Terms and Conditions

General Terms and Conditions

 

Contents:

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The contract

Article 6 - Right of cancellation

Article 7 - Obligations of the consumer during the cooling-off period

Article 8 - Exercise of the right of withdrawal by the consumer and related costs

Article 9 - Obligations of the trader in the event of cancellation

Article 10 - Exclusion of the right of cancellation

Article 11 - The price

Article 12 - Compliance and additional guarantee

Article 13 - Delivery and execution

Article 14 - Permanent transactions: Duration, cancellation and renewal of the contract

Article 15 - Payment

Article 16 - Settlement of complaints

Article 17 - Disputes

Article 18 - Industry guarantee Thuiswinkel.org (Shopping Secure)

Article 19 - Supplementary or derogating provisions

Article 20 - Amendment of the General Terms and Conditions

 

Article 1 - Definitions

The following definitions apply in these General Terms and Conditions:

  1. Accessory contract: an additional contract for the purchase and delivery of products, digital content and/or services under a distance contract by the consumer or trader or a third party on the basis of an agreement between that third party and the trader;
  2. Cooling-off period: the period within which the consumer can make use of his right of cancellation;
  3. Consumer: the natural person who is not acting in the exercise of his trade, business, craft or profession;
  4. Day: the calendar day;
  5. Digital content: Data that is produced and provided in digital form;
  6. Continuing performance contract: a contract for the regular delivery of goods and/or digital content or the regular provision of services over a certain period of time;
  7. Durable medium: any means - including e-mail - that enables the consumer or trader to store data that is addressed to him personally in such a way that it can be referred to in the future or used and reproduced unchanged for a period of time that corresponds to the intended purpose of the data;
  8. Right of cancellation: the possibility for the consumer to cancel the distance contract within the cooling-off period;
  9. Entrepreneur: as described in Article 2, the legal entity that offers or provides digital content and/or services to consumers via distance selling;
  10. Distance contract: a contract between the entrepreneur and the consumer in which, within the framework of an organised system for distance selling of goods, digital content and/or services, distance communication technology(ies) is (are) also or exclusively used up to the conclusion of the contract;
  11. Model withdrawal form: the EU model withdrawal form contained in Annex I to these Terms and Conditions; Annex 1, does not have to be provided if the consumer does not have a right of withdrawal based on his order;
  12. Distance communication technique: a means that can be used to conclude contracts without the trader and the consumer having to be in the same room at the same time.

 

Article 2 - Identity of the entrepreneur

Smith & Sinclair BV
Rijnkade 14
1382 GS Weesp
The Netherlands

Email: info@smithandsinclair.com
 Tel: +31 (0) 294 414093 Monday to Friday 09:00-17:00

Sales tax identification number:NL861734622B01
Chambre of Commerce Amsterdam: 80609589

Managing Directort: L.E.J Wegewijs

 

If the contractor's activity is subject to a relevant licence system: Details

to the supervising authority.

 

Article 3 - Applicability

  1. These General Terms and Conditions apply to all distance selling offers made by the trader and to every distance selling contract concluded between the trader and the consumer.
  2. By visiting our website and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions, including any additional terms and conditions and policies referenced herein and/or available by hyperlink. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the Website, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services.
  3. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will - before the distance contract is concluded - indicate how the general terms and conditions can be viewed at the entrepreneur and will send them free of charge as soon as possible at the request of the consumer.
  4. If the distance contract is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically before the distance contract is concluded, in deviation from the previous paragraph, so that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent on request - electronically or otherwise - free of charge.
  5. If - in addition to these general terms and conditions - specific terms and conditions for goods or services also apply, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting terms and conditions, the consumer may always invoke the applicable provision that is most favourable to him.

 

Article 4 - The offer

  1. If an offer has a limited period of validity or is subject to certain conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the goods, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to make a good judgement of the offer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered.
  3. Every offer must contain the information necessary to make it clear to the consumer what rights and obligations are associated with the acceptance of the offer.
  4. Obvious oversights or obvious errors in the offer shall not bind the contractor.
  5. We reserve the right to restrict or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Article 5 - The contract

  1. The customer places the selected products in the shopping basket. The customer can change the entered data and products at any time during the ordering process before a binding order is placed.
  2. The customer places a binding order for the products/services contained in the shopping basket by clicking on the button provided for this purpose.
  3. The offers and article presentations do not constitute a binding offer. Only your order is a binding offer in accordance with § 145 of the German Civil Code (BGB), which we can accept. After sending the order, we will first send you an order confirmation by e-mail. The order confirmation is not an acceptance of the customer's purchase offer. A contract is only concluded by the declaration of acceptance (in the form of an order confirmation or dispatch confirmation), which is sent in a separate e-mail, at the latest when the goods are dispatched to the customer.
  4. If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures.
  5. The trader can - within the legal framework - obtain information about whether the consumer can fulfil his payment obligations, as well as about all facts and factors that are important for a reasonable conclusion of the distance contract. If, on the basis of this examination, the entrepreneur has good reasons not to enter into the contract, he is entitled to refuse an order or enquiry, stating reasons, or to attach special conditions to its fulfilment.
  6. The trader must send the following information to the consumer at the latest with the delivery of the product, service or digital content, in writing or in such a way that this information is accessible to the consumer and can be permanently stored by him:
  7. the visiting address of the trader's establishment to which the consumer can address complaints;
  8. the conditions under which the consumer may exercise the right of withdrawal and how to do so, or a clear statement that the right of withdrawal is excluded;
  9. the information regarding warranty and after-sales service available after purchase;
  10. the price including all applicable taxes for the goods, the service or the digital content; if applicable, also the delivery costs as well as the method of payment and delivery and information on the fulfilment of the distance contract;
  11. the requirements for contract cancellation if the contract has a term of more than one year or is open-ended;
  12. if the consumer has a right of cancellation, the model cancellation form.
  13. In the case of a recurring transaction, the provision in the previous paragraph only applies to the first delivery.

 

Article 6 - Right of cancellation

For goods:

  1. The consumer has the option of cancelling the contract for the purchase of goods within a cooling-off period of at least 14 days without giving reasons. The trader is entitled to ask the consumer for the reason for cancellation, but cannot oblige the consumer to state his reasons.
  2. The cooling-off period referred to in paragraph 1 expires 14 days after the day on which the product is delivered to the consumer or to a third party other than the carrier designated in advance by the consumer and made known to the trader,
  3. if an order placed by the consumer comprises several products, on the day on which the consumer or a third party instructed by him received the last product. Provided that he has clearly informed the consumer in advance of the order, the trader is entitled to refuse an order of goods with different delivery times.
  4. if the delivery of goods consists of several deliveries or parts, on the day on which the consumer or a third party instructed by him received the last delivery or the last part;
  1. in the case of regular deliveries of goods within a certain period of time, on the day on which the consumer or a third party instructed by him received the first goods.

 

For services and digital content that is not delivered on a physical data carrier:

  1. The consumer has the option of cancelling a service contract and a contract for the supply of digital content that is not supplied on physical data carriers within at least 14 days without giving reasons. The trader is entitled to ask the consumer for the reason for cancellation, but cannot oblige the consumer to state his reasons.
  2. The cooling-off period referred to in paragraph 3 begins one day after the day on which the contract is concluded.

 

Extension of the cooling-off period for goods, services and digital content not supplied on a physical data carrier in the event of failure to provide cancellation instructions:

  1. If the trader has not informed the consumer of his statutory right of cancellation or has not provided him with the model cancellation form, the cooling-off period shall be extended by twelve months following the original cooling-off period stipulated in the preceding paragraphs.
  2. If the entrepreneur provides the consumer with the information referred to in the previous paragraph within twelve months from the start date of the original cooling-off period, the cooling-off period is limited to 14 days, starting on the day after the consumer has received this information.

 

Article 7 - Obligations of the consumer during the cooling-off period

  1. During this period, the consumer must handle the goods and packaging with care. He shall only unpack or use the goods to the extent necessary to assess the nature, characteristics and function of the goods. In doing so, the consumer shall only handle and inspect the goods in the same way as would be permitted in a shop.
  2. The consumer is only liable for the loss of value of the goods resulting from non-compliance with the restrictions referred to in paragraph 1 of this article.
  3. The consumer is not liable for the loss of value of the goods if the trader has not provided him with all legally required information about the right of cancellation before or at the time of conclusion of the contract.

 

Article 8 - Exercise of the right of withdrawal by the consumer and related costs

  1. If the consumer wishes to make use of his right of cancellation, this must be reported to the trader within the cooling-off period using the model cancellation form or in another unambiguous manner.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall arrange for the product to be returned or hand it over to the trader (or his authorised representative). This does not apply if the trader has agreed to collect the goods himself. Compliance with the return period by the consumer is guaranteed if the goods are returned before the cooling-off period has expired.
  3. The consumer shall return the goods, including all delivered accessories, if reasonably possible, in their original condition and packaging and in accordance with the reasonable and clear instructions provided by the trader.
  4. The responsibility as well as the burden of proof for the proper and timely exercise of the right of cancellation lies with the consumer. If the consumer is shipping an item, they should consider using a trackable shipping service or taking out shipping insurance. The retailer does not guarantee that they will receive your returned item.
  5. The consumer bears the direct costs of returning the product. If the trader does not inform the consumer that he will have to bear these costs, or if the trader has indicated that he will bear the costs himself, the consumer does not have to pay the costs for the return shipment.
  6. The consumer does not incur any costs for the full or partial delivery of digital content not supplied on a physical data carrier if:
  7. he has not expressly agreed to the contractual provisions during the cooling-off period and prior to delivery;
  8. he has not agreed to assign his right of cancellation by giving his consent, or
  9. the trader has failed to confirm the consumer's declaration.
  10. If the consumer makes use of his right of cancellation, all ancillary contracts are cancelled with legal effect.

 

Article 9 - Obligations of the trader in the event of cancellation

  1. If the trader offers the consumer the option of making the cancellation in electronic form, the trader shall send the consumer a confirmation of receipt immediately after receipt of the cancellation notification.
  2. The trader shall reimburse the consumer without delay, but at the latest within 14 days of receipt of the cancellation notice by the trader, for any payments made by the consumer, including any shipping costs charged by the trader for the return of the goods. Except in the case of collection of the goods by the trader, the refund is not due until the goods have been received by the trader or the consumer can prove that the goods have been returned, whichever occurs first.
  3. Repayment by the trader shall be made using the same means of payment used by the consumer, unless the consumer agrees to a different method of payment. Repayment is free of charge for the consumer.
  4. If the consumer has opted for a more expensive shipping method instead of the cheapest standard shipping method, the trader does not have to reimburse the additional costs for this more expensive shipping method.

 

Article 10 - Exclusion of the right of cancellation

The trader can only exclude the following goods and services from the right of cancellation if the trader has clearly stated this in the offer or at least in good time before the contract is concluded:

  1. Goods or services whose price is subject to fluctuations in the financial market over which the trader has no control and which may occur within the cancellation period;
  2. Contracts concluded at a public auction. For the purposes of these general terms and conditions, a public auction is a sales process in which the entrepreneur offers goods, digital content and/or services to the consumer. The consumer is present in person or has the opportunity to be present in person at the auction. The auction is conducted by an auctioneer. The successful bidder is obliged to purchase the goods, digital content and/or services;
  3. Service contracts, after complete provision of the service, if:
  4. the provision of the service has begun with the express, prior consent of the consumer and
  5. the consumer has declared that he loses his right of withdrawal after the trader has completely fulfilled the contract;
  6. Package travel and passenger transport contracts (EU directive 2015/2302);
  7. Contracts for services relating to the provision of accommodation to be provided on a specific date or during a specific period, excluding services relating to residential purposes, transport of goods, car hire and catering;
  8. Contracts for services relating to leisure activities that are to be provided on a specific date or during a specific period;
  9. goods manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured according to consumer-specific requirements or are clearly intended for a specific person;
  10. Goods that spoil quickly or have a limited shelf life;
  11. Sealed goods that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
  12. Goods which, due to their nature, are inseparably mixed with other goods after delivery;
  13. Alcoholic beverages whose price was agreed when the contract was concluded, but whose delivery can only take place after a period of 30 days and whose actual value is subject to fluctuations in the market over which the entrepreneur has no influence;
  14. Sealed audio and video recordings and computer software where the seal has been broken after delivery;
  15. Newspapers, periodicals or magazines, excluding subscriptions to them;
  16. digital content not supplied on physical data carriers, but only if:
  17. the provision of the service has begun with the express prior consent of the consumer, and
  18. the consumer has declared that he thereby loses his right of cancellation.

 

Article 11 - The price

  1. During the period of validity stated in the offer, the prices of the goods and/or services offered will not be increased, unless there are price changes as a result of changes in VAT rates.
  2. Notwithstanding the previous paragraph, the entrepreneur may offer goods or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, at variable prices. These fluctuations and the fact that any prices quoted are target prices are stated in the offer.
  3. Price increases within 3 months of conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases occurring 3 months after conclusion of the contract are only permitted if the contractor has agreed to this and:

they are the consequence of legal regulations or provisions or

the consumer is authorised to terminate the contract on the day on which the price increase comes into effect.

  1. The prices stated in the offer for goods or services are inclusive of VAT.
  2. Depending on the consumer's country, customs duties, taxes or import fees may apply in addition to the shipping costs, which only cover the transit costs of the product.
  3. Shipping costs are not included in the purchase price. They are explicitly labelled or are shown separately during the ordering process and are to be borne by the customer in addition, unless free delivery has been promised.

 

Article 12 - Compliance with the contract and additional guarantee

  1. The trader guarantees that the goods and/or services are in conformity with the contract and fulfil the specifications stated in the offer, the reasonable requirements of suitability and/or usability and the legal provisions and/or government regulations in force on the day the contract is concluded. If agreed, the entrepreneur also guarantees that the goods are suitable for a non-normal use.
  2. A guarantee offered by the entrepreneur, his supplier, manufacturer or importer as an additional guarantee does not reduce the rights and claims that the consumer can assert on the basis of the distance contract if the entrepreneur does not fulfil his part of the contract.
  3. For the purposes of these general terms and conditions, an additional guarantee means any obligation of the entrepreneur, his supplier, importer or manufacturer towards the consumer, on the basis of which the consumer can assert certain rights or claims that go beyond the legal obligations if the entrepreneur does not fulfil his part of the contract.

 

Article 13 - Delivery and execution

  1. The entrepreneur shall exercise the greatest possible care when receiving and fulfilling orders for goods and when assessing requests for the provision of services.
  2. The place of delivery is the address that the consumer has communicated to the trader.
  3. If delivery to the consumer is not possible because the delivered goods do not fit through the front door, front door or staircase of the consumer or because the consumer is not found at the delivery location specified by him, although the delivery time was announced to the customer with reasonable notice, the consumer shall bear the costs for the unsuccessful delivery.
  4. Delivery conditions, delivery time and any existing restrictions on delivery can be found under the correspondingly labelled link in our online shop or in the respective item description.
  5. With due observance of the relevant information in article 4 of these general terms and conditions, the entrepreneur will fulfil accepted orders as soon as possible, but at the latest within 30 days, unless a different delivery time has been agreed. If delivery is delayed or if an order cannot be carried out or can only be carried out in part, the consumer will be notified of this no later than 30 days after he has placed the order. In this case, the consumer has the right to cancel the contract free of charge and may be entitled to compensation.
  6. After cancellation in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
  7. The risk that goods are damaged or lost shall be borne by the trader until the moment of delivery to the consumer or a representative appointed in advance by the consumer and made known to the trader, unless expressly agreed otherwise.

 

Article 14 - Permanent transactions: Duration, cancellation and renewal of the contract

Cancellation:

  1. The consumer may terminate an open-ended contract for the regular delivery of products (including electricity) or the regular provision of services at any time, subject to the agreed cancellation conditions and a notice period of no more than one month.
  2. The consumer may terminate a fixed-term contract for the regular delivery of products (including electricity) or the regular provision of services at any time at the end of the fixed term, subject to the agreed cancellation conditions and a notice period of no more than one month.
  3. The consumer may terminate the contracts referred to in the preceding paragraphs:
    • The contract may be cancelled at any time and may not be limited to cancellation on a specific date or within a specific period;
    • at least in the same way as he entered into it;
    • terminate the contract at any time with the same notice period that the entrepreneur has stipulated for himself.

Extension:

  1. A fixed-term contract for the regular supply of products (including electricity) or the regular provision of services may not be tacitly extended or renewed for a fixed term.
  2. Notwithstanding the provisions of the previous paragraph, a fixed-term contract for the regular delivery of daily and weekly newspapers and magazines may be tacitly renewed for a maximum period of three months if the consumer may terminate that renewed contract at the end of the renewal period, subject to a notice period of no more than one month.
  3. A fixed-term contract for the regular delivery of products or the regular provision of services may only be tacitly renewed for an indefinite period if the consumer can terminate the contract at any time, subject to a notice period of no more than one month. If the contract relates to the regular delivery of daily and weekly newspapers and magazines less than once a month, a cancellation period of no more than three months applies in this case.
  4. A fixed-term contract for the regular delivery of daily and weekly newspapers and magazines to get to know (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period has expired.

Duration:

  1. If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year, subject to a notice period of no more than one month, unless it is not reasonably possible to terminate the contract before the end of the agreed duration.

 

Article 15 - Payment

  1. The available payment methods are indicated on our website or in the respective item description, but at the latest in the final ordering process at the "checkout". Unless otherwise stated, the payment claims arising from the contract are due for payment immediately.
  2. Unless a different period is agreed in the contract or supplementary provisions, the amounts payable by the consumer must be paid within 14 days of the start of the cooling-off period or, if no cooling-off period has been set, within 14 days of the conclusion of the contract. In the case of a contract for the provision of services, this period shall commence on the day after the consumer has received confirmation of receipt of the acceptance of the offer from the entrepreneur.
  3. The consumer is obliged to notify the trader immediately of any errors in payment details.
  4. If the consumer does not fulfil his payment obligation(s) on time, he shall, after having been informed by the trader of his late payment and having been granted a period of 14 days to fulfil his payment obligations and the payment is still not made within this 14-day period, also pay the statutory interest on the amount due and the trader shall be entitled to charge him the extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% over the amounts due up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000. The minimum costs are € 40. The entrepreneur is entitled to use other amounts and percentages in favour of the consumer.

 

Article 16 - Settlement of complaints

  1. The company has a sufficiently publicised procedure in the event of complaints and handles complaints in accordance with this procedure.
  2. Complaints regarding the fulfilment of the contract must be submitted to the trader within a reasonable time after the consumer has discovered the defects, fully and clearly described.
  3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint is likely to take longer to process, the entrepreneur will send a reply within 14 days, confirming receipt of the complaint and stating when the consumer can expect a more detailed reply.
  4. In any case, the consumer must give the trader 4 weeks to settle the complaint by mutual agreement. Only after this period does a dispute arise for clarification by the arbitration committee.

 

Article 17 - Disputes

  1. Dutch law applies to agreements between the trader and the consumer. Because the entrepreneur centres his business activities in Germany - where the consumer lives - the consumer can always invoke the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
  2. The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr .
  3. The Thuiswinkel Dispute Resolution Committee is an alternative dispute resolution provider that the trader has joined. The trader is obliged to participate in a dispute resolution procedure before a consumer arbitration board to resolve disputes with consumers. The Thuiswinkel Dispute Resolution Committee is authorised by the Dutch Ministry of Justice and Security to provide dispute resolution services and to conduct an independent examination of your complaint in accordance with the Alternative Dispute Resolution (ADR) in Consumer Affairs Regulation of 2015. (In Germany the Federal Act on Alternative Dispute Resolution in Consumer Affairs 2015)
  4. Complaints can be submitted (in English) to the Homeshopping Dispute Resolution Commission in the following ways

Online: www.sgc.nl/en

By post: Thuiswinkel Geschillencommissie, P.O. P.O. Box 90600, 2509 LP in The Hague The

hereinafter referred to as the "Arbitration Committee".

  1. The Disputes Committee will only deal with a dispute if the consumer has first submitted his complaint to the trader within a reasonable period of time.
  2. If the complaint does not lead to a solution, the dispute must be submitted to the arbitration committee in writing or in another form to be determined by the Commission no later than 12 months after the date of submission of the first complaint to the entrepreneur.
  3. If the consumer wishes to submit a dispute to the Disputes Committee, the trader is bound by that decision. The consumer should preferably report this to the trader first.
  4. If the trader wishes to enter into arbitration via the arbitration committee, the consumer must state in writing within five weeks of a written request from the trader whether he wishes to do so or whether he wishes to have the dispute heard by a competent court. If the trader is not aware of the consumer's decision within five weeks, the trader is entitled to submit the dispute to the competent court.
  5. The Arbitration Committee shall adjudicate in accordance with the conditions set out in the Arbitration Committee's Rules of Arbitration (degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the arbitration committee are legally binding recommendations.
  6. The Disputes Committee will not deal with a dispute or will discontinue dealing with it if the entrepreneur has applied for a moratorium on payments or bankruptcy or has actually ceased its business activities before a dispute has been dealt with at the meeting of the Disputes Committee and a final judgement has been made.

 

 

 

Article 18 - Industry guarantee

  1. The Nederlandse Thuiswinkel Organisatie guarantees compliance by its members with the binding recommendations imposed by the Geschillencommissie Thuiswinkel if the trader has not submitted that binding recommendation to the court for review within two months of the date of the binding recommendation in accordance with the rules of the Disputes Committee. This suspension of the guarantee shall end and the consumer may invoke the guarantee again as soon as the court judgement declaring the binding recommendation binding becomes final. The guarantee of the Nederlandse Thuiswinkel Organisatie is limited to a maximum amount of € 10,000 per binding recommendation. For amounts exceeding the sum of € 10.000,= per binding recommendation, € 10.000,= will be paid to the consumer. In so far as the amount exceeds the sum of € 10,000, the Nederlandse Thuiswinkel Organisatie undertakes to make an effort to persuade the entrepreneur to comply with the Binding Recommendation.
  2. In order for this guarantee to apply, the consumer must invoke it in writing to the Nederlandse Thuiswinkel Organisatie and transfer his claim against the entrepreneur to the Nederlandse Thuiswinkel Organisatie. To the extent that the claim against the entrepreneur exceeds the amount of € 10,000, the consumer will be offered the opportunity to transfer the part of his claim that exceeds the amount of € 10,000 to the Dutch Home Environment Organisation, which will contest this claim in its own name and at its own expense for payment to the consumer.

 

Article 19 - Supplementary or derogating provisions

  1. Provisions that deviate from or supplement these General Terms and Conditions may not be to the detriment of the consumer and must be set out in writing or in such a way that they can be stored on a durable medium to which the consumer has access.
  2. If one or more provisions of these General Terms and Conditions are invalid, the remainder of the contract shall remain valid. Insofar as the provisions are invalid, the content of the contract shall be governed by the statutory provisions.

 

Article 20 - Amendment of the General Terms and Conditions

Amendments to these GTC shall only enter into force once they have been published in an appropriate manner, with the proviso that in the event of valid amendments during the term of an offer, the provision most favourable to the consumer shall prevail.

 

 


 

Appendix I: Sample cancellation form

 

Sample cancellation form

 

(Only if you want to cancel the contract, please fill out this form and send it back to us)

 

  • To:

[to be inserted by the entrepreneur here is the name,
address and, if applicable, the fax number and e-mail address of the entrepreneur
]

 

 

  • I/we* hereby cancel the contract concluded by me/us* for the purchase of the following goods */ the provision of the following service*

 

  • Ordered on * /received on * [date]

 

  • Name of the consumer(s):

 

  • Address of the consumer(s):

 

 

 

  • [Signature of the consumer(s)] (only for notification on paper)

 

  • [Date]

 

 

*Delete as appropriate.