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Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the reflection period
Article 8 – Exercise of the right of withdrawal by the consumer and the costs thereof
Article 9 – Obligations of the entrepreneur in case of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Compliance and additional warranty
Article 13 – Delivery and execution
Article 14 – Long-term transactions: duration, termination, and extension
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Supplementary or deviating provisions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Additional agreement: an agreement in which the consumer acquires products, digital content, and/or services in connection with a distance contract, and these items, digital content, and/or services are supplied by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur;
Reflection period: the time frame during which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting for purposes related to their trade, business, craft, or professional activity;
Day: calendar day; Digital content: data produced and delivered in digital form; Long-term contract: an agreement aimed at the regular delivery of goods, services, and/or digital content over a specific period; Durable medium: any tool – including email – that enables the consumer or entrepreneur to store information personally addressed to them in a way that allows for future consultation or use over a period aligned with the purpose for which the information is intended and permits unaltered reproduction of the stored information; Right of withdrawal: the consumer’s option to rescind the distance contract within the reflection period;
Entrepreneur: the natural or legal person offering products, (access to) digital content, and/or services to consumers at a distance;
Distance contract: an agreement concluded between the entrepreneur and the consumer as part of an organised system for distance sales of products, digital content, and/or services, using one or more remote communication techniques up to and including 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 has no right of withdrawal concerning their order;
Remote communication technique: a means that can be used to conclude an agreement without the consumer and entrepreneur needing to be in the same room simultaneously.
Article 2 – Identity of the entrepreneur
Organifer – Part of Wilpe B.V. Koningspil 6B 7773 NK Hardenberg, The Netherlands Chamber of Commerce number: 83663541 VAT number: NL8629.51.148.B.01
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract established 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, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur’s premises and that they will be sent free of charge to the consumer upon request as soon as possible.
If the distance contract is concluded electronically, as a deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that they can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically, and that they will be sent free of charge to the consumer electronically or in another manner upon request.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply correspondingly, and in case of conflicting conditions, the consumer can always rely on the applicable provision that is most favourable to them.
Article 4 – The offer
If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
The offer includes 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, these are a true representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer.
Article 5 – The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of the consumer’s acceptance of the offer and compliance with the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm 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 may dissolve 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.
Within legal frameworks, the entrepreneur may inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for responsibly entering into a distance agreement. If the entrepreneur has good grounds for not entering into the agreement based on this investigation, he is entitled to refuse an order or request with motivation or to attach special conditions to the execution.
At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium: a) the visiting address of the entrepreneur’s establishment where the consumer can lodge complaints; b) the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal; c) information about warranties and existing after-sales service; the price, including all taxes, of the product, service or digital content; d) the costs of delivery, if applicable; e) the method of payment, delivery or execution of the distance agreement; f) the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration; if the consumer has a right of withdrawal, the model withdrawal form.
In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 – Right of withdrawal
For products:
The consumer may dissolve an agreement relating to the purchase of a product during a reflection period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for the withdrawal, but cannot oblige them to provide their reason(s).
he reflection period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, 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, has received the last product. The entrepreneur may, provided that he has informed the consumer in a clear manner prior to the ordering process, refuse an order for multiple products with different delivery times. b) if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the last part; c) for agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by them, has received the first product.
For services and digital content not supplied on a tangible medium:
The consumer may dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for the withdrawal, but cannot oblige them to provide their reason(s).
The reflection period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.
Extended reflection period for products, services, and digital content not supplied on a tangible medium if not informed about the right of withdrawal:
If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period ends twelve months after the end of the original reflection period, determined in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the information referred to in the preceding paragraph to the consumer within twelve months from the start date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.
Article 7 – Obligations of the consumer during the reflection period
During the reflection period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle is that the consumer may only handle and inspect the product as they would be allowed to do in a store.
The consumer is only liable for the depreciation of the product that is the result of handling the product in a manner that goes beyond what is permitted in paragraph 1.
The consumer is not liable for the depreciation of the product if the entrepreneur has not provided them with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 – Exercise of the right of withdrawal by the consumer and the costs thereof
If the consumer exercises their right of withdrawal, they must notify the entrepreneur within the reflection period by means of the model withdrawal form or in another unequivocal manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has observed the return period in any case if he returns the product before the reflection period has expired.
The consumer returns the product with all supplied accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product.
If the consumer withdraws after having expressly requested that the provision of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or specific quantity commences during the reflection period, the consumer owes the entrepreneur a proportionate amount for the part of the commitment fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the commitment.
The consumer bears no 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 for the supply of district heating, if: a) the entrepreneur has not provided the consumer with the legally required information on the right of withdrawal, the reimbursement of costs upon withdrawal or the model withdrawal form, or; b) the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the reflection period.
The consumer bears no costs for the full or partial delivery of digital content not supplied on a tangible medium, if: a) they have not expressly agreed to the commencement of the performance of the agreement before the end of the reflection period; b) they have not acknowledged losing their right of withdrawal upon granting their consent; or c) the entrepreneur has failed to confirm this statement from the consumer.
If the consumer exercises their right of withdrawal, all additional agreements are dissolved by operation of law.
Article 9 – Obligations of the entrepreneur in case of withdrawal
If the entrepreneur allows the consumer to submit a notice of withdrawal electronically, he will send an acknowledgment of receipt immediately upon receiving the notice.
The entrepreneur reimburses 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 him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to refund until he has received the product or until the consumer demonstrates that they have returned the product, whichever comes first.
The entrepreneur will use the same payment method the consumer used for the refund, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the entrepreneur does not have to reimburse 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 a timely manner before the conclusion of the agreement:
Products or services whose prices are tied to fluctuations in the financial market that the entrepreneur has no control over 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 given the opportunity to be personally present at the auction, led by an auctioneer, and where the successful bidder is obliged to take the products, digital content, and/or services;
Service contracts, after full execution of the service, but only if: a) the execution has begun with the express prior consent of the consumer; and b) the consumer has stated that they lose their right of withdrawal once the entrepreneur has fully executed the agreement;
Package travel as referred to in Article 7:500 of the Dutch Civil Code and contracts for passenger transport;
Service contracts for the provision of accommodation, if the agreement provides for a specific date or period of execution and other than for residential purposes, goods transport, car rental services, and catering;
Agreements related to leisure activities, if the agreement provides for a specific date or period of execution;
Products manufactured according to the consumer’s specifications, which 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;
Products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery;
Products that are irrevocably mixed with other products after delivery due to their nature;
Alcoholic beverages whose price has been agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market that the entrepreneur has no control over;
Sealed audio, video recordings, and computer software, where the seal has been broken after delivery;
Newspapers, magazines, or periodicals, with the exception of subscriptions to them;
Delivery of digital content other than on a material medium, but only if: a) the execution has begun with the express prior consent of the consumer; and b) the consumer has stated that they lose their right of withdrawal with this.
Article 11 – The price
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.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no control, with variable prices. This connection to fluctuations and the fact that any stated prices are indicative prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
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 as of the day the price increase takes effect.
The prices stated in the offer of products or services include VAT.
Article 12 – Performance of the agreement and additional warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, with the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations that existed on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
An additional warranty provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement, if the entrepreneur has failed to fulfil his part of the agreement.
An additional warranty is defined as any undertaking by the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do if he has failed to fulfil his part of the agreement.
Article 13 – Delivery and performance
The trader shall exercise the greatest possible care when receiving orders for products and when assessing requests for the provision of services, and shall exercise due care in executing such orders and requests.
The place of delivery shall be the address that the consumer has made known to the trader.
With due regard for what is stipulated in article 4 of these general terms and conditions, the trader shall execute accepted orders with all due haste but at least within 30 days, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be filled or can only be partially filled, the consumer shall be notified of this within 30 days of placing the order. In such cases, the consumer shall have the right to dissolve the agreement free of charge and the right to any compensation for damages incurred.
The trader shall refund any payments made by the consumer without undue delay after dissolving the agreement pursuant to the preceding paragraph.
The risk of damage to or loss of products shall be borne by the trader until the time of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.
Article 14 – Continuing Performance Contracts: Duration, Termination, and Extension
Opzegging:
Termination:
The consumer may terminate an agreement that has been entered into for an indefinite period and that provides for the periodic delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement that has been entered into for a definite period and that provides for the periodic delivery of products (including electricity) or services at any time at the end of the specified duration, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements mentioned in the preceding paragraphs:
at any time and not be limited to termination at a specific time or during a specific period;
terminate them at least in the same way as they were entered into;
always terminate them with the same notice period that the entrepreneur has agreed for themselves.
Extension:
An agreement entered into for a definite period and providing for the periodic delivery of products (including electricity) or services may not be extended or renewed for a specified duration by tacit agreement.
Notwithstanding the preceding paragraph, an agreement entered into for a definite period and providing for the periodic delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a specified duration of up to three months if the consumer can terminate the extended agreement at the end of the extension period with a notice period of no more than one month.
An agreement entered into for a definite period and providing for the periodic delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. The notice period is up to three months if the agreement provides for the periodic but less frequent delivery of daily, news and weekly newspapers and magazines.
An agreement with a limited duration for the periodic delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly renewed and shall automatically expire upon the expiry of the trial or introductory period.
Duration:
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 agreed duration has expired.
Unless otherwise agreed in the contract 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 the conclusion of the contract. In the case of a contract for the provision of a service, this period begins on the day after the consumer received confirmation of the contract.
In the sale of products to consumers, the consumer may never be obliged to pay more than 50% in advance in the general terms and conditions. If advance payment has been agreed upon, the consumer may not claim any rights concerning the execution of the relevant order or service(s) until the agreed advance payment has been made.
The consumer has a duty to report inaccuracies in the provided or stated payment details to the entrepreneur without delay.
If the consumer fails to fulfill his payment obligation(s) in a timely manner, and after the entrepreneur has reminded the consumer of the late payment and has granted the consumer a period of 14 days to fulfill his payment obligations, the consumer will be liable for statutory interest on the amount still owed and the entrepreneur will be entitled to charge the extrajudicial collection costs incurred. These collection costs may amount to a maximum of: 15% of outstanding amounts up to € 2,500, 10% of the subsequent € 2,500, and 5% of the next € 5,000, with a minimum of € 40. The entrepreneur may deviate from the aforementioned amounts and percentages to the benefit of the consumer.
Article 16 – Complaints Procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted in full and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
The consumer must give the entrepreneur at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is subject to the dispute settlement procedure.
Article 17 – Disputes
Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
Article 18 – 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 the consumer can store them in an accessible manner on a durable medium.
If you have any questions about our terms and conditions, we are happy to assist you.