Table of contents:
- Article 1 – Definitions
- Article 2 – Identity of the entrepreneur
- Article 3 – Scope of application
- Article 4 – The offer
- Article 5 – The agreement
- Article 6 – Right of withdrawal
- Article 7 – Costs regarding the right of withdrawal
- Article 8 – Exclusion of the right of withdrawal
- Article 9 – The price
- Article 10 – Performance and warranty
- Article 11 – Delivery and execution
- Article 12 – Payment
- Article 13 – Complaints procedure
- Article 14 – Disputes
- Article 15 – Concluding provisions
Article 1 – Definitions
In these conditions, the following definitions shall apply:
- Additional agreement: an agreement whereby the consumer acquires products in connection with a distance agreement and these products are provided by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
- Cooling-off period: the period during which the consumer can use his right of withdrawal;
- Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
- Day: calendar day;
- Distance agreement: an agreement between the entrepreneur and the consumer where in the context of an organized system for distance selling of products – until the conclusion of the agreement – exclusively use is made of one or more means of distance communication;
- Durable medium: any device – including e-mail – that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that future consultation or use for a period of time adequate for the purposes of the information is intended, and which allows the unchanged reproduction of the information stored;
- Entrepreneur: the private company with limited liability United Brands B.V., whose identity is included in article 2 of these conditions, which offers products by means of distance selling through its website to consumers;
- Means of distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being in the same space simultaneously;
- Model withdrawal form: the model withdrawal form which is made available to the consumer by the entrepreneur and can be used by the consumer to exercise his right of withdrawal;
- Right of withdrawal: the ability of the consumer to opt out of the agreement within the cooling-off period.
Article 2 – Identity of the entrepreneur
Business name: United Brands B.V.
5248 NL Rosmalen
Telephone number: +31 (0)73 820 03 87
Access: From Monday – Friday from 09.00 hours till 17.00 hours CEST (local rate)
E-mail address: email@example.com
Chamber of Commerce-number: 59338997
VAT- identification number: NL853429777B01
Article 3 – Scope of application
- These conditions apply to all offers of the entrepreneur and on any distance agreement concluded between the entrepreneur and a consumer.
- Before the distance agreement is concluded, the text of these conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur shall point out that, before the distance agreement is concluded, the conditions can be inspected at the entrepreneur’s premises and at the first request of the consumer will be sent as quickly as possible free of charge.
- If the distance agreement is concluded electronically, then by way of derogation from the previous paragraph, and before the distance agreement is concluded, the text of these conditions will be made available to the consumer electronically in such a way that they can easily be stored on a durable medium. If this is not reasonably possible, indicated shall be where the conditions – before the distance agreement is concluded – can be inspected by electronic means and that they will be made available at the consumer’s first request by electronic means or otherwise will be sent free of charge.
- If in addition to these conditions specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and the consumer shall in the event of conflicting conditions, always rely on the applicable provision that is most favourable to him.
- Situations which are not stipulated in these conditions, shall be assessed ‘in the spirit’ of these conditions.
Article 4 – The offer
- If an offer is subject to a limited duration or subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the offered products. The description is sufficiently detailed in order to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses pictures, these are a true reflection of the offered products. The entrepreneur cannot guarantee that the colours of the products as displayed on the website, exactly resemble the real colours of the products.
- Obvious errors or mistakes in the offer do not bind the entrepreneur.
- Every offer contains such information that it is clear to the consumer what rights and obligations are involved in accepting the offer.
Article 5 – The agreement
- Subject to the provisions of paragraph 4, the agreement is concluded when the consumer accepts the offer and complies with the corresponding conditions.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may 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.
- The entrepreneur may – within the statutory frameworks – inform about the consumer’s ability to fulfil his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance agreement. If the entrepreneur has good reasons not to conclude the agreement on the basis of this research, the entrepreneur is entitled to refuse an order or request or connect special conditions to the execution.
- The entrepreneur shall send to the consumer the following information at latest upon delivery of the product, in writing or in such a way that the consumer can store it on an accessible durable medium:
- the address of the entrepreneur’s business where the consumer can lodge complaints;
- the conditions under which and how the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information on existing after-sales service and warranties;
- the price including all taxes of the product; where applicable the costs of delivery; and the arrangements for payment, delivery or performance of the distance agreement;
- if the consumer has a right of withdrawal, the model withdrawal form.
Article 6 – Right of withdrawal
- For the purchase of products, the consumer has the right to dissolve the agreement during a cooling-off period of 14 days without giving any reason. The entrepreneur may ask the consumer for the reason of termination, but the consumer is not obligated to state such reason(s).
- The aforementioned cooling-off period starts on the day after the consumer, or an upfront designated third party other than the carrier, has received the product, or:
- if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the final product. The entrepreneur may refuse an order of several products with different delivery times, provided that the entrepreneur informed the consumer prior to the ordering process about this;
- if the supply of a product consists of several consignments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or piece.
- During the cooling off period the consumer shall handle the product and its packaging with care. He will unpack or use the product only to the extent necessary to assess if he wishes to obtain the product. The starting point is that the consumer should only handle and inspect the product as he would do in a store. If the consumer uses his right of withdrawal, he will send the product with accessories if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The consumer shall only be held liable for the devaluation of the product that is the result of a way of using the product that goes beyond as allowed in paragraph 3 of this article.
- If the consumer wishes to use his right of withdrawal, he is obligated to notify the entrepreneur within the cooling-off period. If the consumer exercises his right of withdrawal, he reports this to the entrepreneur within the cooling-off period using the standard withdrawal form or in an unambiguously other way. As fast as possible, but within 14 days from the day following the notification, the consumer shall return the product. The consumer has taken into account the return term in each case if he returns the product before the withdrawal period has expired.
- The consumer has the burden of proof that the delivered products are send returned time, for example by means of proof of dispatch. The consumer bears the risk for using his right of withdrawal correctly and on time.
- If the consumers exercises his right of withdrawal, all additional agreements are dissolved by operation of law.
Article 7 – Costs regarding the right of withdrawal
- If the consumer exercises his right of withdrawal, he shall bear no more than the costs regarding the return. If the consumer chooses a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not obligated to compensate for the extra costs as a result of the more expensive delivery method.
- The entrepreneur shall refund all payments from the consumer, including any delivery charges (returning complete delivery) for the returned product without delay, but within 14 days following the day on which the consumer reported to use his right of withdrawal. The entrepreneur may hold the refund until the entrepreneur has received the product or the consumer has provided conclusive proof of complete return, whichever situation occurs first.
- If the entrepreneur enables receipt of the notification of withdrawal by the consumer electronically, the entrepreneur sends an acknowledgement of receipt of this notification without delay. As long as this notification of acknowledgement has not been received by the consumer he can dissolve the agreement.
- The entrepreneur shall use the same method of payment for refunds as used by the consumer, unless the consumer consents to another method. The repayment is free of charge for the consumer.
Article 8 – Exclusion of the right of withdrawal
- The entrepreneur can exclude the right of withdrawal of the consumer for products as described in paragraph 2. The exclusion of the right of withdrawal shall only be valid if the entrepreneur has stated such clearly in the offer, or at least made notification before conclusion of the agreement.
- Exclusion of the right of withdrawal shall only be possible for the following products, according to the consumer’s specifications manufactured products, which are not prefabricated and that are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
Article 9 – The price
- During the period indicated in the offer, prices of the products are not increased, except for price changes due to changes in VAT rates.
- By way of derogation from the previous paragraph, the entrepreneur may offer products with variable prices for products whose prices are subject to fluctuations in the financial market and over which prices the entrepreneur has no control. These fluctuations conditions and the fact that any stated price for such products is a guide price, are indicated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or stipulations.
- Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated such and:
- they are the result of statutory regulations or provisions; or
- the consumer is entitled to dissolve the agreement on the day on which the price increase takes effect.
- The prices indicated in the offer of products include VAT.
- All prices are subject to misprints or typesetting errors. The entrepreneur does not accept any liability for misprints or typesetting errors. In case of misprints or typesetting errors the entrepreneur is not obligated to deliver the product for the incorrect price.
Article 10 – Performance and warranty
- The entrepreneur warrants that the products are in conformity with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and/or legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also warrants that the product is suitable for other than normal use.
- An extra warranty issued by the entrepreneur, his supplier, manufacturer or importer does not limit the consumers’ legal rights and claims under the agreement against the entrepreneur, if the entrepreneur has failed to perform its obligations pursuant to the agreement.
- Extra warranty shall mean any undertaking by the entrepreneur, its supplier, importer or producer in which it assigns to the consumer certain rights or claims that exceed what is required by law in case the entrepreneur fails to perform its obligations of the agreement.
- Possible defects or wrongfully delivered products shall be notified in writing to the entrepreneur without delay. Return of the products shall– in so far as reasonably possible – be performed with the original packaging and in a new condition.
- The right to invoke a warranty by the consumer is excluded if:
- he has repaired or modified the delivered products or has had a third party repair or modify the delivered product;
- the delivered products are exposed to abnormal conditions or treated negligently or treated in breach of the instructions of the entrepreneur and/or its packaging;
- the defects are partially or completely the result of (future) orders by the government regarding the nature or the quality of the applied materials.
Article 11 – Delivery and execution
- The entrepreneur will take the greatest possible care when receiving and implementing orders for products.
- The place of delivery is the address the consumer provided to the entrepreneur.
- Subject to the relevant stipulations of article 4 of these conditions, the entrepreneur shall execute accepted orders promptly or at least within 30 days, unless the consumer agreed to a longer delivery period. If delivery is delayed, or if an order is not or only partially carried out, the consumer is notified of this no later than 30 days after the order was placed. In such case the consumer has the right to dissolve the agreement without incurring costs and the right to possible compensation.
- After termination in accordance with the previous paragraph, the entrepreneur will refund the consumer with the sum paid without delay.
- The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or an upfront appointed representative of which the entrepreneur has been notified, unless otherwise expressly agreed.
- Delivery of the products takes place as long as the stocks last.
Article 12 – Payment
- Unless otherwise provided in the agreement or additional terms, amounts owed by the consumer are to be paid within 14 days after the beginning of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement.
- The consumer is obliged to report without delay to the entrepreneur provided or stated inaccuracies in payment data.
- If the consumer does not fulfil his payment obligation(s), he owes, after this failure has been notified to him by the entrepreneur and the entrepreneur has awarded the consumer a period of 14 days to fulfil his payment obligations and the consumer fails to pay within this 14-day-term, the statutory interest on the outstanding amount and the entrepreneur is entitled to the extrajudicial collection costs. These collection costs shall not exceed the following levels: 15% on outstanding amounts to EUR 2,500.-; 10% over the subsequent EUR 2,500.- and 5% on the following EUR 5,000.- with a minimum of EUR 40.-.
Article 13 – Complaints procedure
- The entrepreneur has a well-publicized complaints procedure and deals with the complaint in accordance with this complaints procedure.
- Complaints about the performance of the agreement should fully and clearly be described and submitted to the entrepreneur within 7 days after the consumer has found the defects.
- Complaints filed with the entrepreneur shall be answered within a period of 14 days after the date of receipt. If a complaint demands a foreseeable longer processing time, the entrepreneur shall reply with a message of receipt and an indication when the consumer can expect a more detailed answer within the period of 14 days.
- A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur states otherwise in writing.
- If a complaint is accepted by the entrepreneur, the entrepreneur shall at its own choice replace the product or repair the product free of charge.
Article 14 – Disputes
- All agreements between the entrepreneur and the consumer to which these conditions relate shall be governed by Dutch law.
- All disputes between the entrepreneur and the consumer shall be exclusively submitted to the court of “’s-Hertogenbosch”, subject to mandatory law.
Article 15 – Concluding provisions
- Additional stipulations or stipulations that differ from these conditions, may not be detrimental to the consumer and should be recorded in writing, or in such a way that consumers can store them in an accessible manner on a durable medium.
- If any provision of these conditions appears to be void or is avoided in court, it will not affect the validity of the remaining conditions. In that case the entrepreneur will be entitled to replace that provision with a provision that approaches the intent of the original as much as possible without being subject to any possible voidance or avoidance.
- The Dutch version of these conditions will prevail if there is a textual difference of meaning between the different language versions.