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 in connection with a distance agreement and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
- Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
- Consumer: the natural person who is not acting for purposes related to his trade, business, craft or professional activity;
- Day: calendar day;
- Digital content: data produced and supplied in digital form;
- Continuing performance contract: an agreement that extends to the regular delivery of goods, services and/or digital content for a specific period;
- Durable data carrier: any device – including e-mail – that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use during a period that is tailored to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
- Right of withdrawal: the consumer's option to cancel the distance agreement within the cooling-off period;
- Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers remotely;
- Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement, exclusive or shared use is made of one or more techniques for distance communication;
- Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I does not have to be made available if the consumer does not have a right of withdrawal in respect of his order;
- Technique for remote communication: a means that can be used for concluding an agreement without the consumer and entrepreneur being in the same room at the same time.
Article 2 – Identity of the entrepreneur
De Hiep e-commerce v.o.f., Retourkoop.nl
Registered and visiting address: Niels Bohrweg 171, 3542 CA, Utrecht
Email address: [email protected]
Chamber of Commerce number: 74843982
VAT identification number: NL860047374B01
Article 3 – Applicability
- These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract 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, the entrepreneur will indicate, before the distance contract is concluded, in what way the general terms and conditions can be viewed at the entrepreneur's premises and that 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 may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is reasonably impossible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge at the consumer's request electronically or in another way.
- In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting conditions, the consumer may always invoke the applicable provision that is most favorable to him.
Article 4 – The offer
- The range largely consists of returns from consumers and other (online) stores. It is possible that the products contain signs of use or are in damaged or non-original packaging.
- Retourkoop has no knowledge of why the goods were returned, does not know the properties of the goods, and does not know whether the goods function.
- The Buyer accepts that the product may have defects that may impede normal use. Retourkoop is in no way liable for the defects with regard to the goods.
- The offer contains a complete and accurate description of the offered products and digital content. The description is sufficiently detailed to allow the consumer to make a good assessment of the offer. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- The company sells in multiple countries, so it is also possible that goods may have foreign packaging.
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- Retourkoop is not liable for any damage caused by a product due to incorrect use.
Article 5 – The agreement
- Subject to the provisions in paragraph 4, the agreement is concluded when the consumer accepts the offer and meets the conditions set.
- 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 receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve 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 will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
- Within legal frameworks, the entrepreneur may investigate whether the consumer can meet their payment obligations, as well as all the facts and factors that are important for responsibly entering into a 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 execution.
- At the latest upon delivery of the product, service, or digital content to the consumer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
- the visiting address of the entrepreneur's branch 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;
- information about guarantees and existing service after purchase;
- the price including all taxes on the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
- the requirements for termination of the agreement if the agreement has a duration of more than one year or of indefinite duration;
- if the consumer has a right of withdrawal, the model form for withdrawal.
- in the event of a continuous performance agreement, the provision in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal
For products:
- The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of at least 30 days without giving any reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to state his reason(s).
- The cooling-off period mentioned in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance who is not the carrier, has received the product, or:
- If the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, received the last product. The entrepreneur may refuse an order of multiple products with different delivery times, provided that they have clearly informed the consumer of this prior to the ordering process.
- If the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or the last part;
- in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
Article 7 – Obligations of the consumer during the cooling-off period
- During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
- The consumer is only liable for the diminished value of the product that is the result of handling the product in a way that goes beyond what is permitted in paragraph 1.
- The consumer is not liable for the diminished value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
- If there is still a manufacturer's warranty applicable to the product, the Buyer must settle claims directly with the manufacturer, and Retourkoop is in no way responsible for the manufacturer's fulfillment of the obligations of the manufacturer's warranty.
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
- If the consumer makes use of their right of withdrawal, they shall notify the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
- As soon as possible, but within 7 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to pick up the product himself. The consumer has observed the return period in any case if he returns the product before the reflection period has expired.
- The consumer shall return the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
- The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for return shipment.
- If the consumer exercises their right of withdrawal, all supplementary agreements will be dissolved by operation of law.
- If new damage is discovered after a return shipment from the Buyer, the Buyer will receive 70% of the purchase amount back, minus any collection costs.
- If the Buyer wants to return or cancel an incorrectly ordered item after the order and payment have been completed, the shipping costs incurred are at his/her expense.
Article 9 – Obligations of the entrepreneur in case of withdrawal
- If the entrepreneur enables the consumer to revoke the agreement electronically, he shall promptly send an acknowledgment of receipt upon receiving this notification.
- The entrepreneur will reimburse all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 30 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait with reimbursement until they have received the product or until the consumer proves that they have returned the product, whichever comes first.
- The entrepreneur uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
- If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the entrepreneur doesn't have to refund the additional costs of the more expensive method.
Article 10 – Exclusion of right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement:
- Agreements that have been concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
- Products that, after delivery, are irrevocably mixed with other products due to their nature;
Article 11 – The 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 price changes due to changes in VAT rates.
- Notwithstanding 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 influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices are stated in the offer.
- The prices mentioned in the product or service offerings include VAT.
- lowest price guarantee is exclusively compared to the sale of new products from other providers.
Article 12 – Compliance with agreement and extra guarantee
- 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 statutory provisions and/or government regulations existing on the date of the conclusion of the agreement.
- An additional guarantee provided by the entrepreneur, their supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill their part of the agreement.
Article 13 – Delivery and execution
- The entrepreneur will observe the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
- The address that the consumer has made known to the entrepreneur applies as the place of delivery.
- With due observance of the provisions in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with competent speed, but no later than within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
- After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
- Deliveries are shipped at the end of the afternoon via postal service, due to the busy month of December, packages may be held longer at the postal company. The Wadden area is excluded for delivery within one day.*
Article 15 – Payment
- Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day 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.
- If the Buyer fails to meet their payment obligation in a timely manner, the Buyer owes collection costs in accordance with the Decree on Compensation for Extrajudicial Collection Costs, as referred to in Section 6:96 of the Dutch Civil Code, with a minimum amount of € 40,– and a maximum of € 6,775,–. The Buyer only owes this compensation after they have been given a free reminder to pay within a period of 14 days, after which period, in addition to the aforementioned extrajudicial collection costs, the statutory interest is also due.
Article 16 – Complaints procedure
- The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days, counting from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
- The consumer must in any case give the entrepreneur 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute settlement.
Article 17 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
Article 18 – Additional or deviating provisions
Additional provisions or deviations 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 the consumer can store them in an accessible manner on a durable data carrier.