case of withdrawal

  • If the consumer exercises his right of withdrawal, at most the costs of return shipment will be at his expense.

  • If the consumer has paid an amount, the operator will refund this amount as soon as possible, but at the latest within 14 days after revocation. This is subject to the condition that the product has already been received back by the merchant or conclusive proof of complete return can be provided. Refunds will be made via the same payment method used by the consumer unless the consumer expressly authorises another payment method.

  • If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any depreciation in value of the product.

Article 8 – Exclusion of the right of withdrawal

  • The trader may exclude the consumer’s right of withdrawal for products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader clearly stated this in the offer, at least in good time before concluding the contract.

  • Exclusion of the right of withdrawal is only possible for products:

  • Which have been created by the entrepreneur in accordance with the consumer’s specifications;

  • Which are clearly personal in nature;

  • Which by their nature cannot be returned;

  • Which can spoil or age quickly;

  • The price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;

  • For loose newspapers and magazines;

  • For audio and video recordings and computer software whose seals have been broken by the consumer.

  • For hygienic products whose seal has been broken by the consumer. only accepts the return of unopened packages due to hygienic reasons. Returning used hygienic products is not possible and once the packaging has been opened may apply a reduction in value. (Art 6:230 S LID 3BW, exceptions; Art 6:230 P BW)

Exclusion of the right of withdrawal is only possible for services:

  • concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;

  • whose delivery has started with the consumer’s express consent before the cooling-off period has expired;

  • On betting and lotteries.

Article 9 – The price

  • During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

  • Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices quoted are target prices are stated with the offer.

  • Price increases within 3 months of the conclusion of the agreement are only allowed if they result from legal regulations or provisions.

  • Price increases from 3 months after concluding the contract are only allowed if the trader has stipulated it and they are the result of legal regulations or provisions or the consumer has the authority to cancel the contract from the day on which the price increase takes effect.

  • The prices mentioned in the offer of products or services include VAT.

  • All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10- Warranty

  • The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

  • A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.

  • Any defective or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.

  • The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

  • The guarantee does not apply if:

  • The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;

  • The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or treated on the packaging;

  • The defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government on the nature or quality of the materials used.

Article 11 – Delivery

  • The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.

  • The place of delivery is the address that the consumer has made known to the company.

  • Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with convenient speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be notified no later than 30 days after the order was placed. In this case, the consumer has the right to dissolve the contract without cost. The consumer is not entitled to compensation.

  • All delivery times are indicative. The consumer cannot derive any rights from any deadlines mentioned. Exceeding a deadline does not entitle the consumer to compensation.

  • In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.

  • If delivery of an ordered product turns out to be impossible, the entrepreneur will make every effort to provide a replacement item. At the latest upon delivery, clear and comprehensible notice will be given that a replacement item will be delivered. Replacement items cannot exclude the right of withdrawal. The costs of any return shipment shall be borne by the entrepreneur.

  • The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless explicitly agreed otherwise.

Article 12 – Duration transactions

  • The consumer may terminate an open-ended contract at any time subject to agreed termination rules and a notice period not exceeding one month.

  • An agreement entered into for a fixed term has a maximum term of two years. If it has been agreed that in the event of the consumer’s silence, the distance contract will be renewed, the contract will continue as an open-ended contract and the notice period after continuation of the contract will not exceed one month.

Article 13 – Payment

  • Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period referred to in Article 6(1). In the case of a contract to provide a service, this period starts after the consumer receives the confirmation of the contract.

  • The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.

  • In case of non-payment by the consumer, subject to legal restrictions, the entrepreneur has the right to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

  • The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.

  • Complaints on the performance of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has identified the defects.

  • Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the operator will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

  • If the complaint cannot be resolved by mutual agreement, a dispute arises which is susceptible to dispute resolution.

  • A complaint does not suspend the operator’s obligations unless the operator indicates otherwise in writing.

  • If a complaint is found valid by the operator, the operator will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 – Additional or different 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 data carrier.