In these terms and conditions the following definitions apply:
a) Additional agreement: agreement where consumer acquires products, digital content and/or services in connection with a remote agreement and the entrepreneur or a third party supplies these products, digital content and/or services on the basis of an agreement made between the third party and the company;
b) Reflection period:the period during which the consumer may use his right of withdrawal;
c) Consumer: The natural person who does not act for purposes that are in connection with his trade, company, craft, or professional activities;
d) Contact form for withdrawal: please use the contact form to request your withdrawal;
e) Date: calender date;
f) Digital content : data produced and supplied in digital form;
g) Continuing performance contract: an agreement that leads to the regular supply of products, services and/or digital contact for a certain length of time;
h) Durable data carrier: any instrument, email included, which enables the consumer to store information addressed personally to him in a way that is accessible for future reference for a period of time adequate for the purposes of the information and which allows the unaltered reproduction of the information stored;
i) Right of withdrawal: the option the consumer has to withdraw from the remote agreement;
j) Entrepreneur: the limited liability company 5+concepts, B.V. d.b.a., Medium Theresa, having its registered office and principal place of business in the Netherlands, 7551 DC Hengelo, Molenstraat 20, e-mail address: [email protected] , registration number Trade Register, Chamber of Commerce: 73320625, RSIN 859459238, VAT-identification number: NL859459238 B.01;
k) Remote agreement: an agreement that is made between entrepreneur and consumer within an organised system of remote selling of products, digital content and/or services, with the exclusive or partial use of one or more technological tools for remote communication up until the conclusion of the agreement;
l) Technological tools to enable remote communication:tool that can be used to close an agreement without the necessity for consumer and entrepreneur to be in the same room together.
2.1 These terms and conditions apply to each offer of the entrepreneur and to every remote agreement established between entrepreneur and consumer.
2.2 Before the remote agreement is established, the text of these terms and conditions will be made available to the consumer. Where this cannot reasonably be expected, the entrepreneur will indicate where the terms and conditions can be viewed and offers to send them to the consumer as soon as possible and free of charge upon request of the consumer.
2.3 If the remote agreement is established electronically, notwithstanding the previous clause, and before the remote agreement is established, the text of these general conditions can be made available electronically to the consumer in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, the consumer will be notified – prior to the establishment of the remote agreement – of where the terms and conditions can be reviewed electronically and that they will be sent to the consumer electronically or otherwise, free of charge, upon request of the consumer.
2.4 If, in addition to these terms and conditions, specific product conditions or service conditions apply as well, the second and third clause apply accordingly, and the consumer may – in case of conflicting terms and conditions – always invoke the applicable provision most favourable to him.
3.1 If an offer has a limited duration or is made under certain conditions, this shall be expressly mentioned in the offer.
3.2 The offer contains a full and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer, are not binding to the entrepreneur.
3.3 Each offer contains such information that it is clear to the consumer what the rights and obligations associated with the acceptance of the offer are.
4.1 The agreement is established – subject to the provisions in paragraph 4 – when the consumer accepts the offer and meets the associated conditions.
4.2 If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
4.3 If the agreement is established electronically, the entrepreneur takes appropriate technical and organisational measures to protect the electronic transfer of data and provides a secure web environment. If the consumer is given the option to pay electronically, the consumer will take appropriate safety measures thereto.
4.4 Within the legal frameworks, the entrepreneur may inquire whether the consumer will be able to meet his payment obligations and of all facts and factors that are important to a responsible establishment of the remote agreement. If, based on this investigation, the entrepreneur has good reasons to refrain from entering into the agreement, he has the right to – with provision of reasons – refuse an order or request or to define special conditions with regard to the implementation.
4.5 The entrepreneur will, at the latest at the time delivery of product, service or digital content to the consumer, include the following information , in writing or in such a way that the consumer can store it on a durable data carrier in an accessible way:
a) the visiting address of the branch of the entrepreneur to which the consumer can address his complaints;
b) the conditions under which and the way the consumer can invoke his right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
c) the information about warranties and post-purchase service;
d) the price including all taxes of the product, service or digital content; where applicable: the delivery charges, method of payment, delivery or implementation of the remote agreement;
e) the requirements for termination of the agreement if the agreement has a term of more than one year or is established for an indefinite period;
f) If the right of withdrawal applies, the contact form for withdrawal.
4.6 In case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.
5.1 The consumer may dissolve the agreement without provision of reason for a period of at least 14 days. The entrepreneur may ask the consumer for the reason of withdrawal, but may not oblige him to provide his reason(s).
5.2 The reflection period mentioned in clause 1 starts on the day after receipt of the product by the consumer or a third party preassigned by the consumer, who is not the transporter or:
Purchase of services and digital content not delivered on a material carrier:
5.3 The consumer may dissolve an agreement for services and an agreement for delivery of digital content that is not stored on a material carrier during at least 14 days without provision of reason(s). The entrepreneur may ask for the reason(s) of withdrawal, but may not oblige the consumer to provide the reason(s).
5.4 The reflection time mentioned in clause 3 starts on the day that follows the closing of the agreement.
Extended reflection time for products, services and digital content not stored on a material carrier in cases where no notification was given of right of withdrawal:
5.5 If the entrepreneur has failed to notify the consumer of the legally required information regarding the right of withdrawal or has not provided the contact form for withdrawal, the reflection time ends twelve months after the end of the originally determined reflection period, corresponding with the previous clauses in this article.
5.6 If the entrepreneur has notified the consumer of the information referred to in the previous clause within twelve months after the starting date of the original reflection period, the reflection period will end 14 days after the date the consumer received the relevant information.
6.1 During the reflection period, the consumer will carefully handle the product and the packaging. He will only unwrap or use the product to the extent necessary to be able to assess the nature, qualities, and the functioning of the product. The implication of this is that the consumer may only handle and inspect the product as he would in an actual shop.
6.2 The consumer is only liable for the cost of devaluation of the product as a consequence of handling the product beyond what is deemed permissible in clause 1.
6.3 The consumer is not liable for devaluation of the product if the entrepreneur failed to provide him with all the legally required information about the right of withdrawal at the time the agreement was established.
7.1 If the consumer exercises his right of withdrawal he shall notify the entrepreneur unambiguously with the contact form for withdrawal within the period of reflection.
7.2 The consumer shall return the product or deliver it to (the authorized representative of) the entrepreneur as soon as possible but within 14 days counting from the day following the notification referred to in clause 1. This need not be done if the entrepreneur offered to collect the product. The consumer in any event observed the period of returning the product if the product is returned before the period of reflection expires.
7.3 The consumer shall return the product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with reasonable and clear instructions given by the entrepreneur.
7.4 The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the consumer.
7.5 The consumer shall bear the direct costs of returning the product. If the entrepreneur has not reported that the consumer has to bear these costs or if the entrepreneur pointed out that he will bear the costs himself, the consumer does not need to pay the cost of returning the product.
7.6 If the consumer withdraws after having first explicitly requested that the performance of a service or the supply of gas, water or electricity having not been made ready for sale not be started in a limited volume or given quantity during the period of reflection, the consumer shall pay the entrepreneur an amount that is equal to the part of the obligation already performed at the time of withdrawal as compared with the full compliance of the agreement.
7.7 The consumer does not bear the costs for performing services for the supply of water, gas or electricity that had not been made ready for sale in a limited volume or quantity, or for the supply of district heating if:
7.8 The consumer does not bear any cost for the full or partial delivery of digital content not stored on a physical carrier if the consumer:
7.9 If the consumer exercises his right of withdrawal, all additional agreements end by operation of law.
8.1 If the entrepreneur makes the notification of withdrawal by electronic means possible, he shall send a return receipt promptly.
8.2 The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs that the consumer may be charged with for the returned product, as soon as possible but within 14 days following the day on which the consumer notified him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he can hold off the refund until having received the product or until the consumer proved that he returned the product, whichever occurs first.
8.3 The entrepreneur shall make use of the same means of payment that the consumer used, unless the consumer consents to another method. The reimbursement is free of charge for the consumer.
8.4 If the consumer opted for a more expensive method of delivery instead of the cheapest standard delivery, the entrepreneur need not reimburse the additional costs for the more expensive method.
The entrepreneur can exclude the following products and services from the right of withdrawal but only if the entrepreneur notified this clearly when making the offer or at any rate in good time before concluding the agreement:
9.1 Products or services with a price that is subject to fluctuations in the financial market on which the entrepreneur has no influence and which may occur within the period of withdrawal;
9.2 Agreements that are concluded during a public auction. A public auction is defined as a selling method whereby the entrepreneur offers products, digital content and/or services to the consumer who is personally present or has the possibility to be personally present at the auction under the direction of an auctioneer and whereby the successful bidder is obliged to purchase the products, the digital content and/or the services.
9.3 Services agreements, after full performance of the service, but only if:
9.4 Services agreements for making accommodation available when a certain period of implementation is provided and other than for residential purposes, goods transports, car rental services and catering;
9.5 Agreements related to leisure activities when a certain date or period of performance is arranged in the agreement;
9.6 Products manufactured in accordance with the consumer’s specifications which are not prefabricated and which are produced on the basis of a consumer’s individual choice or decision or which are intended for a specific person;
9.7 Perishable products or products with a limited durability;
9.8 Sealed products which are for health or hygiene reasons not suitable for being returned and of which the seal was broken;
9.9 Products which for their nature are irreversibly mixed with other products;
9.10 Alcoholic drinks of which the price has been agreed upon at the conclusion of the agreement but of which the delivery can take place only after 30 days, and whose real value depends on fluctuations in the market which the entrepreneur cannot affect.
9.11 Sealed audio and video recordings and computer programs of which the seals were broken after delivery;
9.12 Newspapers, periodicals or magazines, with the exception of subscriptions to them;
9.13 The delivery of digital content other than on a physical carrier, but only if:
10.1 During the period referred to in the offer, the prices for the offered products and / or services will not be raised, except in case of price changes as a result of changes in VAT rates.
10.2 Notwithstanding the previous clause, the entrepreneur can offer products or services, the prices of which are bound to fluctuations on the financial market and over which the entrepreneur has no control, with variable prices. This link with fluctuations and the fact that any prices mentioned are indicative, shall be mentioned in the offer.
10.3 Price increases within 3 months after the establishment of the agreement are only permitted if they are the result of legislation or regulations.
10.4 Price increase as of 3 months after the establishment of the agreement, are only permitted if the entrepreneur has negotiated this, and:
11.1 The entrepreneur guarantees that the products and / or services are in accordance with the agreement, the specifications mentioned in the offer, and the reasonable requirements of reliability and / or usefulness and the legal provisions and / or government regulations applicable on the date of establishment of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for any use other than normal.
11.2 Additional Warranty issued by the entrepreneur, manufacturer or importer does not affect the legal rights and claims the consumer can assert against the entrepreneur if the entrepreneur fails to keep his part of the agreement.
11.3 Additional warranty comprises each commitment of the entrepreneur, manufacturer, importer or producer given to the consumer granting certain rights or claims that go beyond legal requirements if he does not keep his end of the agreement.
12.1 The entrepreneur will observe the greatest possible care in the receipt and the execution of orders of products and in the assessment of requests to the provision of services.
12.2 As place of delivery, the address shall apply as disclosed by the consumer to the company.
12.3 Subject to the provisions in article 4 of these general conditions, the company will complete accepted orders expeditiously, however at the latest within 30 days, unless a longer delivery term has been agreed. If the delivery is delayed or if an order cannot or only be partially completed, the consumer is notified of this at the latest 30 days after he placed the order. In that case, the consumer has the right to dissolve the agreement free of charge, and is entitled to compensation of damages.
12.4 In case of dissolution in accordance with the previous clause, the entrepreneur will reimburse the amount paid by the consumer as soon as possible.
12.5 The risk of damage of and / or missing products lies with the entrepreneur up to the moment of delivery to the consumer or a preassigned representative, disclosed to the entrepreneur, unless expressly agreed otherwise.
13.1 The consumer may at all times terminate a contract that was concluded for an indefinite time and which extends to the regular delivery of products (including electricity) or services, with due observance of the termination rules and subject to not more than one month’s notice.
13.2 The consumer may at all times terminate a contract that was concluded for a specific time and which extends to the regular delivery of products (including electricity) or services at the end of the specific period, with due observance of the termination rules and a subject to not more than one month’s notice.
13.3 The consumer can cancel the agreements mentioned in the preceding paragraphs:
13.4 An agreement concluded for a definite period which extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.
13.5 Notwithstanding the preceding paragraph, a contract for a definite period which extends to the regular delivery of dailies, newspapers, weekly newspapers and magazines, may tacitly be renewed for specific period of three months at the most if the consumer can terminate this extended agreement towards the end of the extension with a notice of one month at the most.
13.6 An agreement concluded for a definite period and which extends to the regular delivery of products or services may only be extended tacitly for an indefinite period if the consumer can cancel it at any time with a notice of one month. The notice is three months at the most in vase the contract is about a delivery of dailies, newspapers and weeklies and magazines occurring regularly but less than once a month.
13.7 An agreement with limited duration of regular delivery of trial dailies, newspapers, weeklies and magazines (trial or introductory subscription) is not renewed tacitly and ends automatically after the trial or introductory period.
13.8 If the duration of a contract is more than one year, the consumer may terminate the contract at any time after one year with a notice of not more than one month, unless reasonableness and fairness resist the termination before the end of the agreed term.
14.1 Insofar not agreed otherwise in the agreement or additional conditions, all amounts due by the consumer must be paid within 14 days after the start of the reflection period, or where there is no reflection time within 14 days after the agreement was closed. In case of an agreement to render a service, this period will begin after the consumer has received the confirmation of the agreement.
14.2 In the sale of products to consumers, a maximum advance payment of 50% may be negotiated. When advance payment has been negotiated, the consumer may not assert any rights regarding the implementation of the relevant order or service(s) before the negotiated advance payment has been made.
14.3 The consumer has the duty to immediately notify the entrepreneur of inaccuracies in the provided or listed payment information.
14.4 If the consumer does not meet his payment obligations, he will be notified of the late payment and the entrepreneur will provide consumer with an additional 14 days to meet his obligation to pay. Failure to make payment after this 14 day period will oblige consumer to pay the legal interest rate on the amount due, and gives the entrepreneur the right to charge the consumer the extrajudicial debt collection costs he was forced to make. Debt collection costs amount to a maximum of:
with a minimum of € 40. The entrepreneur may deviate from the aforementioned amounts and percentages in the consumer’s favour.
15.1 The entrepreneur has a properly disclosed complaint procedure and treats the complaint in accordance with this complaint procedure.
15.2 Complaints about the implementation of the agreement should be filed with the entrepreneur within due time, in full and with a clear description, after the consumer has observed the defects.
15.3 Complaints filed with the entrepreneur shall be answered within a period of 14 days counted from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a message of receipt and an indication of when the consumer can expect a more extensive answer.
15.4 If the complaint cannot be resolved in mutual consultation, a dispute will arise that is subject to the dispute settlement.
To agreements between the entrepreneur and the consumer to which these terms and conditions relate, Dutch Law exclusively applies.
Additional provisions, or provisions that deviate from these terms and conditions, may not be at the detriment of the consumer and must be documented in writing, or in such a way that they can be stored by the consumer on a durable data carrier in an accessible way.