Table of Contents
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 - Right of Withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 - The Price
Article 10 – Conformity and warranty
Article 11 – Delivery and Performance
Article 12 - Term Transactions: Duration, Termination, and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 - Disputes
Article 16 - Additional or Deviating Provisions
Article 1 – Definitions
In these terms and conditions, the following shall be understood to mean:
1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal; Read all about the cooling-off period.
2. Consumer: the natural person who does not act in the exercise of a profession or business and concludes a distance contract with the entrepreneur;
3. Day: calendar day;
4. Long-term transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
5. Durable data carrier: any medium that enables the consumer or entrepreneur to store information personally addressed to them, in such a way that future consultation and unchanged reproduction of the stored information is possible.
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
7. Model withdrawal form: the model withdrawal form that the entrepreneur makes available, which a consumer can fill in when they wish to exercise their right of withdrawal.
8. Entrepreneur: the natural person or legal entity offering products and/or services to consumers remotely;
9. Distance contract: a contract concluded within an organized system for distance sales of products and/or services established by the entrepreneur, using exclusively one or more distance communication techniques up to and including the conclusion of the contract;
10. Distance communication technique: means that can be used to conclude an agreement without the consumer and the trader being present in the same space simultaneously.
Article 2 – Identity of the entrepreneur
Stichting Glasrijk Tubbergen
Hardenbergerweg 64
7651 LM Tubbergen
Netherlands
E info@glasrijk.nl
KVK 41032456
Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the company and will be sent to the consumer free of charge as soon as possible at their request.
3. If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise upon request of the consumer.
4. In the event that, in addition to these general terms and conditions, specific product or service terms also apply, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to them.
5. If one or more provisions of these general terms and conditions are or become entirely or partially void or are annulled at any time, the agreement and these terms and conditions shall remain in force for the remainder, and the relevant provision shall be replaced immediately through mutual consultation by a provision that approximates the intention of the original as much as possible.
Situations not covered by these General Terms and Conditions shall be assessed ‘in the spirit’ of these General Terms and Conditions.
7. Ambiguities regarding the explanation or content of one or more provisions of our terms and conditions shall be interpreted ‘in the spirit’ of these general terms and conditions.
Article 4 – The Offer
1. If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
3. The offer contains a full and accurate description of the products and/or services offered. The
The description is sufficiently detailed to allow consumers to make a well-informed assessment of the offer. If the entrepreneur uses images, they shall be a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
4. All images and specifications provided in the offer are for illustrative purposes only and cannot be grounds for compensation or termination of the agreement.
5. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
6. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This particularly concerns:
- the price includes taxes;
the potential shipping costs; - the way in which the agreement will be concluded and what actions are necessary for that;
- the applicability or non-applicability of the right of withdrawal;
- the method of payment, delivery, and performance of the agreement;
- the deadline for acceptance of the offer, or the period within which the entrepreneur the price
- guarantees;
- the level of the fee for remote communication if the costs of using the remote communication technique are calculated on a basis other than the regular basic rate for the communication method used;
- or if the agreement will be archived after it has been concluded, and if so, where it can be consulted by the consumer;
- the manner in which the consumer can check and, if necessary, correct the data provided by him in the context of the agreement before concluding the agreement;
- the other languages, in addition to Dutch, in which the agreement may be concluded;
- the codes of conduct to which the entrepreneur has subscribed and the manner in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the case of a continuous transaction.
Article 5 – The Agreement
1. The agreement shall be concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and fulfillment of the conditions attached thereto.
2. If the consumer has accepted the offer electronically, the entrepreneur shall confirm the receipt of the acceptance of the offer electronically without delay. As long as the entrepreneur has not confirmed the agreement of this acceptance, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures to that end.
4. The entrepreneur may - within legal frameworks - ascertain whether the consumer can meet his payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to conclude the contract, he is entitled to refuse an order or request with reasons or to attach special conditions to its execution.
5. The entrepreneur shall provide the consumer with the following information, in writing or in such a way that it can be accessed by the consumer in an accessible manner and stored on a durable medium: the visiting address of the entrepreneur's establishment where the consumer can go with complaints; the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal; the information about warranties and existing after-sales service; the data included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement; the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. In the case of a continuous supply, the provision in the preceding paragraph applies only to the first supply.
7. Every agreement is entered into subject to the suspensive condition of sufficient availability of the products in question.
Article 6 - Right of Withdrawal
Upon delivery of products:
1. When purchasing products, the consumer has the option to cancel the agreement without giving a reason for 14 days. This reflection period begins on the day after the consumer or a representative previously designated by the consumer and made known to the entrepreneur receives the product.
2. During the cooling-off period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product with all supplied accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. When the consumer wishes to exercise their right of withdrawal, they are obligated to inform the entrepreneur within 14 days of receiving the product. The consumer must inform the entrepreneur using the model form or through another means of communication, such as by email. After the consumer has indicated their intention to exercise their 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 proof of shipment.
4. If the customer has not indicated after the expiry of the periods mentioned in paragraphs 2 and 3 that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the sale is final.
Upon delivery of services:
1. When services are delivered, the consumer has the right to cancel the agreement without giving a reason for at least 14 days, starting from the day the agreement was made.
2. To exercise his right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the trader with the offer and/or at the latest upon delivery.
Article 7 Costs in case of revocation
1. If the consumer exercises their right of withdrawal, at most the costs of return shall be borne by them.
If the consumer has paid an amount, the seller will refund this amount as soon as possible, but no later than 14 days after revocation. This is conditional on the product already having been returned to the online retailer or valid proof of complete return being provided. Refunds will be made using the same payment method that was used by the consumer, unless the consumer explicitly agrees to a different payment method.
3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation in value of the product.
4. The consumer cannot be held liable for a reduction in the value of the product if the seller has not provided all legally required information about the right of withdrawal.
Article 8 – Exclusion of the right of withdrawal
1. The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal shall only apply if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products: made by the entrepreneur according to consumer specifications; that are clearly personal in nature; which by their nature cannot be returned; which can spoil or age quickly; whose price is linked to fluctuations on the financial market over 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.
3. The right of withdrawal may only be excluded for: accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period; services which, with the express consent of the consumer, have been commenced before the expiry of the cooling-off period; betting and lottery services.
Article 9 - The Price
1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the preceding paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence at variable prices. This dependence on fluctuations and the fact that any stated prices are indicative prices,
are listed in the offer.
3. Price increases within 3 months of the agreement's formation are only permitted if they are the result of legal regulations or provisions.
4. Price increases starting 3 months after the agreement is concluded are only permitted if the entrepreneur has stipulated this and: these are the result of statutory regulations or provisions; or the consumer has the right to terminate the agreement as of the day the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing or typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the agreement's formation. If agreed upon, the entrepreneur also guarantees that the product is suitable for uses other than normal use.
2. A guarantee 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 agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of delivery. Products must be returned in their original packaging and in new condition.
4. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur shall never be liable 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.
5. The warranty does not apply if: the consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties; the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the entrepreneur and/or have been handled according to the packaging;
The inadequacy is wholly or partly a consequence of regulations that the government has imposed or will impose concerning the nature or quality of the materials used.
Article 11 – Delivery and Performance
1. The entrepreneur shall exercise the utmost care in receiving and executing product orders and in assessing requests for services.
2. The place of delivery shall be the address that the consumer has made known to the company.
3. Subject to the provisions in paragraph 4 of this article, the company shall execute accepted orders with due diligence, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer shall be notified thereof no later than 30 days after placing the order. In that case, the consumer has the right to cancel the agreement free of charge. The consumer is not entitled to any compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any mentioned deadlines. Exceeding a deadline does not entitle the consumer to compensation for damages.
5. In case of dissolution pursuant to paragraph 3 of this article, the contractor shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the seller will endeavor to provide a replacement item. At the latest upon delivery, it shall be clearly and comprehensibly communicated that a replacement item is being delivered. The right of withdrawal may not be excluded for replacement items. The costs of any return shipment shall be borne by the seller.
7. The risk of damage to and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance by the consumer and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Term Transactions: Duration, Termination, and Renewal
Termination
The consumer can always terminate an agreement entered into for an indefinite period that is intended for the regular delivery of products (including electricity) or services, subject to the agreed termination rules and a notice period of at most one month.
2. The consumer may terminate an agreement for a fixed period that provides for the regular delivery of products (including electricity) or services at any time by giving notice at the end of the fixed term, observing agreed-upon termination rules and a notice period of no more than one month.
3. The consumer may terminate the agreements mentioned in the previous paragraphs: at any time and not be limited to termination at a specific time or during a specific period; at least terminate in the same manner as they were entered into by the consumer; always terminate with the same notice period as the entrepreneur has stipulated for themselves.
Extension
1. An agreement entered into for a fixed term and which aims at the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a fixed term.
2. Notwithstanding the previous paragraph, an agreement for a fixed term that concerns the regular delivery of daily, news, and weekly papers and magazines may be tacitly extended for a fixed term of a maximum of three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
3. An agreement entered into for a fixed term and intended for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and a notice period of no more than three months if the agreement is for the regular delivery, but less than once a month, of daily, weekly, and monthly newspapers and periodicals.
4. An agreement for a limited duration for the regular delivery of newspapers, newsmagazines, and magazines for trial or introductory purposes (trial or introductory subscription) will not be tacitly renewed and will automatically terminate upon expiration of the trial or introductory period.
Duration
1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of at most one month, unless
Article 13 – Payment
1. Unless otherwise agreed, amounts owed by the consumer shall be paid within 7 working days after the commencement of the cooling-off period referred to in Article 6(1). In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer has the obligation to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
3. In the event of default by the consumer, the entrepreneur, subject to statutory limitations, has the right to charge reasonable costs previously communicated to the consumer.
Article 14 – Complaints Procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints regarding the execution of the agreement must be submitted to the entrepreneur in full and clearly described within 2 months after the consumer has identified the defects.
3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall respond within the 14-day period with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved through mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
5. In case of complaints, a consumer must first approach the entrepreneur. It is also possible to report complaints via the European ODR platform (http://ec.europa.eu/odr). The web store is not currently affiliated with a recognized quality mark with a dispute committee.
A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be well-founded by the company, the company will, at its discretion, either replace or repair the delivered products free of charge.
Article 15 - Disputes
1. Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. This also applies if the consumer resides abroad.
The Vienna Sales Convention does not apply.
Article 16 - Additional or Deviating Provisions
Supplementary provisions or provisions deviating from these general terms and conditions may not be to the disadvantage of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.