General Terms and Conditions

General Terms and Conditions

Below you will find the general terms and conditions that you can use for your webshop. Please note: no rights can be derived from these general terms and conditions. Consult a legal professional if you have doubts about their content.

Article 1 – Definitions

In these terms and conditions, the following terms are understood to mean:

• Cooling-off Period: the period within which the consumer can make use of his right of withdrawal;
• Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
• Day: calendar day;
• Continuing Transaction: a distance contract related to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
• Durable Data Carrier: any means that enables the consumer or entrepreneur to store information directed at them personally in a way that allows future consultation and unchanged reproduction of the stored information;
• Right of Withdrawal: the consumer's ability to refrain from 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: a contract concluded as part of an organized system for selling products and/or services remotely, up to and including the conclusion of the contract, using one or more communication techniques at a distance;
• Technique for Communication at a Distance: means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously in the same space.

Article 2 – Identity of the Entrepreneur

NegSixThree Email Address: [EMAIL ADDRESS] Chamber of Commerce Number: [CHAMBER OF COMMERCE NUMBER] VAT Identification Number: [VAT NUMBER]

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and orders 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 viewed at the entrepreneur's premises and will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, in 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 the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent to the consumer electronically or in another way free of charge 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 shall apply by analogy, and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to him.

If one or more provisions in these general terms and conditions are void or nullified in whole or in part at any time, the agreement and these terms and conditions will remain in effect for the remainder and the relevant provision will be replaced by a provision that approximates the purpose of the original as much as possible through mutual consultation.

Situations not regulated in these general terms and conditions shall be assessed 'in the spirit' of these general terms and conditions.

Ambiguities regarding the explanation or content of one or more provisions of our terms and conditions shall be interpreted 'in the spirit' of these general terms and conditions.

Article 4 – The Offer

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

The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.

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

All images, specifications, data in the offer are indicative and cannot lead to compensation or dissolution of the agreement.

Images with products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Every offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to accepting the offer. This concerns in particular:

• the price including taxes;
• any shipping costs;
• the way in which the contract will be concluded and what actions are necessary for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery, and implementation of the contract;
• the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
• the height of the tariff for communication at a distance if the costs of using the communication technique at a distance are calculated on a basis other than the regular base rate for the used communication means;
• whether the agreement will be archived after its conclusion, and if so, how the consumer can consult it;
• how the consumer, prior to concluding the agreement, can check the information provided by him in the context of the agreement and, if desired, restore it;
• any languages other than Dutch in which the agreement can be concluded;
• the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance contract in case of a continuing transaction.

Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance of the offer by the consumer and compliance with the conditions set.

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

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

The entrepreneur can – within the legal framework – inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.

The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

• the visiting address of the entrepreneur's establishment where the consumer can address complaints;
• the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• information about guarantees and existing service after purchase;
• the data referred to in Article 4(3) of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the performance of the agreement;
• the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.

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

Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

In the purchase of products, the consumer has the possibility to dissolve the agreement without giving reasons within 14 days. This cooling-off period starts on the day after the consumer or a pre-designated representative known to the entrepreneur has received the product.

During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to retain the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days after receiving the product. The consumer must notify the entrepreneur by means of a written message/email.

After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods delivered have been returned on time, for example, by means of proof of dispatch.

If the customer has not made it known after the periods mentioned in paragraphs 2 and 3 or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 – Costs in case of withdrawal

If the consumer makes use of his right of withdrawal, the costs of returning the products are for the account of the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. The condition here is that the product has already been received by the web retailer or conclusive proof of complete return can be provided.

Article 8 – Exclusion of right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products: a. that have been created by the entrepreneur in accordance with the consumer's specifications; b. that are clearly of a personal nature; c. that cannot be returned due to their nature; d. that can spoil or age quickly; e. the price of which is subject to fluctuations on the financial market over which the entrepreneur has no influence; f. for loose newspapers and magazines; g. for audio and video recordings and computer software where the consumer has broken the seal. h. for hygienic products of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services: a. relating to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period; b. the delivery of which has commenced with the express consent of the consumer before the cooling-off period has expired; c. concerning bets and lotteries.

Article 9 – The price

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

In deviation from the previous paragraph, the entrepreneur can offer products or services, the prices of which are tied to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This binding to fluctuations and the fact that prices mentioned are indicative will be stated with 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 authority to terminate the agreement on the day the price increase takes effect.

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

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the erroneous price.

Article 10 – Conformity 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 soundness and/or usability, and the legal provisions and/or government regulations existing 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.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. Return of the products must be in the original packaging and in new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if: a. the consumer has repaired or altered the delivered products himself or has had them repaired or altered by third parties; b. the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or are in conflict with the entrepreneur's and/or the packaging's instructions; c. the defectiveness is wholly or partly the result of regulations prescribed or will be prescribed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will exercise the utmost care when receiving and executing orders for products.

The consumer's specified address is considered the place of delivery.

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

In case 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 it turns out to be impossible to deliver an ordered product, the entrepreneur will make an effort to provide a replacement item. It will be clearly and comprehensibly stated at the latest upon delivery that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.

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

Article 12 – Long-Term Transactions: Duration, Termination, and Renewal

Termination

The consumer can terminate an agreement concluded for an indefinite period and which aims to regularly deliver products (including electricity) or services at any time, with due observance of the agreed termination rules and a notice period of at most one month.

The consumer can terminate an agreement concluded for a definite period and which aims to regularly deliver products (including electricity) or services at any time at the end of the agreed period, observing the agreed termination rules and a notice period of at most one month.

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

• at any time and is not limited to termination at a specific time or in a specific period;
• terminate at least in the same way they were entered into;
• always terminate with the same notice period as the entrepreneur has stipulated for himself.

Renewal

An agreement concluded for a definite period and which aims to regularly deliver products (including electricity) or services may not be tacitly renewed or extended for a definite period.

Contrary to the previous paragraph, an agreement concluded for a definite period and which aims to regularly deliver newspapers, daily news, and weekly magazines and periodicals 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 at most one month.

An agreement concluded for a definite period and which aims to regularly deliver products or services may only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a notice period of at most one month and a notice period of at most three months in the event the agreement aims to regularly deliver, but less than once a month, newspapers, daily news, and weekly magazines and periodicals.

An agreement with a definite duration for the regular delivery of newspapers, daily news, and weekly magazines and periodicals (trial or introductory subscription) may not be tacitly continued and will automatically end 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 at most one month, unless reasonableness and fairness oppose termination before the agreed duration ends.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

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

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

Article 14 – Complaints Procedure

Complaints about the performance of the agreement must be fully and clearly described within 7 days after the consumer has discovered the defects, submitted to the entrepreneur.

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 period of 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is susceptible to the dispute resolution procedure.

A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products at no cost.

Article 15 – Disputes

Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions relate, even if the consumer resides abroad.