Terms of service

Definitions

In these terms and conditions, the following definitions apply:

  • Cooling-off period: the period within which the consumer can make use of their right of withdrawal;

  • Consumer: the natural person not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;

  • Day: calendar day;

  • Long-term transaction: a distance contract concerning a series of products and/or services, whose delivery and/or purchase obligation is spread over time;

  • Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.

  • Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period;

  • Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

  • Distance contract: an agreement concluded in the context of a system organized by the entrepreneur for distance sales of products and/or services, where up to and including the conclusion of the contract, only one or more techniques for distance communication are used;

  • Technique for distance communication: means that can be used to conclude a contract without the consumer and entrepreneur being together in the same place at the same time.

 

Identity of the entrepreneur

If the entrepreneur’s activity is subject to a relevant licensing system: >the details of the supervisory authority:

If the entrepreneur practices a regulated profession:

  • the professional association or organization with which he is affiliated;

  • the professional title, the place in the EU or the European Economic Area where this has been granted;

  • a reference to the professional rules applicable in the Netherlands and information on where and how these can be accessed.

Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge upon request by the consumer.

If the distance contract is concluded electronically, the text of these general terms and conditions can, in deviation from the previous paragraph and before the distance contract is concluded, be provided electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent electronically or in another way free of charge upon request by the consumer.

If in addition to these general terms and conditions specific product or service conditions also apply, the second and third paragraphs apply accordingly, and the consumer may always invoke the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.


 

The Offer

If an offer has a limited validity or is subject to conditions, this will be explicitly stated in the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur. Delivery is governed by the delivery article.

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.

This particularly concerns:

  • the price including taxes;

  • any delivery costs;

  • the method of concluding the agreement and the required actions;

  • whether or not the right of withdrawal applies;

  • the method of payment, delivery, and execution of the agreement;

  • the term for acceptance of the offer, or the term within which the entrepreneur guarantees the price;

  • the level of the rate for distance communication if the cost of using the distance communication technique is calculated on a basis other than the regular base rate for the communication method used;

  • whether the contract will be archived after it has been concluded, and if so, how the consumer can access it;

  • how the consumer, before concluding the contract, can check and, if desired, correct the information provided by them in the context of the agreement;

  • the possible other languages in which the agreement can be concluded besides Dutch;

  • the codes of conduct to which the entrepreneur has committed and how the consumer can consult these codes of conduct electronically;

  • the minimum duration of the distance contract in case of a long-term transaction.

The Agreement

The agreement, subject to the provisions in paragraph 4, is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.

If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.

The entrepreneur may, within legal frameworks, inform whether the consumer can meet their payment obligations, as well as all facts and factors that are important for the responsible conclusion of the distance contract. If the entrepreneur has good grounds not to enter into the agreement based on this research, he is entitled to refuse an order or application or to attach special conditions to the implementation.

The entrepreneur shall provide the following information to the consumer with the product or service, either in writing or in a way that enables the consumer to store it in an accessible way on a durable data carrier:

  • the visiting address of the entrepreneur’s establishment where the consumer can submit complaints;

  • the conditions and way in which the consumer can use the right of withdrawal or a clear statement regarding the exclusion of the right of withdrawal;

  • information about guarantees and existing after-sales services;

  • the information as referred to in Article 4, paragraph 3, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;

  • the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Right of Withdrawal

For product deliveries:

When purchasing products, the consumer has the right to dissolve the agreement without giving any reason within 14 days. This cooling-off period starts on the day after the product is received by the consumer or by a third party designated by the consumer.

During the cooling-off period, the consumer shall handle the product and packaging with care. The product will only be unpacked or used to the extent necessary to assess whether the consumer wishes to keep the product. If the consumer exercises the right of withdrawal, the product will be returned to the entrepreneur with all delivered accessories, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

For service deliveries:

If the consumer wishes to use the right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product by sending an email to Dutchiesendragons@gmail.com. After this notification, the consumer must return the product within 14 days. The consumer must be able to prove that the products were returned on time, for example, by providing proof of shipment.

To exercise the right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer or upon delivery.


Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the return costs shall be borne by the consumer.

If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the return shipment or withdrawal.

If the consumer exercises the right of withdrawal, this may be communicated via the Model Withdrawal Form or in another unambiguous manner.

Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal insofar as provided in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before concluding the agreement.

Exclusion of the right of withdrawal is only possible for products:

  • that have been created by the entrepreneur in accordance with the consumer’s specifications;

  • that are clearly personal in nature;

  • that cannot be returned due to their nature;

  • that spoil or age quickly;

  • whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;

  • for individual newspapers and magazines;

  • for audio and video recordings and computer software whose seal has been broken by the consumer;

  • for hygienic products whose seal has been broken.

Exclusion of the right of withdrawal is only possible for services:

  • related to accommodation, transportation, restaurant business, or leisure activities to be performed on a specific date or during a specific period;

  • whose delivery has begun with the express consent of the consumer before the cooling-off period has expired;

  • concerning bets and lotteries.

The Price

During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services with prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they result from legal regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

  • they result from legal regulations or provisions; or

  • the consumer has the authority to terminate the agreement as of the date the price increase takes effect.

The prices stated in the offer of products or services include VAT.

Compliance and Warranty

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 legal provisions and/or government regulations existing on the date of the conclusion of the agreement.

An arrangement offered as a guarantee by the entrepreneur, manufacturer, or importer does not affect the rights and claims that the consumer can assert against the entrepreneur in respect of a shortcoming in the fulfillment of the entrepreneur's obligations based on the law and/or the distance contract.

Delivery and Execution

The entrepreneur will take the greatest possible care in receiving and executing orders for products and in assessing requests for the provision of services.

The place of delivery is the address that the consumer has made known to the entrepreneur.

With due observance of what is stated about this in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than within 30 days, unless a longer delivery period has been agreed upon. If the delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed about this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible but no later than 14 days after dissolution.

If the delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement item available. It will be clearly and comprehensibly stated, at the latest upon delivery, that a replacement item is being delivered. With replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are at the entrepreneur’s expense.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless expressly agreed otherwise.

Long-Term Transactions: Duration, Termination, and Renewal

Termination:

The consumer can terminate an agreement concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer can terminate a fixed-term agreement that extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed term with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements mentioned in the previous paragraphs:

  • at any time and not be limited to termination at a specific time or during a specific period;

  • at least in the same manner as they were concluded by the consumer;

  • always with the same notice period as stipulated by the entrepreneur for themselves.

Renewal:

A fixed-term agreement that has been entered into for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.

Notwithstanding the previous paragraph, a fixed-term agreement that has been entered into for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term 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.

A fixed-term agreement that has been entered into 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 a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

A fixed-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines by way of introduction (trial or introductory subscription) will not be tacitly continued and ends automatically after 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 end of the agreed term.

Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the cooling-off period referred to in Article 6 begins. In the case of a service agreement, this period starts after the consumer has received confirmation of the agreement.

In the case of prepayment, the consumer cannot assert any rights regarding the execution of the order or service(s) until the agreed advance payment has been made.

The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs made known in advance.

Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.

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 the 14-day period with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.

Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.

Additional or Deviating Provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be laid down in writing, or recorded in such a way that the consumer can store them in an accessible manner on a durable data carrier.