Article 1– Definitions
In these terms and conditions, the following terms are defined as stated below:
- Supplementary Agreement: an agreement under which the consumer acquires products, digital content and/or services in relation to a distance agreement and these products, digital content and/or services are supplied by the economic operator or by a third party on the basis of an agreement between that third party and the economic operator;
- Cooling-off Period: the period during which the consumer may exercise his right of withdrawal;
- Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
- Day: calendar day;
- Digital Content: data that is produced and supplied in digital form;
- Continuing Performance Agreement: an agreement that provides for the regular delivery of goods, services and/or digital content for a specified period;
- Durable Data Carrier: every tool – including email – that enables the consumer or economic operator to store information that is addressed to him personally, in a manner that makes future consultation or use possible for a period that is adequate for the purpose for which the information is intended, and which enables the unaltered reproduction of the stored information;
- Right of Withdrawal<}: the option of the consumer to withdraw from the Distance Agreement within the Cooling-Off Period;
- Economic Operator: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
- Distance Agreement: an agreement concluded between the economic operator and the consumer within the scope of an organised distance sale scheme of products, digital content and/or services, whereby one or more means of distance communication are used, exclusively or partially, until the conclusion of the agreement;
- Model form for withdrawal: the European model form for withdrawal included in Annex I to these Terms and Conditions. Annex I does not need to be provided if the consumer does not have a right of withdrawal with respect to his order;
- Means of distance communication: means that can be used for concluding an agreement, without the need for the consumer and economic operator to be in the same room at the same time.
Article 2 – Identity of the economic operator
Prodimed BV (registered name, possibly supplemented by a trade name);
Dragonder 14, 5554 GM Valkenswaard;
Telephone number: +31 (0)88 800 1300
Email address: email@example.com
Chamber of Commerce number: 17181478
VAT identification number: NL 814781718B01
If the economic operator’s activity is subject to a relevant licensing regime: the details of the supervisory authority.
If the economic operator practises a regulated profession:
- The professional association or organisation he is affiliated with;
- The professional title, the place in the EU or the European Economic Area where it is awarded;
- A reference to the professional rules that apply in the Netherlands and indications as to where and how these professional rules can be accessed.
Article 3 – Applicability
- These General Terms and Conditions shall apply to every offer made by the economic operator and to every distance agreement concluded between the economic operator and the consumer.
- Before the distance agreement is concluded, the consumer shall be provided with a copy of these General Terms and Conditions. If this is not reasonably possible, the economic operator shall specify, prior to concluding the distance agreement, how the General Terms and Conditions can be inspected at the economic operator’s premises and that, at the consumer’s request, they will be sent free of charge without delay.
- If the distance agreement is concluded electronically, in derogation from the previous paragraph and before the distance agreement is concluded, the text of these General Terms And Conditions may be provided to the consumer in electronic form in such a manner that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it shall be specified prior to the conclusion of the distance agreement where the General Terms and Conditions can be consulted electronically and that they will be sent free of charge to the consumer, at his request, either electronically or in another manner.
- In the event that specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply by analogy and, in the event of conflicting conditions, the consumer may at all times invoke the applicable provision that is most favourable to him.
Article 4 – The offer
- If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.
- The offer shall contain a complete and accurate description of the products, digital content and/or services offered. The description shall be sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the economic operator uses images, these must be a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer shall not be binding on the economic operator.
- Each offer shall include all necessary information clearly setting forth the consumer’s rights and obligations related to accepting the offer.
Article 5 – The agreement
- The agreement shall enter into force, subject to the provisions of paragraph 4, once the consumer accepts the offer and fulfils the associated conditions.
- If the consumer has accepted the offer electronically, the economic operator shall immediately confirm receipt of electronic acceptance of the offer. As long as receipt of this acceptance has not been confirmed by the economic operator, the consumer may dissolve the agreement.
- If the agreement is concluded electronically, the economic operator shall implement appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the economic operator shall observe appropriate safety measures.
- The economic operator may, within legal frameworks, inquire as to whether the consumer is able to fulfil his payment obligations, as well as inquire after all facts and factors that are material for duly concluding the distance agreement. If, on the basis of this inquiry, the economic operator has good reasons not to enter into the agreement, it shall have the right to justifiably refuse an order or request, or to attach special conditions to the performance thereof.
- No later than upon delivery of the product, service or digital content, the economic operator shall send the consumer the following information in writing or in such a manner allowing the consumer to store it in an accessible manner on a durable data carrier:
- the visiting address of the economic operator’s business establishment where the consumer may lodge complaints;
- the conditions subject to which and the manner in which the consumer may exercise his right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information on warranties and existing after-sales service;
- the price, including all taxes, of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance agreement;
- the requirements for cancellation of the agreement if the duration of the agreement exceeds one year or is indefinite.
- if the consumer has a right of withdrawal, the model form for withdrawal.
- In the event of a continuing performance agreement, the provision in the previous paragraph shall apply only to the first delivery.
Article 6 – Right of withdrawal
In the case of products:
- The consumer may dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without stating reasons. The economic operator may ask the consumer about the reason for withdrawal, but may not oblige the consumer to state his reason(s).
- The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance and who is not the carrier, has received the product, or:
- if the consumer has ordered several products in the same order: the day on which the consumer, or a third party it has designated, has received the last product. The economic operator may refuse an order for multiple products with a different delivery time, provided it has clearly informed the consumer thereof prior to the order process.
- if delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party it has designated, has received the last shipment or the last part;
- in the case of agreements for regular deliveries of products during a certain period: the day on which the consumer, or a third party it has designated, has received the first product.
For services and digital content not supplied on a tangible medium:
- The consumer may terminate a service contract and a contract for delivery of digital content not supplied on a tangible medium during a minimum period of 14 days without stating reasons. The economic operator may ask the consumer about the reason for withdrawal, but may not oblige the consumer to state his reason(s).
- The cooling-off period referred to in paragraph 3 commences on the day following the conclusion of the agreement.
Extended cooling-off period for products, services and digital content which is not supplied on a tangible medium in the event that the consumer is not informed about the right of withdrawal:
- If the economic operator has not provided the consumer with the legally required information regarding the right of withdrawal or the model form for withdrawal, the cooling-off period shall expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
- If the economic operator has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period shall end 14 days after the day the consumer received this information.
Article 7 – Obligations of the consumer during the cooling-off period
- During the cooling-off period, the consumer shall carefully handle the product and the packaging. He shall only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic assumption is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
- The consumer shall only be liable for impairment of the product that is the consequence of handling the product in a manner that goes beyond what is allowed according to paragraph 1.
- The consumer shall not be liable for impairment of the product if the economic operator has not provided him with all legally required information about the right of withdrawal prior to or upon concluding the agreement.
Article 8 – Exercising the right of withdrawal by the consumer and related costs
- If the consumer exercises his right of withdrawal, he shall notify the economic operator thereof within the cooling-off period by means of the model form for withdrawal or in any other unambiguous manner.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorised representative of) the economic operator. This is not necessary if the economic operator has offered to collect the product. In any case, the consumer shall have complied with the return period if he returns the product before the cooling-off period has expired.
- The consumer shall return 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 economic operator.
- The consumer bears the risk and burden of proof that the right of withdrawal has been exercised in a correct and timely manner.
- The consumer shall bear the direct costs of returning the product. If the economic operator has not communicated that these costs shall be at the expense of the consumer or if the economic operator indicates that it will bear the costs, the consumer shall not bear the costs of return shipment.
- If the consumer exercises his right of withdrawal after first having explicitly requested that the performance of the service or the supply of gas, water or electricity, which are not prepared for sale in a limited volume or set quantity, shall commence during the cooling-off period, the consumer shall owe the economic operator an amount proportionate to that part of the commitment fulfilled by the economic operator at the time of withdrawal compared to the full extent of the commitment.
- The consumer shall not bear any costs associated with the performance of services or the supply of water, gas or electricity, which are not ready for sale in a limited volume or quantity, or for the supply of district heating, if:
- the economic operator has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of expenses in case of withdrawal or the model form for withdrawal, or;
- the consumer has not expressly requested commencement of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.
- The consumer shall bear no costs for the complete or partial delivery of digital content that is not supplied on a tangible medium if:
- prior to delivery, he has not expressly consented to commencement of the performance of the agreement before the end of the cooling-off period;
- he has not acknowledged losing his right of withdrawal when giving his consent; or
- the economic operator has failed to confirm this declaration by the consumer.
- If the consumer exercises his right of withdrawal, all additional agreements shall be dissolved by operation of law.
Article 9 – Obligations of the economic operator in the event of withdrawal
- If the economic operator enables the consumer to report the withdrawal electronically, the former shall send a confirmation of receipt of this report without delay.
- The economic operator shall reimburse all payments made by the consumer, including any delivery costs charged by the economic operator for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the economic operator offers to collect the product, he may defer reimbursement until he has received the product or until the consumer proves that he has returned the product, whichever comes first.
- The economic operator shall use the same means of payment as the consumer has used for reimbursement, unless the consumer agrees to a different method. Reimbursement shall be free of charge for the consumer.
- If the consumer has opted for a method of delivery that is more expensive than the cheapest standard delivery, the economic operator shall not be required to refund the additional costs associated with the more expensive method.
Article 10 – Exclusion of right of withdrawal
The economic operator may exclude the following products and services from the right of withdrawal, but only if the economic operator clearly stated this fact when making the offer, or at least in good time prior to conclusion of the agreement:
- Products or services of which the price is linked to financial market fluctuations the economic operator has no influence on and which can occur within the withdrawal period;
- Agreements that have been concluded at a public auction. A public auction is defined as a method of sale whereby products, digital content and/or services are offered by the economic operator to the consumer who is present in person or has the option to be present in person at the auction, led by an auctioneer and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
- Service contracts, after full performance of the service, but only if:
- the performance has commenced with the consumer’s explicit prior consent; and
- the consumer has declared that he loses his right of withdrawal once the economic operator has fully performed the agreement;
- Package holidays within the meaning of Section 7:500 of the Dutch Civil Code and passenger transport agreements;
- Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, transport of goods, car rental services and catering;
- Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance;
- Products made to the consumer’s specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed products not suitable for return due to reasons of health protection or hygiene and of which the seal has been broken after delivery;
- Products which, after delivery, are inseparably mixed with other products due to their nature;
- Alcoholic beverages, the price of which has been agreed upon conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which is dependent on market fluctuations that are beyond the control of the economic operator;
- Sealed audio, and video recordings and computer software, the seal of which has been broken after delivery;
- Newspapers, magazines or journals, with the exception of subscriptions to these;
- The delivery of digital content other than on a tangible medium, but only if:
- the performance has commenced with the consumer’s explicit prior consent; and
- the consumer has declared that in doing so he loses his right of withdrawal.
Article 11 – The price
- The prices of the products and/or services offered shall not be increased during the period of validity stated in the offer, except for price changes due to changes in VAT rates.
- Notwithstanding the previous paragraph, the economic operator may offer products or services the prices of which are subject to financial market fluctuations that are beyond the economic operator’s control, at variable prices. The offer shall state this effect of fluctuations and the fact that any prices specified are recommended prices.
- Price increases within 3 months after the conclusion of the agreement shall only be allowed if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement shall only be allowed if stipulated by the economic operator and:
- they are the result of statutory regulations or provisions; or
- the consumer is authorised to terminate the agreement on the day on which the price increase takes effect.
- The prices stated in the offer of products or services are inclusive of VAT.
Article 12 – Performance of the agreement and additional warranties
- The economic operator warrants that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of adequacy and/or suitability and the statutory provisions and/or government regulations current on the date of the conclusion of the agreement. If agreed, the economic operator shall also warrant that the product is suitable for other than normal use.
- An additional warranty provided by the economic operator, its supplier, manufacturer or importer shall never limit the legal rights and claims the consumer may enforce against the economic operator on the basis of the agreement if the economic operator has failed to fulfil his part of the agreement.
- Additional warranty shall be understood to mean any commitment from the economic operator, its supplier, importer or manufacturer in which the economic operator grants the consumer certain rights or claims beyond its legal obligation in case it has failed to fulfil its part of the agreement.
Article 13 – Delivery and performance
- The economic operator shall take the utmost care when receiving and executing orders of products and when assessing applications for the provision of services.
- The place of delivery shall be the address the consumer has communicated to the economic operator.
- With due observance of the provisions in Article 4 of these General Terms and Conditions, the economic operator shall execute accepted orders with appropriate haste but at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed or if an order cannot be executed or can only partially be executed, the consumer shall be informed thereof at the latest 30 days after having placed the order. In that case, the consumer shall have the right to dissolve the agreement free of charge and shall be entitled to possible compensation.
- After dissolution in accordance with the previous paragraph, the economic operator shall refund the amount paid by the consumer without delay.
- The risk of damage and/or loss of products shall rest with the economic operator up to the moment of delivery to the consumer or a representative designated in advance and communicated to the economic operator, unless otherwise expressly agreed.
Article 14 – Continuing performance agreement: duration, termination and renewal
- The consumer may terminate an agreement entered into for an indefinite period, which provides for the regular delivery of goods (including electricity) or services at all times, with due observance of applicable termination rules and a notice period of one month.
- The consumer may terminate a fixed-term agreement that provides for the regular delivery of goods (including electricity) or services at any time at the end of the fixed term, with due observance of applicable termination rules and a notice period of one month.
- With respect to the agreements referred to in the previous paragraphs, the consumer may:
- terminate these at all times and shall not be limited to termination at a specific time or in a specific period;
- at least cancel these in the same manner as entered into by him;
- terminate these at all times with due observance of the same notice period as the economic operator has stipulated for himself.
- A fixed-term agreement that provides for the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.
- Notwithstanding the preceding paragraph, a fixed-term agreement for the regular supply of daily or weekly newspapers or magazines may be tacitly renewed for a maximum period of three months, if the consumer has the right to terminate the renewed agreement at the end of the renewal period, with due observance of a notice period not exceeding one month.
- A fixed-term agreement for the regular supply of products or services may only be tacitly renewed for an indefinite period if the consumer has at all times the right to terminate it, with due observance of a notice period not exceeding one month. If the agreement provides for the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines, the maximum notice period shall be three months.
- A fixed-term agreement for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly renewed and shall terminate at the end of the trial or introductory period.
- The consumer may terminate an agreement with a term exceeding one year at any time after one year, with due observance of a notice period not exceeding one month, unless reasonableness and fairness dictate otherwise.
Article 15 – Payment
- Unless otherwise provided for in the agreement or additional conditions, the amounts owed by the consumer shall be paid within 14 days after commencement of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In case of an agreement for the provision of a service, this period shall commence on the day after the consumer has received confirmation of the agreement.
- When selling products to consumers, the consumer may never be required to pay more than 50% in advance by virtue of any general terms and conditions. Where advance payment is stipulated, the consumer may not invoke any rights whatsoever regarding the performance of the relevant order or service(s) before the stipulated advance payment has been made.
- The consumer shall be obliged to to immediately inform the economic operator of inaccuracies in payment data provided or specified.
- If the consumer fails to fulfil his payment obligations(s) on time, he shall, after the economic operator has notified him of the late payment and granted the consumer a period of 14 days to still comply with his payment obligations and after payment has not been made within this 14-day period, owe statutory interest on the amount due and the economic operator shall be entitled to charge extrajudicial collection costs he has incurred. These collection costs amount to a maximum of: 15% on outstanding amounts of up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000, with a minimum of € 40. The economic operator may deviate from the amounts and percentages referred to in this article for the benefit of the consumer.
Article 16 – Complaints procedure
- The economic operator shall have a sufficiently communicated procedure for complaints and shall handle the complaint in accordance with this complaints procedure.
- Complaints about the implementation of the agreement must be submitted to the economic operator fully and clearly described within a reasonable time after the consumer has discovered the defects.
- Complaints submitted to the economic operator shall be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the economic operator shall reply within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed reply.
- The consumer shall give the economic operator at least four weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute settlement procedure.
Article 17 – Disputes
- Agreements between the economic operator and the consumer to which these General Terms and Conditions apply, shall be exclusively governed by Dutch law.
Article 18 – Privacy
Our privacy statement can be consulted on our website.
Article 19 – Additional or deviating provisions
Additional provisions or provisions deviating from these General Terms and Conditions may not be to the detriment of the consumer and shall be recorded in writing or in such a manner that the consumer can store them in an accessible manner on a durable data carrier.