Terms & Conditions
Index:
- Article 1 - Definitions
- Article 2 - Identity of the entrepreneur
- Article 3 - Applicability
- Article 4 - The offer
- Article 5 - The contract
- Article 6 - Right of withdrawal
- Article 7 - Costs in case of withdrawal
- Article 8 - Exclusion right of withdrawal
- Article 9 - The price
- Article 10 - Conformity and warranty
- Article 11 - Delivery and execution
- Article 12 - Duration transactions: duration, cancellation and extension
- Article 13 - Payment
- Article 14 - Complaints procedure
- Article 15 - Disputes
- Article 16 - Additional or deviating provisions
Article 1 - Definitions
In these conditions, the following definitions apply:
- Reflection period: the period in which the consumer can make use of his right of withdrawal;
- Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur;
- Day: calendar day;
- Duration of transaction: a distance contract relating to a series of products and / or services, of which the delivery and / or purchase obligation is spread over time;
- Durable medium: any means that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that makes future consultation and unaltered reproduction of the stored information possible.
- Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
- Model form: the model form for withdrawal that the entrepreneur provides that a consumer can fill in when he wants to make use of his right of withdrawal.
- Entrepreneur: the natural or statutory person who offers products and / or services to consumers at a distance;
- Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and / or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
- Technique for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur being in the same room at the same time.
- Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Het Kleinste Huis;
Oude Hoogstraat 22
1012CE Amsterdam
Telephone number: 0207527585
Mail address: info@hetkleinstehuis.nl
CoC number: 51825961
VAT number: NL002096245B77
Oude Hoogstraat 22
1012CE Amsterdam
Telephone number: 0207527585
Mail address: info@hetkleinstehuis.nl
CoC number: 51825961
VAT number: NL002096245B77
Article 3 - Applicability
- These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders between entrepreneur and 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 before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
- If the distance contract is concluded electronically, by derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that at the request of the consumer they will be sent free of charge by electronic means or otherwise.
- In case the specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer may in the event of conflicting general terms and conditions always invoke the applicable provision that is most favorable to him.
- If one or more provisions in these general terms and conditions at any time are wholly or partially void or destroyed, then the contract and these conditions remain intact and the concerning stipulation will be replaced by a provision that the intention of the original approaches as much as possible.
- Situations that are not regulated in these general terms and conditions must be assessed 'to the spirit' of these general terms and conditions.
- Obscurities about the explanation or content of one or more provisions of our terms and conditions, should be explained 'to the spirit' of these terms and conditions.
Article 4 - The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- The offer is without obligations. The entrepreneur is entitled to amend and adjust the offer.
- The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to make a proper assessment of the offer possible by the consumer. If the entrepreneur uses images, these are a true reflection of the offered products and / or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- All images, specifications and information in the offer are indicative and can not lead to compensation or dissolution of the contract.
- Products with images are a true reflection of the products offered. Entrepreneur can not guarantee that the displayed colors exactly match the real colors of the products.
- Each offer contains such information that is clear to the consumer on what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- the possible costs of shipping;
- the way in which the contract will be concluded, and which acts are necessary for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and execution of the contract;
- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the amount of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic tariff for the used means of communication;
- whether the agreement is filed after the conclusion and, if so, how it can be consulted by the consumer;
- the way in which the consumer, prior to concluding the contract, can check the data provided by him under the contract and repair it if necessary;
- any other languages in which, in addition to Dutch, the contract can be concluded;
- the codes of conduct to which the entrepreneur has subjected himself 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 duration of transaction.
- Optional: available sizes, colours, type of materials.
Article 5 - The contract
- The contract is, without prejudice to the provisions of paragraph 4, 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 will immediately confirm the 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 can dissolve the agreement.
- If the contract is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
- The entrepreneur can - within the legal frameworks - 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 contract. If the entrepreneur based on this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request, and he is entitled to attach special conditions to the execution.
- The entrepreneur will send the following information with the product or service, 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 business location of the entrepreneur where the consumer can go to with complaints;
- b. 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;
- c. the information about guarantees and the existing service after purchase;
- d. the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the contract;
- e. the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite.
- In case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
- Each contract is concluded under the suspensive conditions of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
When delivering products:
- When purchasing products, the consumer has the option to terminate the contract without giving any reasons within 14 days. This reflection period commences on the day following the receipt of the product by the consumer or a representative who is predesignated by the consumer and who is announced to the entrepreneur.
- During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent that is necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
- When the consumer wishes to make use of his right of withdrawal, he is obliged to announce this to the entrepreneur within 14 days after the receipt of the product. The consumer must announce this by means of the model form. After the consumer has announced that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment.
- If the customer has not announced that he wishes to make use of his right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3, or the consumer has not returned the product to the entrepreneur, the purchase is a fact.
When delivering services:
- When providing services, the consumer has the option to terminate the contract without giving any reasons for at least 14 days, starting on the day of concluding the contract.
- In order to make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and / or at the latest upon delivery.
Article 7 - Costs in case of withdrawal
- If the consumer makes use of his right of withdrawal, then the consumer will bear the costs of returning the goods.
- 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 cancellation. However, the condition is that the product has already been received back by the merchant or that conclusive proof of the complete return can be submitted. Repayment will be made via the same payment method used by the consumer unless the consumer explicitly authorizes another payment method.
- In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product.
- The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this should be done before the conclusion of the purchase contract.
Article 8 - Exclusion of right of withdrawal
- The entrepreneur can exclude the right of withdrawal of the consumer for products as described in paragraph 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 time for the conclusion of the contract.
- Exclusion of the right of withdrawal is only possible for products:
- that have been created by the entrepreneur according to the specifications of the consumer;
- that are clearly personal in nature;
- which cannot be returned due to their nature;
- that can spoil or age quickly;
- of which the price is subject to fluctuations in the financial market on which the entrepreneur has no influence;
- for loose newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has broken the seal.
- for hygienic products of which the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- regarding accommodation, transport, restaurant services, or to perform leisure activities on a certain date or during a certain period;
- of which the delivery commenced with the express consent of the consumer before the reflection period has expired;
- regarding bets and lotteries.
Article 9 - The price
- During the period mentioned in the offer, the prices of the offered products and/or services shall 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 subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This linkage to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
- Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
- they are the result of statutory regulations or provisions; or
- the consumer has the right to terminate the contract with effect from the day the price increase takes effect.
- The prices included 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 according to the erroneous price.
Article 10 - Conformity and Warranty
- The entrepreneur guarantees that the products and/or services comply with the contract, the specifications listed in the offer, reasonable requirements of reliability and/or usability and the existing legal provisions and/or government regulations as of the date of the contract. If agreed upon, the entrepreneur also ensures that the product is suitable for other than normal use.
- A warranty provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the contract.
- Any defects or incorrectly delivered products should be reported in writing to the entrepreneur within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition.
- The warranty period provided by the entrepreneur 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:
- The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
- The delivered products have been exposed to abnormal conditions or otherwise careless handling or contrary to the instructions of the entrepreneur and/or on the packaging;
- The inadequacy is wholly or partly the result of regulations that the government has made or will make regarding the nature or quality of the materials used.
Article 11 - Delivery and execution
- The entrepreneur shall observe the greatest possible care when receiving and implementing orders for products and when assessing requests for the provision of services.
- The place of delivery is the address that the consumer has made known to the company.
- Taking into account what is stated in paragraph 4 of this article, the company shall execute accepted orders expeditiously but no later than 30 days unless a longer delivery period has been agreed upon. If delivery is delayed, or if an order cannot be executed or only partially executed, the consumer will be notified of this no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the contract without penalty and is entitled to any compensation.
- All delivery times are indicative. The consumer cannot derive any rights from any terms mentioned. Exceeding a term does not entitle the consumer to compensation.
- In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount that the consumer has paid as soon as possible but no later than 14 days after dissolution.
- If delivery of an ordered product proves impossible, the entrepreneur shall strive to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly reported that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are at the expense of the entrepreneur.
- The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Duration transactions: duration, cancellation and extension
Cancellation
- The consumer can terminate an agreement that has been entered for an indefinite period and that extends to the regular delivery of products (electricity included) 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 a contract that has been entered for a definite period and that extends to the regular delivery of products (electricity included) or services, at the end of the definite period with due observance of the agreed termination rules and a notice period of at most one month.
- Consumers can:
- terminate at any time and not be limited to termination at a specific time or in a certain period;
- at least terminate in the same way as they are entered into by him;
- always terminate with the same notice period as the entrepreneur has stipulated for himself.
Extension
- A contract that has been entered for a definite period and that extends to the regular delivery of products (including electricity) or services, may not be automatically extended or renewed for a fixed duration.
- Notwithstanding the previous paragraph, a contract that has been entered for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be automatically extended for a maximum of three months, if the consumer can terminate this extended contract towards the end of the extension with a notice period of at most one month.
- A contract that has been entered for a definite period and that extends to the regular delivery of products or services, may only be automatically extended for an indefinite period if the consumer may terminate at any time with a notice period of at most one month and a notice period of at most three months in case the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
- A contract with a limited duration for the regular delivery of day, news and weekly newspapers and magazines (trial or introductory subscription) is not automatically extended and ends automatically at the end of the trial or introductory period.
Duration
- If a contract has a duration of more than one year, the consumer may terminate the contract at any time with a notice period of at most one month, unless the fairness and reasonableness oppose termination before the end of the agreed duration.
Article 13 - Payment
- Unless otherwise stipulated in the agreement or additional conditions, the amounts due by the consumer should be paid within 14 days after the commencement of the cooling off period, or in the absence of a cooling off period within 14 days after the conclusion of the agreement. In case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
- The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
- In case of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer beforehand.
Article 14 - Complaints procedure
- The entrepreneur has a sufficiently publicized complaints procedure and deals with the complaint in accordance with this complaints procedure.
- Complaints about the execution of the contract must be described fully and clearly and submitted 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 reply within the 14-day period with a message of receipt and an indication when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved by mutual agreement, then there is a dispute that is subject to the dispute resolution.
- In case of complaints, a consumer should first turn to the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur, and if the complaints do not lead to a solution, the consumer is able to turn to Stichting WebwinkelKeur (WebwinkelKeur) which will mediate for free. If there is still not a solution, the consumer has the possibility to have his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of this is binding and both entrepreneur and consumer agree with this binding decision. There are charges that the consumer must pay to the relevant disputes committee. It is also possible to file complaints via the European ODR platform (http://ec.europa.eu/odr).
- A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur specifies otherwise.
- If a complaint is found justified by the entrepreneur, the entrepreneur will, at its option, either replace or repair the delivered products free of charge.
Article 15 - Disputes
- Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
- The Vienna Sales Convention does not apply.
Article 16 - Additional or different provisions
Additional or different provisions from these general terms and conditions may not be to the detriment of the consumer and should be recorded in writing or in such a manner that they can be stored by the consumer in an accessible way on a durable medium.
Model form for cancellation
(only fill in this form and return it if you want to withdraw from the contract)
(only fill in this form and return it if you want to withdraw from the contract)
— To [Company name]:
[Address]
[Zipcode, City]
[Telephone number]
[Email address]
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
— Ordered on (*)/received on (*),
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
— Date
(*) Delete as appropriate.