Terms & conditions

Download general terms and conditions

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 - Obligations of the Consumer During the Withdrawal Period
Article 8 - Exercising the Right of Withdrawal by the Consumer and Associated Costs
Article 9 - Obligations of the Entrepreneur in Case of Withdrawal
Article 10 - Exclusion of the Right of Withdrawal
Article 11 - The Price
Article 12 - Performance and Additional Guarantee
Article 13 - Delivery and Execution
Article 14 - Duration Transactions: Duration, Termination, and Renewal
Article 15 - Payment
Article 16 - Complaints Procedure
Article 17 - Disputes
Article 18 - Additional or Deviating Provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

• Additional agreement: an agreement whereby the consumer acquires products, digital content, and/or services related to a distance contract, which are supplied by the entrepreneur or a third party based on an agreement between that third party and the entrepreneur;

• Withdrawal period: the period during which the consumer may exercise their right of withdrawal;

• Consumer: the natural person who does not act for purposes related to their trade, business, craft, or profession;

• Day: calendar day;

• Digital content: data produced and supplied in digital form;

• Duration contract: a contract that provides for the regular delivery of goods, services, and/or digital content for a certain period;

• Durable medium: any means - including email - that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation or use during a period appropriate to the purpose of the information, and that allows the unchanged reproduction of the stored information;

• Right of withdrawal: the consumer’s right to withdraw from the distance contract within the withdrawal period;

• Entrepreneur: the natural or legal person who offers products, (access to) digital content, and/or services remotely to consumers;

• Distance contract: a contract concluded between the entrepreneur and consumer within an organized system for the remote sale of products, digital content, and/or services, whereby one or more means of remote communication are used up to and including the conclusion of the contract;

• Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I does not need to be provided if the consumer has no right of withdrawal for their order;

• Means of remote communication: any means that can be used to conclude a contract without the consumer and entrepreneur being physically present in the same location at the same time.

Article 2 - Identity of the Entrepreneur

Joyce de Vos - Mushabu
Nijeveense Bovenboer 43 A, 7948 LE Nijeveen (return address)
info@joycedevos.nl
Chamber of Commerce number: [insert number]
VAT identification number: [insert number]

Article 3 - Applicability

These general terms and conditions apply to every offer by the entrepreneur and to every distance contract concluded between entrepreneur and consumer.

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, the entrepreneur shall, before the distance contract is concluded, indicate how the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer upon request as soon as possible.

If the distance contract is concluded electronically, the text of these general terms and conditions may deviate from the previous paragraph and be made available electronically to the consumer in such a way that it can be easily stored on a durable medium. If this is not reasonably possible, it shall be indicated where the general terms and conditions can be accessed electronically and that they will be sent free of charge electronically or otherwise upon request.

If specific product or service terms and conditions also apply alongside these general terms and conditions, the second and third paragraphs shall apply accordingly. In case of conflicting terms, the consumer may always invoke the provision that is most favorable to them.

Article 4 - The Offer

If an offer has a limited validity period or is made subject to conditions, this shall be clearly stated in the offer.

The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products, services, and/or digital content. Obvious mistakes or errors 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 attached to accepting the offer.

Article 5 - The Agreement

The agreement is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the conditions attached to it.

If the consumer accepts the offer electronically, the entrepreneur shall immediately confirm receipt of this acceptance 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 shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If electronic payment is possible for the consumer, the entrepreneur shall take appropriate security measures.

Within the limits of the law, the entrepreneur may verify whether the consumer can meet their payment obligations and other relevant facts before entering into the distance contract. If the entrepreneur has good grounds based on this verification, they are entitled to refuse an order or request or to attach special conditions to the execution.

At the latest upon delivery of the product, service, or digital content, the entrepreneur shall provide the consumer with the following information, either in writing or in such a manner that it can be stored on a durable medium:

• the business address of the entrepreneur where the consumer can file complaints;

• the conditions and procedure for exercising the right of withdrawal or a clear statement if the right of withdrawal is excluded;

• information about warranties and existing after-sales service;

• the price including all taxes of the product, service, or digital content; where applicable, the delivery costs and the method of payment, delivery, or performance of the distance contract;

• the requirements for terminating the contract if it has a duration of more than one year or is indefinite;

• if the consumer has a right of withdrawal, the model withdrawal form.

In case of a duration contract, the previous paragraph applies only to the first delivery.

Article 6 - Right of Withdrawal

For products:

1. The consumer can dissolve an agreement concerning the purchase of a product within a reflection period of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal but cannot oblige the consumer to provide it.

2. The reflection period referred to in paragraph 1 starts on the day after the consumer or a third party designated by the consumer, who is not the carrier, has received the product, or:

• 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 refuse an order of multiple products with different delivery times if the consumer was clearly informed about this before placing the order;

• if delivery consists of multiple shipments or parts: the day the consumer or a third party designated by him has received the last shipment or part;

• for agreements concerning regular delivery of products during a certain period: the day the consumer or a third party designated by him has received the first product.

For services and digital content not delivered on a tangible medium:
3. The consumer can dissolve a services agreement and an agreement for delivery of digital content not delivered on a tangible medium during a reflection period of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason but cannot oblige to give it.
4. The reflection period referred to in paragraph 3 starts the day after the agreement is concluded.

Extended reflection period for products, services, and digital content not delivered on a tangible medium when withdrawal rights are not provided:
5. If the entrepreneur has not provided the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the original reflection period would have ended according to the previous paragraphs.
6. If the entrepreneur provides this information to the consumer within twelve months after the start of the original reflection period, the reflection period ends 14 days after the consumer has received the information.

Article 7 – Consumer’s Obligations During the Reflection Period

1. During the reflection period, the consumer shall handle the product and its packaging with care. The product may only be unpacked or used to the extent necessary to assess its nature, characteristics, and functioning. Essentially, the consumer may only handle and inspect the product as they would in a physical store.

2. The consumer is only liable for any diminished value of the product resulting from handling beyond what is permitted in paragraph 1.

3. The consumer is not liable for diminished value if the entrepreneur did not provide all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 – Exercising the Right of Withdrawal by the Consumer and Associated Costs

1. To exercise the right of withdrawal, the consumer must notify the entrepreneur within the reflection period by using the model withdrawal form or another unequivocal statement.

2. The consumer shall return the product as soon as possible but no later than 14 days after the day following the notification. The product may be handed over personally or via an authorized representative. This does not apply if the entrepreneur has offered to collect the product.

3. The product must be returned with all accessories, if reasonably possible in original condition and packaging, and according to clear and reasonable instructions from the entrepreneur.

4. The risk and proof of timely and proper exercise of the right of withdrawal lie with the consumer.

5. The consumer bears the direct costs of returning the product unless the entrepreneur has stated otherwise or indicated that they will bear the costs themselves.

6. If the consumer requested that the performance of a service or the delivery of gas, water, or electricity, which is not made for sale in limited volumes or amounts, begin during the reflection period, the consumer owes a proportional amount corresponding to the part of the obligation already performed at the time of withdrawal.

7. The consumer does not bear costs for the performance of services or delivery of utilities if the entrepreneur failed to provide legally required information or if the consumer did not explicitly request the service or delivery to start during the reflection period.

8. The consumer does not bear costs for digital content not supplied on a physical medium if they did not explicitly consent to the beginning of the performance before the reflection period ended, or if they did not acknowledge losing their right of withdrawal, or if the entrepreneur did not confirm this declaration.

9. If the consumer exercises the right of withdrawal, all additional agreements are automatically terminated.

Article 9 – Obligations of the Entrepreneur Upon Withdrawal

1. If withdrawal can be communicated electronically, the entrepreneur shall immediately send a confirmation of receipt after receiving the withdrawal notice.

2. The entrepreneur shall reimburse all payments received from the consumer, including delivery costs charged by the entrepreneur for the returned product, without undue delay and no later than 14 days after the day on which the consumer notified the withdrawal. The entrepreneur may wait to reimburse until the product is received or proof of return is provided, whichever occurs first.

3. Reimbursement is made using the same payment method the consumer used unless the consumer agrees otherwise. The reimbursement shall be free of charge for the consumer.

4. If the consumer chose a more expensive delivery method than the standard cheapest method offered, the entrepreneur is not obliged to reimburse the additional costs.

Article 10 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, provided this is clearly stated at the time of offer or before the conclusion of the agreement:

• Products or services whose price depends on fluctuations in financial markets beyond the entrepreneur’s control and which may occur during the withdrawal period;

• Agreements concluded at public auctions (where the consumer is present or can be present, led by an auctioneer, and the successful bidder is obliged to purchase);

• Service agreements after full performance if the consumer expressly consented to the start of the service before the withdrawal period expired and acknowledged losing the right of withdrawal upon full performance;

• Package travel and passenger transport agreements;

• Service agreements related to accommodation, goods transport, car rental, and catering with a specified date or period;

• Agreements related to leisure activities with a fixed date or period;

• Custom-made products not prefabricated and made based on individual consumer choices or clearly intended for a specific person;

• Perishable products;

• Sealed products not suitable for return for health or hygiene reasons once the seal is broken;

• Products irreversibly mixed after delivery;

• Alcoholic beverages priced at agreement time but delivered after 30 days, subject to market fluctuations;

• Sealed audio, video recordings and software once the seal is broken;

• Newspapers, magazines (except subscriptions);

• Delivery of digital content not supplied on a physical medium if performance began with prior explicit consent and loss of withdrawal rights by the consumer.

Article 11 – The Price

1. During the validity period stated in the offer, prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

2. Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices that depend on fluctuations in financial markets beyond the entrepreneur’s control. This dependence and the fact that any stated prices are indicative must be mentioned in the offer.

3. Price increases within 3 months after concluding the agreement are only permitted if caused by statutory regulations or provisions.

4. Price increases after 3 months are only permitted if the entrepreneur agreed so and:
   a. The increase results from statutory regulations or provisions; or
   b. The consumer has the right to terminate the agreement from the day the price increase takes effect.

5. Prices mentioned in the offer include VAT.

Article 12 – Performance of the Agreement and Additional Guarantee

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications in the offer, the reasonable requirements of durability and/or usability, and the applicable legal and governmental regulations in effect at the time the agreement was made. If agreed, the entrepreneur also guarantees suitability for uses other than normal use.

2. Any additional guarantee provided by the entrepreneur, supplier, manufacturer, or importer does not limit the consumer’s statutory rights or claims if the entrepreneur has failed to perform their part of the agreement.

3. An additional guarantee means any commitment from the entrepreneur, supplier, importer, or producer granting the consumer rights or claims beyond what is legally required in case of non-performance.

Article 13 – Delivery and Execution

The entrepreneur shall exercise due care in the execution of the agreement.
Products will be delivered to the address specified by the consumer, unless otherwise agreed.
The delivery times stated by the entrepreneur are indicative and not strict deadlines.
If the entrepreneur cannot meet the delivery time, the consumer will be informed as soon as possible, and the consumer can choose to cancel the order without costs or agree to a new delivery time.
Risk of loss or damage to the products passes to the consumer at the moment the products are delivered or picked up.
The entrepreneur is only liable for damage resulting from late delivery if the entrepreneur has been negligent.

Article 14 – Duration Transactions: Duration, Termination, and Renewal

Duration transactions are agreements intended for the regular delivery of products, services, and/or digital content for a fixed period or indefinitely.
If the duration is fixed, the agreement ends automatically at the end of the term unless otherwise agreed.
If the agreement is for an indefinite period, it can be terminated by either party with due observance of the agreed notice period.
If notice periods are not specified, a reasonable period applies.
Renewal of the agreement will only occur if expressly agreed or if the consumer does not terminate the agreement in time.

Article 15 – Payment

Unless otherwise agreed, payment must be made within 14 days after the conclusion of the agreement.
The consumer can choose payment methods offered by the entrepreneur.
If payment is not received on time, the consumer is in default by operation of law without further notice.
In case of late payment, the entrepreneur can charge statutory interest and reasonable collection costs.

Article 16 – Complaints Procedure

The entrepreneur has a complaints procedure that meets legal requirements.
Complaints about the execution of the agreement must be submitted within a reasonable time after the consumer discovers the defects.
Complaints can be sent to the entrepreneur’s contact details as stated in Article 2.
The entrepreneur will confirm receipt of the complaint within 5 working days and handle the complaint carefully and as soon as possible.
If a complaint is justified, the entrepreneur will offer a solution such as repair, replacement, or refund.

Article 17 – Disputes

The agreement between the entrepreneur and the consumer is governed by Dutch law.
Disputes arising from the agreement will be submitted to the competent court in the entrepreneur’s place of business, unless the law prescribes otherwise.
The entrepreneur also participates in the dispute resolution scheme of the Dutch Consumer Dispute Committee (KiFiD), to which the entrepreneur is affiliated.
The consumer can submit disputes to this committee if the dispute falls within its scope.

Article 18 – Additional or Deviating Provisions

Additional or deviating provisions may be agreed upon in writing.
If any provision of these general terms and conditions is null or void, the remaining provisions remain in full force.
The entrepreneur and consumer will then consult to agree on a new provision replacing the void provision as much as possible in line with the original intent.