General Conditions – Eline Snel Webshop

General Conditions – Eline Snel Webshop

Contents

Article 1 – Definitions

Article 2 – Identity of the company

Article 3 – Applicability

Article 4 – Offer

Article 5 – Agreement

Article 6 – Right of withdrawal

Article 7 – Costs in case of revocation

Article 8 – Exclusion of right of withdrawal

Article 9 – The price

Article 10 – Conformity and guarantee

Article 11 – Delivery and performance

Article 12 – Long-term transactions: duration, termination and renewal

Article 13 – Payment

Article 14 – Complaints procedure

Article 15 – Disputes

Article 16 – Additional or different provisions

 

Article 1 – Definitions

For the purposes of these conditions, the following definitions apply:

  1. Withdrawal period: the period within which the customer may exercise their right of withdrawal
  2. Customer: an individual, not acting in the exercise of a profession or business, who enters into a distance contract with the company
  3. Day: a calendar day
  4. Long-term transaction: a distance contract for a series of products and/or services to be delivered and/or purchased over time
  5. Durable data storage medium: any medium that enables the customer or company to store information addressed to them, such that they can view it and reproduce it unaltered
  6. Right of withdrawal: the customer’s option to renounce the distance contract during the cooling-off period
  7. Company: a business that offers products and/or services remotely to customers
  8. Distance contract: an agreement whereby, under the company’s system for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication
  9. Distance communication technology: technology that can be used to conclude an agreement, without the customer and the company being in the same room at the same time.

 

Article 2 – Identity of the company

Eline Snel Method b.v.

Haverland 9, 3833 CT Leusden, Netherlands

Telephone number: + 31 (33) 3010287

Email address: webshop@elinesnel.com

Company registration number: 68777213

VAT identification number: NL857587419B01

 

Article 3 – Applicability

  1. These general conditions apply to all offers made by the company and distance contracts between the company and the customer.
  2. The conditions will be made available to the customer before concluding the contract. If this is not reasonably possible, they can be inspected on the company’s premises and will be sent to the customer on request and free of charge.
  3. However, if the contract is concluded electronically, these conditions may be made available to the customer electronically before it is concluded, so that they can easily be stored on a durable data medium. If this is not reasonably possible the company will, before concluding the contract, state where they can be viewed electronically. It will also send them to the customer, electronically or otherwise, on request and free of charge.
  4. If specific products or services are subject to additional conditions, the second and third paragraphs shall apply by analogy and the customer may invoke the provision that is more favourable to them if there is a conflict between the two sets of conditions.

Article 4 – Offer

  1. If an offer has a limited period of validity or is subject to conditions, it will explicitly state this.
  2. The offer will contain a complete and accurate description of the products and/or services that is sufficiently detailed for the customer to make a proper assessment of them. Any images will be true representations of the products and/or services. Any obvious errors in the offer are not binding on the company.
  3. The offer will make clear what rights and obligations will apply if it is accepted. This includes the following, among others:
  • The price including taxes
  • The delivery charge, if any
  • How the agreement will be concluded, and what the parties need to do
  • Whether a right of withdrawal applies
  • How payment and delivery will be made, and the performance of the contract
  • The period for acceptance of the offer, or during which the price is guaranteed
  • Any premium rate charged for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used
  • Whether the agreement will be archived after it has been concluded and, if so, how the customer can view it
  • How the customer can, before concluding the agreement, check the data they have provided within the framework of the agreement and correct it if necessary
  • Any languages other than Dutch in which the agreement can be concluded
  • The codes of conduct to which the company is subject, and how the customer can view them electronically
  • The minimum duration of the contract in the case of a longer-term transaction

Article 5 – Agreement

  1. Subject to paragraph 4, the agreement will be concluded when the customer accepts the offer and the conditions attached to it have been met.
  2. If the customer has accepted the offer electronically, the company shall immediately confirm receipt of this acceptance by the same means. The customer may dissolve the agreement at any time before the company confirms receipt.
  3. If the agreement is made electronically, the company will take appropriate measures to ensure that data is transferred securely, including a secure web environment. It will also take appropriate security measures to protect electronic payments where these are allowed.
  4. The company may take any legal measures required to assess the customer’s solvency, and obtain any other information it can reasonably be expected to require before entering into the contract. If, as a result, the company has good reason not to enter into the agreement, it may refuse to fulfil an order or attach conditions to it.
  5. The company shall send the customer the following information with the product or service, either in writing or in such a way that the customer can store and view it on a durable data storage medium:
    a. The physical location to which the customer can submit complaints
    b. How the customer can exercise their right of withdrawal, or a clear statement that no such right applies
    c. Details of guarantees and aftersales service
    d. The information included in article 4 paragraph 3 of these conditions, unless the company has already provided it to the customer before the agreement is concluded
    e. The requirements for cancelling the agreement if it has a term of more than one year or is indefinite
  6. In the case of a long-term transaction, the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

Upon delivery of products:

  1. The customer may dissolve the agreement without giving reasons during the 14 days after purchasing products. This cooling-off period begins on the day after the products are received by the customer or by a representative notified to the company in advance.
  2. During the cooling-off period, the customer will handle the product and packaging with care. They will unpack or use the product only to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal they will, if reasonably possible, return the product and accessories in their original condition and packaging, in accordance with clear and reasonable instructions from the company.

When providing services:

3.When providing services, the customer may dissolve the agreement without giving reasons for at least fourteen days, starting on the day of the agreement.
4.In order to exercise this right, it shall comply with clear and reasonable instructions provided by the company at the time of the offer and/or by the time of delivery.

 

Article 7 – Costs in case of revocation

  1. If the customer exercises their right of withdrawal, their maximum liability will be the cost of returning the goods.
  2. If the customer has paid an amount, the company shall refund this as soon as possible, but at the latest within 30 days after the return or withdrawal.

Article 8 – Exclusion of rights of withdrawal

  1. The company may exclude the customer’s right of withdrawal as provided in paragraphs 2 and 3 if it has clearly stated this in the offer, or in due time before concluding the agreement.
  2. Exclusion of the right of withdrawal is possible only for products that
    a. Are created by the company in accordance with the customer’s specifications
    b. Are clearly personal in nature
    c. Cannot be returned due to their nature
    d. Can spoil or age quickly
    e. Are subject to fluctuations in the financial market over which the company has no influence
    f. Are separate newspapers and magazines
    g. Are audio and video recordings and computer software of which the customer has broken the seal

3. Exclusion of the right of withdrawal is only possible for services
a. Consisting of accommodation, transport, catering, or leisure activities to be carried out on a certain date or during a certain period
b. Whose delivery has started with the customer’s express consent before the expiration of the cooling-off period
c. Concerning bets and lotteries

 

Article 9 – Price

  1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except due to changes in VAT rates.
  2. However, the company may charge variable prices for products or services whose costs are subject to fluctuations in the financial market beyond its control. It will state this in the offer.
  3. Price increases within three months of the agreement are allowed only if they are the result of legal regulations or provisions.
  4. Prices increases from three months after the agreement are allowed only if the company has stipulated this and
    a. They are the result of legal regulations or provisions, or
    b. The customer has the right to terminate the contract from the day on which the price increase takes effect
  5. The prices mentioned in the offer of products or services are inclusive of VAT.

 

Article 10 – Conformity and guarantee

  1. The company guarantees that the products and/or services meet the agreement, the specifications stated in the offer, reasonable standards of reliability and/or usability, and the legal stipulations and/or government regulations existing on the date of the agreement. If so agreed, the company also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the company, manufacturer or importer does not detract from the customer’s legal rights against the company under the agreement.

Article 11 – Delivery and performance

  1. The company will take the greatest possible care when receiving and executing orders for products and assessing requests for the provision of services.
  2. The place of delivery shall be the address which the customer has made known to the company.
  3. Subject to article 4 of these general conditions, the company will deliver orders within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be carried out in full, the customer will be informed of this within 30 days of placing the order, in which case they may dissolve the agreement free of charge and may be entitled to compensation.
  4. If the customer dissolves the agreement in accordance with the previous paragraph, the company shall refund their payment as soon as possible, and within 30 days of the agreement being dissolved.
  5. If the company is unable to supply a product, it will make every effort to provide a replacement and clearly state this at or before the time of delivery. It may not exclude the right of withdrawal for replacement articles, and will pay the costs of any return shipment.
  6. The risk of damage and/or loss of products rests with the company until they are delivered to the customer or a representative notified in advance to the company, unless explicitly agreed otherwise.

 

Article 12 – Long-term transactions: duration, termination and renewal

Termination

  1. The customer may terminate an open-ended contract for the regular supply of products (including electricity) or services at any time subject to the agreed termination rules and at least one month’s notice.
  2. The customer may terminate a fixed-term contract for the regular supply of products (including electricity) or services at any time after the fixed term, subject to the agreed termination rules and at least one month’s notice.
  3. The customer may terminate the contracts referred to in the previous paragraphs

– At any time, rather than at a specific time or during a specific period

– In the same way that it entered into them, or otherwise

– Subject to the same notice period as the company

Renewal

  1. A fixed-term contract for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
  2. However, a fixed-term contract for the regular supply of daily and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, provided the customer can terminate this renewed contract at the end of the renewal subject to a notice period not exceeding one month.
  3. A fixed-term contract for the regular supply of products or services may be tacitly renewed for an indefinite period, provided that the customer may terminate it at any time subject to one month’s notice, with a maximum of three months’ notice in the case of contracts for the regular supply of newspapers, magazines and other periodicals, but less than once a month.
  4. Fixed-term trial subscriptions for the regular supply of newspapers and other periodicals for information purposes may not be tacitly renewed at the end of the trial period.

Duration

8. If a contract has a duration of more than one year, the customer may terminate it at any time after the end of the first year, subject to at least one month’s notice, unless reasonableness and fairness dictate otherwise.

Article 13 – Payment

  1. Unless otherwise agreed, the amounts owed by the customer must be paid within 14 days of the beginning of the cooling-off period referred to in article 6 paragraph 1. In the case of an agreement to provide a service, this period shall commence after the customer has received confirmation of the agreement.
  2. When selling products to customers, general conditions may not stipulate an advance payment of more than 50%. If an advance payment has been agreed, the customer will not acquire any rights regarding the execution of the order or service(s) until it has made this payment.
  3. The customer will report any inaccuracies in the payment details provided to the company without delay.
  4. If the customer fails to make a payment, the company may, subject to legal restrictions, charge them reasonable costs notified in advance.

 

Article 14 – Complaints procedure

  1. The company has a sufficiently publicized complaints procedure.
  2. Complaints about the execution of the agreement must be submitted to the company within a reasonable time after the customer finds the defects, which must be fully and clearly described.
  3. Complaints will be answered within 14 days of receipt. If the company expects a complaint to take longer to process, it will issue an acknowledgment of receipt within 14 days, stating when the customer can expect a more detailed answer.
  4. If the complaint cannot be resolved amicably, it will be subject to the dispute resolution procedure

 

Article 15 – Disputes

  1. Agreements between the company and the customer to which these general conditions apply are governed exclusively by Dutch law.

 

Article 16 – Additional or different stipulations

Additional provisions deviating from these general conditions may not be to the customer’s detriment, and must be recorded in writing or in such a way that the customer can access them on a durable data storage medium.

 

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