Terms and conditions

Identity of the trader:

Postal address
Benedenweg 74A
1834 AK Sint Pancras, the Netherlands

Email address
[email protected]

Phone number
+31 (0)85 130 19 21

Chamber of Commerce number
95829652

Table of contents

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 the right of withdrawal
Article 8 – The price
Article 9 – Conformity and guarantee
Article 10 – Delivery and performance
Article 11 – Continuing performance contracts: duration, termination and renewal
Article 12 – Payment
Article 13 – Complaints procedure
Article 14 – Applicable law
Article 15 – Additional or differing provisions

Article 1 – Definitions

In these general terms and conditions the following definitions apply:

1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
2. Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with Dutch Balance;
3. Day: calendar day;
4. Continuing performance contract: a distance contract relating to a series of products and/or services, the obligation to supply and/or purchase of which is spread over time;
5. Durable medium: any means that enables the consumer or Dutch Balance to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
7. Dutch Balance: the natural or legal person who offers products and/or services to consumers at a distance;
8. Distance contract: a contract in which, within the framework of a system organised by Dutch Balance for the distance selling of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract;
9. Technique for distance communication: a means that can be used to conclude a contract without the consumer and Dutch Balance being in the same room at the same time.

Article 2 – Applicability

1. These general terms and conditions apply to every offer from Dutch Balance and to every distance contract concluded between the trader and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be stated before the distance contract is concluded that the general terms and conditions can be inspected at Dutch Balance and that they will be sent free of charge as soon as possible at the consumer’s request.
3. If the distance contract is concluded electronically, then contrary to 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 the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be stated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer’s request.
4. Where specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting general terms and conditions the consumer may always rely on the applicable provision that is most favourable to them.

Article 3 – The offer

1. If an offer has a limited period of validity or is made subject to conditions, this is expressly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to assess the offer properly. Where Dutch Balance uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on Dutch Balance.
3. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
   • • the price including taxes;
     • any delivery costs;
     • the way in which the contract will be concluded and which actions are needed for this;
     • whether or not the right of withdrawal applies;
     • the method of payment, delivery and performance of the contract;
     • the period for accepting the offer, or the period within which Dutch Balance guarantees the price;
     • the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular base rate for the means of communication used;
     • whether the contract is archived after conclusion, and if so how the consumer can consult it;
     • the way in which the consumer can check and, if desired, correct the details they have provided under the contract before concluding it;
     • any languages other than Dutch in which the contract can be concluded;
     • the codes of conduct to which Dutch Balance has subscribed and the way in which the consumer can consult these codes of conduct electronically; and
     • the minimum duration of the distance contract in the case of a continuing performance contract.

Article 4 – The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions attached to it.
2. If the consumer has accepted the offer electronically, Dutch Balance confirms receipt of the acceptance of the offer electronically without delay. As long as receipt of this acceptance has not been confirmed by Dutch Balance, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the trader takes appropriate technical and organisational measures to secure the electronic transfer of data and provides a safe web environment. If the consumer can pay electronically, the trader observes appropriate security measures for this.
4. Dutch Balance may, within statutory limits, inform itself as to whether the consumer can meet their payment obligations, as well as of all those facts and factors that matter for responsibly entering into the distance contract. 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 request with reasons, or to attach special conditions to its performance.
5. With the product or service, Dutch Balance will send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
   • • the visiting address of the Dutch Balance establishment where the consumer can take complaints;
     • the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
     • the information about guarantees and existing after-sales service;
     • the details included in article 4 paragraph 3 of these terms and conditions, unless Dutch Balance has already provided these details to the consumer before performance of the contract;
     • the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
6. In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.

Article 5 – Right of withdrawal

On the delivery of products:

1. When buying products the consumer has the option of dissolving the contract without giving reasons for 30 days. This cooling-off period starts on the day after the product is received by the consumer or by a representative designated in advance by the consumer and made known to Dutch Balance.
2. During the cooling-off period the consumer will handle the product and the packaging with care. They will only unpack or use the product to the extent needed to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all accessories supplied and, if reasonably possible, in its original condition and packaging to Dutch Balance, in accordance with the reasonable and clear instructions provided by Dutch Balance. The principle here is that this inspection may not go further than the customer could go in a physical shop.
3. On dissolution of the contract, the consumer is obliged to return the products concerned within 14 days. This period starts on the day the consumer states that they wish to exercise their right of withdrawal by the method indicated by Dutch Balance.

On the delivery of services:

1. On the delivery of services the consumer has the option of dissolving the contract without giving reasons for at least fourteen days, starting on the day the contract is entered into.
2. To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by Dutch Balance with the offer and/or at the latest on delivery.

Article 6 – Costs in the event of withdrawal

1. If the consumer exercises their right of withdrawal, at most the costs of return are for their account.
2. If the consumer has paid an amount, Dutch Balance will refund this amount as soon as possible, but no later than 14 days after withdrawal. A condition here is that the product has already been received back by the online retailer or that conclusive proof of complete return can be submitted.

Article 7 – Exclusion of the right of withdrawal

1. 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 applies only if Dutch Balance has clearly stated this in the offer, or at least in good time before the contract is concluded.
2. Exclusion of the right of withdrawal is only possible for products:
   • • that have been produced by Dutch Balance in accordance with the consumer’s specifications;
     • that are clearly personal in nature;
     • that by their nature cannot be returned (the supply of products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery);
     • that can spoil or age quickly;
     • whose price is tied to fluctuations on the financial market over which Dutch Balance has no influence;
     • for individual newspapers and magazines;
     • for audio and video recordings and computer software whose seal the consumer has broken.
     • Exclusion of the right of withdrawal is only possible for services:
       a. concerning accommodation, transport, catering or leisure activities to be provided on a specific date or during a specific period;
       b. whose delivery has started with the consumer’s express consent before the cooling-off period has expired;
       c. concerning betting and lotteries.

Article 8 – The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered are not increased, except for price changes resulting from changes in VAT rates.
2. Contrary to the previous paragraph, Dutch Balance may offer products or services with variable prices where those prices are tied to fluctuations on the financial market over which Dutch Balance has no influence. This link to fluctuations and the fact that any prices stated are target prices are mentioned with the offer.
3. Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if Dutch Balance has stipulated this and:
   a. they result from statutory regulations or provisions; or
   b. the consumer has the right to terminate the contract with effect from the day the price increase takes effect.
   5. The prices stated in the offer of products or services include VAT.

Article 9 – Conformity and guarantee

1. Dutch Balance warrants that the products and/or services meet the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations in force on the date the contract is concluded. If agreed, Dutch Balance also warrants that the product is suitable for use other than normal use.
2. A guarantee provided by Dutch Balance, the manufacturer or the importer does not affect the statutory rights and claims the consumer can assert against Dutch Balance under the contract.

Article 10 – Delivery and performance

1. Dutch Balance will take the greatest possible care when receiving and performing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address the consumer has made known to the company.
3. With due observance of what is stated in article 4 of these general terms and conditions, the company will perform accepted orders with due speed but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be performed or can only be performed in part, the consumer is informed of this no later than 30 days after placing the order. In that case the consumer has the right to dissolve the contract free of charge and is entitled to any compensation.
4. In the event of dissolution in accordance with the previous paragraph, Dutch Balance will refund the amount the consumer has paid as soon as possible, but no later than 30 days after dissolution.
5. If delivery of an ordered product proves impossible, Dutch Balance will make an effort to make a replacement item available. At the latest on delivery it will be stated clearly and comprehensibly that a replacement item is being delivered. For replacement items the right of withdrawal cannot be excluded. The costs of any return shipment are for the consumer’s account.
6. The risk of damage and/or loss of products rests with Dutch Balance up to the moment of delivery to the consumer or to a representative designated in advance and made known to Dutch Balance, unless expressly agreed otherwise.

Article 11 – Continuing performance contracts: duration, termination and renewal

Termination

1. The consumer may at any time terminate a contract entered into for an indefinite period that extends to the regular delivery of products (including electricity) or services, with due observance of the termination rules agreed for this and a notice period of no more than one month.
2. The consumer may at any time terminate a contract entered into for a fixed period that extends to the regular delivery of products (including electricity) or services, as at the end of the fixed period, with due observance of the termination rules agreed for this and a notice period of no more than one month.
3. The consumer may, with regard to the contracts referred to in the previous paragraphs:
   • • terminate them at any time and not be restricted to termination at a particular time or during a particular period;
     • terminate them at least in the same way as they entered into them;
     • always terminate them with the same notice period as Dutch Balance has stipulated for itself.

Renewal

1. A contract entered into for a fixed period that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.
2. Contrary to the previous paragraph, a contract entered into for a fixed period that extends to the regular delivery of daily, news and weekly papers and magazines may be tacitly renewed for a fixed period of no more than three months, if the consumer can terminate this renewed contract as at the end of the renewal with a notice period of no more than one month.
3. A contract entered into for a fixed period that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and a notice period of no more than three months where the contract extends to the regular but less than monthly delivery of daily, news and weekly papers and magazines.
4. A contract of limited duration for the regular trial delivery of daily, news and weekly papers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

1. If a contract has a duration of more than one year, the consumer may, after one year, terminate the contract at any time with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed term.

Article 12 – Payment

1. Unless agreed otherwise, the amounts owed by the consumer must be paid within 7 working days of the start of the cooling-off period referred to in article 6 paragraph 1. In the case of a contract for the provision of a service, this period starts once the consumer has received confirmation of the contract.
2. When selling products to consumers, general terms and conditions may never stipulate advance payment of more than 50%. Where advance payment is stipulated, the consumer cannot assert any right regarding the performance of the order or service(s) concerned before the stipulated advance payment has been made.
3. The consumer has a duty to report inaccuracies in payment details provided or stated to Dutch Balance without delay.
4. In the event of non-payment by the consumer, Dutch Balance has the right, subject to statutory restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 13 – Complaints procedure

1. The trader has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the contract must be submitted to the trader fully and clearly described within 7 days of the consumer establishing the defects.
3. Complaints submitted to the trader are answered within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the trader answers within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
5. With complaints, a consumer should first turn to the trader. With 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 a solution is still not reached, the consumer has the option of having their complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur; its ruling is binding and both trader and consumer agree to this binding ruling. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the committee concerned. It is also possible to submit complaints through the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the trader’s obligations, unless the trader indicates otherwise in writing.
7. If a complaint is found to be justified by the trader, the trader will, at its discretion, either replace or repair the products delivered free of charge.

Article 14 – Applicable law

Dutch law applies to these general terms and conditions, and in the event of legal proceedings about these general terms and conditions or in relation to this webshop, the Dutch court has jurisdiction.

Article 15 – Additional or differing provisions

Additional provisions or provisions differing from these general terms and conditions may not be to the consumer’s detriment and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.