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Article 1 - Definitions
Article 2 - The entrepreneur’s identity
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Consumer’s obligations during the reflection period
Article 8 - Exercising the consumer’s right of withdrawal and the costs
Article 9 - Entrepreneur’s obligation in case of withdrawal
Article 10 - The price
Article 11 - Compliance and extra guarantee
Article 12 - Delivery and execution
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or varying provisions
Article 1 – Definitions
In these general terms and conditions, the following terms shall have the following meaning:
1. Reflection period: the period during which the consumer may use his right of withdrawal;
2. Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;
3. Day: calendar day;
4. Digital content: data produced and delivered in digital form;
5. Sustainable data carrier: any means, including email, that allow the consumer or the entrepreneur to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible.
6. Right of withdrawal: the consumer’s option not to proceed with the distance agreement within the cooling-off period;
7. Entrepreneur: the natural or legal person who provides products to consumers at a distance;
8. Distance contract: a contract concluded by the entrepreneur and the consumer within the scope of an organised system for distance selling, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;
9. Standard form for withdrawal: the European standard form for withdrawal is included in Appendix 1;
10. Technology for distance communication: a means to be used for concluding an agreement without the consumer and the entrepreneur being together in the same place at the same time.
Article 2 – The Entrepreneur’s identity
Name of entrepreneur: Squashpoint
Business address: Bloemendalstraat 19, 6291 CL Vaals
Telephone number: +31 43 23 400 10
Opening hours: Monday to Friday from 9am - 5pm
Email address: firstname.lastname@example.org
Chamber of Commerce number: 59848685
VAT identification number: NL162256565B01
Article 3 – Applicability
1. These general terms and conditions apply to any offer from the entrepreneur and to any distance contract concluded by the entrepreneur and the consumer.
2. Before concluding a distance contract, the entrepreneur shall make the text of these general terms and conditions available free of charge and as soon as possible. If this is reasonably impossible, the entrepreneur shall indicate in what way the general terms and conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is concluded.
3. If the distance contract is concluded electronically, the text of these general terms and conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the consumer electronically in such a way that the consumer can easily store it on a long-term data carrier. If this is reasonably impossible, it will be specified where the general terms and conditions can be viewed electronically and that they will be sent at the consumer’s request free of charge, either via electronic means or otherwise, before concluding the distance contract;
4. In the event that specific product or service condition apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the consumer may always appeal to the applicable provision that is most favourable to him/her.
Article 4 – The offer
1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
2. The offer contains a full and accurate description of the product. The description is suitably detailed to enable the consumer to assess the product adequately. If the entrepreneur makes use of pictures, they are truthful images of the product. Obvious errors or mistakes in the offer do not bind the entrepreneur.
3. All offers contain such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5 – The contract
1. Subject to the provisions in article 4, the contract becomes valid when the consumer has accepted the offer and fulfilled the terms and conditions set.
2. If the consumer accepted the offer via electronic means, the entrepreneur shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the consumer may repudiate the contract.
3. If the contract is concluded electronically, the entrepreneur will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
4. The entrepreneur may, within the limits of the law, gather information about consumer’s ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.
5. Before delivering the product, the entrepreneur shall send the following information along with the product in writing or in such manner that the consumer can store it in an accessible manner on a long-term data carrier:
a. The visiting address of the entrepreneur’s business establishment where the consumer may get into contact with any complaints;
b. The conditions on which and the manner in which the consumer may exercise the right of withdrawal, or, as the case may be, clear information about his being exempted from the right of withdrawal;
c. The information corresponding to existing after-sales services and guarantees;
d. The price including all taxes of the product, where applicable the delivery costs and the way of payment, delivery or implementation of the distance contract;
e. The standard form for withdrawal if the consumer has the right of withdrawal.
Article 6 – Right of withdrawal
1. The consumer can repudiate a purchase contract for a product without giving reasons for a period of reflection of 30 days. The entrepreneur may ask the consumer about the reason for the withdrawal but cannot force him to state his reason.
2. The reflection period referred to in sub-clause 1 starts on the day the product is received by the consumer or by a third party appointed by him in advance. Or if the consumer ordered several products in the same order on the day on which the consumer or a third party appointed by him received the last product.
Article 7 – Consumer’s obligations during the time of reflection
1. During this period, the consumer shall handle the product and the packaging with care. The consumer shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of the product. The guiding principle is that the consumer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.
2. The consumer is only liable for the decrease in value of the product that is caused by the way of handling the product, which went further than allowed in sub-section 1.
3. The consumer is not liable for the decrease in value of the product if the entrepreneur has not provided him with all legal information about the right of withdrawal before concluding the agreement.
Article 8 – Exercising the Consumer’s right of withdrawal and the costs
1. If the consumer exercises his right of withdrawal he shall notify the entrepreneur unambiguously with the standard form for withdrawal within the period of reflection.
2. The consumer shall return the product or deliver it to (the authorized representative of) the entrepreneur as soon as possible but within 14 days counting from the day following the notification referred to in sub-clause 1.
3. The Consumer shall return the product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with reasonable and clear instructions given by the entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the consumer.
5. The consumer shall bear the direct costs of returning the product.
Article 9 – Entrepreneur’s obligations in case of withdrawal
1. If the entrepreneur makes the notification of withdrawal by electronic means possible, he shall promptly send a return receipt.
2. The entrepreneur shall reimburse all payments made by the consumer as soon as possible but within 14 days following the day on which the consumer notified him of the withdrawal. The entrepreneur can wait with paying back until having received the product or until the consumer proved that he returned the product, whichever occurs first.
3. The entrepreneur shall make use of the same means of payment that the consumer used, unless the consumer consents to another method. The reimbursement is free of charge for the consumer.
4. If the consumer opted for a more expensive method of delivery instead of the cheapest standard delivery, the entrepreneur need not reimburse the additional costs for the more expensive method.
Article 10 - The price
1. The prices of the products shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT rates.
2. All prices indicated in the provision of products or services are including VAT.
Article 11 – Performance of an agreement and extra guarantee
1. The entrepreneur guarantees that the products comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded.
2. An extra guarantee offered by the entrepreneur, his supplier, manufacturer or importer shall never affect the rights and claims the consumer may exercise against the entrepreneur about a failure in the fulfilment of the entrepreneur’s obligations if the entrepreneur has failed in the fulfilment of his part of the agreement.
3. Extra guarantee is taken to mean each obligation by the entrepreneur, his supplier, importer or manufacturer in whom he assigns certain rights or claims to the consumer that go further than he is legally required in case he fails in the compliance with his part of the agreement.
Article 12 – Delivery and execution
1. The entrepreneur shall exercise the best possible care when booking orders and executing product orders.
2. The place of delivery is at the address given by the consumer to the entrepreneur.
3. With due observance of the stipulations in Article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer shall be informed about this within one month after ordering. In such cases, the consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.
4. After repudiation in conformity with the preceding paragraph, the entrepreneur shall return the payment made by the consumer promptly but at least within 30 days after repudiation.
5. The risk of loss and/or damage to products will be borne by the entrepreneur until the time of delivery to the consumer.
Article 14 – Complaints procedure
1. The entrepreneur shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the contract shall be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer discovered the defects.
3. The complaints submitted to the entrepreneur shall be replied within a period of 14 days after the date of receipt. Should a complaint require a foreseeable longer time for handling, the entrepreneur shall respond within 14 days with a notice of receipt and an indication when the consumer can expect a more detailed reply.
4. If the complaint cannot be solved in joint consultation within a reasonable time or within 3 months after submitting the complaint, there will be a dispute that is open to the dispute settlement rules.
Article 15 - Disputes
Contracts between the entrepreneur and the consumer, to which these general terms and conditions apply, are exclusively governed by Dutch law.
Article 16 - Additional provisions or derogations
Additional provisions of and/or derogations from these general terms and conditions should not be to the consumer’s detriment and must be put in writing or recorded in such a way that the consumer can store them in an accessible manner on a long-term data carrier.
Appendix 1 - Standard form for withdrawal
(Complete this form and return it only when you want to revoke the agreement)
- To: Squashpoint, Bloemendalstraat 19, 6291 CL Vaals, The Netherlands, email@example.com
- I hereby inform you that I wish to revoke our agreement on the sale of the following products:
- Ordered on: