general terms and conditions
- Article 1 – Definitions
- Article 2 – Identity of the entrepreneur
- Article 3 – Applicability
- Article 4 – The offer
- Article 5 – The agreement
- Article 6 – Right of withdrawal
- Article 7 – Obligations of the consumer during the cooling-off period
- Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
- Article 9 – Obligations of the entrepreneur in case of withdrawal
- Article 10 – Exclusion of the right of withdrawal
- Article 11 – The price
- Article 12 – Performance and extra guarantee
- Article 13 – Delivery and implementation
- Article 14 – Duration transactions: duration, termination and extension
- Article 15 – Payment
- Article 16 – Complaints procedure
- Article 17 – Retention of title
- Article 18 – Other provisions
ARTICLE 1 – DEFINITIONS
In these terms and conditions, the following terms mean:
1.1
Supplementary agreement: an agreement in 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 provided by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;
1.2
Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
1.3
Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or professional activity;
1.4
Day: calendar day;
1.5
Digital content: data that is produced and supplied in digital form;
1.6
Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
1.7
Durable medium: any instrument – including e-mail – that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation or use during a period that is tailored to the purpose for which the information is intended, and which allows unchanged reproduction of the stored information;
1.8
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period. However, this does not apply to the gift card; this product is not returnable due to the unique personally activated code;
1.9
Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
1.10
Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement, exclusive or shared use is made of one or more techniques for distance communication;
1.11
Technique for distance communication: a means that can be used for concluding an agreement, without the consumer and entrepreneur having to be in the same space at the same time;
1.12
Free item: If a free item is selected during the ordering process but is not visible in the order confirmation after the payment has been completed, the promotion is considered final and irrevocable. We reserve the right to deliver the order as confirmed, without adding the free item.
ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR
Business address: DE SIERADENCONCURRENT
Chamber of Commerce number: 86895877
VAT number: NL864138441B01
Customer service email: info@desieradenconcurrent.nl
ARTICLE 3 – APPLICABILITY
3.1
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
3.2
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 entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the request of the consumer.
3.3
If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer by electronic means in such a way that it can be stored by the consumer in a simple way on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be read electronically and that they will be sent free of charge by electronic or other means at the consumer's request.
3.4
In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer can always rely on the applicable provision that is most favorable to him in the event of conflicting terms and conditions.
ARTICLE 4 – THE OFFER
4.1
If an offer has a limited period of validity or is subject to conditions, this is explicitly stated in the offer.
4.2
The offer contains a complete and accurate description of the products, digital content 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, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
4.3
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
ARTICLE 5 – THE AGREEMENT
5.1
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set therein.
5.2
If the consumer has accepted the offer by electronic means, the entrepreneur will immediately confirm receipt of the acceptance of the offer by electronic means. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can rescind the agreement.
5.3
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe online environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose.
5.4
Within legal frameworks, the entrepreneur can inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible entry into the distance contract. If the entrepreneur has good grounds for not entering into the agreement based on this investigation, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5.5
The entrepreneur will, at the latest upon delivery of the product, service or digital content to the consumer, send 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 email address of the entrepreneur where the consumer can lodge complaints;
b.
the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
c.
the information about guarantees and existing post-purchase service;
d.
the price, including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
e.
the requirements for termination of the agreement if the agreement has a duration of more than one year or is for an indefinite period;
5.6
In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
ARTICLE 6 – RIGHT OF WITHDRAWAL
For products:
6.1
The consumer can rescind an agreement regarding the purchase of a product during a cooling-off period of 14 days without giving any reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but the consumer is not obliged to state his reason(s).
6.2
The cooling-off 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 multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided that he has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with a different delivery time.
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 him, has received the last shipment or the last part;
c.
for agreements for regular 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.
For services and digital content not supplied on a material medium:
6.1
The consumer can rescind a service agreement and an agreement for the supply of digital content not supplied on a material medium for 14 days without giving any reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but the consumer is not obliged to state his reason(s).
6.2
The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
ARTICLE 7 – OBLIGATIONS OF THE CONSUMER DURING THE COOLING-OFF PERIOD
7.1
During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
7.2
The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
ARTICLE 8 – EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND COSTS THEREOF
8.1
If the consumer exercises his right of withdrawal, he shall notify this to the entrepreneur within the cooling-off period by sending an email to info@desieradenconcurrent.nl in which he at least states:
a.
the reason for using his right of withdrawal
b.
the order number of the order to which the withdrawal applies
c.
the products and/or services for which he wishes to use his right of withdrawal
8.2
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product, or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
8.3
The consumer shall return the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
8.4
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
8.5
The consumer bears the direct costs of returning the product. [Not to be borne for return shipment.]
8.6
If the consumer withdraws after having first explicitly requested that the performance of the service which is not made ready for sale in a limited volume or specified quantity begins during the cooling-off period, the consumer owes the entrepreneur an amount proportional to that part of the obligation that has been performed by the entrepreneur at the moment of withdrawal, compared to the full compliance with the obligation.
8.7
If the consumer makes use of his right of withdrawal, all supplementary agreements are automatically rescinded.
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ARTICLE 9 – OBLIGATIONS OF THE ENTREPRENEUR IN CASE OF WITHDRAWAL |
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9.1 |
If the entrepreneur makes the notification of withdrawal by the consumer possible by electronic means, he shall immediately send a confirmation of receipt after receiving this notification. |
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9.2 |
The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer reports the withdrawal to him. Unless the entrepreneur offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer proves that he has returned the product, whichever is earlier. |
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9.3 |
The entrepreneur shall use the same means of payment that the consumer used for repayment, unless the consumer agrees to another method. The repayment is free of charge for the consumer. |
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9.4 |
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to repay the additional costs for the more expensive method. |
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ARTICLE 10 – EXCLUSION OF THE RIGHT OF WITHDRAWAL |
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The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this with the offer, at least in good time before the conclusion of the agreement: |
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1. |
Products or services whose price is tied to fluctuations in the financial market on which the entrepreneur has no influence and which may occur within the withdrawal period; |
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2. |
Agreements concluded during a public auction. A public auction is defined as a sales method where products, digital content and/or services are offered by the entrepreneur 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 where the successful bidder is obliged to purchase the products, digital content and/or services; |
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3. |
Service agreements, after full performance of the service, but only if: |
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a. |
the performance has begun with the consumer's explicit prior consent; and |
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b. |
the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the agreement; |
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4. |
Package travel as referred to in article 7:500 of the Dutch Civil Code and passenger transport agreements; |
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5. |
Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, transport of goods, car rental services and catering; |
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6. |
Agreements related to leisure activities, if the agreement provides for a specific date or period of performance thereof; |
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7. |
Products manufactured according to the consumer's specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person; |
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8. |
Products that spoil quickly or have a limited shelf life; |
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9. |
Sealed products that are not suitable for return for health protection or hygienic reasons and whose seal has been broken after delivery; |
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10. |
Products that, by their nature, are irrevocably mixed with other products after delivery; |
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11. |
Alcoholic beverages, the price of which has been agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence; |
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12. |
Sealed audio and video recordings and computer software, the seal of which has been broken after delivery; |
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13. |
Newspapers, periodicals or magazines, with the exception of subscriptions to these; |
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14. |
The supply of digital content other than on a tangible medium, but only if: |
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a. |
performance has begun with the consumer's express prior consent; and |
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b. |
the consumer has acknowledged that they thereby lose their right of withdrawal. |
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ARTICLE 11 – THE PRICE |
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11.1 |
During the validity period 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. |
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11.2 |
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices where the prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This link to fluctuations and the fact that any prices stated are target prices will be mentioned with the offer. |
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11.3 |
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions. |
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11.4 |
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: |
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a. |
these are the result of statutory regulations or provisions; or |
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b. |
the consumer has the authority to cancel the agreement effective from the day the price increase takes effect. |
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11.5 |
The prices stated in the offer of products or services include VAT. |
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11.6 |
Discount codes, automatic discounts, promotional prices and other offers cannot be combined with each other, unless explicitly stated otherwise. Only one discount or promotion can be applied per order. De Sieraden Concurrent reserves the right to correct an incorrectly combined discount or to cancel the order. |
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ARTICLE 12 – COMPLIANCE WITH AGREEMENT AND ADDITIONAL WARRANTY |
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12.1 |
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. |
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12.2 |
The entrepreneur does not guarantee that the product is suitable for other than normal use. |
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12.3 |
An additional warranty provided by the entrepreneur, their supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill their part of the agreement. |
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12.4 |
Additional warranty is understood to mean any commitment of the entrepreneur, their supplier, importer or producer in which they grant the consumer certain rights or claims that go beyond what is legally required in the event that they have failed to fulfill their part of the agreement. |
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ARTICLE 13 – DELIVERY AND PERFORMANCE |
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13.1 |
The entrepreneur will observe the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services. |
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13.2 |
The place of delivery is the address that the consumer has made known to the entrepreneur. |
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13.3 |
Observing what has been stated about this in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but at the latest within 30 days, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be or only partially be executed, the consumer will receive notification of this no later than 30 days after they placed the order. In that case, the consumer has the right to dissolve the agreement without costs and the right to any compensation. |
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13.4 |
After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid. |
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13.5 |
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless otherwise explicitly agreed. |
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ARTICLE 14 – CONTINUING PERFORMANCE CONTRACTS: TERMINATION, RENEWAL AND DURATION |
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Termination: |
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14.1 |
The consumer may terminate an agreement that has been entered into for an indefinite period and which 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 at most one month. |
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14.2 |
The consumer may terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the definite duration, subject to the agreed termination rules and a notice period of at most one month. |
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14.3 |
The consumer may terminate the agreements mentioned in the previous paragraphs: |
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a. |
at any time and not be limited to termination at a specific time or in a specific period; |
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b. |
at least terminate in the same manner as they were entered into by them; |
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c. |
always terminate with the same notice period as the entrepreneur has stipulated for themselves. |
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Renewal: |
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14.4 |
An agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite duration. |
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14.5 |
Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite duration of a maximum of three months, if the consumer can terminate this extended agreement towards the end of the extension with a notice period of at most one month. |
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14.6 |
An agreement that has been entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite duration if the consumer may terminate at any time with a notice period of at most one month. The notice period is at most three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines. |
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14.7 |
An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period. |
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Duration: |
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14.8 |
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration. |
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ARTICLE 15 – PAYMENT |
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15.1 |
Insofar as not otherwise provided in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the commencement of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period starts on the day after the consumer has received the confirmation of the agreement. |
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15.2 |
When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. When advance payment is stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service(s) before the stipulated advance payment has taken place. |
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15.3 |
The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur. |
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15.4 |
If the consumer does not fulfill their payment obligation(s) in time, they are, after having been pointed out by the entrepreneur to the late payment and the entrepreneur having granted the consumer a period of 14 days to fulfill their payment obligations, after failure to pay within this 14-day period, due the statutory interest on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by them. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the following €2,500 and 5% on the next €5,000, with a minimum of €40. The entrepreneur can deviate from the mentioned amounts and percentages in favor of the consumer. |
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ARTICLE 16 – COMPLAINTS PROCEDURE |
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16.1 |
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure. |
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16.2 |
Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects. |
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16.3 |
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 entrepreneur will respond within the period of 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer. |
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ARTICLE 17 – RETENTION OF TITLE |
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The ownership of the delivered products will only pass to the consumer once they have paid the full amount due to the entrepreneur. The risk of the products passes to the consumer at the moment of delivery. |
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ARTICLE 18 – ADDITIONAL PROVISIONS |
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18.1 |
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. |
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18.2 |
The entrepreneur is entitled to amend these general terms and conditions. Amendments to these terms will only take effect after they have been published, provided that in the event of applicable changes during the validity of an offer, the provision most favorable to the consumer will prevail. |
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