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 – Costs in case of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Conformity and guarantee
Article 11 – Delivery and execution
Article 12 – Duration transactions: duration, termination and extension
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 terms shall have the following meanings:
Cooling-off period: the period within which the consumer can exercise his right of withdrawal; Read all about the cooling-off period
Consumer: the natural person who does not act in the exercise of his profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
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;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Model withdrawal form: the model withdrawal form made available by the entrepreneur that a consumer can complete if he wishes to exercise his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract concluded in the context of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the contract, exclusively using one or more techniques for distance communication;
Technique for distance communication: means that can be used to conclude a contract without the consumer and entrepreneur being together in the same space at the same time.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
An Nahl
De Nieuwe Erven 3
Unit: 11406
5431 NV Cuijk
info@an-nahl.com
KVK: 91024420
BTW: NL002253427B87
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded 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 before the distance contract is concluded. It will be indicated that the general terms and conditions can be viewed at the entrepreneur’s premises, and they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, in deviation 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 by electronic means in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible before the distance contract is concluded. It will be indicated where the general terms and conditions can be consulted by electronic means, and that they will be sent to the consumer free of charge by electronic means or otherwise upon request.
In the event that specific product or service conditions also apply. In addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and in case of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to him.
If one or more provisions in these general terms and conditions are null and void or are annulled at any time. The agreement, and these terms and conditions, shall remain in force for the remainder. The provision in question shall be replaced immediately by a provision that approaches the purport of the original as closely as possible by mutual agreement.
Situations that are not regulated in these general terms and conditions shall be assessed ‘in accordance with the spirit’ of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions shall be interpreted ‘in accordance with the spirit’ of these general terms and conditions.
Article 4 – The offer
If an offer has a limited validity period or is subject to conditions, this will be clearly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services 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 of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colours exactly match the real colours of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
the price including taxes;
the possible costs of shipping;
the way in which the agreement will be concluded and which actions are necessary for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the agreement;
the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
the amount 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 communication medium used;
whether or not the agreement will be archived after it has been concluded, and if so, where it can be consulted by the consumer;
the way in which the consumer can check and, if desired, correct the data provided by him in the context of the agreement before concluding the agreement;
The agreement can be concluded in other languages besides Dutch; the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance agreement in case of a long-term transaction.
Article 5 – The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the agreement 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 organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.
Within the legal framework, the entrepreneur may check whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to its performance.
The entrepreneur will enclose the following information with the product or service to the consumer in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
- the visiting address of the entrepreneur’s establishment where the consumer can lodge complaints;
- the conditions under which and the manner in which the consumer may exercise his right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information about guarantees and existing after-sales service;
- the data referred to in Article 4(3) of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the performance of the distance agreement;
- the requirements for termination of the agreement if it has a duration of more than one year or is of indefinite duration.
In the case of a continuing performance contract, the provision in the previous paragraph shall only apply to the first delivery.
Every agreement is entered into subject to the suspense condition of sufficient availability of the products concerned.
Article 6 – Right of withdrawal
In case of delivery of products:
When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for a period of 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During this 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 it. If he makes use of his right of withdrawal, he shall return the product with all accessories supplied and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with reasonable and clear instructions provided by the entrepreneur.
If the customer wishes to make use of his right of withdrawal, he is obliged to notify the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of the model form or by means of another communication tool such as e-mail. After the consumer has indicated that he wishes to make use of his right of withdrawal, he must return the product within 14 days. The consumer must prove that the goods delivered have been returned in time, for example by means of proof of shipment.
If, after the expiry of the periods referred to in paragraphs 2 and 3, respectively, the customer has not made known that he wishes to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
In case of delivery of services:
When delivering services, consumers have the option to dissolve the agreement without giving reasons for at least 14 days, starting on the day on which the agreement is concluded.
To exercise his right of withdrawal, the consumer shall follow reasonable and clear instructions provided by the entrepreneur at or before delivery.
Article 7 – Costs and Conditions for Withdrawal
When a consumer decides to withdraw from a purchase, the costs of returning the product will be paid by the consumer, unless otherwise stated. Upon receiving the returned product or proof of complete return, the entrepreneur must refund the amount paid by the consumer within 14 days. The refund will be made using the same payment method used by the consumer unless the consumer explicitly consents to a different method.
If the product is damaged due to careless handling by the consumer, they will be held liable for any reduction in value. However, if the entrepreneur failed to provide all legally required information about the right of withdrawal before the purchase agreement was concluded, the consumer cannot be held liable for the depreciation of the product.
Article 8 – Exclusion of Right of Withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for certain products and services. The offer must clearly state this exclusion before the agreement is concluded. The right of withdrawal cannot be excluded for products that are created according to the consumer’s specifications, are personal in nature, cannot be returned due to their nature, or whose price is subject to market fluctuations beyond the entrepreneur’s control.
The right of withdrawal can also be excluded for hygienic products that have been opened by the consumer. For services, exclusion is only possible for those related to accommodation, transportation, restaurants, or leisure activities that are scheduled for a specific date or period, or those that have begun with the consumer’s express consent before the cooling-off period has ended.
Article 9 – Prices
During the validity period of the offer, prices for products and/or services will remain unchanged except for changes in VAT rates. However, the entrepreneur may offer products or services that are subject to fluctuations in the financial market and have variable prices. Any stated prices are target prices and depend on market fluctuations.
If price increases occur within three months after the agreement’s conclusion, they must be due to statutory regulations or provisions. After three months, price increases are only permitted if the entrepreneur has stipulated this and if they are the result of legal regulations or provisions. The consumer may cancel the agreement if they have the authority.
All prices stated in the offer include VAT, but printing and typographical errors may occur. The entrepreneur is not liable for any consequences resulting from such errors, and they are not obligated to deliver products at incorrect prices.
Article 10 – Compliance and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations that existed on the date the agreement was concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for use other than normal use.
Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of discovering the defect.
The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible 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.
The warranty does not apply if:
– The consumer has repaired and/or processed the delivered products themselves or has had them repaired and/or processed by third parties.
– The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or treated in violation of the entrepreneur’s instructions and/or packaging.
– The defectiveness is wholly or partially a result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
The entrepreneur shall exercise the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.
The place of delivery shall be the address communicated by the consumer to the company.
Subject to the provisions of paragraph 4 of this article, the company shall execute accepted orders promptly and in any event within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer shall be notified of this no later than 30 days after placing the order. In such cases, the consumer shall have the right to dissolve the agreement free of charge. The consumer shall not be entitled to compensation.
All delivery times are indicative. The consumer may not derive any rights from any specified times. Exceeding a term does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur shall make every effort to provide a replacement item. At the latest upon delivery, it shall be clearly and comprehensibly stated that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of products shall remain with the entrepreneur until the time of delivery to the consumer or a pre-designated and notified representative to the entrepreneur unless expressly agreed otherwise.
Article 12 – Continuing Performance Contracts: Duration, Termination and Extension
Termination
The consumer may terminate an agreement for an indefinite period and which extends to the regular delivery of products or services at any time, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement for a definite period and which extends to the regular delivery of products or services at any time at the end of the definite period, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate agreements referred to in paragraphs 1 and 2:
at any time and not be restricted to termination at a specific time or in a specific period;
terminate them in the same way as they were entered into;
always terminate them with the same notice period as the entrepreneur has stipulated for himself.
Extension
An agreement for a definite period which extends to the regular delivery of products or services may not be automatically extended or renewed for a fixed duration.
An agreement for a definite period which extends to the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer is entitled to terminate at any time with a notice period of no more than one month. A notice period of no more than three months may be agreed upon in case the agreement extends to the regular, but less than once per month, delivery of daily, news and weekly newspapers and magazines.
An agreement with a duration of less than one year for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) shall not be automatically extended and shall terminate automatically at the end of the trial or introductory period.
Duration
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 no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, consumers are required to pay amounts owed within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. For agreements to provide services, this period begins after the consumer has received confirmation of the agreement.
Consumers are responsible for immediately reporting any inaccuracies in payment details provided or stated to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs that have been made known to the consumer in advance.
Article 14 – Complaints Procedure
The entrepreneur must have a sufficiently publicized complaints procedure and handle complaints in accordance with this complaints procedure.
Complaints about the implementation of an agreement must be submitted fully and clearly described to the entrepreneur within 2 months after the consumer has discovered any defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved through mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
In case of complaints, consumers should first turn to the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and in case of complaints that cannot be resolved by mutual agreement, consumers should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Consumers should check whether this webshop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution has not yet been reached, consumers have the option of having their complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, whose decision is binding and both entrepreneur and consumer agree to this binding decision. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the obligations of the entrepreneur, unless otherwise indicated in writing.
If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will replace or repair delivered products free of charge at their discretion.
Article 15 – Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.
The Vienna Sales Convention does not apply.
Article 16 – Additional or deviating provisions
Additional or deviating provisions from 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 that they can be stored by the consumer in an accessible manner on a durable data carrier.