Terms and Conditions
In these conditions the following definitions apply:
- Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
- 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;
- Day: calendar day;
- Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
- Durable data carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation and unchanged reproduction of the stored information.
- Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
- Model form: the model form for withdrawal that the entrepreneur makes available that a consumer can complete 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;
- Distance agreement: an agreement in which, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more communication techniques up to and including the conclusion of the agreement. remote;
- Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being in the same room at the same time.
- General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Identity of the entrepreneur
Name of entrepreneur; Brand Blends Company B.V
Business address; Poortland 66 1046BD Amsterdam, Netherlands
Email address: firstname.lastname@example.org
Chamber of Commerce number: 84778954
- 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.
- 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
- 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 can be made available to the consumer electronically in such a way that it can be read by the consumer can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
- In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that applies to him. is the most favorable.
- 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 immediately replaced by a provision in mutual consultation that approximates the scope of the original as much as possible.
- Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
- Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.
- If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
- The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement.
- Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the real colors of the products.
- Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with acceptance of the offer. This concerns in particular:
o the price including taxes;
o any shipping costs;
o the manner in which the agreement will be concluded and what actions are required for this;
o whether or not the right of withdrawal applies;
o the method of payment, delivery and execution of the agreement;
o the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
o the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a different basis than the regular basic rate for the means of communication used;
o whether the agreement is archived after conclusion, and if so, how it can be consulted by the consumer;
o the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it; o any other languages in which, in addition to Dutch, the agreement can be concluded;
o the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and o the minimum duration of the distance contract in the case of a long-term transaction.
Optional: available sizes, colors, type of materials.
- The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
- 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 take appropriate security measures.
- The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
- 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 branch 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;
- the information about warranties and existing after-sales service;
- the information included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
- the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
- In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
- Every agreement is entered into under the conditions precedent of sufficient availability of the products in question.
Right of withdrawal
On delivery of products:
- When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
- During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
- If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days of receipt of the product. The consumer must make this known using the model form. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
- If the customer has not indicated that he wishes to exercise his right of withdrawal after the expiry of the periods referred to in paragraphs 2 and 3. has not returned the product to the entrepreneur, the purchase is a fact.
When providing services:
- When providing services, the consumer has the option to terminate the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.
- To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.
Costs in case of withdrawal
- If the consumer exercises his right of withdrawal, a maximum of the costs of return will be borne by him.
- 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. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided.
Exclusion of right of withdrawal
- The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement.
- Exclusion of the right of withdrawal is only possible for products:
- that have been created by the entrepreneur in accordance with the consumer's specifications;
- that are clearly personal in nature;
- which by their nature cannot be returned;
- that can deteriorate or age quickly;
- the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has broken the seal.
- for hygienic products of which the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
- of which delivery has started with the consumer's express consent before the cooling-off period has expired;
- concerning betting and lotteries.
Delivery and execution
- The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has provided to the company.
- With due observance of what is stated in paragraph 4 of this article, the company will execute 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 he has placed the order. In that case, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation.
- All delivery times are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a term does not entitle the consumer to compensation.
- 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 within 14 days after dissolution.
- If delivery of an ordered product proves impossible, the entrepreneur will make every effort to make a replacement item available. No later than upon delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are borne by the entrepreneur.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
- The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
- In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.
- Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad.
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.