General terms and conditions
**General Terms and Conditions**
**Table of contents**
- Article 1 - Definitions
- Article 2 - Identity of the entrepreneur
- Article 3 - Applicability
- Article 4 - The offer
- Article 5 - The agreement
- Article 6 - Right of withdrawal
- Article 7 - Costs in case of revocation
- Article 8 - Exclusion of the right of withdrawal
- Article 9 - The price
- Article 10 - Conformity and warranty
- Article 11 - Delivery and execution
- Article 12 - Duration transactions: duration, termination and extension
- Article 13 - Payment
- Article 14 - Complaints procedure
- Article 15 - Disputes
- Article 16 - Additional or deviating provisions
**Article 1 - Definitions**
In these terms and conditions the following terms shall have the following meanings:
1. Reflection period: the period within which the consumer can make use of his right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
5. Durable medium: any instrument which enables the consumer or the entrepreneur to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information;
6. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
7. Model form: the model withdrawal form made available by the trader that a consumer can fill in when he wants to exercise his right of withdrawal;
8. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
9. Distance contract: an agreement concluded between the consumer within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, whereby up to and including the moment the agreement is concluded exclusive use is made of one or more techniques for distance communication;
10. Distance communication technology: means that can be used to conclude an agreement without the consumer and the entrepreneur being in the same place at the same time;
11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
**Article 2 - Identity of the entrepreneur**
CandyMixer.nl
The Netherlands
T: (06) 30 69 41 61
E:info@candymixer.nl
Chamber of Commerce number: 90263790
VAT number: NL004801976B57
**Article 3 - Applicability**
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded that the general terms and conditions are available for inspection at the company's premises and will be sent to the consumer free of charge as soon as possible upon request.
3. 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 the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, the consumer will be informed where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer's request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and, in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favourable to him.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will otherwise remain in force and the provision in question will be replaced without delay by mutual agreement by a provision that approximates the purport of the original as closely as possible.
6. Situations that are not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
7. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these terms and conditions.
**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 is non-binding. The entrepreneur is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these must be a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
5. Product images are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
6. Each offer contains sufficient information to clearly indicate to the consumer the rights and obligations associated with accepting the offer. This includes, in particular:
- the price including taxes;
- any costs of shipping;
- the manner in which the agreement will be concluded and the actions required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and execution of the agreement;
- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the amount of the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular basic rate for the means of communication used;
- whether the agreement is archived after it has been concluded, and if so, at which location the consumer can consult it;
- the manner in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if necessary, correct it;
- any other 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 long-term transaction.
**Article 5 - The Agreement**
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the trader has not confirmed this acceptance, the consumer may terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all the facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the contract, they are entitled to refuse an order or request with reasons or to impose special conditions on its execution.
5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
- the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
- the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information about guarantees and existing after-sales service;
- the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to 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.
6. In the case of a long-term transaction, the provision
**Article 6 - Right of withdrawal**
1. **Exclusion of Right of Withdrawal**:
- The consumer has no right of withdrawal for the delivery of products that spoil quickly or have a limited shelf life, such as sweets, snacks, and drinks.
- The right of withdrawal is excluded for 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.
2. **Entry and Exercise of Right of Withdrawal**:
If the right of withdrawal applies, the consumer has the right to withdraw from the contract within 14 days without giving any reason. The withdrawal period expires 14 days after the day on which the consumer or a third party designated by the consumer, other than the carrier, acquires physical possession of the product.
To exercise the right of withdrawal, the consumer must inform the trader of their decision to withdraw from the contract by an unambiguous statement (e.g., a letter sent by mail or email). The consumer may use the model withdrawal form for this purpose, but is not obligated to do so.
3. **Consequences of Cancellation**:
- If the consumer revokes the contract, the consumer will receive back all payments made up to that point, excluding the delivery costs, without delay and in any event not later than 14 days after the trader has been informed of the consumer's decision to revoke the contract.
- The trader will reimburse the consumer using the same means of payment as the initial transaction, unless the consumer has expressly agreed otherwise; in any event, you will not incur any fees for such reimbursement.
- The entrepreneur can wait with reimbursement until the entrepreneur has received the goods back or the consumer has demonstrated that he has sent back the goods, whichever is the earliest.
4. **Return of Goods**:
The consumer must return or hand over the goods to the trader without delay, but in any event no later than 14 days after the day on which they communicate their decision to withdraw from the contract to the trader. The consumer is on time if they return the goods before the 14-day period has expired.
- The direct costs of returning the goods shall be borne by the consumer.
- The consumer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
5. **Return Exclusion**:
- Products that cannot be returned for hygiene or health reasons, such as opened candy, snacks, and drinks, are not eligible for return. The company reserves the right to refuse returns if the products do not meet the withdrawal requirements.
**Article 7 - Costs in case of revocation**
1. If the consumer exercises his right of withdrawal, the costs of return will be borne by him.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. The refund will be made via the same payment method used by the consumer, unless the consumer agrees to a different payment method. The refund is free of charge for the consumer.
**Article 8 - Exclusion of the right of withdrawal**
1. The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement:
- Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
- Agreements concluded during a public auction. A public auction is defined as a sales method in which products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and in which the successful bidder is obligated to purchase the products, digital content, and/or services;
- Products that spoil quickly or have a limited shelf life;
- Products which after delivery are irreversibly mixed with other products by their nature;
- Products that are made or modified at the request of the consumer, such as custom-made products or specially composed products;
- Sealed products which are not suitable for return for reasons of health protection or hygiene and were broken after delivery;
- Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
- Newspapers, periodicals or magazines, with the exception of subscriptions to these.
**Article 9 - 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 due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market over which the entrepreneur has no control. This subjection to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
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.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- these are the result of statutory regulations or provisions; or
- the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
**Article 10 - Conformity and Warranty**
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, its supplier, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within four weeks of delivery. Products must be returned in their original packaging and in new condition.
4. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is always entitled to terminate the agreement and refund the purchase price to the consumer instead of replacing, repairing, or delivering the missing item.
**Article 11 - Delivery and execution**
1. The entrepreneur will exercise the utmost 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 provided to the company.
3. Subject to the provisions of Article 4 of these general terms and conditions, the company will fulfill accepted orders expeditiously, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, 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 terminate the agreement free of charge. The consumer is not entitled to compensation.
4. All delivery times are indicative. Consumers cannot derive any rights from any stated delivery times. Exceeding a delivery time does not entitle the consumer to compensation.
5. In the event 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 no later than 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. The fact that a replacement item is being delivered will be clearly and comprehensibly communicated, no later than upon delivery. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.
**Article 12 - Long-term transactions: duration, termination and extension**
Cancellation:
1. The consumer may at any time terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, taking into account the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement that has been concluded 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 fixed term, taking into account the agreed termination rules and a notice period of no more than one month.
3. The consumer may, in the agreements referred to in the previous paragraphs:
- cancel at any time and not be limited to cancellation at a specific time or during a specific period;
- at least cancel them in the same manner as they were entered into by him;
- always cancel with the same notice period as the entrepreneur has agreed upon for himself.
Extension:
4. An agreement entered into for a fixed period and which provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
5. By way of exception to the previous paragraph, an agreement concluded for a fixed period and which provides for the regular delivery of daily newspapers, weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer can cancel this extended agreement at the end of the extension period with a notice period.
**Article 13 - Payment**
1. Unless otherwise stated in the agreement or additional terms, amounts owed by the consumer must be paid within 14 days after the start 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 to provide a service, this period commences on the day after the consumer receives confirmation of the agreement.
2. When selling products to consumers, the general terms and conditions may never obligate the consumer to make an advance payment of more than 50%. If an advance payment has been agreed upon, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
3. The consumer has the duty to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.
4. If the consumer fails to meet their payment obligation(s) on time, after the entrepreneur has notified them of the late payment and has granted the consumer a period of 14 days to still meet their payment obligations, if payment is not made within this 14-day period, the consumer will owe statutory interest on the outstanding amount, 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 next €2,500; and 5% on the next €5,000, with a minimum of €40. The entrepreneur may deviate from the stated amounts and percentages to the consumer's advantage.
**Article 14 - Complaints procedure**
1. The entrepreneur has a sufficiently well-known complaints procedure and handles the complaint in accordance with this complaints procedure.
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.
3. Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.
4. The consumer must give the entrepreneur at least four weeks to resolve the complaint amicably. After this period, a dispute arises that is subject to the dispute resolution procedure.
**Article 15 - Disputes**
1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
2. Disputes between the consumer and the entrepreneur regarding the conclusion or performance of agreements relating to products and services to be supplied or supplied by this entrepreneur can, subject to the provisions below, be submitted by both the consumer and the entrepreneur to the Webshop Disputes Committee, Postbus 90600, 2509 LP in The Hague ( www.sgc.nl ).
3. A dispute will only be considered by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
4. The dispute must be submitted in writing to the Disputes Committee no later than three months after the complaint has been submitted to the entrepreneur.
5. If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wishes to do so, the consumer must state in writing within five weeks of a written request from the entrepreneur whether they also wish to submit the dispute to the competent court or not. If the entrepreneur does not receive the consumer's choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court.
6. The Disputes Committee will issue a ruling under the conditions set out in the Disputes Committee regulations. The Disputes Committee's decisions are binding.
7. The Disputes Committee will not handle a dispute or will discontinue handling it if the entrepreneur has been granted a moratorium, has become bankrupt or has actually ceased his business activities before a dispute has been dealt with by the Committee at the hearing and a final decision has been rendered.
8. If, in addition to the Webshop Disputes Committee, another recognized disputes committee or one affiliated with the Foundation for Consumer Disputes Committees (SGC) or the Financial Services Complaints Institute (Kifid) has jurisdiction, the Webshop Disputes Committee has exclusive jurisdiction for disputes primarily concerning the sales method or the performance of the distance contract. For all other disputes, the other recognized disputes committee affiliated with the SGC or Kifid has jurisdiction.
**Article 16 - Additional or deviating provisions**
Additional or deviating provisions 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.
**Returns**
1. Products can only be returned if they are in their original condition and packaging.
2. The costs for returning products are borne by the consumer, unless otherwise agreed.
3. Products that have been manufactured or modified specifically for the consumer cannot be returned.
4. The entrepreneur reserves the right to refuse returned products if they do not meet the conditions stated in paragraph 1.
**Disclaimer**
These terms and conditions are drafted in accordance with applicable laws and regulations. In the event of a conflict between Dutch law and these terms and conditions, Dutch law shall prevail.
**Table of contents**
- Article 1 - Definitions
- Article 2 - Identity of the entrepreneur
- Article 3 - Applicability
- Article 4 - The offer
- Article 5 - The agreement
- Article 6 - Right of withdrawal
- Article 7 - Costs in case of revocation
- Article 8 - Exclusion of the right of withdrawal
- Article 9 - The price
- Article 10 - Conformity and warranty
- Article 11 - Delivery and execution
- Article 12 - Duration transactions: duration, termination and extension
- Article 13 - Payment
- Article 14 - Complaints procedure
- Article 15 - Disputes
- Article 16 - Additional or deviating provisions
**Article 1 - Definitions**
In these terms and conditions the following terms shall have the following meanings:
1. Reflection period: the period within which the consumer can make use of his right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
5. Durable medium: any instrument which enables the consumer or the entrepreneur to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information;
6. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
7. Model form: the model withdrawal form made available by the trader that a consumer can fill in when he wants to exercise his right of withdrawal;
8. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
9. Distance contract: an agreement concluded between the consumer within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, whereby up to and including the moment the agreement is concluded exclusive use is made of one or more techniques for distance communication;
10. Distance communication technology: means that can be used to conclude an agreement without the consumer and the entrepreneur being in the same place at the same time;
11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
**Article 2 - Identity of the entrepreneur**
CandyMixer.nl
The Netherlands
T: (06) 30 69 41 61
E:info@candymixer.nl
Chamber of Commerce number: 90263790
VAT number: NL004801976B57
**Article 3 - Applicability**
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded that the general terms and conditions are available for inspection at the company's premises and will be sent to the consumer free of charge as soon as possible upon request.
3. 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 the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, the consumer will be informed where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer's request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and, in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favourable to him.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will otherwise remain in force and the provision in question will be replaced without delay by mutual agreement by a provision that approximates the purport of the original as closely as possible.
6. Situations that are not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
7. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these terms and conditions.
**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 is non-binding. The entrepreneur is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these must be a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
5. Product images are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
6. Each offer contains sufficient information to clearly indicate to the consumer the rights and obligations associated with accepting the offer. This includes, in particular:
- the price including taxes;
- any costs of shipping;
- the manner in which the agreement will be concluded and the actions required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and execution of the agreement;
- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the amount of the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular basic rate for the means of communication used;
- whether the agreement is archived after it has been concluded, and if so, at which location the consumer can consult it;
- the manner in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if necessary, correct it;
- any other 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 long-term transaction.
**Article 5 - The Agreement**
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the trader has not confirmed this acceptance, the consumer may terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all the facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the contract, they are entitled to refuse an order or request with reasons or to impose special conditions on its execution.
5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
- the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
- the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information about guarantees and existing after-sales service;
- the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to 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.
6. In the case of a long-term transaction, the provision
**Article 6 - Right of withdrawal**
1. **Exclusion of Right of Withdrawal**:
- The consumer has no right of withdrawal for the delivery of products that spoil quickly or have a limited shelf life, such as sweets, snacks, and drinks.
- The right of withdrawal is excluded for 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.
2. **Entry and Exercise of Right of Withdrawal**:
If the right of withdrawal applies, the consumer has the right to withdraw from the contract within 14 days without giving any reason. The withdrawal period expires 14 days after the day on which the consumer or a third party designated by the consumer, other than the carrier, acquires physical possession of the product.
To exercise the right of withdrawal, the consumer must inform the trader of their decision to withdraw from the contract by an unambiguous statement (e.g., a letter sent by mail or email). The consumer may use the model withdrawal form for this purpose, but is not obligated to do so.
3. **Consequences of Cancellation**:
- If the consumer revokes the contract, the consumer will receive back all payments made up to that point, excluding the delivery costs, without delay and in any event not later than 14 days after the trader has been informed of the consumer's decision to revoke the contract.
- The trader will reimburse the consumer using the same means of payment as the initial transaction, unless the consumer has expressly agreed otherwise; in any event, you will not incur any fees for such reimbursement.
- The entrepreneur can wait with reimbursement until the entrepreneur has received the goods back or the consumer has demonstrated that he has sent back the goods, whichever is the earliest.
4. **Return of Goods**:
The consumer must return or hand over the goods to the trader without delay, but in any event no later than 14 days after the day on which they communicate their decision to withdraw from the contract to the trader. The consumer is on time if they return the goods before the 14-day period has expired.
- The direct costs of returning the goods shall be borne by the consumer.
- The consumer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
5. **Return Exclusion**:
- Products that cannot be returned for hygiene or health reasons, such as opened candy, snacks, and drinks, are not eligible for return. The company reserves the right to refuse returns if the products do not meet the withdrawal requirements.
**Article 7 - Costs in case of revocation**
1. If the consumer exercises his right of withdrawal, the costs of return will be borne by him.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. The refund will be made via the same payment method used by the consumer, unless the consumer agrees to a different payment method. The refund is free of charge for the consumer.
**Article 8 - Exclusion of the right of withdrawal**
1. The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement:
- Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
- Agreements concluded during a public auction. A public auction is defined as a sales method in which products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and in which the successful bidder is obligated to purchase the products, digital content, and/or services;
- Products that spoil quickly or have a limited shelf life;
- Products which after delivery are irreversibly mixed with other products by their nature;
- Products that are made or modified at the request of the consumer, such as custom-made products or specially composed products;
- Sealed products which are not suitable for return for reasons of health protection or hygiene and were broken after delivery;
- Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
- Newspapers, periodicals or magazines, with the exception of subscriptions to these.
**Article 9 - 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 due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market over which the entrepreneur has no control. This subjection to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
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.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- these are the result of statutory regulations or provisions; or
- the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
**Article 10 - Conformity and Warranty**
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, its supplier, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within four weeks of delivery. Products must be returned in their original packaging and in new condition.
4. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is always entitled to terminate the agreement and refund the purchase price to the consumer instead of replacing, repairing, or delivering the missing item.
**Article 11 - Delivery and execution**
1. The entrepreneur will exercise the utmost 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 provided to the company.
3. Subject to the provisions of Article 4 of these general terms and conditions, the company will fulfill accepted orders expeditiously, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, 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 terminate the agreement free of charge. The consumer is not entitled to compensation.
4. All delivery times are indicative. Consumers cannot derive any rights from any stated delivery times. Exceeding a delivery time does not entitle the consumer to compensation.
5. In the event 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 no later than 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. The fact that a replacement item is being delivered will be clearly and comprehensibly communicated, no later than upon delivery. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.
**Article 12 - Long-term transactions: duration, termination and extension**
Cancellation:
1. The consumer may at any time terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, taking into account the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement that has been concluded 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 fixed term, taking into account the agreed termination rules and a notice period of no more than one month.
3. The consumer may, in the agreements referred to in the previous paragraphs:
- cancel at any time and not be limited to cancellation at a specific time or during a specific period;
- at least cancel them in the same manner as they were entered into by him;
- always cancel with the same notice period as the entrepreneur has agreed upon for himself.
Extension:
4. An agreement entered into for a fixed period and which provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
5. By way of exception to the previous paragraph, an agreement concluded for a fixed period and which provides for the regular delivery of daily newspapers, weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer can cancel this extended agreement at the end of the extension period with a notice period.
**Article 13 - Payment**
1. Unless otherwise stated in the agreement or additional terms, amounts owed by the consumer must be paid within 14 days after the start 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 to provide a service, this period commences on the day after the consumer receives confirmation of the agreement.
2. When selling products to consumers, the general terms and conditions may never obligate the consumer to make an advance payment of more than 50%. If an advance payment has been agreed upon, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
3. The consumer has the duty to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.
4. If the consumer fails to meet their payment obligation(s) on time, after the entrepreneur has notified them of the late payment and has granted the consumer a period of 14 days to still meet their payment obligations, if payment is not made within this 14-day period, the consumer will owe statutory interest on the outstanding amount, 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 next €2,500; and 5% on the next €5,000, with a minimum of €40. The entrepreneur may deviate from the stated amounts and percentages to the consumer's advantage.
**Article 14 - Complaints procedure**
1. The entrepreneur has a sufficiently well-known complaints procedure and handles the complaint in accordance with this complaints procedure.
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.
3. Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.
4. The consumer must give the entrepreneur at least four weeks to resolve the complaint amicably. After this period, a dispute arises that is subject to the dispute resolution procedure.
**Article 15 - Disputes**
1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
2. Disputes between the consumer and the entrepreneur regarding the conclusion or performance of agreements relating to products and services to be supplied or supplied by this entrepreneur can, subject to the provisions below, be submitted by both the consumer and the entrepreneur to the Webshop Disputes Committee, Postbus 90600, 2509 LP in The Hague ( www.sgc.nl ).
3. A dispute will only be considered by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
4. The dispute must be submitted in writing to the Disputes Committee no later than three months after the complaint has been submitted to the entrepreneur.
5. If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wishes to do so, the consumer must state in writing within five weeks of a written request from the entrepreneur whether they also wish to submit the dispute to the competent court or not. If the entrepreneur does not receive the consumer's choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court.
6. The Disputes Committee will issue a ruling under the conditions set out in the Disputes Committee regulations. The Disputes Committee's decisions are binding.
7. The Disputes Committee will not handle a dispute or will discontinue handling it if the entrepreneur has been granted a moratorium, has become bankrupt or has actually ceased his business activities before a dispute has been dealt with by the Committee at the hearing and a final decision has been rendered.
8. If, in addition to the Webshop Disputes Committee, another recognized disputes committee or one affiliated with the Foundation for Consumer Disputes Committees (SGC) or the Financial Services Complaints Institute (Kifid) has jurisdiction, the Webshop Disputes Committee has exclusive jurisdiction for disputes primarily concerning the sales method or the performance of the distance contract. For all other disputes, the other recognized disputes committee affiliated with the SGC or Kifid has jurisdiction.
**Article 16 - Additional or deviating provisions**
Additional or deviating provisions 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.
**Returns**
1. Products can only be returned if they are in their original condition and packaging.
2. The costs for returning products are borne by the consumer, unless otherwise agreed.
3. Products that have been manufactured or modified specifically for the consumer cannot be returned.
4. The entrepreneur reserves the right to refuse returned products if they do not meet the conditions stated in paragraph 1.
**Disclaimer**
These terms and conditions are drafted in accordance with applicable laws and regulations. In the event of a conflict between Dutch law and these terms and conditions, Dutch law shall prevail.
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