STANDARD TERMS AND CONDITIONS OF SALE AND DELIVERY
of the private company with limited liability
having its registered office at Balgoij, the Netherlands
- Clause 1 – Definitions
- Clause 2 – Identity of the supplier
- Clause 3 – Applicability
- Clause 4 – Offers
- Clause 5 – The contract
- Clause 6 – Right of withdrawal
- Clause 7 – Costs in the event of withdrawal
- Clause 8 – Exclusion of the right of withdrawal
- Clause 9 – The price
- Clause 10 – Conformity and guarantee
- Clause 11 – Delivery and performance
- Clause 12 – Continuing performance contracts
- Clause 13 – Payment
- Clause 14 – Complaints procedure
- Clause 15 – Disputes
- Clause 16 – Additional or different provisions
CLAUSE 1 – DEFINITIONS
In these terms and conditions the following terms shall have following meanings:
1. Cooling-off period: the period within which the consumer can exercise his or her right of withdrawal;
2. Consumer: the natural person who does not act in the course of a profession or on behalf of a company and who enters into a distance contract with the supplier;
3. Day: calendar day;
4. Continuing performance contract: a distance contract concerning a series of products and/or services, under which the obligation to supply and/or obligation to purchase is spread over time;
5. Durable data carrier: any instrument which enables the consumer or supplier to store information addressed to him or her in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored.
6. Right of withdrawal: the entitlement of the consumer to cancel the distance contract during the cooling-off period;
7. Supplier: the natural or legal person who offers products and/or services to consumers at a distance;
8. Distance contract: any contract concerning products or services concluded between a supplier and a consumer under an organised distance sales or service-scheme run by the supplier, who, for the purpose of the contract makes exclusive use of one or more means of distance communication up to and including the moment at which the contract is concluded;
9. Means of distance communication: any means which can be used for the conclusion of a contract without the simultaneous physical presence of the supplier and the consumer.
CLAUSE 2 – IDENTITY OF THE SUPPLIER
Name: ForCurly B.V.
Business address: Hoeveweg 22, 6613 AE Balgoij, the Netherlands
Email address: firstname.lastname@example.org
Chamber of Commerce number: 66430771
VAT number: NL856549897B01
If the activities of the supplier are subject to a relevant licensing system: details of the regulatory authority:
If the supplier carries on a regulated profession:
– the professional association or organisation to which it belongs;
– the professional title, the place in the EU or EEA where this was granted;
– reference to the professional rules which apply in the Netherlands and instructions on where and how to access these professional rules.
CLAUSE 3 – APPLICABILITY
1. These standard terms and conditions apply to every offer made by the supplier and to every distance contract concluded between supplier and consumer.
2. Prior to the conclusion of the distance contract, a copy of these standard terms and conditions shall be made available to the consumer. If this is not reasonably possible, the consumer shall be advised, prior to the conclusion of the distance contract, that it is possible to inspect the standard terms and conditions at the supplier’s and if the consumer so requests, a copy will be sent to him or her free of charge as quickly as possible.
3. If the distance contract is concluded electronically, the text of these standard terms and conditions can, contrary to the provisions of the previous paragraph and prior to the conclusion of the distance contract, be made available to the consumer electronically in a manner which enables the consumer to store them easily in a durable data carrier. If this is not reasonably possible, the consumer shall be advised, prior to the conclusion of the distance contract, of where the standard terms and conditions can be inspected electronically and if the consumer so requests a copy shall be sent to him or her electronically or in another manner free of charge.
4. If, in addition to these standard terms and conditions, other specific product or service terms and conditions apply, the second and third paragraphs of the contract shall apply and in the event of conflicting standard terms and conditions the consumer can always invoke the applicable provision which is most beneficial to him or her.
CLAUSE 4 – THE OFFER
1. If the offer has a limited period of validity or is made subject to terms and conditions, this shall be expressly stated in the offer.
2. The offer includes a full and detailed description of the products and/or services offered. The description shall be sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the supplier uses images these shall be a true reflection of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the supplier.
3. Every offer must include sufficient information to enable the consumer to understand clearly what rights and obligations attach to acceptance of the offer. This concerns in particular:
o the price including tax;
o any delivery costs;
o the manner in which the contract will be concluded and what actions are required for this;
o whether or not the right of withdrawal applies;
o the method of payment, delivery and performance of the contract;
o the period of time for accepting the offer and the period of time during which the supplier warrants the price;
o what rate will be charged for communication at a distance if the costs of using the technology for communication at a distance are charged on a basis other than the normal basic rate for the means of communication used;
o whether the contract will be stored after its conclusion, and if so how the consumer is able to consult it;
o the manner in which the consumer, prior to the conclusion of the contract, can check and, if desired, correct the details he or she has provided in the context of the contract;
o any other languages, besides Dutch, in which the contract can be concluded;
o the codes of conduct that the supplier must observe and the electronic means by which the consumer is able to consult these codes of conduct; and
o the minimum duration of the distance contract in the case of a continuing performance contract.
CLAUSE 5 – THE CONTRACT
- Subject to the provisions of Clause 4, the contract is concluded when the consumer accepts the offer and fulfils the conditions attached to it.
- If the consumer has accepted the offer electronically, the supplier immediately confirms receipt of acceptance of the offer electronically. Until receipt of acceptance has been confirmed by the supplier, the consumer is able to terminate the contract.
- If the contract is concluded electronically, the supplier shall take suitable technical and organisational measures to safeguard the electronic transfer of data and shall ensure a safe and secure web environment. If the consumer is able to pay electronically, the supplier shall ensure that there are appropriate security measures in place.
- The supplier can – within the statutory parameters – enquire as to whether the consumer can fulfil his or her payment obligations, and also enquire into facts and factors which have a bearing on the responsible acceptance of the distance contract. If, on the basis of these enquiries, the supplier has good grounds for not entering into the contract, it is entitled to refuse an order or request or to attach special conditions to performance, giving reasons for this.
- The supplier shall send the following information, in writing or in such a manner that the consumer can easily store it in a durable data carrier, along with the product or service:
- the visiting address of the branch of the supplier to which the consumer can address any complaints;
- the terms and conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification of the exclusion of the right of withdrawal;
- information about warranties and existing post-purchase service;
- the details referred to in Clause 4 paragraph 3 of these standard terms and conditions, unless the supplier already provided them to the consumer prior to performance of the contract;
- the requirements for terminating the contract if the contract is for a period of more than one year or is of indefinite duration.
- In the case of a continuing performance contract, the provision of the previous paragraph shall only apply to the first delivery.
CLAUSE 6 – RIGHT OF WITHDRAWAL
1. When buying products, the consumer can terminate the contract within 14 days without giving any reasons. This cooling-off period comes into effect on the day after the consumer or a representative appointed beforehand by the consumer and made known to the supplier receives the product.
2. During the cooling-off period the consumer shall handle the product and packaging with care. He or she shall only unpack or use the product insofar as this is necessary to assess whether he or she wishes to keep the product. If he or she exercises his or her right of withdrawal, he or she shall return the product with all the accessories that have been delivered to the supplier and – if reasonably possible – in the original state and packaging, in accordance with the reasonable and clear instructions provided by the supplier.
CLAUSE 7 – COSTS IN THE EVENT OF WITHDRAWAL
1. If the consumer exercises his or her right of withdrawal, he or she shall only bear the costs of returning the product(s).
2. If the consumer has paid an amount, the supplier shall pay this back as quickly as possible, but no later than 30 days after the return of the product(s) or withdrawal.
CLAUSE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL
1. The supplier can exclude the right of withdrawal of the consumer insofar as the provisions of paragraphs 2 and 3 allow. Exclusion of the right of withdrawal applies only if the supplier has clearly indicated this in the offer, at least in good time before the conclusion of the contract.
2. Exclusion of the right of withdrawal is only possible for products:
- which have been made by the supplier in accordance with the consumer’s specifications;
- which are clearly personal in nature;
- whose nature precludes their return;
- which can go off or age quickly;
- whose price is subject to fluctuations in the financial market over which the supplier has no control;
- for individual newspapers and magazines;
- for audio and video recordings and computer software whose seals have been broken by the consumer.
3. Exclusion of the right of withdrawal is only possible for services:
- concerning accommodation, transport, a restaurant establishment or leisure activities on a certain day or during a certain period;
- whose delivery has commenced before the expiry of the cooling-off period with the express consent of the consumer;
- concerning bets and lotteries.
CLAUSE 9 – THE PRICE
1. With the exception of price changes resulting from increases in VAT rates, the prices of the products and/or services offered shall not be increased during the validity period stipulated in the offer.
2. Contrary to the provisions of the previous paragraph, the supplier can offer products or services whose prices are subject to fluctuations in the financial market and over which the supplier has no control, with variable prices. In this case, the offer shall state that any prices mentioned are guide prices only.
3. Price increases within 3 months of the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
4. Price increases 3 months after the conclusion of the contract are only allowed if the supplier has so stipulated and:
- they are the result of statutory regulations or provisions; or
- the consumer has the power to terminate the contract as of the date on which the price increase comes into effect.
5. The prices referred to in the offer of products and services include VAT.
CLAUSE 10 – CONFORMITY AND GUARANTEE
1. The supplier warrants that the products and/or services fulfil the contract, the specifications set out in the offer, the reasonable requirements of fitness for purpose and/or suitability and the existing statutory provisions and/or government regulations on the day on which the contract was concluded. If so agreed, the supplier also warrants that the product is fit for a particular use which is different from the normal use.
2. A warranty given by the supplier, manufacturer or importer does not affect the statutory rights and claims which the consumer can enforce against the supplier under the contract.
CLAUSE 11 – DELIVERY AND PERFORMANCE
1. The supplier shall take 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 shall be the address that the consumer has indicated to the supplier.
3. Subject to the provisions of Clause 4 of these standard terms and conditions, the company shall perform orders which have been accepted expeditiously but no later than 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if a delivery cannot be made or only partially made, the consumer shall be notified of this no later than 30 days after he or she placed the order. In that case the consumer is entitled to terminate the contract without incurring any costs and claim compensation.
4. In the event of termination, the supplier shall, in accordance with the previous paragraph, repay the amount that the consumer has paid as quickly as possible, but no later than 30 days after the termination.
5. If it emerges that a product which has been ordered cannot be delivered, the supplier shall endeavour to make a replacement item available. Clear and intelligible notification that a replacement item is being delivered shall be given no later than the time of delivery. It is not possible to exclude the right of withdrawal in the case of replacement items. The costs of any return shall be borne by the supplier.
6. The risk of damage and/or loss of products shall be borne by the supplier until the time of delivery to the consumer or a representative appointed beforehand by the consumer and made known to the supplier, unless expressly otherwise agreed.
CLAUSE 12 – CONTINUING PERFORMANCE CONTRACTS
1. The consumer can at all times terminate a contract which has been concluded for an indefinite period subject to the agreed termination provisions and a notice period not exceeding one month.
2. A contract which has been concluded for an indefinite period shall have a term of no more two years. If it has been agreed that the distance contract shall be extended with the tacit consent of the consumer, the contract shall be continued as a contract for an indefinite period and after continuation of the contract a notice period not exceeding one month shall apply.
CLAUSE 13 – PAYMENT
1. Insofar as not otherwise agreed payments owed by the consumer shall be paid within 14 days after the commencement of the cooling-off period referred to in Clause 6 paragraph 1. In the case of a contract for a service, this period shall commence after the consumer has received confirmation of the contract.
2. When selling products to consumers the standard terms and conditions may never stipulate an advance payment of more than 50%. When an advance payment is stipulated, the consumer cannot enforce any right concerning the performance of the order or service(s) in question, before the stipulated advance payment has been made.
3. The consumer shall immediately notify the supplier of any errors in the payment details which have been provided or specified.
4. In the event of non-payment by the consumer the supplier shall, subject to the statutory restrictions, be entitled to charge reasonable costs which have been notified to the consumer beforehand.
CLAUSE 14 – COMPLAINTS PROCEDURE
1. The consumer has a sufficiently well publicised complaints procedure at its disposal and handles complaints in accordance with this procedure.
2. Complaints about the performance of the contract must be fully and clearly described and submitted to the supplier within a reasonable time after the consumer discovered the faults.
3. Complaints submitted to the consumer shall be answered within 14 days of the date on which they were received. If a complaint requires a foreseeably longer period to process, the consumer will receive a message within 14 days acknowledging receipt of the complaint and indicating when he or she can expect a more detailed answer.
4. If the complaint cannot be solved by mutual consultation, there is a dispute which is subject to the dispute settlement rules.
CLAUSE 15 – DISPUTES
1. Contracts between the supplier and consumer which are subject to these standard terms and conditions shall be governed solely by Dutch law.
CLAUSE 16 ADDITIONAL OR DIFFERENT PROVISIONS
Provisions which are additional to or different from these standard terms and conditions may not disadvantage the consumer and shall be laid down in writing or in a manner that they can be easily stored by the consumer on a durable data carrier.