Terms and Conditions

Webshop Terms and Conditions

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 right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Continuing performance contracts: 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 terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Continuing performance contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
Model form: the model withdrawal form made available by the entrepreneur that a consumer can fill in when he wishes to exercise his 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 organised system set up by the entrepreneur for distance selling of products and/or services, in which, up to and including the moment the contract is concluded, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: a means that can be used for concluding a contract, without the consumer and entrepreneur being in the same place at the same time.
Terms and Conditions: these present Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Schreuder E-Commerce BV
Sterrenlaan 7
2743LW, Waddinxveen

T: +31 (0)182-756629 (weekdays from 9:00 AM to 6:00 PM)
M: info@schreuder-e-commerce.com

Chamber of Commerce number: 90228219
VAT identification number: NL865248965B01

Article 3 - Applicability

These terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, that the terms and conditions can be viewed at the entrepreneur's premises, and that they will be sent free of charge as quickly as possible at the consumer's request.
If the distance contract is concluded electronically, then notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the terms and conditions can be viewed electronically, and that they will be sent free of charge electronically or otherwise at the consumer's request.
In the event that, in addition to these terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly, and in the event of conflicting terms and conditions, the consumer may always invoke the applicable provision that is most favourable to him.
If one or more provisions of these terms and conditions are at any time wholly or partially void or voided, the remainder of the agreement and these terms and conditions remain in force, and the provision in question will be replaced without delay by mutual consultation with a provision that approximates the intent of the original as closely as possible.
Situations not covered by these terms and conditions must be assessed 'in the spirit' of these terms and conditions.
Ambiguities concerning the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these terms and conditions.

Article 4 - The offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur has the right to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or 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 dissolution of the agreement.
Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the colours shown exactly match the actual colours of the products.
Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

the price including taxes;
any delivery costs;
the way in which the agreement will be concluded and which actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the agreement;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement is archived after it is concluded, and if so, how it can be consulted by the consumer;
the way in which the consumer, before concluding the agreement, can check and, if desired, correct the data provided by him under the agreement;
any other languages, besides Dutch, in which the agreement can be concluded;
the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a continuing performance contract.

Article 5 - The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm 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 may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures to this end.
Within legal limits, the entrepreneur can find out whether the consumer can meet his payment obligations, as well as all facts and factors relevant for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to its execution.
The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

a. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal;
c. information about guarantees and existing service after purchase;
d. the information included in Article 4(3) of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the performance of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or an indefinite duration.

6. In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.
7. Every agreement is entered into subject to sufficient availability of the relevant products.

Article 6 - Right of withdrawal

On delivery of products:

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This cooling-off period commences on the day following receipt of the product by the consumer, or by a representative designated in advance by the consumer and made known to the entrepreneur.
During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep it. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and, if reasonably possible, in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur of this within 14 days of receiving the product. The consumer must make this notification using the model form. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of shipment.
If, after the periods referred to in paragraphs 2 and 3 have expired, the customer has not indicated that he wishes to exercise his right of withdrawal, or has not returned the product to the entrepreneur, the purchase is final.

On delivery of services:

When delivering services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting on the day the agreement is entered into.
To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 - Costs in case of withdrawal

If the consumer exercises his right of withdrawal, he will bear at most the costs of returning the goods.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after withdrawal. This is subject to the condition that the product has already been received back by the webshop, or conclusive proof of complete return can be provided. Refunds will be made using the same payment method used by the consumer, unless the consumer expressly consents to another payment method.
If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any resulting depreciation of the product.
The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, which must be done before concluding the purchase agreement.

Article 8 - Exclusion of right of withdrawal

1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been produced by the entrepreneur according to the consumer's specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that can spoil or age quickly;
e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for loose newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
h. for hygiene products of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a. relating to accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
b. the delivery of which has started, with the consumer's express consent, before the cooling-off period has expired;
c. relating to bets and lotteries.

Article 9 - The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market, over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations, and the fact that any prices stated are target prices, will be stated with the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after 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 cancel the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.
A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. Products must be returned 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 any 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 himself, or has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or otherwise handled carelessly, or handled contrary to the entrepreneur's instructions and/or the instructions on the packaging;
The defect 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 greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The delivery address is the address that the consumer has made known to the company.
Subject to what is stated about this in paragraph 4 of this article, the company will execute accepted orders with due speed but 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 receive notice of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.
All delivery periods are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation.
In the event 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 at the latest within 14 days after the dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur will endeavour to make a replacement item available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. For 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 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 12 - Continuing performance contracts: duration, termination and extension

Termination

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

terminate at any time and not be limited to termination at a specific time or during a specific period;
terminate in at least the same manner in which they were entered into;
always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension

An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.
Notwithstanding the previous paragraph, an agreement entered into for a definite period that extends to the regular delivery of daily, news and weekly papers and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month.
An agreement that has been entered into for a definite period and that extends to the regular delivery 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, and a notice period of no more than three months in the event the agreement extends to the regular, but less than monthly, delivery of daily, news and weekly papers and magazines.
An agreement with a limited duration for the regular delivery of daily, news and weekly papers and magazines for the purpose of introduction (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period expires.

Duration

If an agreement has a duration of more than one year, the consumer may, after one year, terminate the agreement at any time with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6(1). In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to statutory limitations, to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure

The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days, counting from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, this results in a dispute that is subject to the dispute resolution procedure.
In the event of complaints, a consumer should first contact the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur, and in the case of complaints that cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/leden/. If no solution has been reached, the consumer has the option to have his complaint handled by the independent dispute committee appointed by Stichting WebwinkelKeur, the ruling of which is binding, and both the entrepreneur and the consumer agree to this binding ruling. Costs are associated with submitting a dispute to this dispute committee, which must be paid by the consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its own discretion, replace or repair the delivered products free of charge.

Article 15 - Disputes

Agreements between the entrepreneur and the consumer to which these terms and conditions apply are exclusively governed by Dutch law. This also applies if the consumer resides abroad.
The Vienna Sales Convention does not apply.

Article 16 - Additional or deviating provisions

Additional provisions or provisions that deviate from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing, or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.

Contact details

If, after reading these Terms and Conditions, you have any questions, complaints or comments, please feel free to contact us in writing or by email.

Schreuder E-Commerce BV
Sterrenlaan 7
2743 LW Waddinxveen

T: 0182756629
M: info@schreuder-e-commerce.com

Chamber of Commerce number: 90228219
VAT number: NL865248965B01