Article 1 - Definitions
In these terms and conditions:
- Reflection period: the period during which the consumer can exercise their right of withdrawal;
- Consumer: a natural person who is not acting in the course of a business or profession and enters into a distance contract with the entrepreneur;
- Day: a calendar day;
- Duration transaction: a distance contract involving a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
- Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information.
- Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
- Model form: the model form for withdrawal that the entrepreneur makes available for the consumer to fill out if they wish to exercise their right of withdrawal.
- Entrepreneur: a natural or legal person who offers products and/or services to consumers at a distance;
- Distance agreement: an agreement in which, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, one or more techniques for communication at a distance are used;
- Technique for distance communication: means that can be used to conclude an agreement without the consumer and entrepreneur being present in the same physical location at the same time.
- General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
"Article 2 – Identity of the Entrepreneur Bookstore Ibn Baaz B.V.
Keizersgracht 241,1016 EA Amsterdam,The Netherlands Phone number: 085-2006903 Email address: firstname.lastname@example.org Chamber of Commerce number: 63022443 VAT identification number: NL855058985B01
Article 3 – Applicability
- These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and orders between the entrepreneur and the 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, the consumer will be informed before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent free of charge upon request.
- If the distance contract is concluded electronically, the text of these general terms and conditions will be made available to the consumer electronically in a manner that allows them to be read and stored in a simple manner on a durable data carrier, before the distance contract is concluded. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded where the general terms and conditions can be viewed electronically and they will be sent free of charge upon request.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the provisions in paragraphs 2 and 3 above apply accordingly and, in the event of conflicting general terms and conditions, the consumer can always rely on the most favorable provision applicable to them.
- If any provisions in these general terms and conditions are wholly or partially invalid or annulled, the remainder of the agreement and these terms and conditions will remain in effect and the relevant provision will be replaced with a new provision that approaches the original as closely as possible.
- Situations that are not regulated in these general terms and conditions should be evaluated in the spirit of these general terms and conditions.
- Any uncertainties about the interpretation or content of one or more provisions of these terms and conditions should be resolved in the spirit of these general terms and conditions."
"Article 4 – The Offer
- If an offer has a limited period of validity or is subject to conditions, this will be stated explicitly in the offer.
- The offer is not binding. The entrepreneur reserves the right to change and modify the offer.
- The offer includes a complete and accurate description of the products and/or services being offered. The description is sufficiently detailed to allow the consumer to make a proper evaluation of the offer. If the entrepreneur uses images, they accurately represent the products and/or services being offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
- Images accompanying products are an accurate representation of the products being offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
- Each offer includes information about the rights and obligations that will be attached to the acceptance of the offer. This includes, but is not limited to: • the price including taxes; • any shipping costs; • the process for concluding the agreement and the actions required for this; • whether or not the right of withdrawal applies; • the method of payment, delivery, and performance of the agreement; • the deadline for accepting the offer, or the period during which the entrepreneur guarantees the price; • the level of the rate 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 its conclusion, and if so, how it can be accessed by the consumer; • the way in which the consumer can review and, if desired, correct the information provided by them before concluding the agreement; • any other languages in which the agreement can be concluded in addition to Dutch; • the codes of conduct to which the entrepreneur has committed, and the way in which the consumer can access these codes of conduct electronically; and • the minimum duration of the distance contract in the case of a long-term transaction."
"Article 5 – The Agreement
- The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
- If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. Until the receipt of this acceptance has been confirmed by the entrepreneur, the consumer can cancel 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 ensure a secure online environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
- Within legal limits, the entrepreneur may investigate whether the consumer can fulfill their payment obligations and any other facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request with reasons, or to attach special conditions to the implementation.
- The entrepreneur will provide the following information to the consumer in writing or in a manner that can be stored by the consumer in an accessible manner on a durable data carrier: a. the physical address of the entrepreneur's business where the consumer can go for complaints; b. the conditions and manner in which the consumer can use their right of withdrawal, or a clear statement about the exclusion of the right of withdrawal; c. information about warranties and after-sales service; d. the information listed in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement; e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
- In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
- Every agreement is subject to the condition of sufficient availability of the relevant products."
"Article 6 – Right of Withdrawal For Products:
- When purchasing products, the consumer has the option to cancel the contract within 14 days without giving any reason. This cooling-off period begins on the day after the consumer or a representative designated by the consumer and announced to the entrepreneur receives the product.
- During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine if they want to keep the product. If they exercise their right of withdrawal, they will return the product with all accessories supplied 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.
- If the consumer wishes to exercise their right of withdrawal, they must inform the entrepreneur within 14 days of receiving the product. The consumer must do this using the model form or through another means of communication, such as email. After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by providing proof of dispatch.
- If the consumer does not inform the entrepreneur after the expiration of the periods mentioned in paragraphs 2 and 3 that they wish to exercise their
"Article 7 – Costs of Withdrawal
- If the consumer exercises their right of withdrawal, they will be responsible for the cost of returning the product at most.
- 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. This is subject to the condition that the product has already been received back by the web retailer or that conclusive proof of complete return can be provided. The refund will be made using the same payment method used by the consumer, unless the consumer gives explicit permission for a different payment method.
- If the product is damaged due to careless handling by the consumer, the consumer is responsible for any reduction in value of the product.
- The consumer cannot be held responsible for the depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before the conclusion of the purchase agreement.
Article 8 – Exclusion of Right of Withdrawal
- 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 only applies if the entrepreneur clearly stated this in the offer, at least before the conclusion of the agreement.
- The right of withdrawal can be excluded for products: a. that were created by the entrepreneur based on the consumer's specifications; b. that are clearly personalized; c. that cannot be returned due to their nature; d. that can spoil or expire quickly; e. the price of which is subject to fluctuations in the financial market that the entrepreneur has no control over; f. for loose newspapers and magazines; g. for audio and video recordings and computer software of which the consumer has broken the seal; h. for hygienic products of which the consumer has broken the seal.
- The right of withdrawal can be excluded for services: a. related to accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or within
"Article 9 – Price
- During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for changes in VAT rates.
- Contrary to 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 control, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices will be stated in the offer.
- Price increases within 3 months of the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
- Price increases after 3 months from the conclusion of the agreement are only permitted if the entrepreneur has specified this and: a. they are the result of legal regulations or provisions; or b. the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.
- The prices stated in the offer for products or services include VAT.
- 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 and typesetting errors, the entrepreneur is not required to deliver the product at the incorrect price."
Article 10 – Delivery and Performance
- The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when evaluating requests for the provision of services.
- The delivery address is the address that the consumer has made known to the company.
- Subject to what is mentioned in paragraph 4 of this article, the company will execute accepted orders expeditiously, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be or can only be partially executed, the consumer will receive notification of this no later than 30 days after placing the order. In this case, the consumer has the right to dissolve the agreement without cost. The consumer is not entitled to damages.
- All delivery periods are indicative. The consumer cannot derive any rights from any mentioned periods. The exceedance of a period does not entitle the consumer to damages.
- In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
- If it appears that delivery of an ordered product is impossible, the entrepreneur will make efforts to make a replacement product available. It will be clearly and understandably indicated at the time of delivery that a replacement product is being delivered. The right of withdrawal cannot be excluded for replacement products. 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 until delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless explicitly agreed otherwise.
Article 11 – Duration of Transactions: Duration, Cancellation, and Extension
- The consumer can terminate an indefinite duration agreement for the regular delivery of products (including electricity) or services at any time, in accordance with the agreed cancellation rules and a notice period of no more than one month.
- The consumer can terminate a fixed-term agreement for the regular delivery of products (including electricity) or services at the end of the term, in accordance with the agreed cancellation rules and a notice period of no more than one month.
- The consumer can cancel the agreements in the previous paragraphs at any time, not just at a specific time or period. They can also cancel in the same way as they were entered into, and with the same notice period as the entrepreneur has stipulated for themselves.
- A fixed-term agreement for the regular delivery of products (including electricity) or services cannot be tacitly extended or renewed for a fixed term.
- In contrast to the previous paragraph, a fixed-term agreement for the regular delivery of daily news, weeklies, and magazines may be tacitly renewed for a fixed term of up to three months, if the consumer has agreed to this extension. The consumer can cancel at the end of the extension period with a notice period of no more than one month.
- A fixed-term agreement for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month. The notice period can be up to three months if the agreement covers the regular, but less than monthly, delivery of daily news, weeklies, and magazines.
- A trial or introductory subscription for the regular delivery of daily news, weeklies, and magazines, with a limited duration, does not continue tacitly and automatically ends after the trial or introductory period.
- If an agreement has a duration of more than one year, the consumer can terminate it at any time after one year with a notice period of no more than one month, unless unreasonable or unfair to do so before the end of the agreed term.
Article 12 – Payment
- Unless otherwise agreed, the consumer must pay the amounts owed within 7 working days after the cooling-off period referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this term applies after the consumer has received the confirmation of the agreement.
- The consumer must immediately report any inaccuracies in the payment details provided or stated to the entrepreneur.
- If the consumer does not pay, the entrepreneur has the right, subject to legal restrictions, to charge the consumer for reasonable costs that have been made known to them in advance.
Article 13 – Complaints Procedure
- The entrepreneur has a clearly advertised complaints procedure and handles complaints in accordance with this procedure.
- Complaints about the implementation of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months of the consumer discovering the defects.
- The entrepreneur will respond to complaints within 14 days of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an estimated time for a more detailed answer.
- If the complaint cannot be resolved through mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
- Consumers should first turn to the entrepreneur for complaints. It is also possible to file complaints through the European ODR platform (http://ec.europa.eu/odr).
- A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
- If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.
Article 14 – Disputes
- Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, regardless of the consumer's residence.
- The Vienna Sales Convention does not apply.
Article 15 – Additional or Deviating Provisions
Additional or deviating provisions from these general terms and conditions may not disadvantage the consumer and must be recorded in writing or in a way that the consumer can store them in an accessible manner on a durable data carrier.