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 - Obligations of the consumer during the reflection period
Article 8 - Exercise of the right of withdrawal by the consumer and the costs thereof
Article 9 - Obligations of the entrepreneur in the event of withdrawal
Article 10 - Exclusion from the right of withdrawal
Article 11 - The price
Article 12 - Fulfilment and additional warranty
Article 13 - Delivery and performance
Article 14 - Continuing performance contract: duration, termination and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or divergent terms
Article 1 — Definitions
The following definitions apply in these General Terms and Conditions:
Additional agreement: an agreement through which the consumer acquires products, electronic content and/or services in connection with a distance contract and these items, electronic content and/or services are delivered by the supplier, or by a third party according to an agreement between the third party and the entrepreneur;
Reflection period: the period within which a consumer has the right of withdrawal;
Consumer: the natural person who does not act according to goals that are connected to their trading activities, line of business, handicraft or profession
Day: calendar day;
Electronic content: information in electronic form that is produced and supplied;
Continuing performance contract: an agreement that relates to the regular delivery of items, services and/or electronic content for a defined period;
Durable medium: any aid – including e-mail – that allows the consumer or entrepreneur to store information provided to them and to consult or use it in the future for a period that has been aligned with the objective for which the information is intended, and that makes faithful reproduction of the stored information possible;
Right of withdrawal: the right of the consumer to cancel the distance contract during the reflection period;
Entrepreneur: the natural person or legal entity that offers consumers products, electronic content and/or access thereto and/or services remotely;
Distance contract: any agreement concluded between the entrepreneur and the consumer in connection with an organised system for remotely selling products, electronic content and/or services, which makes exclusive or partial use of one or more means of distance communication up to and including the moment at which the contract is concluded;
Standard withdrawal form: the European standard withdrawal form included as Appendix I of these General Terms and Conditions;
Means of distance communication: any means which, without the simultaneous physical presence in the same location of the supplier and the consumer, may be used for the conclusion of a contract between those parties.
Article 2 - Identity of the entrepreneur
Bhbeugels.nl
[first line of address]
9363 JT
Marum
[email protected]
02071482
NL76RABO0385775253
In the event that the entrepreneur's operations are subject to a relevant licensing system: the
information on the supervisory authority.
In the event that the entrepreneur practices a regulated profession:
the professional association or organisation with which they are associated;
the occupational title, the location in the EU or the European Economic Area where it is recognised;
a reference to the rules of professional practice applicable in the Netherlands and information on where and how these rules can be accessed.
Article 3 - Applicability
These General Terms and Conditions apply to all offers of the entrepreneur and to all distance contracts entered into between the entrepreneur and the consumer.
The text of the General Terms and Conditions is provided to the consumer prior to entering into the distance contract. If this is not reasonably possible, the entrepreneur will state prior to entering into the distance contract that the General Terms and Conditions can be consulted through the entrepreneur and that they will be sent to the consumer as soon as possible at their request and free of charge.
In derogation from the previous paragraph, if the distance contract is entered into electronically, the text of these General Terms and Conditions can be provided to the consumer electronically prior to entry into the distance contract in such a way as to enable the consumer to store it easily on a durable medium. If this is not reasonably possible, it will be stated, prior to entering into the distance contract, where the General Terms and Conditions can be consulted electronically and that these will be sent to the consumer electronically or otherwise as soon as possible at their request and free of charge.
In the event that, in addition to these General Terms and Conditions, there are also specific product or service-related terms and conditions in effect, the second and third paragraphs apply mutatis mutandis and, should there be conflicting provisions in place, the consumer may invoke those provisions that are for them the most advantageous.
Article 4 - The offer
If an offer is made with a limited validity or under certain conditions, this will be expressly stated in the offer.
The offer contains a complete and accurate description of the offered products, electronic content and/or services. The description is sufficiently detailed such that the consumer is able to properly assess the offer. If the entrepreneur wishes to use images, these will be a true-to-life representation of the offered products, services and/or electronic content. Obvious errors or omissions in the offer shall not be binding to the entrepreneur.
Every offer shall include sufficient information to make it clear to the consumer the rights and obligations that are attached to the acceptance of the offer.
Article 5 - The agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the moment that the consumer accepts the offer and the associated conditions are met.
If the consumer has accepted the offer by electronic means, the entrepreneur will immediately confirm by electronic means receipt of the acceptance of the offer. As long as the acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement has been concluded electronically, the entrepreneur will ensure that appropriate technological and organisational measures are in place to secure the electronic transfer of data, as well as a secure web environment. If the consumer can pay electronically, the entrepreneur will observe the appropriate security measures.
The entrepreneur can, within the confines of the law, investigate the extent to which the consumer is able to comply with their payment obligations, as well as the facts and factors important to the responsible entry into a distance contract. If, based on this investigation, the entrepreneur has grounds to refuse to conclude the contract, they are entitled to refuse to honour an order or request, or to attach special conditions thereto.
By no later than delivery of the product, service or electronic content, the entrepreneur will provide the consumer with the following information, in writing or in such a way as to be easily stored by the consumer on a durable medium:
the street address of the location of the entrepreneur to which the consumer may turn with complaints;
the terms and conditions of the consumer’s right of withdrawal and the method by which the consumer can enforce that right or a clear statement as to the exclusion of the right of withdrawal;
the information regarding warranties and existing service following purchase;
the price, including all taxes applicable to the product, service or electronic content;
where applicable the cost of delivery;
and the method of payment, delivery or performance of the distance contract;
the terms of terminating the contract, in the event that the contract has a duration of more than one year or is for an indefinite period;
if the consumer has the right of withdrawal, the standard withdrawal form.
In the event that there is a continuing performance contract in place, the provisions of the previous paragraph only apply to the first delivery.
Article 6 - Right of withdrawal
Regarding products:
The consumer may dissolve an agreement regarding the purchase of a product within a reflection period of a minimum of 14 days without being required to give reasons. The entrepreneur may enquire into the consumer’s reasons for withdrawal, but the consumer is not required to provide any.
The reflection period stated in paragraph 1 commences on the day following receipt of the product by the consumer, or by a third party designated in advance by the consumer, or:
if the consumer has ordered multiple products in a single order, the day on which the consumer, or by a third party designated by the consumer, receives the final product. If the consumer has clearly informed the entrepreneur thereof in advance of the order process, the entrepreneur may refuse to accept orders of multiple products with different delivery times;
if the delivery of a product consists of different shipments of components: the day on which the consumer, or a third party designated by the consumer, receives the final shipment or the final component;
concerning agreements for the regular delivery of products for a certain period: the day on which the consumer, or a third party designated by the consumer, receives the first product.
Regarding services and electronic content that is not delivered on a physical medium:
The consumer can dissolve a service agreement and an agreement for the delivery of electronic content that is not delivered on a physical medium within a minimum of 14 days without being required to give reasons. The entrepreneur may enquire into the consumer's reasons for withdrawal, but the consumer is not required to provide any.
The reflection period stated in paragraph 3 commences on the day that follows conclusion of the agreement.
Extended reflection period for products, services and electronic content that are not delivered on a physical medium in the absence of information on the right of withdrawal:
If the entrepreneur did not provide the consumer with the legally required information on the right of withdrawal, or the standard withdrawal form has not been issued, the reflection period will end 12 months after the end of the original reflection period, in conformance with the reflection period stated in the previous paragraphs of this article.
If the entrepreneur provides the consumer with the information described in the previous paragraph within 12 months after the commencement date of the original reflection period, the reflection period will end 14 days after the day on which the consumer receives said information.
Article 7 - Obligations of the consumer during the reflection period
During the reflection period, the consumer must handle the product and packaging with care. They will unpack or use the product only to the extent needed to determine the nature, characteristics and operation of the product. The point of departure is that the consumer may only handle and inspect the product as they would in a shop.
The consumer will only be held responsible for reductions in the product's value as a result of the product being handled in a way that exceeds the provisions of paragraph 1.
The consumer cannot be held responsible for reductions in the product's value as a result of the entrepreneur failing to provide the legally required information regarding the right of withdrawal either before or during conclusion of the agreement.
Article 8 - Exercise of the right of withdrawal by the consumer and the costs thereof
If the consumer exercises their right of withdrawal, they must do so within the reflection period by using the standard withdrawal form or via different unambiguous means.
Unless the entrepreneur offers to retrieve the product themselves, the consumer must return the product, or submit it to the entrepreneur or an authorised third party, as soon as possible and at any rate within 14 days following the notification of withdrawal described in paragraph 1. The consumer will have at any rate complied with the return period if they return the product within the reflection period.
The consumer must return the product together with all items included with it and as far as is reasonably possible in its original state and packaging, as well as in conformance with the reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof that the right of withdrawal was exercised correctly and in time lie with the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer is to bear these costs, or if the entrepreneur has elected to bear the costs themselves, the consumer will not be required to bear the costs of returning the product.
If during the reflection period, the consumer withdraws after first having expressly requested to receive the service or the delivery of gas, water or electricity that has not been made ready for sale in a limited volume or certain amount, then the consumer shall owe the entrepreneur an amount equal to that portion of the agreement honoured by the entrepreneur at the moment of withdrawal.
The consumer will not bear the costs of services or the delivery of water, gas or electricity that has not been made ready for sale in a limited volume or certain amount, or for the delivery of district heating, if:
the entrepreneur did not provide the consumer with the legally required information on the right of withdrawal, the remuneration of costs in the event of withdrawal, or the standard withdrawal form; or
the consumer did not request that the service begin, or the gas, water, electricity or district heating be delivered, during the reflection period.
The consumer will not bear the costs for the full or partial delivery of electronic content not stored on a physical medium, if:
in advance of delivery they did not expressly agree to the commencement of the fulfilment of the agreement before the end of the reflection period;
they did not agree to waive their right of withdrawal by providing their authorisation; or
the entrepreneur has failed to confirm the consumer's declaration.
If the consumer exercises their right of withdrawal, all supplemental agreements are dissolved by operation of law.
Article 9 - Obligations of the entrepreneur in the event of withdrawal
If the entrepreneur makes it possible for the consumer to report their withdrawal electronically, they will immediately send a confirmation of receipt following receipt of the notification of withdrawal.
The entrepreneur immediately, but within 14 days following the day on which the notification of withdrawal is received, reimburses all payments made by the consumer, including any delivery fees charged by the entrepreneur for the returned product. Unless the entrepreneur offers to retrieve the product themselves, they may opt to delay repayment until they have received the product, or until the consumer shows that the product has been sent back, whichever eventuality occurs first.
The consumer will use the same payment method as the customer to make repayment, unless the consumer agrees to a different method. The consumer is not subject to any repayment charges.
If the consumer chose a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not required to repay the additional cost of the expensive delivery method.
Article 10 - Exclusion from the right of withdrawal
The entrepreneur may exclude the products and services below from the right of withdrawal only if the entrepreneur has clearly stated this in the offer, or at the very least before the agreement is concluded:
products or services of which the price is connected to fluctuations in the financial market over which the entrepreneur has no control and which may occur during the reflection period;
agreements concluded during a public auction. Public auction is understood to mean a sales method whereby products, electronic content and/or services are offered by the entrepreneur to the consumer who is present in person, or who is given the opportunity to be present in person, at the auction, which is presided over by an auctioneer, and whereby successful bidders are obliged to take delivery of the products, electronic content and/or services;
service agreements, following full performance of the service, but only if:
the performance is begun with the express advance consent of the consumer; and
the consumer has stated that they will waive their right of withdrawal as soon as the entrepreneur has fully performed the agreement;
package trips, as described in Article 7:500 of the Dutch Civil Code, and agreements for passenger transport;
service agreements making accommodations available, if the performance of the agreement is subject to a specific date or period and the terms of the agreement do not relate to habitation, transport of goods, car rental services or catering;
agreements relating to leisure activities, in the event that the performance of the agreement is subject to a specific date or period;
products fabricated according to the specifications of the consumer, which are not pre-fabricated and that are fabricated according to an individual choice or decision made by the consumer, or that are clearly intended for a specific person;
products that spoil quickly or that have a limited shelf life;
products sealed for reasons of health protection or hygiene and which are unsuitable for return and the seal of which is broken following delivery;
products that, due to their nature, are irrevocably mixed with other products following delivery;
alcoholic beverages of which the price is agreed upon conclusion of the agreement, but the delivery of which can only occur after 30 days and the actual value of which is connected to fluctuations in the market over which the entrepreneur has no control;
sealed audio and video recordings, and computer programs of which the seal is broken following delivery;
newspapers, magazines or journals, with the exception of subscriptions thereto;
the delivery of electronic content not provided on physical media, but only if:
the performance is begun with the express advance consent of the consumer; and
the consumer has stated that by doing so, they waive their right to withdrawal.
Article 11 - The price
For the duration of the period of validity stated in the offer, the prices for the products and/or services offered shall not be increased, except in cases of price changes pursuant to changes in VAT.
By derogation from the previous paragraph, the entrepreneur can offer products or services with variable prices in the case of products or services with prices linked to fluctuations in the financial market over which the entrepreneur has no control. If the prices are subject to fluctuation and the prices stated are indicative, this will be stated in the offer.
Price increases within three months of the agreement’s entry into force are only permitted if the increases result from legal rules or provisions.
Price increases after three months of the agreement’s entry into force are permitted only if this has been stipulated by the entrepreneur and:
a. the increases result from legal regulations or provisions; or
b. the consumer is able to cancel the agreement from the date on which the price increase comes into effect.
The prices of the products or services stated in the offer are inclusive of VAT.
Article 12 - Fulfilment and additional warranty
The entrepreneur guarantees that the products and/or services are compliant with the agreement, the specifications stated in the offer, the reasonable demands of quality and/or usability, and the relevant legal provisions and/or government regulations in effect on the date that the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than that which falls under normal use.
Additional warranty provided by the entrepreneur, their supplier, manufacturer or importer never limits the legal rights and claims that the consumer, on the grounds of the agreement, may exercise towards the entrepreneur should the entrepreneur be in default in their fulfilment of their part of the agreement.
Additional warranty is understood to mean every agreement concluded by the entrepreneur, their supplier, importer or manufacturer in which the consumer is given certain rights or claims that extend beyond the legal requirements should the entrepreneur, their supplier, importer or manufacturer be in default in their fulfilment of their part of the agreement.
Article 13 - Delivery and performance
The entrepreneur will take the greatest possible care in receiving and fulfilling orders for products and in assessing applications to extend services.
The address provided to the entrepreneur by the consumer is the place of delivery.
In accordance with the provisions of Article 4 of these General Terms and Conditions on the subject, the entrepreneur will send accepted orders with the appropriate urgency but within 30 days, unless a different delivery period has been agreed. If there is a delay in the delivery, or if only part of an order can be fulfilled, the consumer will receive a message to that effect within a period of 30 days of making the order. In that case, the consumer is entitled to dissolve the agreement free of charge and is entitled to any restitution of damages.
Following dissolution in conformance with the previous paragraph, the entrepreneur will immediately return the amount paid by the consumer.
The risk of the product becoming damaged and/or lost lies with the entrepreneur up to the moment of delivery to the consumer, or to a representative appointed and reported to the entrepreneur in advance, unless expressly agreed otherwise.
Article 14 - Continuing performance contract: duration, termination and extension
Termination:
The consumer may at any time terminate an agreement concluded for an indefinite period and which relates to the regular delivery of products (including electricity) or services with observance of the agreed rules of termination and a notice period of at most one month.
The consumer may at any time, as the end of a certain period approaches, terminate an agreement concluded for a definite period and which relates to the regular delivery of products (including electricity) or services with observance of the agreed rules of termination and a notice period of at most one month.
For the agreements stated in the previous paragraph, the consumer may:
at any time terminate the agreement unfettered by a particular time or period;
at the very least terminate the agreements in the same way as they were concluded by the consumer;
always terminate with observance of the same notice period as the entrepreneur has set for themselves.
Extension:
An agreement that has been concluded for a definite period and which relates to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
In derogation from the previous paragraph, an agreement that has been concluded for a definite period and which relates to the regular delivery of daily, news and weekly publications and magazines may be tacitly extended for a definite period of at most three months if the consumer is able to terminate the extended agreement as the end of the extended period approaches with observance of a notice period of at most one month.
An agreement that has been concluded for a definite period and which relates to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer is able to terminate the agreement at any time with observance of a notice period of at most one month. The notice period will be at most three months in the event that the agreement relates to the regular, (however, less than once monthly), delivery of daily, news and weekly publications and magazines.
An agreement that has been concluded for a limited period for the regular introductory delivery of daily, news and weekly publications and magazines (i.e. a trial or introductory subscription) will not be tacitly extended and ends automatically once the trial or introductory period has passed.
Duration:
If the agreement has a duration of more than one year, the consumer may, after one year has passed, at any time and with observance of a notice period of at most one month, terminate the agreement, unless termination before the end of the agreement's duration conflicts with the standards of reasonableness and fairness.
Article 15 - Payment
Insofar as is not otherwise set out in the agreement or supplemental terms and conditions, the amounts owed by the consumer are to be settled within 14 days following commencement of the reflection period, or if there is no reflection period, within 14 days of the conclusion of the agreement. In the case of an agreement for the provision of a service, this period will commence on the day following the consumer's confirmation that they have received the agreement.
If products are being sold to consumers, the General Terms and Conditions may never obligate the consumer to make an advance payment of more than 50%. If an advance payment has been stipulated, the consumer may not invoke any rights associated with the fulfilment of the order or service(s) concerned prior to the advance payment being made.
The consumer is obliged to notify the entrepreneur immediately of any inaccuracies in the payment details provided or communicated.
If the consumer does not fulfil their payment obligation(s) in time, after being notified of the late payment by the entrepreneur and after the entrepreneur has given the consumer a period of 14 days to fulfil their payment obligations, and if that payment is still not made within this 14-day period, the consumer will be charged the legal interest on the unpaid amount and the entrepreneur is entitled to recover from the consumer the extra-judicial collection costs they have incurred. These collections costs will amount to a maximum of: 15% of the unpaid amounts up to €2,500; 10% of the following €2,500; and 5% of the following €5,000 with a minimum of €40. The entrepreneur may deviate from the amounts and percentages stated to the consumer's advantage.
Article 16 - Complaints procedure
The entrepreneur possesses a sufficiently well-known complaints procedure and processes complaints accordingly.
Complaints on the performance of the agreement must be fully and clearly described and submitted to the entrepreneur within a reasonable time following discovery by the consumer.
Complaints submitted to the consumer will receive a response within a period of 14 days of the date of receipt. If a complaint is expected to require a longer processing period, the entrepreneur will issue within the 14-day period a message of receipt and an indication of when the consumer may expect to receive a more thorough response.
If the complaint cannot be resolved by mutual consultation within a reasonable period, or within three months following submittal of the complaint, a dispute will be deemed to exist which may fall under the dispute settlement clause.
Article 17 - Disputes
All contracts between the entrepreneur and the consumer to which these General Terms and Conditions relate shall be governed exclusively by Dutch law.
Article 18 - Additional or divergent terms
Supplemental or divergent provisions to these General Terms and Conditions may not be to the detriment of the consumer and must be recorded in writing, or in such a way as to enable the consumer to store them easily on a durable medium.
