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 - Obligations of the consumer during the reflection period
Article 8 - Exercise of the right of withdrawal by the consumer and associated costs
Article 9 - Obligations of the entrepreneur upon withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Performance and additional warranty
Article 13 - Delivery and execution
Article 14 - Duration transactions: duration, termination, and renewal
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or deviating provisions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
1. Additional contract: a contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are delivered by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;
2. Reflection period: the period during which the consumer can exercise their right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to their trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and supplied in digital form;
6. Continuous contract: a contract aimed at the regular supply of goods, services and/or digital content over a certain period;
7. Durable data carrier: any tool - including email - that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation or use for a period aligned with the purpose for which the information is intended, and that allows unchanged reproduction of the stored information;
8. Right of withdrawal: the consumer's option to cancel the distance contract within the reflection period;
9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services remotely to consumers;
10. Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, where up to and including the conclusion of the contract only or partly one or more distance communication techniques are used;
11. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I does not need to be provided if the consumer has no right of withdrawal regarding their order;
12. Distance communication technique: means that can be used to conclude an agreement without the consumer and entrepreneur having to be present in the same place at the same time.
Article 2 - Identity of the entrepreneur
Drakenbloedboom
Chamber of Commerce: 9187227
Drakenbloedboom.com
Email address: info@drakenbloedboom.com
If the entrepreneur's activity is subject to a relevant licensing system: the
information about the supervisory authority.
If the entrepreneur practices a regulated profession:
- the professional association or organization to which he is affiliated;
- the professional title, the place in the EU or the European Economic Area where it was awarded;
- a reference to the professional rules applicable in the Netherlands and instructions on where and how these professional rules can be accessed.
Article 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every remote agreement concluded between the entrepreneur and the consumer.
2. Before the remote agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the remote agreement is concluded how the general terms and conditions can be inspected at the entrepreneur and that they will be sent free of charge as soon as possible upon the consumer's request.
3. If the agreement is concluded remotely electronically, contrary to the previous paragraph and before the remote agreement is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent free of charge electronically or otherwise upon the consumer's request.
4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, paragraphs two and three apply accordingly, and the consumer can always invoke the applicable provision that is most favorable to them in case of conflicting conditions.
Article 4 - The offer
1. If an offer has a limited validity period or is made under conditions, this is explicitly stated in the offer.
2. The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are connected to the acceptance of the offer.
Article 5 - 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, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. Within legal frameworks, the entrepreneur may verify whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur has good reasons based on this investigation 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.
5. The entrepreneur will provide the following information to the consumer no later than upon delivery of the product, service, or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a. the visiting address of the entrepreneur’s establishment where the consumer can address complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about warranties and existing after-sales service;
d. the price including all taxes of the product, service, or digital content; where applicable, the delivery costs; and the method of payment, delivery, or performance of the distance contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a continuous performance contract, the provision in the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
For products:
1. The consumer can cancel an agreement regarding the purchase of a product within a cooling-off period of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for cancellation but cannot require the consumer to provide it.
2. The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
a. 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 they have clearly informed the consumer about this before the ordering process.
b. if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or part;
c. for contracts for regular delivery of products over a certain period: the day on which the consumer, or a third party designated by them, received the first product.
For services and digital content not supplied on a tangible medium:
3. The consumer can cancel a service contract and a contract for the supply of digital content not supplied on a tangible medium within at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal but may not require the consumer to provide their reason(s).
4. The reflection period mentioned in paragraph 3 starts on the day following the conclusion of the contract.
Extended reflection period for products, services, and digital content not supplied on a tangible medium if the right of withdrawal is not communicated:
5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original reflection period established in accordance with the previous paragraphs of this article.
6. If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original reflection period, the reflection period expires 14 days after the day the consumer received that information.
Article 7 - Obligations of the consumer during the reflection period
1. During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle is that the consumer may only handle and inspect the product as they would be allowed to do in a store.
2. The consumer is only liable for depreciation of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before or at the conclusion of the contract.
Article 8 - Exercise of the right of withdrawal by the consumer and associated costs
1. If the consumer exercises their right of withdrawal, they notify this within the reflection period by means of the model withdrawal form or in another unambiguous manner to the entrepreneur.
2. As soon as possible, but within 14 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 collect the product themselves. The consumer has observed the return period in any case if they return the product before the reflection period has expired.
3. The consumer returns the product with all delivered accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. 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 they will bear the costs themselves, the consumer does not have to bear the return costs.
6. If the consumer withdraws after expressly requesting that the performance of the service or the supply of gas, water, or electricity, which have not been made ready for sale in a limited volume or certain quantity, begins during the reflection period, the consumer owes the entrepreneur an amount proportional to the part of the obligation fulfilled by the entrepreneur at the time of withdrawal, compared to the full performance of the obligation.
7. The consumer bears no costs for the performance of services or the supply of water, gas, or electricity, which have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
a. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs upon withdrawal, or the model withdrawal form; or
b. the consumer has not expressly requested the start of the performance of the service or the supply of gas, water, electricity, or district heating during the reflection period.
8. The consumer bears no costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
a. he has not expressly agreed before delivery to the commencement of the performance of the contract before the end of the reflection period;
b. he has not acknowledged losing his right of withdrawal by giving his consent; or
c. the entrepreneur has failed to confirm this statement from the consumer.
9. If the consumer exercises their right of withdrawal, all additional agreements are automatically terminated.
Article 9 - Obligations of the entrepreneur upon withdrawal
1. If the entrepreneur enables the consumer to notify withdrawal electronically, they send a confirmation of receipt immediately after receiving this notification.
2. The entrepreneur reimburses all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait to refund until they have received the product or the consumer has demonstrated that they have sent the product back, whichever occurs first.
3. The entrepreneur uses the same payment method for the refund that the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
4. If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not required to refund the additional costs for the more expensive method.
Article 10 - Exclusion of the right of withdrawal
The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this at the offer, at least in time before concluding the agreement:
1. Products or services whose price is subject to fluctuations on the financial market beyond the entrepreneur’s control and which may occur within the withdrawal period;
2. Agreements concluded during a public auction. A public auction is understood as a sales method where 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 where the successful bidder is obliged to purchase the products, digital content, and/or services;
3. Service agreements, after full performance of the service, but only if:
a. the execution has started with the consumer's explicit prior consent; and
b. the consumer has declared that they lose their right of withdrawal as soon as the entrepreneur has fully performed the agreement;
4. Package tours as referred to in article 7:500 BW and passenger transport agreements;
5. Service agreements for the provision of accommodation, if the agreement specifies a certain date or period for execution and other than for residential purposes, goods transport, car rental services, and catering;
6. Agreements related to leisure activities, if the agreement specifies a certain date or period for their execution;
7. Products made according to the consumer's specifications, which are not prefabricated and are produced based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
10. Products that are irrevocably mixed with other products after delivery due to their nature;
11. Alcoholic beverages for which the price was agreed upon when the agreement was concluded, but delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the entrepreneur has no influence;
12. Sealed audio, video recordings, and computer software, where the seal has been broken after delivery;
13. Newspapers, magazines, or periodicals, except for subscriptions to these;
14. The delivery of digital content other than on a tangible medium, but only if:
a. the execution has started with the consumer's explicit prior consent; and
b. the consumer has declared that they thereby lose their right of withdrawal.
Article 11 - The price
1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur may offer products or services with prices tied to fluctuations in the financial market, over which the entrepreneur has no influence, at variable prices. This linkage to fluctuations and the fact that any stated prices are indicative prices are mentioned in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:
a. these are the result of legal regulations or provisions; or
b. the consumer has the right to terminate the agreement from the day the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
Article 12 - Performance of the agreement and additional warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of quality and/or usability, and the legal provisions and/or government regulations existing on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.
2. An additional warranty provided by the entrepreneur, their supplier, manufacturer, or importer never limits the legal rights and claims the consumer may assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill their part of the agreement.
3. An additional warranty means any commitment by the entrepreneur, their supplier, importer, or manufacturer granting the consumer certain rights or claims that go beyond what is legally required if the entrepreneur has failed to fulfill their part of the agreement.
Article 13 - Delivery and execution
1. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address the consumer has communicated to the entrepreneur.
3. Subject to the provisions in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
4. After termination in accordance with the previous paragraph, the entrepreneur will promptly refund the amount paid by the consumer.
5. 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 known to the entrepreneur, unless explicitly agreed otherwise.
Article 14 - Duration transactions: duration, termination, and renewal
Termination:
1. The consumer may terminate an agreement entered into for an indefinite period that involves the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement entered into for a fixed term that involves the regular delivery of products (including electricity) or services at any time at the end of the fixed term, observing the agreed termination rules and a notice period of no more than one month.
3. The consumer may terminate the agreements mentioned in the previous paragraphs:
- terminate at any time and not be limited to termination at a specific time or during a specific period;
- at least terminate in the same manner as they were entered into by the entrepreneur;
- always terminate with the same notice period as the entrepreneur has stipulated for themselves.
Extension:
4. An agreement entered into for a fixed term for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
5. Contrary to the previous paragraph, an agreement entered into for a fixed term for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months if the consumer can terminate this extended agreement near the end of the extension with a notice period of no more than one month.
6. An agreement entered into for a fixed term for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month. The notice period is at most three months if the agreement concerns the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
7. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not automatically renewed and ends automatically after the trial or introductory period.
Duration:
8. 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 15 - Payment
1. Unless otherwise specified in the agreement or additional terms, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or if there is no reflection period, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the consumer may never be required in general terms and conditions to prepay more than 50%. If prepayment is agreed upon, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed prepayment has been made.
3. The consumer has the duty to immediately report any inaccuracies in the provided or stated payment details to the entrepreneur.
4. If the consumer does not meet his payment obligation(s) on time, after being notified by the entrepreneur of the late payment and after the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligations, the consumer owes statutory interest on the outstanding amount after this 14-day period has passed without payment, and the entrepreneur is entitled to charge the extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500; and 5% on the next €5,000, with a minimum of €40. The entrepreneur may deviate from these amounts and percentages to the consumer's advantage.
Article 16 - Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. 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.
3. 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 an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
4. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.
Article 17 - Disputes
1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.
Article 18 - Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions must 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.
Annex I: Model withdrawal form
Model withdrawal form
(only fill in and return this form if you wish to withdraw from the agreement)
- To: [ entrepreneur name]
[ geografisch adres ondernemer]
[ faxnummer ondernemer, indien beschikbaar]
[ e-mailadres of elektronisch adres van ondernemer]
- I/We* hereby inform you that I/we* withdraw our agreement concerning
the sale of the following products: [product description]*
the delivery of the following digital content: [digital content description]*
the performance of the following service: [service description]*,
withdraws/withdrawn*
- Ordered on*/received on* [Datum]
- [Naam consumenten(en)]
- [Adres consument(en)]
- [Consumer signature(s)] (only when this form is submitted on paper)
- [Datum]
* Cross out what does not apply or fill in what does apply.
