Terms of service
**General Terms and Conditions TED Lights**
**Table of Contents:**
1. Definitions
2. Identity of the Entrepreneur
3. Applicability
4. The Offer
5. The Agreement
6. Right of Withdrawal
7. Obligations of the Consumer During the Cooling-Off Period
8. Exercise of the Right of Withdrawal by the Consumer and Costs Thereof
9. Obligations of the Entrepreneur in Case of Withdrawal
10. Exclusion of the Right of Withdrawal
11. The Price
12. Performance and Additional Guarantee
13. Delivery and Execution
14. Duration Transactions: Duration, Termination, and Renewal
15. Payment
16. Complaints Procedure
17. Disputes
18. Additional or Different Provisions
---
### Article 1 - Definitions
In these terms and conditions, the following definitions apply:
- **Supplementary Agreement:** An agreement in which the consumer acquires products, digital content, and/or services in relation to a distance contract, and these items, digital content, and/or services are delivered by the entrepreneur or a third party based on an agreement between the third party and the entrepreneur.
- **Cooling-Off Period:** The period within which the consumer can exercise their right of withdrawal.
- **Consumer:** A natural person who is not acting for purposes related to their trade, business, craft, or profession.
- **Day:** Calendar day.
- **Digital Content:** Data produced and supplied in digital form.
- **Continuing Performance Contract:** An agreement that entails the regular delivery of items, services, and/or digital content over a certain period.
- **Durable Medium:** Any tool – including email – that allows the consumer or entrepreneur to store information addressed personally to them in a way that future consultation or use is possible during a period that is appropriate for the purpose of the information, and that allows the unaltered reproduction of the stored information.
- **Right of Withdrawal:** The consumer's option to cancel the distance agreement within the cooling-off period.
- **Entrepreneur:** The natural or legal person who offers products, (access to) digital content, and/or services to consumers at a distance.
- **Distance Agreement:** An agreement concluded between the entrepreneur and the consumer within the framework of an organized system for the sale of products, digital content, and/or services at a distance, whereby exclusive or additional use is made of one or more techniques for remote communication until the conclusion of the agreement.
- **Model Withdrawal Form:** The European model withdrawal form included in Annex I of these terms and conditions. Annex I does not need to be provided if the consumer does not have a right of withdrawal with respect to their order.
- **Technique for Remote Communication:** Means that can be used to conclude an agreement without the consumer and entrepreneur being in the same space simultaneously.
---
### Article 2 - Identity of the Entrepreneur
TED Lights VOF
Kruisboog 44, 5275LK Den Dungen
Phone number: 0651795302
Email: hello@tedlights.com
Chamber of Commerce number: 93793936
VAT identification number: NL866530046B01
---
### Article 3 - Applicability
1. These general terms and conditions apply to every offer of the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer.
2. Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance agreement 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 consumer's request.
3. If the distance agreement is concluded electronically, in derogation of the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the consumer's request, either electronically or otherwise.
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 case of conflicting conditions, the consumer may invoke the provision that is most favorable to them.
---
### Article 4 - The Offer
1. If an offer has a limited validity period or is made subject to conditions, this will be explicitly mentioned in the offer.
2. The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
---
### Article 5 - The Agreement
1. The agreement is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and complies with the associated conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve 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 safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur may, within legal frameworks, obtain information about whether the consumer can meet their payment obligations, as well as all facts and factors that are important for responsibly concluding the distance agreement. 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 or to attach special conditions to the execution.
5. The entrepreneur will send the following information to the consumer no later than upon delivery of the product, service, or digital content, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
a. the visiting address of the entrepreneur's business where the consumer can go with complaints;
b. 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;
c. information on guarantees and existing after-sales services;
d. the price including all taxes of the product, service, or digital content; the delivery costs if applicable; and the method of payment, delivery, or performance of the distance agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form.
---
### Article 6 - Right of Withdrawal
For products:
1. The consumer may dissolve an agreement related to the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot obligate them to provide reasons.
2. The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated 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 them, receives the last product. The entrepreneur may, provided they clearly informed the consumer prior to the ordering process, refuse an order for multiple products with different delivery times.
b. if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by them, receives the last shipment or part;
c. for agreements for the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by them, receives the first product.
For services and digital content that are not delivered on a tangible medium:
1. The consumer can dissolve a service agreement and an agreement for the delivery of digital content that is not delivered on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot obligate them to provide reasons.
2. The cooling-off period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.
Extended cooling-off period for products, services, and digital content not delivered on a tangible medium in case of failure to inform about the right of withdrawal:
1. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period will expire twelve months after the original cooling-off period has ended.
2. If the entrepreneur provides the information referred to in the previous paragraph within twelve months after the start date of the original cooling-off period, the cooling-off period will expire 14 days after the day the consumer receives that information.
---
### Article 7 - Obligations of the Consumer During the Cooling-Off Period
1. During the cooling-off period, the consumer must handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to determine the nature, characteristics, and operation of the product. The guiding principle is that the consumer may only handle and inspect the product as they would in a store.
2. The consumer is only liable for any diminished value of the product resulting from handling the product in a manner that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any diminished value of the product if the entrepreneur has not provided
them with all legally required information about the right of withdrawal before or at the time of concluding the agreement.
---
### Article 8 - Exercise of the Right of Withdrawal by the Consumer and Costs Thereof
1. If the consumer exercises their right of withdrawal, they must notify the entrepreneur within the cooling-off period using the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer must 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 themselves. The consumer has observed the return period if they return the product before the cooling-off period has expired.
3. The consumer must return the product with all supplied accessories, in the original condition and packaging if reasonably possible, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that they will bear the costs themselves, the consumer does not need to bear the return costs.
6. If the consumer withdraws after first explicitly requesting that the provision of the service or the supply of gas, water, or electricity not made ready for sale in a limited volume or quantity commence during the cooling-off period, the consumer owes the entrepreneur an amount proportional to the part of the obligation that the entrepreneur has fulfilled at the time of withdrawal, compared to the full performance of the obligation.
7. The consumer does not bear any costs for the performance of services or the supply of water, gas, or electricity not made ready for sale in a limited volume or quantity, or the supply of district heating, if:
a. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in case of withdrawal, or the model withdrawal form, or;
b. the consumer has not explicitly requested the start of the service or supply of gas, water, electricity, or district heating during the cooling-off period.
8. The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
a. they have not explicitly agreed to start the performance of the agreement before the end of the cooling-off period;
b. they have not acknowledged that they lose their right of withdrawal when giving consent; or
c. the entrepreneur has failed to confirm this statement from the consumer.
---
### Article 9 - Obligations of the Entrepreneur in Case of Withdrawal
1. If the entrepreneur enables the notification of withdrawal by the consumer electronically, they will send an acknowledgment of receipt immediately upon receiving this notification.
2. The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait to refund until they have received the product or until the consumer provides proof that they have returned the product, whichever occurs first.
3. The entrepreneur will use the same payment method for the refund that the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not need to refund the additional costs for the more expensive method.
---
### Article 10 - Exclusion of the Right of Withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer or at least in time before concluding the agreement:
1. Products or services whose price is dependent on fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
2. 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 has the opportunity to be personally present at the auction, led by an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services;
3. Service agreements, after full performance of the service, but only if:
a. the performance has started with the consumer's explicit prior consent, and;
b. the consumer has acknowledged that they lose their right of withdrawal once the entrepreneur has fully performed the agreement;
4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and agreements for passenger transport services;
5. Service agreements for the provision of accommodation, if a specific date or period of performance is provided for in the agreement and other than for residential purposes, goods transportation, car rental services, and catering;
6. Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance;
7. Products made to the consumer's specifications that are not prefabricated and are made based on an individual choice or decision by the consumer, or that are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
10. Products that are irrevocably mixed with other products after delivery by their nature;
11. Alcoholic beverages whose price was agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the entrepreneur has no influence;
12. Sealed audio or video recordings and computer software, the seal of which has been broken after delivery;
13. Newspapers, periodicals, or magazines, with the exception of subscriptions to these;
14. The delivery of digital content other than on a tangible medium, but only if:
a. the performance has started with the consumer's explicit prior consent, and;
b. the consumer has acknowledged that they lose their right of withdrawal by consenting.
---
### Article 11 - The Price
1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
2. In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any mentioned prices are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
a. they are the result of legal regulations or provisions; or
b. the consumer has the right to terminate 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 12 - Performance Agreement and Additional Guarantee
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, their supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement if the entrepreneur has failed to fulfill their part of the agreement.
3. An additional guarantee is understood to mean any obligation 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 case the entrepreneur has failed to fulfill their part of the agreement.
---
### Article 13 - Delivery and Execution
1. The entrepreneur will take the greatest possible care in receiving and executing orders for products and in assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. Subject to what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without cost and may be entitled to compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless explicitly agreed otherwise.
---
### Article 14 - Duration Transactions: Termination, Duration, and Renewal
**Termination:**
1. The consumer may terminate an agreement that has been entered into for an indefinite period and that provides for the regular delivery of products (including electricity) or services, at any time, subject to the applicable termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement that has been entered into for a definite period and that provides for the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, subject to the applicable termination rules and a notice period of no more than one month.
3. The consumer can terminate the agreements mentioned in the previous paragraphs:
a
. at any time and without restriction to terminate at a specific time or within a certain period;
b. at least in the same way they were entered into by the consumer;
c. with the same notice period as the entrepreneur has stipulated for themselves.
**Extension:**
1. An agreement entered into for a definite period and that provides for the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.
2. In deviation from the previous paragraph, an agreement entered into for a definite period and that provides for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite period of up to three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
3. An agreement entered into for a definite period and that provides for the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month. The notice period is no more than three months in case the agreement provides for the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
4. An agreement with a limited duration for the regular introduction 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.
**Duration:**
1. 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 no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
---
### Article 15 - Payment
1. Unless otherwise stipulated in the agreement or additional terms, the 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 concluding the agreement. In the case of an agreement for the provision of a service, this period starts the day after the consumer has received the confirmation of the agreement.
2. When selling products to consumers, the consumer may never be required in general terms to make an advance payment of more than 50%. If advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer is obliged to report any inaccuracies in the provided or stated payment details to the entrepreneur without delay.
4. If the consumer does not fulfill their payment obligation(s) in time, after being informed by the entrepreneur of the late payment and being granted a period of 14 days to still fulfill their payment obligations, the consumer owes statutory interest on the amount still owed, and the entrepreneur is entitled to charge any out-of-court collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the subsequent €2,500, and 5% on the next €5,000, with a minimum of €40. The entrepreneur may deviate from the stated amounts and percentages in favor of the consumer.
---
### Article 16 - Complaints Procedure
1. The entrepreneur has a sufficiently publicized 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 from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
4. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute resolution.
---
### Article 17 - Disputes
1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
---
### Article 18 - Additional or Different Provisions
1. Additional or different provisions from these general terms and conditions may not disadvantage the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.
---
**Annex I: Model Withdrawal Form**
**Model Withdrawal Form**
(complete and return this form only if you wish to withdraw from the agreement)
To: [name of the entrepreneur]
[geographical address of the entrepreneur]
[entrepreneur's fax number, if available]
[entrepreneur's email address or electronic address]
I/We* hereby inform you that I/we* withdraw from our agreement regarding the sale of the following products: [product description]*
the delivery of the following digital content: [digital content description]*
the performance of the following service: [service description]*
Ordered on*/received on* [date of order for services or receipt for products]
[Name of consumer(s)]
[Address of consumer(s)]
[Signature of consumer(s)] (only if this form is submitted on paper)
[Date]
*Delete as appropriate or fill in as necessary.
**Table of Contents:**
1. Definitions
2. Identity of the Entrepreneur
3. Applicability
4. The Offer
5. The Agreement
6. Right of Withdrawal
7. Obligations of the Consumer During the Cooling-Off Period
8. Exercise of the Right of Withdrawal by the Consumer and Costs Thereof
9. Obligations of the Entrepreneur in Case of Withdrawal
10. Exclusion of the Right of Withdrawal
11. The Price
12. Performance and Additional Guarantee
13. Delivery and Execution
14. Duration Transactions: Duration, Termination, and Renewal
15. Payment
16. Complaints Procedure
17. Disputes
18. Additional or Different Provisions
---
### Article 1 - Definitions
In these terms and conditions, the following definitions apply:
- **Supplementary Agreement:** An agreement in which the consumer acquires products, digital content, and/or services in relation to a distance contract, and these items, digital content, and/or services are delivered by the entrepreneur or a third party based on an agreement between the third party and the entrepreneur.
- **Cooling-Off Period:** The period within which the consumer can exercise their right of withdrawal.
- **Consumer:** A natural person who is not acting for purposes related to their trade, business, craft, or profession.
- **Day:** Calendar day.
- **Digital Content:** Data produced and supplied in digital form.
- **Continuing Performance Contract:** An agreement that entails the regular delivery of items, services, and/or digital content over a certain period.
- **Durable Medium:** Any tool – including email – that allows the consumer or entrepreneur to store information addressed personally to them in a way that future consultation or use is possible during a period that is appropriate for the purpose of the information, and that allows the unaltered reproduction of the stored information.
- **Right of Withdrawal:** The consumer's option to cancel the distance agreement within the cooling-off period.
- **Entrepreneur:** The natural or legal person who offers products, (access to) digital content, and/or services to consumers at a distance.
- **Distance Agreement:** An agreement concluded between the entrepreneur and the consumer within the framework of an organized system for the sale of products, digital content, and/or services at a distance, whereby exclusive or additional use is made of one or more techniques for remote communication until the conclusion of the agreement.
- **Model Withdrawal Form:** The European model withdrawal form included in Annex I of these terms and conditions. Annex I does not need to be provided if the consumer does not have a right of withdrawal with respect to their order.
- **Technique for Remote Communication:** Means that can be used to conclude an agreement without the consumer and entrepreneur being in the same space simultaneously.
---
### Article 2 - Identity of the Entrepreneur
TED Lights VOF
Kruisboog 44, 5275LK Den Dungen
Phone number: 0651795302
Email: hello@tedlights.com
Chamber of Commerce number: 93793936
VAT identification number: NL866530046B01
---
### Article 3 - Applicability
1. These general terms and conditions apply to every offer of the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer.
2. Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance agreement 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 consumer's request.
3. If the distance agreement is concluded electronically, in derogation of the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the consumer's request, either electronically or otherwise.
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 case of conflicting conditions, the consumer may invoke the provision that is most favorable to them.
---
### Article 4 - The Offer
1. If an offer has a limited validity period or is made subject to conditions, this will be explicitly mentioned in the offer.
2. The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
---
### Article 5 - The Agreement
1. The agreement is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and complies with the associated conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve 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 safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur may, within legal frameworks, obtain information about whether the consumer can meet their payment obligations, as well as all facts and factors that are important for responsibly concluding the distance agreement. 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 or to attach special conditions to the execution.
5. The entrepreneur will send the following information to the consumer no later than upon delivery of the product, service, or digital content, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
a. the visiting address of the entrepreneur's business where the consumer can go with complaints;
b. 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;
c. information on guarantees and existing after-sales services;
d. the price including all taxes of the product, service, or digital content; the delivery costs if applicable; and the method of payment, delivery, or performance of the distance agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form.
---
### Article 6 - Right of Withdrawal
For products:
1. The consumer may dissolve an agreement related to the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot obligate them to provide reasons.
2. The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated 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 them, receives the last product. The entrepreneur may, provided they clearly informed the consumer prior to the ordering process, refuse an order for multiple products with different delivery times.
b. if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by them, receives the last shipment or part;
c. for agreements for the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by them, receives the first product.
For services and digital content that are not delivered on a tangible medium:
1. The consumer can dissolve a service agreement and an agreement for the delivery of digital content that is not delivered on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot obligate them to provide reasons.
2. The cooling-off period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.
Extended cooling-off period for products, services, and digital content not delivered on a tangible medium in case of failure to inform about the right of withdrawal:
1. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period will expire twelve months after the original cooling-off period has ended.
2. If the entrepreneur provides the information referred to in the previous paragraph within twelve months after the start date of the original cooling-off period, the cooling-off period will expire 14 days after the day the consumer receives that information.
---
### Article 7 - Obligations of the Consumer During the Cooling-Off Period
1. During the cooling-off period, the consumer must handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to determine the nature, characteristics, and operation of the product. The guiding principle is that the consumer may only handle and inspect the product as they would in a store.
2. The consumer is only liable for any diminished value of the product resulting from handling the product in a manner that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any diminished value of the product if the entrepreneur has not provided
them with all legally required information about the right of withdrawal before or at the time of concluding the agreement.
---
### Article 8 - Exercise of the Right of Withdrawal by the Consumer and Costs Thereof
1. If the consumer exercises their right of withdrawal, they must notify the entrepreneur within the cooling-off period using the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer must 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 themselves. The consumer has observed the return period if they return the product before the cooling-off period has expired.
3. The consumer must return the product with all supplied accessories, in the original condition and packaging if reasonably possible, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that they will bear the costs themselves, the consumer does not need to bear the return costs.
6. If the consumer withdraws after first explicitly requesting that the provision of the service or the supply of gas, water, or electricity not made ready for sale in a limited volume or quantity commence during the cooling-off period, the consumer owes the entrepreneur an amount proportional to the part of the obligation that the entrepreneur has fulfilled at the time of withdrawal, compared to the full performance of the obligation.
7. The consumer does not bear any costs for the performance of services or the supply of water, gas, or electricity not made ready for sale in a limited volume or quantity, or the supply of district heating, if:
a. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in case of withdrawal, or the model withdrawal form, or;
b. the consumer has not explicitly requested the start of the service or supply of gas, water, electricity, or district heating during the cooling-off period.
8. The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
a. they have not explicitly agreed to start the performance of the agreement before the end of the cooling-off period;
b. they have not acknowledged that they lose their right of withdrawal when giving consent; or
c. the entrepreneur has failed to confirm this statement from the consumer.
---
### Article 9 - Obligations of the Entrepreneur in Case of Withdrawal
1. If the entrepreneur enables the notification of withdrawal by the consumer electronically, they will send an acknowledgment of receipt immediately upon receiving this notification.
2. The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait to refund until they have received the product or until the consumer provides proof that they have returned the product, whichever occurs first.
3. The entrepreneur will use the same payment method for the refund that the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not need to refund the additional costs for the more expensive method.
---
### Article 10 - Exclusion of the Right of Withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer or at least in time before concluding the agreement:
1. Products or services whose price is dependent on fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
2. 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 has the opportunity to be personally present at the auction, led by an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services;
3. Service agreements, after full performance of the service, but only if:
a. the performance has started with the consumer's explicit prior consent, and;
b. the consumer has acknowledged that they lose their right of withdrawal once the entrepreneur has fully performed the agreement;
4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and agreements for passenger transport services;
5. Service agreements for the provision of accommodation, if a specific date or period of performance is provided for in the agreement and other than for residential purposes, goods transportation, car rental services, and catering;
6. Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance;
7. Products made to the consumer's specifications that are not prefabricated and are made based on an individual choice or decision by the consumer, or that are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
10. Products that are irrevocably mixed with other products after delivery by their nature;
11. Alcoholic beverages whose price was agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the entrepreneur has no influence;
12. Sealed audio or video recordings and computer software, the seal of which has been broken after delivery;
13. Newspapers, periodicals, or magazines, with the exception of subscriptions to these;
14. The delivery of digital content other than on a tangible medium, but only if:
a. the performance has started with the consumer's explicit prior consent, and;
b. the consumer has acknowledged that they lose their right of withdrawal by consenting.
---
### Article 11 - The Price
1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
2. In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any mentioned prices are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
a. they are the result of legal regulations or provisions; or
b. the consumer has the right to terminate 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 12 - Performance Agreement and Additional Guarantee
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, their supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement if the entrepreneur has failed to fulfill their part of the agreement.
3. An additional guarantee is understood to mean any obligation 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 case the entrepreneur has failed to fulfill their part of the agreement.
---
### Article 13 - Delivery and Execution
1. The entrepreneur will take the greatest possible care in receiving and executing orders for products and in assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. Subject to what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without cost and may be entitled to compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless explicitly agreed otherwise.
---
### Article 14 - Duration Transactions: Termination, Duration, and Renewal
**Termination:**
1. The consumer may terminate an agreement that has been entered into for an indefinite period and that provides for the regular delivery of products (including electricity) or services, at any time, subject to the applicable termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement that has been entered into for a definite period and that provides for the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, subject to the applicable termination rules and a notice period of no more than one month.
3. The consumer can terminate the agreements mentioned in the previous paragraphs:
a
. at any time and without restriction to terminate at a specific time or within a certain period;
b. at least in the same way they were entered into by the consumer;
c. with the same notice period as the entrepreneur has stipulated for themselves.
**Extension:**
1. An agreement entered into for a definite period and that provides for the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.
2. In deviation from the previous paragraph, an agreement entered into for a definite period and that provides for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite period of up to three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
3. An agreement entered into for a definite period and that provides for the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month. The notice period is no more than three months in case the agreement provides for the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
4. An agreement with a limited duration for the regular introduction 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.
**Duration:**
1. 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 no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
---
### Article 15 - Payment
1. Unless otherwise stipulated in the agreement or additional terms, the 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 concluding the agreement. In the case of an agreement for the provision of a service, this period starts the day after the consumer has received the confirmation of the agreement.
2. When selling products to consumers, the consumer may never be required in general terms to make an advance payment of more than 50%. If advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer is obliged to report any inaccuracies in the provided or stated payment details to the entrepreneur without delay.
4. If the consumer does not fulfill their payment obligation(s) in time, after being informed by the entrepreneur of the late payment and being granted a period of 14 days to still fulfill their payment obligations, the consumer owes statutory interest on the amount still owed, and the entrepreneur is entitled to charge any out-of-court collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the subsequent €2,500, and 5% on the next €5,000, with a minimum of €40. The entrepreneur may deviate from the stated amounts and percentages in favor of the consumer.
---
### Article 16 - Complaints Procedure
1. The entrepreneur has a sufficiently publicized 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 from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
4. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute resolution.
---
### Article 17 - Disputes
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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### Article 18 - Additional or Different Provisions
1. Additional or different provisions from these general terms and conditions may not disadvantage the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.
---
**Annex I: Model Withdrawal Form**
**Model Withdrawal Form**
(complete and return this form only if you wish to withdraw from the agreement)
To: [name of the entrepreneur]
[geographical address of the entrepreneur]
[entrepreneur's fax number, if available]
[entrepreneur's email address or electronic address]
I/We* hereby inform you that I/we* withdraw from our agreement regarding the sale of the following products: [product description]*
the delivery of the following digital content: [digital content description]*
the performance of the following service: [service description]*
Ordered on*/received on* [date of order for services or receipt for products]
[Name of consumer(s)]
[Address of consumer(s)]
[Signature of consumer(s)] (only if this form is submitted on paper)
[Date]
*Delete as appropriate or fill in as necessary.