General terms and conditions

Entrepreneur’s Identity:

Postal address
Benedenweg 74A
1834 AK Sint Pancras

Chamber of Commerce number
95829652

Article 1 – Definitions
Article 2 – Applicability
Article 3 – The offer
Article 4 – The agreement
Article 5 – Right of withdrawal
Article 6 – Costs in the event of withdrawal
Article 7 – Exclusion of right of withdrawal
Article 8 – The price
Article 9 – Conformity and guarantee
Article 10 – Delivery and execution
Article 11 – Duration transactions: Duration, termination and extension
Article 12 – Payment
Article 13 – Complaints procedure
Article 14 – Applicable law
Article 15 – Additional or different provisions

Article 1 – Definitions

In these general terms and conditions, the following definitions shall apply:

Reflection period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a remote agreement with Dutch Balance;
Day: calendar day;
Duration 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 Dutch Balance to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Dutch Balance: the natural or legal person offering products and/or services to consumers at a distance;
Distance agreement: an agreement in which, within the framework of a system organized by Dutch Balance for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and Dutch Balance being together in the same room at the same time.

Article 2 – Applicability.

These general terms and conditions are applicable to every offer of Dutch Balance and to every remote agreement concluded between entrepreneur and consumer.
Before the remote agreement is concluded, the text of these general conditions shall be made available to the consumer. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated that the general terms and conditions can be inspected at Dutch Balance and, at the consumer’s request, they will be sent free of charge as soon as possible.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be inspected electronically and that, at the consumer’s request, they will be sent electronically or otherwise free of charge.
In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favorable to him.

Article 3 – The offer

If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If Dutch Balance makes use of images these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind Dutch Balance.
Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:
- - the price including taxes;
  - the cost of delivery, if any;
  - The manner in which the agreement will be established and what actions are necessary to do so;
  - Whether or not the right of withdrawal applies;
  - the method of payment, delivery and performance of the agreement;
  - the period for acceptance of the offer, or the period within which Dutch Balance guarantees the price;
  - the amount of the rate for distance communication if the cost of using the technique for distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
  - Whether the agreement is archived after its conclusion, and if so in what way it can be accessed by the consumer;
  - the manner in which the consumer, before the conclusion of the contract, can check and, if desired, rectify the data provided by him under the contract;
  - any other languages in which, in addition to Dutch, the agreement may be concluded;
  - the codes of conduct to which Dutch Balance is subject and the manner in which the consumer can consult these codes of conduct electronically; and
  - the minimum duration of the distance contract in the case of an endurance transaction.

Article 4 – The Agreement

The agreement, subject to the provisions of paragraph 4, is concluded at the time of acceptance by the consumer of the offer and the fulfillment of the conditions set forth therein.
If the consumer has accepted the offer electronically, Dutch Balance shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Dutch Balance, the consumer may dissolve the agreement.
If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures to that end.
Dutch Balance may – within legal frameworks – inform itself as to whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, Dutch Balance has good grounds not to enter into the agreement, it is entitled to refuse an order or application, while giving reasons, or to attach special conditions to the execution.
Dutch Balance will include with the product or service to the consumer 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 data carrier:
- - the visiting address of the branch of Dutch Balance to which the consumer can address complaints;
  - the conditions under which and the manner in which the consumer can use the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
  - the information on warranties and existing after-purchase service;
  - the data included in article 4 paragraph 3 of these conditions, unless Dutch Balance has already provided these data to the consumer prior to the execution of the agreement;
  - the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.

Article 5 – Right of withdrawal

On delivery of products:

When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for a period of 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to Dutch Balance.
During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to Dutch Balance, in accordance with the reasonable and clear instructions provided by Dutch Balance. The premise here is that this inspection may not go beyond what the customer would be able to do in a physical store.
Upon dissolution of the agreement, the consumer is obliged to return the products in question within 14 days. This period commences on the day that the consumer makes it known that he wishes to exercise his right of withdrawal in the manner indicated by Dutch Balance.

When providing services:

When providing services, the consumer has the option of dissolving the contract without giving reasons for at least fourteen days starting from the day of entering into the contract.
To exercise his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by Dutch Balance at the time of the offer and/or at the latest upon delivery.

Article 6 – Costs in case of withdrawal

If the consumer exercises his right of withdrawal, at most the cost of return shipment shall be borne by him.
If the consumer has paid an amount, Dutch Balance will refund this amount as soon as possible, but no later than 14 days after revocation. This is subject to the condition that the product has already been received back by the merchant or conclusive evidence of complete return can be presented.

Article 7 – Exclusion of the right of withdrawal.

Dutch Balance may exclude the consumer’s right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal shall only apply if Dutch Balance has clearly stated this in the offer, at least in good time prior to the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
- - that have been created by Dutch Balance in accordance with consumer specifications;
  - that are clearly personal in nature;
  - that by their nature cannot be returned (the delivery of products that are not suitable to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery);
  - that can spoil or age quickly;
  - the price of which is subject to fluctuations in the financial market over which Dutch Balance has no influence;
  - For single newspapers and magazines;
  - for audio and video recordings and computer software for which the consumer has broken the seal.
  - Exclusion of the right of withdrawal is only possible for services:
    a. concerning accommodation, transportation, restaurant business or leisure activities to be performed on a certain date or during a certain period;
    b. the delivery of which commenced with the express consent of the consumer before the expiration of the withdrawal period;
    c. concerning betting and lotteries.

Article 8 – The price

During the validity period 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, Dutch Balance may offer products or services whose prices are subject to fluctuations in the financial market and over which Dutch Balance has no influence, with variable prices. This link to fluctuations and the fact that any stated prices are target prices shall be stated with the offer.
Price increases within 3 months of the conclusion of the agreement are permitted only if they result from legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if Dutch Balance has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer is authorized to terminate the agreement as of the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.

Article 9 – Conformity and Warranty

Dutch Balance 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 existing statutory provisions and/or government regulations on the date of the conclusion of the agreement. If agreed Dutch Balance also guarantees that the product is suitable for other than normal use.
A guarantee provided by Dutch Balance, manufacturer or importer does not affect the legal rights and claims that the consumer may assert against Dutch Balance on the basis of the agreement.

Article 10 – Delivery and execution

Dutch Balance will take the utmost care when accepting and executing orders for products and when evaluating requests for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in article 4 of these general conditions, the company will execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed about this at the latest 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost and right to possible compensation.
In the event of dissolution in accordance with the previous paragraph, Dutch Balance will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
If delivery of an ordered product proves impossible, Dutch Balance will make an effort to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article is being delivered. With 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 rests with Dutch Balance until the moment of delivery to the consumer or a representative designated in advance and made known to Dutch Balance, unless explicitly agreed otherwise.

Article 11 – Duration transactions: duration, termination and renewal

Termination

The consumer may at any time terminate a contract entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, subject to agreed termination rules and a notice period not exceeding one month.
The consumer may terminate a fixed-term contract, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, subject to agreed termination rules and a notice period not exceeding one month.
The consumer may enter into the agreements mentioned in the previous paragraphs:
- - cancel at any time and not be limited to cancellation at a particular time or period;
  - terminate at least in the same manner as they were entered into by him;
  - always terminate with the same notice period as Dutch Balance has stipulated for itself.

Extension

An agreement entered into for a definite period of time, which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time.
Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer can terminate this extended contract by the end of the extension with a notice period not exceeding one month.
A fixed-term contract that has been concluded for the regular delivery of products or services may be tacitly renewed for an indefinite period of time only if the consumer may terminate it at any time with a notice period of up to one month and a notice period of up to three months in the event that the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A limited duration agreement to regularly deliver daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 12 – Payment

As far as not otherwise agreed upon, the amounts owed by the consumer should be paid within 7 working days after the start of the reflection period referred to in Article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. Where advance payment is stipulated, the consumer may not assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
The consumer has a duty to promptly report inaccuracies in payment information provided or stated to Dutch Balance.
In the event of non-payment by the consumer, Dutch Balance is entitled, subject to legal restrictions, to charge the reasonable costs made known in advance to the consumer.

Article 13 – Complaints procedure

The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur within 7 days fully and clearly described, after the consumer has identified the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is amenable to dispute resolution.
For complaints, a consumer should first turn to the entrepreneur. For complaints that cannot be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If there is still no solution, the consumer has the option of having his complaint handled by the independent arbitration board appointed by Stichting WebwinkelKeur, the decision is binding and both entrepreneur and consumer agree to this binding decision. To submit a dispute to this dispute committee are costs associated that the consumer has to pay to the committee. It is also possible to submit complaints via the European ODR platform(http://ec.europa.eu/odr).
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 14 – Applicable law

These general terms and conditions are governed by Dutch law and in case of a lawsuit regarding these general terms and conditions or in relation to this web shop, the Dutch court has jurisdiction.

Article 15 – Additional or different provisions

Additional provisions or provisions deviating from these general 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.

Information

General conditions