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 the Event of Withdrawal
- Article 8 – Exclusion of the Right of Withdrawal
- Article 9 – The Price
- Article 10 – Conformity and Warranty
- Article 11 – Delivery and Execution
- Article 12 – Duration Transactions: Duration, Cancellation, 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 definitions apply:
- Cooling-off Period: the period within which the consumer can use their right of withdrawal;
- Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance agreement with the entrepreneur;
- Day: calendar day;
- Duration Transaction: a distance agreement related to a series of products and/or services, where the delivery and/or purchase obligation is spread over time;
- Durable Medium: any medium that enables the consumer or entrepreneur to store information directed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;
- Right of Withdrawal: the consumer’s ability to cancel the distance agreement within the cooling-off period;
- Model Form: the model form for withdrawal provided by the entrepreneur that a consumer can fill out when they want to exercise their right of withdrawal;
- Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
- Distance Agreement: an agreement in which, as part of a system organized by the entrepreneur for remote sales of products and/or services, only one or more techniques for communication at a distance are used until the agreement is concluded;
- Technique for Remote Communication: a means that can be used to conclude an agreement, without the consumer and entrepreneur being simultaneously in the same space;
- General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur White Bliss
Kruisbroederstraatje 17a
5211 GZ Den Bosch
info@whitebliss.store
Chamber of Commerce number: xxxx
VAT number: NL
Article 3 – Applicability
- These general terms and conditions apply to every offer by the entrepreneur and to every distance agreement and order concluded between the entrepreneur and consumer.
- Before concluding the distance agreement, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the general terms and conditions are available for inspection at the entrepreneur’s business and will be sent to the consumer free of charge upon request.
- If the distance agreement is concluded electronically, the text of these general terms and conditions can be made available electronically to the consumer before the agreement is concluded, in such a way that it can be easily stored on a durable medium. If this is not reasonably possible, it will be indicated before the agreement is concluded where the general terms and conditions can be electronically reviewed and that they will be sent free of charge upon request.
- In the event that, in addition to these general terms and conditions, specific product or service terms apply, the second and third paragraphs apply accordingly, and the consumer can always invoke the applicable provision that is most favorable to them in the case of conflicting terms.
- If one or more provisions of these general terms and conditions are wholly or partially invalid or are annulled, the agreement and these conditions shall remain in effect for the remainder and the relevant provision will be replaced by a provision that most closely approximates the original intention in mutual consultation.
- Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
- Ambiguities about the interpretation or content of one or more provisions of these terms and conditions should be explained 'in the spirit' of these general terms and conditions.
Article 4 – The Offer
- If an offer has a limited validity period or is made under conditions, this will be clearly stated in the offer.
- The offer is non-binding. The entrepreneur has the right to modify and adjust the offer.
- The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to make an informed judgment about the offer. If the entrepreneur uses images, they are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- All images, specifications, and information in the offer are indicative and cannot serve as grounds for compensation or cancellation of the agreement.
- Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
- Each offer contains sufficient information so that the consumer clearly understands what rights and obligations are associated with accepting the offer. This includes in particular:
- the price including taxes;
- any shipping costs;
- how the agreement will be concluded and what actions are required;
- whether or not the right of withdrawal applies;
- the method of payment, delivery, and execution of the agreement;
- the time frame for acceptance of the offer, or the time within which the entrepreneur guarantees the price;
- the rate for communication at a distance if the costs are based on something other than the regular base rate;
- whether the agreement will be archived after being concluded, and if so, how the consumer can access it;
- how the consumer can check and, if desired, correct the data provided by them before concluding the agreement;
- any other languages in which the agreement can be concluded besides Dutch;
- the codes of conduct the entrepreneur adheres to and how the consumer can access these codes electronically;
- the minimum duration of the distance agreement in the case of a duration transaction. Optional: available sizes, colors, types of materials.
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Here’s the continuation of the translation:
Article 14 - Complaints Procedure
- The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
- Complaints about the performance of the contract must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the 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 confirmation of receipt and an indication when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
Article 15 - Disputes
- Agreements between the entrepreneur and the consumer to which these general terms and conditions apply, are exclusively governed by Dutch law.
- Disputes between the consumer and the entrepreneur about the conclusion or performance of agreements related to products and services provided or to be provided by the entrepreneur can, with due observance of the provisions below, be submitted to the competent court in the consumer’s place of residence.
- The consumer has the option to submit disputes to the alternative dispute resolution organization (such as the Dutch Consumer Complaints Board), provided that this organization has been acknowledged and the entrepreneur is a member.
Article 16 - Additional or Deviating Provisions
- Additional or deviating provisions from these general terms and conditions can only be agreed upon in writing, and these provisions cannot affect the consumer’s statutory rights.
- If a provision in these general terms and conditions is invalid or unenforceable, the remaining provisions of these terms and conditions will remain in full force.