Terms of service
Article 1 – The Online Store
1.1 These are the general terms and conditions of:
IndNed BV
Binnenhof 62 B
1412 LC Naarden
The Netherlands
T (085) 060-1998
E info@ezwlz.com
Chamber of Commerce 88780961
VAT number NL864776718B01
1.2 To keep these terms and conditions easy to understand, the following terms have a fixed meaning:
|
Term |
Meaning: |
|
Consumer |
The Customer acting for purposes outside his business or professional activity |
|
Right of Withdrawal |
The right of a Consumer to terminate a distance contract or an off-premises contract without giving reasons, as referred to in Article 230o of the Dutch Civil Code |
|
Customer |
Anyone (including legal entities) who enters into an Agreement with the Online Store; |
|
Agreement |
Any contractual relationship between the Online Store and the Customer; |
|
Online Store |
The party referred to in Article 1.1. |
1.3 In these general terms and conditions, the Online Store and the Customer are jointly referred to as “We” or “Us”. The terms “You” and “Your” refer to the Customer.
Article 2 – Applicability
2.1 These general terms and conditions apply to every offer made by the Online Store and to every Agreement between You and the Online Store. Any terms and conditions used by You do not apply. This is only different if the Online Store has confirmed this to You expressly and in writing.
2.2 If any provision in these general terms and conditions is void or voidable, all other provisions shall remain in full force and effect. In that case, We will make new arrangements together to replace the void or voidable provision(s). The intent of the new provision(s) must correspond as closely as possible to the intent of the original provision(s).
2.3 If anything in the Agreement differs from these general terms and conditions, what is stated in the Agreement shall prevail. In that way, we can also make arrangements that deviate from these general terms and conditions. However, arrangements that deviate from these general terms and conditions shall only apply if the Online Store has confirmed them to You expressly and in writing.
Article 3 – Offers
3.1 Every offer made by the Online Store is without obligation and may be accepted by You within the period stated in the offer. If You do not do so, the offer shall lapse. If no period is stated, a period of 14 days shall apply. It is not possible to accept or reject only part of an offer made by the Online Store. In that case as well, the entire offer shall lapse.
3.2 The Online Store ensures that an offer accurately and fully describes the products and/or (digital) content and services to which the offer relates. If the offer contains graphic elements (such as images or videos), these provide a truthful representation of those products and/or (digital) content and services.
3.3 If an offer contains an obvious mistake or error (such as a typographical or calculation error), the Online Store shall not be bound by the offer.
Article 4 – Performance of the Agreement and delivery
4.1 You have an Agreement with the Online Store from the moment You have accepted the Online Store’s offer and have complied with the requirements stated by the Online Store in that respect. You will receive confirmation thereof from the Online Store within a reasonable period after the Agreement has been concluded, in any event upon delivery of the goods or before the service is performed. That confirmation contains:
o all information referred to in Article 230m(1) of the Dutch Civil Code, unless You have already received this from the Online Store on a durable medium before concluding the Agreement; and
o where applicable: confirmation of the explicit prior consent and the declaration referred to in Article 230p under g of the Dutch Civil Code;
As long as You have not yet received the above confirmation, You may terminate the Agreement.
4.2 The Online Store will do its best to perform the Agreement as carefully and quickly as possible and to deliver the orders placed by You as soon as possible. In any event, the Online Store will do so within 30 days after the Agreement has been concluded, unless another delivery period has been agreed. If the Online Store fails to deliver within that period, You may terminate the Agreement.
4.3 Deliveries are made to the address You have provided to the Online Store. If that address is outside the Netherlands, the Online Store has the right to refuse Your order without owing any compensation.
4.4 The Online Store carefully determines who within its organisation is designated to perform the Agreement. The Online Store may also engage third parties for this purpose, such as subcontractors and/or assistants. The party engaged by the Online Store to deliver ordered products will be disclosed to You in advance. If products are lost or damaged during that delivery, this shall be at the Online Store’s risk. This is only different if You have expressly agreed otherwise with the Online Store.
4.5 All data which the Online Store has indicated are necessary for the performance of the Agreement, or which You should reasonably understand to be necessary, must be provided by You to the Online Store in a timely manner. If You fail to do so, the Online Store may, among other things, suspend performance of the Agreement. In addition to the right to suspend the Agreement, the Online Store may continue to exercise any other rights it may have.
Article 5 – Prices
5.1 If You are a Consumer, the prices and rates stated by the Online Store are inclusive of surcharges, levies and taxes (such as VAT) and inclusive of additional costs (such as any shipping and administrative costs). If You are not a Consumer, the basic principle is that prices are stated excluding VAT and other levies, unless expressly stated otherwise with the price.
5.2 Products and/or services whose price is subject to fluctuations in the financial market(s) over which the Online Store has no control may be offered by the Online Store at variable prices. The Online Store will then state this clearly with the price.
5.3 The Online Store has the right to implement price changes within 3 months after the Agreement has been concluded, insofar as these are the result of changes in legislation and regulations. If more than 3 months have passed after the Agreement has been concluded, the Online Store also has the right to pass on increases in delivery, transport, shipping, call-out and administrative costs to You.
5.4 If You are a Consumer, in the case of the price increases referred to in Article 5.3, You have the right to terminate the Agreement. If You are not a Consumer, You only have the right to terminate the Agreement if the increase amounts to more than 5% of the agreed total price, unless the Online Store offers to bear the price difference itself (insofar as it exceeds the said 5%).
Article 6 – Payment
6.1 You are obliged to pay the Online Store’s invoices within 14 days after concluding the Agreement, unless You have agreed otherwise with the Online Store. Are You a Consumer? Then under the law the Online Store may not require You to pay more than 50% of the price in advance.
6.2 If You are a Consumer, You will only be in default in the performance of payment obligations if the Online Store has given You notice of default and granted a reasonable period of at least 14 days (commencing on the day after receipt of the said notice of default) to still fulfil Your payment obligations and You have also failed to pay within that 14-day period. In that case You also owe statutory interest and compensation for extrajudicial collection costs. The extrajudicial collection costs amount to (with a minimum of € 40):
- 15% on outstanding amounts up to € 2,500;
- 10% on the next € 2,500;
- 5% on the next € 5,000;
- 1% on the next € 190,000;
- 0.5% on the remainder.
6.3 If You are not a Consumer, You may not set off, suspend and/or reduce payments to the Online Store and You will be immediately in default if You fail to make a payment to the Online Store on time. In that case, the Online Store also has the right to charge the statutory commercial interest from the invoice due date until the day You have paid in full. For this, the Online Store does not first need to demand payment from You or give notice of default. The Online Store may also continue to exercise any other rights it may have against You.
6.4 Payments made by You shall first be applied to interest and costs due. Subsequently, they shall be applied to the due and payable invoices that have been outstanding the longest.
6.5 In the event of liquidation, dissolution, bankruptcy or suspension of payments of the Customer, and if the Customer wholly or partly loses the free administration or free disposal of its assets, the Customer’s (payment) obligations shall become immediately due and payable.
Article 7 – Warranties
7.1 The Online Store ensures that the products and/or services it supplies to You comply with the Agreement. This means, among other things, that those products and/or services conform to what You could reasonably expect of them based on the type of item and the statements made by the Online Store about them. For example, with regard to quantities, the size and/or the weight of a product. The products and/or services supplied by the Online Store to You also comply with the laws and regulations applicable at the time the Agreement is concluded. If You are not a Consumer, the Online Store may make different or additional arrangements with You.
7.2 If You are a Consumer, any additional warranties granted to You by the Online Store shall never limit consumers’ statutory rights. You may therefore always rely on Your statutory consumer rights.
Article 8 – Intellectual property rights
8.1 The intellectual property rights, including copyrights, to all offers, designs, images, drawings and models provided to You by the Online Store shall remain vested in the Online Store, unless the Online Store has expressly agreed otherwise with You in writing. Documents, data and materials provided to You by the Online Store are intended solely for use by You as the Customer and may not be reproduced, disclosed or brought to the attention of third parties without the Online Store’s prior written consent, unless otherwise follows from the nature of such documents, data and materials.
Article 9 – Right of Withdrawal
9.1 If You are a Consumer and there is a distance contract or an off-premises contract (as referred to in Article 6:230g of the Dutch Civil Code), You may exercise the Right of Withdrawal. This means that You may terminate the Agreement without giving reasons within a period of 14 days. This 14-day period starts at the following times:
a. in the case of an Agreement relating to the purchase of a movable item:
On the day on which You, or a third party designated by You (who is not the carrier), has received the product, unless:
- The same order consists of multiple items delivered separately, or the delivery consists of different consignments or parts. In that case, the relevant day is the day on which the last item, consignment or part was received by You or a third party designated by You (who is not the carrier);
- the Agreement provides for the regular delivery of products during a specific period, in which case the relevant day is the day on which the first item was received by You or a third party designated by You (who is not the carrier);
b. in the case of an agreement for the provision of services:
On the day on which the Agreement is concluded.
c. in the case of an agreement for the supply of water, gas or electricity that has not been made ready for sale in a limited volume or specific quantity, of district heating or of digital content other than on a tangible medium:
On the day on which the Agreement is concluded.
9.2 To exercise the Right of Withdrawal, You must inform the Online Store by means of an unequivocal statement that You are exercising the Right of Withdrawal. For this purpose, You may use the withdrawal form You receive from the Online Store. The withdrawal form is also attached to these general terms and conditions. You must send the statement before the period referred to in Article 9.1 has expired.
9.3 If You have not yet received the withdrawal form from the Online Store, the 14-day period referred to in paragraph 1 of this article shall be extended until the moment You do receive the withdrawal form, but at the latest by twelve months.
9.4 If You exercise the Right of Withdrawal, You must:
- handle any goods received and their packaging with care. You may only unpack or use those goods (products) to the extent necessary to determine the nature, characteristics and functioning of the goods. If You handle the goods in any other way, You shall be liable for any depreciation in value of the goods caused thereby, unless the Online Store failed to provide You, before or upon concluding the Agreement, with all legally required information about the Right of Withdrawal;
- return the goods (the product) to the Online Store within 14 days, calculated from the day after the day on which You made the statement referred to in Article 9.2.
The direct costs of returning an item shall be borne by You, but only if the Online Store informed You of this before the Agreement was concluded.
If the product is damaged or the packaging is more damaged than necessary to try the product, we may charge you for this reduction in the product’s value. Please handle the product with care and make sure it is properly packaged when returned.
9.5 If You exercise the Right of Withdrawal, the Agreement shall be terminated. This also applies to any supplementary Agreements. In that case, the Online Store will refund the payments You have made to the Online Store, including any costs (for example for delivery). The Online Store will in any event do so within 14 days after the day on which You made the statement referred to in Article 9.2.
9.6 You bear the risk and the burden of proof for the correct and timely exercise of the Right of Withdrawal.
Article 10 – Exclusion of the Right of Withdrawal
10.1 If You are not a Consumer, You may not exercise the Right of Withdrawal. This also applies if You have received a withdrawal form.
10.2 If You are a Consumer, then – contrary to Article 9 – You may not exercise the Right of Withdrawal if:
- the Online Store has excluded the Right of Withdrawal; and
- the Online Store informed You clearly about the exclusion of the Right of Withdrawal before the Agreement was concluded; and
- the excluded Right of Withdrawal relates to:
o an Agreement where the price of the goods or services is subject to fluctuations in the financial markets over which the Online Store has no control and which may occur within the withdrawal period;
o an Agreement where You have specifically requested the Online Store to visit You in order to carry out urgent repairs or maintenance there, with the exception of:
. additional services which You did not expressly request;
. the supply of goods other than those necessary to carry out the maintenance or repairs;
o an Agreement concluded at a public auction;
o an Agreement for the provision of services, after full performance of the Agreement, and insofar as the Agreement entails a payment obligation for You, if:
. performance has begun with Your express prior consent; and
. You have declared that You waive the Right of Withdrawal once the Online Store has fully performed the Agreement;
o an Agreement for the provision of services relating to the provision of accommodation other than for residential purposes, transport of goods, car rental services, catering and services relating to leisure activities, if the Agreement provides for a specific date or period of performance;
o a consumer purchase (as referred to in Article 5(1)(a) of Book 7 of the Dutch Civil Code) relating to:
. the supply of goods manufactured according to Your specifications, which are not prefabricated and which are made on the basis of an individual choice or decision by You, or which are clearly intended for a specific person;
. the supply of goods that spoil quickly or have a limited shelf life;
. the supply of goods that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
. the supply of goods which, after delivery, are by their nature irrevocably mixed with other goods;
. the supply of alcoholic beverages whose price was agreed upon at the time the consumer purchase was concluded, but whose delivery can only take place after thirty days, and whose actual value depends on market fluctuations over which the Online Store has no control;
. the supply of audio and video recordings and computer software whose seal has been broken after delivery;
. the supply of newspapers, periodicals or magazines, with the exception of an agreement for the regular delivery of such publications;
o an Agreement for the supply of digital content not supplied on a tangible medium, insofar as performance has begun, and insofar as the Agreement entails a payment obligation for You, if:
. performance has begun with Your express prior consent;
. You have declared that by doing so You waive the Right of Withdrawal; and
. the Online Store has provided a confirmation as referred to in Article 230t(2), or Article 230v(7) of Book 6 of the Dutch Civil Code.
Article 11 – Termination
11.1 If the Agreement may be terminated, termination must take place in accordance with the termination rules and notice period agreed between You and the Online Store.
11.2 If You are a Consumer, the following rules and periods apply to termination. The Online Store may not deviate from these to Your detriment as a Consumer:
o If the Agreement has been entered into for an indefinite period and concerns the regular delivery of goods, including electricity, heat and cold, or the regular performance of services, You have the right to terminate the Agreement at any time.
o If the Agreement has been entered into for a definite period and concerns the regular delivery of goods, including electricity, heat and cold, or the regular performance of services, You have the right to terminate the Agreement at the end of the fixed term. However, if that Agreement has been tacitly extended, You may terminate the Agreement at any time.
o The notice period is at most one month, unless the Agreement concerns the regular delivery of magazines, daily newspapers, news publications and/or weekly newspapers, where delivery takes place less than once a month. In that case, the notice period is at most three months.
o If the Agreement has been entered into for a definite period and concerns the regular delivery of goods, including electricity, heat and cold, or the regular performance of services, the Agreement may not be tacitly extended or renewed for a definite term, unless the Agreement concerns the regular delivery of magazines, daily newspapers, news publications and/or weekly newspapers. In the latter case, the Agreement may be tacitly extended for a definite term of at most three months, and You have the right to terminate the Agreement at the end of the extension with a notice period of at most one month.
o An Agreement for the delivery of magazines, daily newspapers, news publications and/or weekly newspapers that has a limited duration and is intended as an introduction (a trial subscription) shall not be tacitly continued and shall end automatically (without notice) at the end of the (limited) duration of the Agreement (the trial period).
o Any Agreement lasting longer than one year may be terminated by You at any time after the first year, unless reasonableness and fairness oppose termination before the end of the agreed term.
11.3 If You are not a Consumer, You may only terminate the Agreement if this is expressly provided in the Agreement and in accordance with the termination rules and notice periods specified therein.
Article 12 – Personal data
12.1 The Online Store processes personal data only in accordance with applicable laws and regulations. This means, among other things, that:
o the Online Store only processes personal data insofar as that processing can be based on one of the legal grounds set out in Article 6 of the General Data Protection Regulation (GDPR);
o the Online Store ensures appropriate technical and organisational measures to properly secure the personal data it processes;
o the Online Store will only share personal data with third parties if this is compatible with the purpose for which the data was collected and if all (other) legal requirements applicable to sharing personal data have been met;
o personal data will not be retained longer than necessary for the purposes for which they were collected, unless the Online Store is legally required to retain the data for longer;
o You have, among other things, the right to access, correct, erase and restrict the processing of Your personal data, to object to processing or – where applicable – to transfer data;
Article 13 – Complaints
13.1 The Online Store has a clear complaints procedure. The Online Store handles every complaint in accordance with this complaints procedure.
13.2 If You have a complaint about the performance of the Agreement, You must submit it to the Online Store fully and clearly described within two months after You discovered the defect.
13.3 The Online Store will respond as far as possible within 14 days after receipt of the complaint. If a complaint requires a longer processing time, You will receive, within the aforementioned 14-day period, an acknowledgment of receipt stating at least when You can expect a more detailed response.
13.4 In the event of complaints, You must always first approach the Online Store and investigate whether the Online Store can offer You an appropriate solution. If the Online Store is affiliated with WebwinkelKeur and the parties cannot resolve the matter between themselves, You may contact WebwinkelKeur (www.webwinkelkeur.nl). WebwinkelKeur mediates free of charge. You can check whether the Online Store has an active membership via https://www.webwinkelkeur.nl/ledenlijst/.
13.5 If mediation by WebwinkelKeur does not lead to a solution, You may also submit the complaint to the independent dispute committee designated by WebwinkelKeur. If You choose to do so, costs may be charged to You.
Article 14 – Governing law and forum
14.1 The Agreement shall be governed exclusively by Dutch law.
14.2 In addition to the possibility of using the complaints procedure described in Article 13, You may submit disputes to the court. In those cases, the court of the district in which the Online Store is established shall have jurisdiction to hear the dispute, to the exclusion of other competent courts and arbitration. Unless, on the basis of a mandatory provision of law, a court in another place has jurisdiction.
Appendix 1: Model withdrawal form:
Withdrawal form
(only complete and return this form if you wish to withdraw from the Agreement)
To:
EZWLZ Service
Rinaldostraat 2
6953 CP, Dieren The Netherlands
info@ezwlz.com
I/We (*) hereby give notice that I/we (*) withdraw from our Agreement concerning the sale of the following goods / provision of the following service (*)
Ordered on (*):
Received on (*):
Name(s) of Consumer(s):
Address of Consumer(s):
Signature of Consumer(s) (only if this form is submitted on paper)
Date:
(*) Fill in or strike through
– End –