General terms and conditions
GENERAL TERMS AND CONDITIONS FOR CONSUMERS
Article 1 - Identity of the Entrepreneur
trading under the name(s): Luijendijk Bakery
Van Weelstraat 17a
3022 ZA Rotterdam
Mail address: email@example.com
Article 2 - Definitions
In these conditions the following is understood:
1. Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Distance contract: an agreement whereby sole use is made of one or more techniques for distance communication within the framework of a system organised by the trader for the distance sale of products and/or services, up to and including the moment that the agreement is concluded;
4. Technology for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur being together in the same room at the same time;
5. Grace period: The period within which the consumer can make use of his right of withdrawal;
6. Right of withdrawal: the option for the consumer to waive the distance contract within the cooling-off period;
7. Day: calendar day;
8. Duration 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;
9. Durable data carrier: every means that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows for future consultation and unaltered reproduction of the stored information.
Article 3 - Applicability
1. These general conditions apply to any distance contract between the trader and the consumer and to any offer from the trader.
2. Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available to the Consumer. If it is not possible to make the general conditions available beforehand, the entrepreneur shall indicate, before the distance contract is concluded, that the consumer may inspect the general conditions and that they will be sent free of charge as soon as possible, at the consumer's request. Also, the text of these general conditions electronically to the consumer be made available in such a way that the consumer can easily be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in some other way.
3. In case certain product- or service conditions apply in addition to these general conditions, the second paragraph applies accordingly and the consumer can, in case of conflicting (general) conditions, always rely on the applicable provision which is the most favorable to him/her.
Article 4 - The offer
1. If an offer has a limited validity or is made under certain conditions, this will be explicitly mentioned in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true reflection of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
- the price including taxes;
- any costs of delivery;
- the way in which the contract will be concluded and what actions are necessary for that;
- whether or not the right of withdrawal is applicable;
- the method of payment, delivery or performance of the contract;
- the period for accepting the offer, or the period for adhering to the price;
- the level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate;
- if the contract is archived after its conclusion, in what way it can be consulted by the consumer;
- the way the consumer can become aware of unintentional acts before the conclusion of the contract, as well as the way he can rectify them before the contract is concluded
- any languages other than Dutch in which the contract can be concluded;
- the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the event of a contract for continuous or periodical delivery of products or services.
Article 5 - The agreement
The contract is concluded at the moment the consumer accepts the offer and fulfils the conditions stipulated, subject to that stated in paragraph 6 of this article.
2. The entrepreneur will immediately confirm receipt of electronic acceptance of the offer if the consumer has accepted the offer electronically. Until receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may rescind the contract.
3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data if the consumer has accepted the offer electronically. The entrepreneur will take appropriate safety measures if the consumer can pay electronically. In that context, the entrepreneur will ensure a secure web environment.
4. The Entrepreneur shall send the following information along with the product or service, in writing or in such a way that the Consumer can store it in an accessible manner on a long-term data carrier:
a. the postal address of the Entrepreneur's business establishment where the Consumer may lodge complaints;
b. the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear statement relating to the exclusion of the right of withdrawal;
c. the information as stated in article 4 paragraph 3 of the Entrepreneur's the data included in article 4 paragraph 3, unless the trader has already provided the consumer with these prior to concluding the contract;
d. the information on existing after-sales services and guarantees;
e. the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.
5. The provision in paragraph 4 shall only apply to the first delivery if the entrepreneur has undertaken to deliver a series of products or services;
6. Within the legal framework, the entrepreneur can inform himself about the ability of the consumer to fulfil his payment obligations, as well as about all those facts and factors which are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or request while giving reasons, or to attach special conditions to the implementation.
Article 6 - Right of withdrawal
1. The consumer can terminate an agreement related to the purchase of a product during a reflection period of 30 days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal, but he cannot oblige the consumer to state his reason(s).
2. The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, and who is not the carrier, has received the product, or:
a. if the consumer has ordered multiple products in one order: the day the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer prior to the ordering process, refuse an order for multiple products with a different delivery time.
b. if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;
c. in case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, received the first product.
In the case of services and digital content not supplied on a tangible medium:
4. The consumer can terminate a service contract and a contract for the supply of digital content not supplied on a tangible medium during 30 days without giving any reason. The trader may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give any reason(s).
5. The cooling off period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.
Article 7 - Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, he shall pay no more than the costs of returning the goods.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.
Article 8 - Obligations of the consumer during the reflection period
During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
2. The consumer is only liable for decrease in value of the product which is the result of a way of handling the product that goes beyond what is allowed in paragraph 1.
Article 9 - Obligations of the entrepreneur in case of withdrawal
If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he will send an acknowledgement of receipt of this notification without delay.
2. The trader shall reimburse all payments made by the consumer, excluding delivery or return costs, without delay but within 30 days from the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer demonstrates that he has returned the product, whichever comes first.
Article 10 - Exclusion of right of withdrawal
The trader can exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract:
1. Products or services of which the price is subject to fluctuations in the financial market that are beyond the trader's control and which could occur within the withdrawal period
2. Service contracts, after completion of the service, but only if:
a. the execution has started with the consumer's explicit prior consent; and
b. the consumer has declared that he loses his right of withdrawal when the entrepreneur has completely executed the contract;
3. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of execution and other than for residential purposes, transport of goods, car rental services and catering;
4. Products made to the consumer's specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person;
5. Products that spoil quickly or have a limited shelf life;
6. Sealed products which are not suitable to be returned for reasons of health protection or hygiene and of which the seal has been broken after delivery;
7. Products that after delivery by their nature are irrevocably mixed with other products;
8. Sealed audio, video recordings and computer software of which the seal has been broken after delivery;
9. Newspapers, magazines or journals, with the exception of subscriptions to these;
10. The delivery of digital content other than on a tangible medium, but only if:
a. the execution has started with the express prior consent of the consumer; and
b. the consumer has declared that he thereby loses his right of withdrawal.
Article 11 - The price
During the validity period mentioned in the offer, the prices of the products and/or services offered are not increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, at variable prices. The offer must refer to this link with fluctuations and the fact that any prices mentioned are recommended prices.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
a. they are the result of legal regulations or stipulations; or
b. the consumer is authorized to terminate the contract on the day the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
Article 12 - Fulfilment of agreement and additional guarantee
The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded.
2. An additional guarantee provided by the Entrepreneur, its supplier, manufacturer or importer never limits the legal rights and claims that the Consumer may assert against the Entrepreneur based on the contract if the Entrepreneur has failed to fulfil his part of the contract.
Article 13 - Delivery and execution
1. The entrepreneur will take the greatest possible care in receiving and carrying out orders for products and in assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. Taking into account what is stated in article 4 of these general conditions, the entrepreneur will execute accepted orders with convenient speed but at least within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives them no later than 30 days after the order was placed. The consumer in that case has the right to terminate the contract without penalty and the right to any compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the consumer with the amount paid without delay.
5. The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a previously designated and announced representative of the entrepreneur, unless otherwise expressly agreed.
Article 14 - Continuing transactions: duration, termination and renewal
1. The consumer may contract for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, denounce the applicable termination rules and a notice not exceeding one month.
2. The consumer may contract for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term denounce the applicable termination rules and a notice not exceeding one month.
1. A contract for a definite period, which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a limited period.
2. A contract for a definite period has a maximum duration of two years.
3. A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically prolonged for an indefinite period of time if the consumer has at all times the right to terminate, with a period of notice that does not exceed one month.
Article 15 - Payment
1. Insofar not otherwise provided for in the contract or additional conditions, the amounts payable by the consumer should be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the contract. In case of an agreement for the provision of a service, this period starts on the day after the consumer has received the confirmation of the agreement.
2. When selling products to consumers, the consumer in general conditions never be required to pay more than 50% in advance. When prepayment is stipulated, the consumer cannot invoke any right regarding the implementation of the order or service(s) in question before the stipulated prepayment has been made.
3. The consumer has the duty to inaccuracies in data supplied or specified payment to report immediately to the operator.
4. If the consumer does not timely payment (s), he is, after being notified by the entrepreneur of the late payment and the entrepreneur has given the consumer a period of 14 days to meet his payment obligations, after the failure to pay within this 14-day period, the statutory interest on the amount due and the entrepreneur is entitled to charge extrajudicial collection costs.
Article 16 - Complaints procedure
1. The entrepreneur shall have a sufficiently notified complaints procedure and shall handle the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within reasonable time, fully and clearly described, after the consumer has found the defects.
3. Complaints submitted to the trader will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer time to process, the trader will reply within 14 days, confirming receipt and indicating when the consumer can expect a more elaborate reply.
Article 17 - Additional or different provisions
Additional provisions or provisions that deviate from these general conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can be stored in an accessible manner on a durable data carrier.
Please note: It is possible that, for technical reasons, incorrect prices are displayed or that it is incorrectly indicated that products are in stock. In these cases, the Entrepreneur will do everything in its power to make an appropriate offer, but no rights can be derived from the incorrect system errors, in addition to receiving a refund of the amount paid.
Annex I: Model form for withdrawal
Model form for withdrawal
(only complete and return this form if you wish to withdraw from the contract)
To: Branderij Luijendijk
Van Weelstraat 17a
3022 ZA Rotterdam
I/We* hereby give notice that I/We* withdraw our agreement regarding
sales of the following products: [product designation]*
the supply of the following digital content: [digital content designation]*
the provision of the following service: [indication of service]*,
Ordered on*/received on* [date of order for services or date of receipt for products].
Reason for revocation:
Name of consumer(s)]
[Address of consumer(s)]
[Signature of consumer(s)] (only if this form is notified on paper)
Cross out what does not apply or fill in what applies.