Terms and Conditions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Supplementary Agreement: An agreement in which the consumer acquires products, digital content, and/or services in connection with a distance contract, and these are supplied by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur.
Cooling-Off Period: The period within which the consumer can exercise their right of withdrawal.
Consumer: The natural person who does not act for purposes related to their trade, business, craft, or profession.
Day: Calendar day.
Digital Content: Data produced and supplied in digital form.
Continuous Agreement: An agreement for the regular supply of goods, services, and/or digital content over a certain period.
Durable Medium: Any tool—including email—that allows the consumer or entrepreneur to store information addressed to them in a way that enables future consultation or use for a period appropriate to the purpose for which the information is intended and allows unchanged reproduction of the stored information.
Right of Withdrawal: The consumer's option to withdraw from the distance contract within the cooling-off period.
Entrepreneur: The natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content, and/or services remotely to consumers.
Distance Contract: A contract concluded between the entrepreneur and the consumer in the context of an organized system for remote sales of products, digital content, and/or services, where exclusive or partial use is made of one or more means of distance communication up to and including the conclusion of the contract.
Withdrawal Form: The European model withdrawal form included in Annex I of these terms; Annex I does not need to be provided if the consumer has no right of withdrawal regarding their order.
Means of Distance Communication: A method that can be used to conclude an agreement without the consumer and entrepreneur having to be physically present in the same location simultaneously.

Article 2 - Identity of the Entrepreneur

Business Name: De Notengroep

Trading as:

De Nootsaeck

Business Address: Hamsestraat 64a

Phone Number: 0488 234 766

Availability: Monday to Friday from 09:00 to 17:30

Email Address: [email protected]

Chamber of Commerce Number: 89514254

VAT Number: NL004449674B3

Article 3 - Applicability

These general terms and conditions apply to every offer made by 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 is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate how the general terms and conditions can be viewed at the entrepreneur's premises before the distance contract is concluded and that they will be sent free of charge to the consumer upon request.
If the distance contract is concluded electronically, in deviation from the previous paragraph and before the contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be stored easily on a durable medium. If this is not reasonably possible, the entrepreneur will indicate before concluding the contract where the terms can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.
If, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis, and the consumer can always invoke the most favorable applicable provision in case of conflicting conditions.

Article 4 - The Offer

If an offer has a limited validity period or is made under certain conditions, this will be explicitly stated in the offer.
The offer includes 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 will be a true representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Each offer contains information that makes it clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 - The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the stipulated conditions.
If the consumer has accepted the offer electronically, the entrepreneur will confirm receipt of the acceptance electronically without delay. As long as this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a safe web environment. If the consumer can make electronic payments, the entrepreneur will take appropriate security measures.
Within legal limits, the entrepreneur may inquire whether the consumer can meet their payment obligations, as well as all facts and factors that are important for responsibly concluding the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request or attach special conditions to its execution.
The entrepreneur shall provide the consumer, at the latest upon delivery of the product, service, or digital content, with the following information in writing or in such a way that the consumer can store it on a durable medium:

a. The visiting address of the entrepreneur’s business location where the consumer can address complaints; b. The conditions and manner in which the consumer can exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded; c. Information about warranties and existing after-sales service; d. The price, including all taxes, of the product, service, or digital content; any applicable delivery costs; and the method of payment, delivery, or execution of the distance contract; e. The conditions for terminating the agreement if it has a duration of more than one year or is indefinite; f. If the consumer has a right of withdrawal, the model withdrawal form.
In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of Withdrawal

For Products:

The consumer may dissolve an agreement concerning the purchase of a product within a 14-day cooling-off period without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal but may not oblige them to provide one.
The cooling-off period referred to in paragraph 1 starts on the day the consumer, or a third party designated by the consumer who is not the carrier, receives the product, or:

a. If the consumer has ordered multiple products in the same order: the day on which the consumer or their designated third party receives the last product. The entrepreneur may refuse an order for multiple products with different delivery times, provided they inform the consumer clearly prior to the order process. b. If the delivery of a product consists of several shipments or parts: the day on which the consumer or their designated third party receives the last shipment or part. c. For agreements concerning the regular delivery of products over a specified period: the day on which the consumer or their designated third party receives the first product.

For Services and Digital Content Not Delivered on a Tangible Medium:

The consumer may dissolve a service contract and a contract for the supply of digital content not delivered on a tangible medium within 14 days without stating reasons. The entrepreneur may ask for the reason for withdrawal but may not require one.
The cooling-off period mentioned in paragraph 3 begins on the day following the conclusion of the agreement.

Extended Cooling-Off Period for Non-Disclosure of Withdrawal Rights:

If the entrepreneur has not provided the legally required information about the right of withdrawal or the withdrawal form, the cooling-off period expires twelve months after the original cooling-off period ended.
If the entrepreneur provides the information referred to in the previous paragraph within twelve months of the original cooling-off period start date, the cooling-off period will expire 14 days after the consumer receives the information.

Article 7 - Obligations of the Consumer During the Cooling-Off Period

During the cooling-off period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The guiding principle is that the consumer may only handle and inspect the product in the same manner as they would be allowed to do in a physical store.
The consumer is liable only for any diminished value of the product resulting from handling the product beyond what is permitted in paragraph 1.
The consumer is not liable for any reduction in value of the product if the entrepreneur has not provided all legally required information regarding the right of withdrawal before or at the time of concluding the agreement.

Article 8 - Exercise of the Right of Withdrawal by the Consumer and Associated Costs

If the consumer exercises their right of withdrawal, they shall notify the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unequivocal manner.
As soon as possible, but no later than 14 days after the notification referred to in paragraph 1, the consumer shall return the product or hand it over to the entrepreneur (or an authorized representative). This does not apply if the entrepreneur has offered to collect the product themselves. The consumer meets the return deadline if they return the product before the cooling-off period has expired.
The consumer shall return the product with all supplied accessories, in its original condition and packaging whenever reasonably possible, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
The consumer shall bear the direct costs of returning the product unless the entrepreneur has not informed them that they need to bear these costs, or if the entrepreneur agrees to bear them.
If the consumer withdraws after having expressly requested that the provision of a service or the supply of gas, water, or electricity not prepared for sale in a limited volume or set quantity begin during the cooling-off period, the consumer shall owe the entrepreneur an amount proportionate to the part of the obligation that has been fulfilled at the time of withdrawal, compared to full performance of the obligation.
The consumer shall not bear any costs for the performance of services or the supply of water, gas, or electricity, which are not prepared for sale in a limited volume or quantity, or for district heating if:

a. The entrepreneur has not provided the consumer with the legally required information regarding the right of withdrawal, cost reimbursement upon withdrawal, or the withdrawal form; or b. The consumer has not explicitly requested the commencement of the execution of the service or supply of gas, water, electricity, or district heating during the cooling-off period.
The consumer shall not bear any costs for the full or partial supply of digital content not delivered on a tangible medium if:

a. They have not expressly agreed to the commencement of the performance of the agreement before the end of the cooling-off period; b. They have not acknowledged losing their right of withdrawal by giving their consent; or c. The entrepreneur has failed to confirm this declaration from the consumer.
If the consumer exercises their right of withdrawal, any supplementary agreements shall be automatically dissolved by operation of law.

Article 9 - Obligations of the Entrepreneur in Case of Withdrawal

If the entrepreneur enables the consumer to notify withdrawal electronically, they shall immediately send a confirmation of receipt upon receiving this notification.
The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without undue delay and no later than 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 delay reimbursement until they have received the product or until the consumer provides proof of return, whichever comes first.
The entrepreneur shall use the same payment method for reimbursement that the consumer used, unless the consumer agrees to a different method. The reimbursement shall be free of charge for the consumer.
If the consumer has chosen a delivery method more expensive than the cheapest standard delivery, the entrepreneur is not required to reimburse 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 they have clearly stated this in the offer, or at least before concluding the agreement:

Products or services whose price depends on fluctuations in the financial market that the entrepreneur cannot influence and which may occur within the withdrawal period.
Agreements concluded at a public auction. A public auction is a sales method where products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or given the opportunity to be personally present at the auction, led by an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services.
Service contracts, after full execution of the service, but only if:

a. The execution started with the consumer's explicit prior consent; and b. The consumer has acknowledged that they will lose their right of withdrawal once the entrepreneur has fully executed the agreement.
Package travel as defined in Article 7:500 of the Dutch Civil Code and contracts for passenger transport.
Service contracts for the provision of accommodation, if the agreement specifies a specific date or period of performance, and not for residential purposes, goods transport, car rental services, and catering.
Agreements related to leisure activities, if the agreement provides for a specific date or period of performance.
Products manufactured according to the consumer’s specifications, which are not prefabricated and are made based on an individual choice or decision of the consumer, or which are clearly intended for a specific person.
Products that deteriorate rapidly or have a limited shelf life.
Sealed products that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery.
Products that, after delivery, are irrevocably mixed with other products by their nature.
Alcoholic beverages whose price was agreed upon at the time of the agreement but whose delivery can only take place after 30 days and whose actual value depends on market fluctuations beyond the entrepreneur’s control.
Sealed audio, video recordings, and computer software whose seal has been broken after delivery.
Newspapers, periodicals, or magazines, except for subscriptions.
The delivery of digital content not supplied on a tangible medium, but only if:

a. The execution has begun with the consumer’s explicit prior consent; and b. The consumer has acknowledged that they will lose their right of withdrawal as a result.

Article 11 - The Price

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.
In deviation from the previous paragraph, the entrepreneur may offer variable prices for products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence. These fluctuations and the fact that any stated prices are target prices shall be mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they result from statutory regulations or provisions.
Price increases after 3 months from the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

a. They result from statutory regulations or provisions; or b. The consumer has the right to terminate the agreement as of the day the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.

Article 12 - Compliance with the Agreement and Additional Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and usability, and existing legal provisions and/or government regulations on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.
Any additional warranty provided by the entrepreneur, their supplier, manufacturer, or importer shall never limit the legal rights and claims that the consumer may assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill their part of the agreement.
An additional warranty means any obligation of the entrepreneur, their supplier, importer, or manufacturer in which they grant the consumer certain rights or claims that go beyond what is legally required in case they fail to fulfill their part of the agreement.

Article 13 - Delivery and Execution

The entrepreneur shall take the utmost care when receiving and executing product orders and when assessing applications for service provision.
The place of delivery is the address that the consumer has provided to the entrepreneur.
Subject to what is stated in Article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders with due speed but no later than 30 days unless another delivery period has been agreed upon. If the delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer will be informed no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement free of charge and is entitled to any applicable compensation.
After termination in accordance with the previous paragraph, the entrepreneur shall promptly refund the amount paid by the consumer.
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 made known to the entrepreneur, unless expressly agreed otherwise.

Article 14 - Duration Transactions: Duration, Termination, and Renewal

Termination:

The consumer may terminate an agreement entered into for an indefinite period, which provides for the regular delivery of products (including electricity) or services, at any time with due observance of agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement entered into for a fixed period, which provides for the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term with due observance of agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:

a. At any time and shall not be restricted to termination at a specific time or period; b. At least in the same manner as they were entered into; c. Always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal:

A fixed-term agreement for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.
By way of deviation from the previous paragraph, a fixed-term agreement 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, provided the consumer can terminate this extended agreement at the end of the extension period with a notice period of no more than one month.
A fixed-term agreement for the regular supply 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.
A trial or introductory subscription for newspapers, news, and weekly publications shall not be tacitly renewed and will automatically end after the trial period.

Article 15 - Payment

Unless otherwise specified in the agreement or supplementary conditions, amounts due by the consumer must be paid within 14 days from the commencement of the cooling-off period, or if no cooling-off period applies, within 14 days from the conclusion of the agreement. In the case of a service agreement, this term starts the day after the consumer receives confirmation of the agreement.
When selling products to consumers, the general terms and conditions may never require an advance payment of more than 50%. If an advance payment has been agreed upon, the consumer may not assert any rights regarding the execution of the order or service(s) before the agreed advance payment has been made.
The consumer has the obligation to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
If the consumer does not fulfill their payment obligation(s) on time, they will be notified by the entrepreneur of the late payment and given a 14-day period to still fulfill their payment obligations. If payment is not made within this 14-day period, the consumer is liable for statutory interest on the outstanding amount and the entrepreneur is entitled to charge any extrajudicial collection costs. These collection costs shall not exceed:
- 15% on outstanding amounts up to €2,500;
- 10% on the next €2,500;
- 5% on the next €5,000, with a minimum of €40. The entrepreneur may deviate from these amounts and percentages in favor of the consumer.

Article 16 - Complaints Procedure

If a consumer has a complaint, they should first contact the entrepreneur. If the webshop is affiliated with WebwinkelKeur and a dispute cannot be resolved mutually, the consumer may contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Consumers can check if the webshop has an active membership via https://www.webwinkelkeur.nl/ledenlijst/. If no resolution is reached, the consumer has the option to submit their complaint to the independent disputes committee appointed by WebwinkelKeur. The committee’s decision is binding, and both the entrepreneur and consumer agree to abide by this binding decision. There may be costs associated with submitting a dispute to the disputes committee, which the consumer must pay. Additionally, complaints can be filed via the European ODR platform (http://ec.europa.eu/odr).

Article 17 - Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
Disputes between the consumer and the entrepreneur regarding the formation or execution of agreements for products and services provided by the entrepreneur can be submitted to the Thuiswinkel Disputes Committee, Postbus 90600, 2509 LP The Hague (www.sgc.nl), by either the consumer or the entrepreneur, subject to the provisions below.
A dispute will only be handled by the Disputes Committee if the consumer has first submitted their complaint to the entrepreneur within a reasonable period.
If the complaint does not lead to a resolution, the dispute must be submitted to the Disputes Committee no later than 12 months after the consumer submitted the complaint to the entrepreneur, either in writing or in another form determined by the Committee.
If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. Preferably, the consumer informs the entrepreneur first.
If the entrepreneur wishes to submit a dispute to the Disputes Committee, the consumer must respond in writing within five weeks after receiving the request from the entrepreneur, indicating whether they agree or prefer the dispute to be handled by the competent court. If the consumer does not respond within five weeks, the entrepreneur is entitled to submit the dispute to the competent court.
The Disputes Committee issues a decision under the conditions established in its regulations (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The committee's decisions are binding.
The Disputes Committee will not handle a dispute or will terminate its proceedings if the entrepreneur has been granted suspension of payments, has been declared bankrupt, or has effectively ceased business operations before the dispute has been handled in a hearing and a final decision has been made.
If, besides the Thuiswinkel Disputes Committee, another recognized or affiliated disputes committee under the Dutch Foundation for Consumer Complaints Boards (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Thuiswinkel Disputes Committee has primary jurisdiction for disputes related to remote sales or services. For all other disputes, another recognized disputes committee under SGC or Kifid shall have jurisdiction.

Article 18 - Industry Guarantee

Thuiswinkel.org guarantees compliance with binding decisions made by the Thuiswinkel Disputes Committee by its members, unless the member submits the binding decision for judicial review within two months of its issuance. If the binding decision is upheld after judicial review and the ruling becomes final, Thuiswinkel.org will pay the consumer up to €10,000 per binding decision. If the amount exceeds €10,000, Thuiswinkel.org will pay €10,000, and for the remaining amount, it will make an effort to ensure the member complies with the decision.
To invoke this guarantee, the consumer must submit a written request to Thuiswinkel.org and transfer their claim against the entrepreneur to Thuiswinkel.org. If the claim exceeds €10,000, the consumer may transfer their claim above €10,000 to Thuiswinkel.org, which will then seek payment in court on behalf of the consumer.

Article 19 - Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions may not disadvantage the consumer and must be recorded in writing or in a manner that allows the consumer to store them accessibly on a durable medium.