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 case of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Conformity and guarantee
Article 11 – Delivery and performance
Article 12 – Duration transactions: duration, termination, and extension
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or deviating provisions
Article 1 - Definitions
In these conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can make use of their right of withdrawal; Consumer: the natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur; Day: calendar day; Continuous transaction: a distance contract concerning a series of products and/or services, whereby the obligation of delivery and/or consumption is spread over time; Durable medium: any means that enables the consumer or entrepreneur to store information directed to them personally in a way that allows future access and unchanged reproduction of the stored information. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period; Model withdrawal form: the standard withdrawal form made available by the entrepreneur that a consumer can use when exercising their right of withdrawal. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance; Distance contract: a contract concluded within the framework of an organized system for distance selling of products and/or services by the entrepreneur, up to and including the conclusion of the contract, exclusively using one or more means of distance communication; Means of distance communication: any means that can be used for concluding a contract without the simultaneous physical presence of the consumer and the entrepreneur in the same space. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
TME Handelsonderneming
+31 6 82 07 01 18
Chamber of Commerce (KvK) number: 68107285
VAT identification number: NL865113397B01
Article 3 - Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer. Before the distance contract is concluded, 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 contract is concluded that the general terms and conditions are available for inspection at the entrepreneur’s premises and will be sent to the consumer free of charge upon request as soon as possible. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract 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 medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be reviewed electronically and that they will be sent to the consumer free of charge upon request by electronic means or otherwise. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, paragraphs two and three shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer may always invoke the most favorable applicable provision for them. If one or more provisions in these general terms and conditions are null and void or are annulled at any time, the agreement and these conditions will remain in force for the remainder, and the relevant provision will be replaced in consultation as soon as possible by a provision that approaches the scope of the original as much as possible. Situations not governed by these general terms and conditions shall be assessed in the ‘spirit’ of these general terms and conditions. Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted in the ‘spirit’ of these general terms and conditions.
Article 4 - The offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these represent a truthful depiction of the offered products and/or services. Clear mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Images accompanying products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer includes information that makes it clear to the consumer what rights and obligations are associated with accepting the offer. This specifically includes:
– the price including taxes;
– any shipping costs;
– the manner in which the agreement will be concluded and the actions required for that purpose;
– 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 the entrepreneur guarantees the price;
– the rate for remote communication if the costs for the use of remote communication technology are calculated on a basis other than the regular base rate for the used communication medium;
– whether the agreement will be archived after its conclusion, and if so, how the consumer can access it;
– how the consumer, before concluding the agreement, can check and, if desired, correct the data provided by them in the context of the agreement;
– any other languages in which, alongside Dutch, the agreement can be concluded;
– the codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes of conduct electronically; and
– the minimum duration of the distance agreement in the case of a continuous transaction.
Article 5 – The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions stated therein. If the consumer has accepted the offer electronically, the entrepreneur immediately confirms the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement. If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transmission of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take suitable security measures for this purpose. Within the legal framework, the entrepreneur may ascertain whether the consumer can meet their payment obligations, as well as all facts and factors essential for responsibly entering into the distance agreement. If, based on this examination, the entrepreneur has valid reasons not to enter into the agreement, they are entitled to refuse an order or request or to attach special conditions to its execution, supported by reasons. The entrepreneur will provide the consumer, with the product or service, the following information in writing or in such a way that the consumer can store it on a durable medium in an accessible manner: a. the visitation address of the entrepreneur’s establishment where the consumer can address complaints; b. the conditions and the method for the consumer to exercise their right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. information about warranties and existing post-purchase services; d. the data included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement; e. the termination requirements for the agreement if the agreement has a duration of more than one year or is of indefinite duration. In the case of a continuous transaction, the provision in the previous paragraph applies only to the initial delivery. Every agreement is concluded under the suspensive conditions of sufficient availability of the respective products.
Article 6 – Right of Withdrawal
For the delivery of products:
Upon purchasing products, the consumer has the option to dissolve the agreement without stating reasons within 14 days. This reconsideration period begins the day after the consumer receives the product or a previously designated representative, known to the entrepreneur. During this period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they decide to exercise their right of withdrawal, they will return the product with all supplied accessories, and if reasonably possible, in its original condition and packaging to the entrepreneur, following the reasonable and clear instructions provided by the entrepreneur. If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The consumer should do this via the model withdrawal form. After notifying the intent to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must provide evidence that the goods have been returned on time, for example, by means of proof of shipment. If, after the periods mentioned in paragraphs 2 and 3, the consumer has not indicated their intent to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is considered final.
For the delivery of services:
Upon the provision of services, the consumer has the option to dissolve the agreement without stating reasons for at least 14 days, starting from the day the agreement is concluded. To exercise their right of withdrawal, the consumer will adhere to the reasonable and clear instructions provided by the entrepreneur with the offer or, at the latest, upon delivery. If the product is damaged due to a lack of expertise, we cancel the right of withdrawal.
Article 7 – Costs in case of Withdrawal
If the consumer exercises their right of withdrawal, the maximum cost for the return will be borne by the consumer. If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible but no later than 14 days after the withdrawal. This is conditional upon the product being received by the web retailer or conclusive proof of complete return can be provided.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before the conclusion of the agreement. Exclusion of the right of withdrawal is only possible for products: a. that are created by the entrepreneur according to the consumer’s specifications; b. that are clearly of a personal nature; c. that cannot be returned due to their nature; d. that can quickly spoil or age; e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no control; f. for individual newspapers and magazines; g. for audio and video recordings and computer software where the consumer has broken the seal; h. for hygienic products where the consumer has broken the seal. i. If the product is damaged due to a lack of expertise, we cancel the right of withdrawal.
Exclusion of the right of withdrawal is only possible for services: a. concerning accommodation, transport, restaurant services, or leisure activities to be carried out on a specific date or during a specific period; b. where delivery has started with the express consent of the consumer before the withdrawal period has expired; c. relating to bets and lotteries.
Article 9 – The Price
Throughout the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates. In deviation from the previous section, the entrepreneur can offer products or services with prices linked to fluctuations in the financial market over which the entrepreneur has no influence at variable prices. The dependence on fluctuations and the fact that any prices mentioned are indicative will be specified in the offer. Price increases within 3 months after the conclusion of the agreement are only permitted if they result from legal regulations or provisions. Price increases occurring after 3 months from the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and: a. they result from legal regulations or provisions; or b. the consumer has the authority to terminate the agreement starting from the day the price increase takes effect.
The prices mentioned in the offer of products or services are inclusive of VAT. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of such errors, the entrepreneur is not obliged to deliver the product at the erroneous price.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s legal rights and claims against the entrepreneur based on the agreement. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 weeks of delivery. Return of the products must be in their original packaging and in new condition. The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for every individual application by the consumer, nor for any advice regarding the use or application of the products. The warranty does not apply if: The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties; The delivered products have been exposed to abnormal conditions or handled in an improper manner or contrary to the entrepreneur’s instructions and/or packaging instructions; The defectiveness is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
The entrepreneur will exercise the utmost care when receiving orders for products and assessing requests for service provision, as well as during their execution.
The address provided by the consumer to the company shall serve as the place of delivery.
Subject to the provisions of paragraph 4 of this article, the company will fulfill accepted orders promptly and at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this within 30 days of placing the order. In such a case, the consumer has the right to dissolve the agreement without incurring any costs. The consumer is not entitled to compensation in this instance.
All delivery times are indicative, and the consumer cannot derive any rights from any stated deadlines. Exceeding a deadline does not entitle the consumer to compensation.
In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If it turns out that delivery of an ordered product is impossible, the entrepreneur will make efforts to provide a replacement item. At the latest upon delivery, it will be clearly and understandably communicated that a replacement item is being provided. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.
The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a designated representative previously made known to the entrepreneur, unless explicitly agreed otherwise.
Article 12 – Long-Term Transactions: Duration, Termination, and Renewal
Termination
The consumer can terminate an agreement of indefinite duration and which concerns the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules with a notice period of up to one month. The consumer can terminate an agreement of definite duration, concerning the regular delivery of products (including electricity) or services, at the end of the specified duration, observing the agreed termination rules with a notice period of up to one month. For agreements mentioned in the preceding clauses: Termination is not limited to specific timing or periods and can be exercised at any time. Termination should occur in the same manner as the agreement was entered into. The termination notice period is at least the same as that agreed by the entrepreneur for themselves.
Renewal
An agreement of definite duration involving the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a specific duration. Contrary to the previous clause, an agreement of definite duration involving the regular delivery of daily, news, and weekly newspapers and magazines can be tacitly renewed for a duration of up to three months if the consumer can terminate this extended agreement at the end of the extension, observing a notice period of up to one month. An agreement of definite duration involving the regular delivery of products or services can only be tacitly extended for an indefinite duration if the consumer can terminate it at any time with a notice period of up to one month and a notice period of up to three months in case the agreement involves the regular, but less frequent than monthly, delivery of daily, news, and weekly newspapers and magazines. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly renewed and automatically ends at the end of the trial or introductory period.
Duration
If an agreement lasts for more than one year, the consumer can terminate it at any time after one year with a notice period of up to one month, unless fairness and reasonableness oppose termination before the agreed duration ends.
Article 13 – Payment
Unless agreed otherwise, the amounts owed by the consumer must be settled within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period commences after the consumer has received confirmation of the agreement. The consumer is obligated to report inaccuracies in provided or stated payment details to the entrepreneur without delay. In the event of the consumer’s default in payment, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs previously disclosed to the consumer.
Article 13 – Payment
Unless agreed otherwise, the amounts owed by the consumer must be settled within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period commences after the consumer has received confirmation of the agreement. The consumer is obligated to report inaccuracies in provided or stated payment details to the entrepreneur without delay. In the event of the consumer’s default in payment, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs previously disclosed to the consumer.
Article 14 – Complaints Procedure
The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this procedure. Complaints about the execution of the agreement must be submitted in full and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects. Complaints submitted to the entrepreneur are answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response. If the complaint cannot be resolved through mutual agreement, a dispute arises that is subject to dispute resolution. In the case of complaints, the consumer must first contact the entrepreneur. It is also possible to lodge 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 their discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad. The Vienna Sales Convention does not apply.
Article 16 – Additional or Deviating Provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be documented in writing or in a way that the consumer can store them in an accessible manner on a durable data carrier.