Article 1 – Definitions
In these General Terms and Conditions (hereinafter: the “GTC”) will be understood under:
- Additional agreement: an agreement whereby the Consumer acquires products, digital content and/or services in connection with a distance agreement and these goods, digital content and/or services are delivered by the Entrepreneur or by a third party on the basis of an agreement between that third party and the Entrepreneur;
- Withdrawal period: the term within which the Consumer can make use of his right of withdrawal;
- Consumer: the natural person that does not act for purposes that relate with his trade, enterprise, or professional activity;
- Day: calendar day;
- Digital content: data that are produced and delivered in digital form;
- Duration agreement: an agreement that purports to the periodic delivery of goods, services and/or digital content during a defined period;
- Sustainable information carrier: each aid – including also e-mail – that enables the Consumer or Entrepreneur to store information that is addressed to him personally, in a manner that makes possible future consultation or use during a period that is tuned to the purpose for which the information is destined, and that makes unchanged reproduction of the stored information possible;
- Right of withdrawal: the possibility of the Consumer to withdraw within the withdrawal period from the distance agreement;
- Entrepreneur: the natural or legal person that offers products, (access to) digital content and/or services on a distance to consumers;
- Distance agreement: an agreement that is concluded between the Entrepreneur and the Consumer in the framework of an organised system for sale on a distance of products, digital content and/or services, whereby up to and including the conclusion of the agreement solely or where use is made of one or more techniques for communication on a distance;
- Model form for withdrawal: the European Model form for withdrawal included in Exhibit I of these GTC.
- Technique for communication on a distance: means that can be used for the conclusion of an agreement, without that Consumer and Entrepreneur have needed to come together simultaneously in the same room.
Article 2 – Identity of the Entrepreneur
Comfortable the Netherlands B.V.;
Rooswijkweg 271, 1951 ME, Velsen-Noord, the Netherlands;
Phone number: 00-31-(0)251-268025
E-mail address: firstname.lastname@example.org
Chamber of Commerce number: 37127517
VAT-identification number: NL8176.85.728.B01
Article 3 – Applicability
- These GTC are applicable to each offer of the Entrepreneur and to each concluded distance agreement between Entrepreneur and Consumer.
- Before the distance agreement is concluded, the text of these GTC will be made available to the Consumer. If this reasonably is not possible, the Entrepreneur shall before the distance agreement is concluded, indicate in which manner the GTC can be viewed at the Entrepreneur and that they will be sent upon request of the Consumer will be sent as soon as possible free of charge.
- If the distance agreement is concluded electronically, in deviation of the previous section and before the distance agreement is concluded, the text of these GTC can be made available electronically to the Consumer in such a manner that these can be stored by the Consumer in a simple manner on a sustainable information carrier. If this is reasonably not possible, before the distance agreement is concluded, it shall be stated where, of the GTC made available electronically, knowledge can be taken and that they will be sent upon request of the Consumer electronically or in another manner.
- In case that next to these GTC also specific product or service terms and conditions are applicable, then the second and third section are equally applicable and the Consumer can in case of contradictory terms and conditions always make a claim on the applicable stipulation that is the most favourable for him.
Article 4 – The offer
- If an offer has a limited validity period or takes place under terms and conditions, then this will be stated explicitly in the offer.
- The offer contains a complete and precise description of the offered products, digital content and/or services. The description is sufficiently detailed to make a good assessment of the offer by the Consumer possible. If the Entrepreneur makes use of images, then these are a representation according to the truth of the offered products, services and/or digital content. Obvious mistakes or obvious errors in the offer do not bind the Entrepreneur.
- Each offer contains such information, that it is clear for the Consumer what the rights and obligations are that are connected to the acceptation of the offer.
Article 5 – The agreement
- The agreement is concluded, under the precondition of the stipulations in section 4, on the moment of acceptation by the Consumer of the offer and the compliance with the terms and conditions set thereto.
- If the Consumer has accepted the offer electronically, the Entrepreneur confirms without delay electronically the receipt of the acceptation of the offer. For as long as the receipt of this acceptation has not been confirmed by the Entrepreneur, the Consumer can dissolve the agreement.
- If the agreement is concluded electronically, the Entrepreneur will take suitable technical and organisational measures for the security of the electronic transfer of data and he will arrange for a secure web environment. If the Consumer can pay electronically, the Entrepreneur shall thereto ensure suitable security measures.
- The Entrepreneur can within lawful frameworks – inform himself whether or not the Consumer can comply with his payment obligations, as well as of all those facts and factors that are of importance for a responsible conclusion of the distance agreement. If the Entrepreneur on the basis of this research has good grounds not to conclude the agreement, then he is authorised to refuse with motivation an order or application or to set special terms and conditions to the execution.
- The Entrepreneur shall send along, no later than at the delivery of the product, the service or digital content, to the Consumer the following information, in writing or in such a manner that this can be stored by the Consumer in an accessible manner on a sustainable information carrier:
- the visiting address of the branch of the Entrepreneur where the Consumer can turn to with complaints;
- the terms and conditions under which and the manner in which the Consumer can make use of the right of withdrawal, or a clear notification of the exclusion of the right of withdrawal;
- the information about warranties and existing service after purchase;
- the price including all taxes of the product, service or digital content; insofar applicable the costs of delivery; and the manner of payment, delivery or execution of the distance agreement;
- the requirements for cancellation of the agreement if the agreement has a duration of more than one year or is of an undefined period;
- If the Consumer has a right of withdrawal, the Model form for withdrawal.
- In case of a duration transaction the stipulation in the previous section is only applicable to the first delivery.
Article 6 – Right of withdrawal
In case of products:
- The Consumer can dissolve an agreement with regard to the purchase of a product during a withdrawal period of at least 14 days without stating reasons. The Entrepreneur may ask the Consumer for the reason of withdrawal, but not oblige him to state his reason(s).
- The withdrawal period mentioned in section 1 starts on the day after the Consumer, or a third party designated by the Consumer in advance, who is not the transporter has received the product, or:
- If the Consumer in the same order has ordered several products: the day on which the Consumer, or a third party designated by him, has received the latest product. The Entrepreneur may, provided that he has informed the Consumer about this prior to the ordering process in a clear manner, refuse an order of several products with a different delivery time.
- If the delivery of a product consists of various shipments or parts: the day on which the Consumer, or a third party designated by him, has received the last shipment or the last part;
- In case of agreements for periodic delivery of products during a certain period: the day on which the Consumer, or a third party designated by him, has received the first product.
Extended withdrawal period for products, services and digital content that are not delivered on a material carrier in case of not informing about right of withdrawal:
- If the Entrepreneur has not provided the Consumer with the legally mandatory information about the right of withdrawal or the Model form for withdrawal, then the withdrawal period ends twelve months after the end of the original withdrawal period, established in accordance with the previous sections of this article.
- If the Entrepreneur has provided the information referred to in the previous section to the Consumer within twelve months after the starting date of the original withdrawal period, then the withdrawal period expires 14 days after the day on which the Consumer has received that information.
Article 7 – Obligations of the Consumer during the withdrawal period
- During the withdrawal period the Consumer shall handle the product and the packaging carefully. He shall only unpack or use the product to the degree that is necessary to establish the nature, the features and the working of the product. The point of departure herewith is that the Consumer may only handle and inspect the product like he would be allowed to do in a shop.
- The Consumer is only liable for value reduction of the product that is the consequence of a manner of dealing with the product that goes beyond what is permitted in section 1.
- The Consumer is not liable for value reduction of the product if the Entrepreneur has not provided him before or at the conclusion of the agreement with all lawfully mandatorily required information about the right of withdrawal.
Article 8 – Exercise of the right of withdrawal by the Consumer and costs thereof
- If the Consumer makes use of his right of withdrawal, then he will report this within the withdrawal period by means of the Model form for withdrawal or in another unambiguous manner to the Entrepreneur.
- As soon as possible, but within 14 days from the day following the notification referred to in section 1, the Consumer will send the product back, or hands it over to (a proxy of) the Entrepreneur. This is not required if the Entrepreneur has offered to collect the product. The Consumer has observed the term for return in each case if he sends back the product before the withdrawal period has expired.
- The Consumer sends the product back with all delivered accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by the Entrepreneur.
- The risk and the burden of evidence for the correct and timely exercise of the right of withdrawal lies with the Consumer.
- The Consumer bears the direct costs of the sending back of the product. If the Entrepreneur has not stated that the Consumer must bear these costs or if the Entrepreneur states to bear the costs, then the Consumer does not have to bear the costs for sending back.
- If the Consumer makes use of his right of withdrawal, then all additional agreements are dissolved by law.
Article 9 – Obligations of the Entrepreneur in case of withdrawal
- If the Entrepreneur makes the notification of withdrawal by the Consumer in an electronic manner possible, then he sends after receipt of this notification without delay a confirmation of receipt.
- The Entrepreneur compensates all payments by the Consumer, inclusive of possible delivery costs brought into account by the Entrepreneur for the returned product, without delay but within 14 days following on the day on which the Consumer notifies him of the withdrawal. Unless the Entrepreneur offers to collect the product, he may wait with repayment till he has received the product or till the Consumer proves that he has sent back the product, depending on the earlier of the two.
- The Entrepreneur uses for the repayment the same payment instrument that the Consumer has used, unless the Consumer agrees with another method. The repayment is free of charge for the Consumer.
- If the Consumer has opted for a more expensive method of delivery than the cheapest standard delivery, then the Entrepreneur is not required to repay the additional costs for the more expensive method.
Article 10 – Exclusion right of withdrawal
The Entrepreneur can exclude the following products and services from the right of withdrawal, but only if the Entrepreneur has stated this clearly at the offer, at least timely before the conclusion of the agreement:
- Products or services of which the price is linked to fluctuations on the financial market on which the Entrepreneur has no influence and that can occur within the withdrawal period;
- Agreements that are concluded during a public auction. Under a public auction is understood a method of sale whereby products, digital content and/or services are offered by the Entrepreneur to the Consumer that is personally present or gets the possibility to be personally present at the auction, under the management of an auction master, and whereby the successful bidder is obliged to take off the products, digital content and/or services;
- Products manufactured according to specifications of the Consumer, that are to be prefabricated and that are manufactured on the basis of an individual choice or decision of the Consumer, or that clearly are destined for a specific person;
- Products that deteriorate fast or have a limited best before date;
- Sealed products that for reasons of health protection or hygiene are not suitable to be sent back and of which the seal has been broken after delivery;
- Products that after delivery by their nature are irrevocably mixed with other products;
Article 11 – The price
- 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 as a consequence of changes in VAT-rates.
- In deviation of the previous section the Entrepreneur can offer products or services of which the prices are linked to fluctuations in the financial market and on which the Entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that possibly stated prices are guidance prices, will be stated at the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the consequence of lawful regulations or stipulations.
- Price increases from 3 months after the conclusion of the agreement are only permitted if the Entrepreneur has stipulated this and: b. the Consumer has the authority to cancel the agreement as of the day on which the price increase starts.
- These are the consequence of lawful regulations or stipulations; or
- The prices mentioned in the offer of products or services are inclusive of VAT.
Article 12 – Compliance with agreement and extra warranty
- The Entrepreneur warrants that the products and/or services comply with the agreement, the specifications stated in the offer, and with the reasonable requirements of properness and/or usability and the existing lawful stipulations and/or government prescriptions on the date of the conclusion of the agreement. If agreed, the Entrepreneur also warrants that the product is suitable for other than normal use.
- An extra warranty provided by the Entrepreneur, his supplier, manufacturer or importer never limits the lawful rights and claims that the Consumer can make valid on the basis of the agreement towards the Entrepreneur if the Entrepreneur has come short in the compliance with his part of the agreement.
- Under extra warranty is being understood each legal obligation of the Entrepreneur, his supplier, importer or producer in which this grants to the Consumer certain rights or claims that go further that to what he is obliged by law in case he has come short in the compliance with his part of the agreement.
Article 13 – Delivery and execution
- The Entrepreneur shall observe the largest possible care at the taking into receipt and at the execution of ordering products and at the assessment of applications for the provision of services.
- As place of delivery is regarded the address that the Consumer has made known to the Entrepreneur.
- In compliance with what has been said about this in article 4 of these GTC, the Entrepreneur shall execute accepted orders with able speed but no later than within 30 days, unless another delivery term has been agreed. If the delivery experiences delay, or if an order cannot or only partially be executed, then the Consumer will receive notification hereof no later than 30 days after he has placed the order. The Consumer has in that case the right to dissolve the agreement without costs and a right to possible compensation of damage.
- After dissolution in accordance with the previous section the Entrepreneur shall repay the amount that the Consumer has paid without delay.
- The risk of damaging and/or going missing of products is with the Entrepreneur till the moment of delivery to the Consumer or a representative designated and made known in advance to the Entrepreneur, unless explicitly agreed differently.
Article 14 – Ongoing transactions: duration, cancellation and extension
- The Consumer can at all times cancel an agreement that has been concluded for a undefined period and that purports to the periodic delivery of products (electricity therein included) or services, observing the cancellation rules agreed thereto and a notice period of no more than one month.
- The Consumer can at all times cancel an agreement that has been concluded for a defined period and that purports to the periodic delivery of products (electricity therein included) or services, against the end of the defined period observing the cancellation rules agreed thereto and a notice period of no more than one month.
- The Consumer can cancel the agreements mentioned in the previous sections:
- at all times and not limited to cancellation on a certain time or in a defined period;
- at least in the same manner as it was concluded by him;
- always with the same notice period as the Entrepreneur stipulated for himself.
- An agreement that is concluded for a defined period and that purports to the periodic delivery of products (electricity therein included) or services, may not be extended or renewed tacitly for a defined period.
- In deviation of the previous section an agreement that has been concluded for a defined period and that purports to the periodic delivery of daily, news and weekly papers and magazines may be extended tacitly for a defined period of a maximum of three months, if the Consumer can cancel this extended agreement against the end of the extension with a notice period of no more than one month.
- An agreement that is concluded for a defined period and that purports to the periodic delivery of products or services, may only be extended tacitly for an undefined period if the Consumer at all times may cancel with a notice period of no more than one month. The notice period is no more than three months in case the agreement purports to the periodic, but less than once per month, delivery of daily, news and weekly papers and magazines.
- An agreement with limited duration to the periodic delivery for introduction of daily, news and weekly papers and magazines (trial or introduction subscription) will not be continued tacitly and ends automatically after the expiry of the trial or introduction period.
- If an agreement has a duration of more than one year, the Consumer may after a year cancel the agreement at all times with a notice period of no more than one month, unless the reasonableness and fairness object to cancellation before the end of the agreed duration.
Article 15 – Payment
- Insofar not determined otherwise in the agreement or additional terms and conditions, the amounts due by the Consumer must be paid within 14 days after the start of the withdrawal period, or in case of the absence of a withdrawal period within 14 days after the conclusion of the agreement. In case of an agreement to the provision of a service, this term starts on the day after the Consumer has received the confirmation of the agreement.
- In case of the sale of products to consumers the Consumer shall never be obliged in terms and conditions to prepayment of more than 50%. When prepayment has been stipulated, the Consumer can make claim whatsoever concerning the execution of the concerned order or service(s), before the stipulated prepayment has taken place.
- The Consumer has the obligation to report incorrectness’s in provided or stated payment data without delay to the Entrepreneur.
- If the Consumer does not comply timely with his payment obligation(s), after he has been pointed by the Entrepreneur to the too late payment and the Entrepreneur has granted the Consumer a term of 14 days to comply with his payment obligations after all, after the absence of payment within this 14-days-term, he is liable to pay over the yet due amount the lawful interest and is the Entrepreneur authorised to bring the out-of-court collection costs made by him into account. These collection costs amount to a maximum of: 15% over due amounts up to € 2,500; 10% over the following € 2,500 and 5% over the following € 5,000 with a minimum of € 40. The Entrepreneur can deviate to the benefit of the Consumer from the mentioned amounts and percentages.
Article 16 – Complaints regulation
- The Entrepreneur has the disposition over a sufficiently made known complaints procedure and will treat the complaint in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted within able time after the Consumer has established the defects, completely and clearly described to the Entrepreneur.
- Complaints submitted to the Entrepreneur will be answered within a term of 14 days to be counted from the date of receipt. If a complaint requires a foreseeable longer processing time, then within the term of 14 days a reply will be given by the Entrepreneur with a confirmation of receipt and an indication when the Consumer can expect a more extensive answer.
- If the complaint cannot be resolved within a reasonable term or within 3 months after the submission of the complaint in mutual consultation, then a dispute emerges that is eligible for the dispute regulation.
Article 17 – Disputes
- Solely the laws of the Netherlands are applicable to agreements between the Entrepreneur and the Consumer to which these GTC apply.
Article 18 – Additional or deviating stipulations
Additional stipulations or stipulations deviating from these GTC may not be to the detriment of the Consumer and must be recorded in writing or in such a manner that these can be stored by the Consumer in an accessible manner on a sustainable information carrier.