Algemene voorwaarden

Article 1 - Definitions

In these general terms and conditions, the following definitions apply:

Additional agreement: an agreement whereby the consumer acquires products and/or services in connection with a distance contract, and these goods, digital content, and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;

Cooling-off period: the period during which the consumer may exercise his right of withdrawal;

Consumer: the natural person who does not act for purposes relating to his trade, business, craft, or professional activity;

Day: calendar day;

Continuous performance contract: an agreement for the regular supply of goods, services, and/or digital content for a specified period;

Durable medium: any tool, including email, that enables the consumer or entrepreneur to store information personally addressed to him in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended, and which allows the unaltered reproduction of the stored information;

Right of withdrawal: the consumer's possibility 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 to consumers at a distance;

Distance contract: an agreement concluded between the entrepreneur and the consumer as part of an organized system for distance selling of products, digital content, and/or services, where the conclusion of the contract is exclusively or partly made using one or more means of distance communication;

Model withdrawal form: the European model withdrawal form included in Appendix I to these terms and conditions; Appendix I does not need to be made available if the consumer does not have a right of withdrawal regarding his order;

Means of distance communication: a tool that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously present in the same space.

Article 2 - Identity of the entrepreneur

Name of entrepreneur: Naadje Ben B.V.
Operating under the name/names:
Naadje Ben

Business address:
Noordmolenstraat Noord 26-A
3035 RJ Rotterdam
The Netherlands

Telephone number:
Email address: [email protected]
Chamber of Commerce (KvK) number:
VAT identification number:

Availability:
Monday to Friday from 9:00 am to 5:00 pm
Saturday and Sunday from 9:00 am to 5:00 pm

Article 3 - Applicability

These general terms and conditions apply to every offer from 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 will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be inspected by the consumer and that they will be sent to the consumer free of charge upon request as soon as possible.

If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge by electronic means or in another manner upon request by the consumer.

In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply by analogy, and in the event of conflicting conditions, the consumer can always invoke the applicable provision that is most favorable to him.

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 contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer.

Article 5 - The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set.
If the consumer has accepted the offer electronically, the entrepreneur immediately confirms 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 can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.
Within the legal framework, the entrepreneur can – within the law – inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the contract, he is entitled to refuse an order or request, or to attach special conditions to the execution.
At the latest upon delivery of the product and/or service to the consumer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

- the visiting address of the entrepreneur's establishment where the consumer
- can address complaints;
- the terms and conditions under which and the manner in which the consumer can use the
right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
- information about warranties and existing service after purchase;
- the price including all taxes of the product and/or service; if applicable, the costs of delivery;
and the manner of payment, delivery, or execution of the distance contract;
- the requirements for termination of the contract if the contract has a duration of more than
one year or is of indefinite duration;
- if the consumer has a right of withdrawal, the model withdrawal form. In 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 can dissolve an agreement regarding the purchase of a product within a cooling-off period of 30 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot compel him to state his reason(s).
The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer, who is not the carrier, has received the product, or:

- if the consumer has ordered multiple products in the same order: the day on which the
consumer, or a third party designated by him, has received the last product. The
entrepreneur may, provided he has clearly informed the consumer of this prior to the
ordering process, refuse an order of multiple products with different delivery times.
- If the delivery of a product consists of multiple shipments or parts: the day the consumer, or
a third party designated by him, has received the last shipment or the last part;
- for contracts for the regular delivery of products over a specified period: the day on which
the consumer, or a third party designated by him, has received the first product.

For Services:

The consumer can dissolve a service contract within 30 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot compel him to state his reason(s).
The cooling-off period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.

Extended Cooling-off Period for Products When Not Informed About the Right of Withdrawal:

If the entrepreneur fails to provide the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period ends twelve months after the end of the original cooling-off period as determined in the preceding sections of this article.
If the entrepreneur provides this information to the consumer within twelve months after the start of the original cooling-off period, the cooling-off period expires 30 days after the consumer receives this information.

Article 7 - Consumer Obligations During the Cooling-off Period

During the cooling-off period, the consumer must handle the product and packaging with care. He should only unpack or use the product to the extent necessary to assess its nature, characteristics, and operation. The consumer may only handle and inspect the product as he would in a physical store.
The consumer is only liable for any depreciation of the product resulting from the use of the product in a manner that goes beyond what is permitted in paragraph 1.
If the entrepreneur has not provided the consumer with all legally required information about the right of withdrawal before or at the conclusion of the agreement, the consumer is not liable for any depreciation of the product.

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

If the consumer wishes to exercise his right of withdrawal, he must notify the entrepreneur within the cooling-off period using the model withdrawal form or in another clear manner.
The consumer must return or hand over the product to the entrepreneur (or his representative) as soon as possible, but no later than 14 days after the notification as referred to in paragraph 1. Unless the entrepreneur has offered to collect the product himself, the consumer does not have to return the product before the cooling-off period has expired.
The product must be returned by the consumer with all accompanying accessories, if reasonably possible in the original condition and packaging, and according to the reasonable and clear instructions of the entrepreneur.
The risk and burden of proof for a correct and timely exercise of the right of withdrawal lie with the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not indicated that the consumer must bear these costs or if the entrepreneur has promised to bear these costs himself, the consumer does not have to bear the costs of returning the product.
If the consumer exercises his right of withdrawal after having explicitly requested that the provision of services or the delivery of gas, water, or electricity begin during the cooling-off period, the consumer owes an amount proportional to the part of the commitment that the entrepreneur has already fulfilled at the time of withdrawal, compared to the full performance of the commitment.
If the consumer exercises his right of withdrawal, all additional agreements are automatically dissolved.

Article 9 - Obligations of the Entrepreneur in case of withdrawal

If the entrepreneur allows the consumer to notify the withdrawal electronically, he shall immediately send a confirmation of receipt after 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, immediately but no later than 14 days from the day on which the consumer notifies the withdrawal. Unless the entrepreneur has offered to collect the product himself, he may wait to refund until he has received the product or until the consumer demonstrates that he has returned the product, whichever occurs first.
The entrepreneur will use the same means of payment for the refund as the consumer used, unless the consumer agrees to a different method.

Article 10 - Exclusion of the right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly stated this in the offer, at least in a timely manner before the conclusion of the contract:Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
Service contracts, after full performance of the service, but only if:
- the performance started with the consumer's express prior consent;
- the consumer has declared that he loses his right of withdrawal once the entrepreneur has
fully performed the contract;
Service contracts for the provision of accommodation, if a specific date or period of performance is provided for in the contract and other than for residential purposes, goods transport, car rental services, and catering; Contracts related to the supply of goods made according to the consumer's specifications, which are not prefabricated and which are made based on an individual choice or decision of the consumer, or which are clearly personalized for a specific person;
Sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery; Products which, by their nature, are inseparably mixed with other items after delivery;
Products made according to the consumer's specifications, which are not prefabricated and are manufactured based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;
Sealed products that are not suitable for return due to hygiene reasons and whose sealing has been broken after delivery;
Products that, by their nature, are irreversibly mixed with other products after delivery.

Article 11 - The price

During the period of validity mentioned 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 can offer products or services with prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence. These fluctuations and the fact that any prices mentioned are indicative prices will be stated in the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they result from legal regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
- they result from legal regulations or provisions; or
- the consumer has the right to terminate the contract on the day the price increase takes
effect.
The prices mentioned in the offer of products or services include VAT.

Article 12 - Performance of the contract and additional guarantee

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
An additional guarantee provided by the entrepreneur, his supplier, manufacturer, or importer shall never limit the legal rights and claims that the consumer may assert against the entrepreneur based on the contract if the entrepreneur has failed to fulfill his part of the contract.
An additional guarantee refers to any commitment by the entrepreneur, his supplier, importer, or manufacturer in which certain rights or claims are granted to the consumer that exceed what he is legally obliged to do in case he has failed to fulfill his part of the contract.

Article 13 - Delivery and Execution

The entrepreneur shall exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery shall be the address that the consumer has provided to the entrepreneur.
Subject to the provisions of Article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders promptly and no later than within 30 days, unless a different delivery period has been agreed upon. If delivery is delayed or if an order cannot be executed or can only be executed partially, the consumer shall be notified thereof no later than 30 days after placing the order. In such a case, the consumer has the right to terminate the agreement without any costs and to claim compensation for any damages incurred.
Upon termination in accordance with the preceding paragraph, the entrepreneur shall refund the amount paid by the consumer without delay.
The risk of damage and/or loss of products shall be borne by the entrepreneur until the moment of delivery to the consumer or a designated representative notified to the entrepreneur, unless expressly agreed otherwise.

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

Termination:

The consumer may terminate an agreement entered into for an indefinite period and providing for the regular delivery of products and/or services at any time, subject to the agreed termination rules and a notice period of up to one month.
The consumer may terminate an agreement entered into for a definite period and providing for the regular delivery of products and/or services at any time at the end of the specified term, subject to the agreed termination rules and a notice period of up to one month.
The consumer may terminate the agreements mentioned in the preceding paragraphs:
- at any time and shall not be limited to termination at a specific time or during a specific
period;
- by using the same means as those by which they were concluded;
- always with the same notice period as agreed upon by the entrepreneur for himself.

Renewal:

An agreement entered into for a definite period and providing for the regular delivery of products and/or services shall not be tacitly renewed or extended for a definite period.
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of up to one month, unless the reasonableness and fairness oppose termination before the agreed duration ends.

Article 15 - Payment

Unless otherwise agreed in the contract or additional conditions, the amounts owed by the consumer shall be paid within 14 days after the commencement of the withdrawal period, or in the absence of a withdrawal period, within 14 days after the conclusion of the agreement. In the case of a service agreement, this period shall commence on the day following the consumer's receipt of the confirmation of the agreement.
In the sale of products to consumers, the consumer shall not be obliged to make an advance payment of more than 50% under any general terms and conditions. If an advance payment is agreed upon, the consumer shall not be entitled to any rights regarding the execution of the relevant order or service(s) until the agreed advance payment has been made.
The consumer is obliged to report any inaccuracies in the payment details provided or mentioned to the entrepreneur without delay.
If the consumer fails to meet his payment obligations in a timely manner, he shall be liable for statutory interest on the outstanding amount after the entrepreneur has reminded him of the late payment and granted the consumer a period of 14 days to fulfill his payment obligations, and payment is not made within this 14-day period. The entrepreneur is also entitled to charge the consumer extrajudicial collection costs incurred by him.

These collection costs shall not exceed:
15% on outstanding amounts up to € 2,500;
10% on the subsequent € 2,500;
5% on the following € 5,000;
with a minimum of € 40.

The entrepreneur may deviate from the aforementioned amounts and percentages to the benefit of the consumer.

Article 16 - Complaints Procedure

The entrepreneur has a clearly disclosed complaints procedure and handles the complaint in accordance with this procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur in full and clearly described within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a message of receipt and an indication of when the consumer can expect a more detailed answer.
A complaint about a product, service, or the entrepreneur's service can also be submitted via a complaint form on the consumer page of the Thuiswinkel website (www.thuiswinkel.org) and at the European ODR platform: (http://ec.europa.eu/consumers/odr). The complaint will then be sent to both the relevant entrepreneur, Thuiswinkel, and the European ODR platform.
In any case, the consumer must give the entrepreneur 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is subject to dispute resolution.

Article 17 - Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
Disputes between the consumer and the entrepreneur regarding the conclusion or performance of agreements concerning products and services supplied or to be supplied by this entrepreneur can be submitted by both the consumer and the entrepreneur to:

The Thuiswinkel Disputes Committee
PO Box 90600
2509 LP, The Hague
(www.sgc.nl).
The Disputes Committee will only handle a dispute if the consumer has first submitted his complaint to the entrepreneur in good time.
If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or in another form determined by the Committee no later than 12 months after the date on which the consumer submitted the complaint to the entrepreneur.
If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. The consumer preferably notifies the entrepreneur of this first.
If the entrepreneur wishes to submit a dispute to the Disputes Committee, the consumer must state in writing within five weeks after a written request from the entrepreneur whether he also wishes to do so or whether he wishes the dispute to be settled by the competent court. If the consumer does not inform the entrepreneur of his choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court.
The Disputes Committee will issue a decision in accordance with the conditions laid down in the Disputes Committee's regulations (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the Disputes Committee are made by binding advice.
The Disputes Committee will not handle a dispute or will discontinue the proceedings if the entrepreneur has been granted a suspension of payments, has been declared bankrupt, or has actually ceased trading before a dispute has been heard by the committee and a final decision has been rendered.
If, in addition to the Thuiswinkel Disputes Committee, another recognized disputes committee affiliated with the Foundation for Consumer Complaints Boards (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Thuiswinkel Disputes Committee is preferably competent for disputes mainly concerning the method of sale or distance selling. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid is competent.

Article 18 - Industry Guarantee

Thuiswinkel.org guarantees compliance with the binding advice of the Thuiswinkel Disputes Committee by its members, unless the member decides to submit the binding advice to the court for review within two months of its dispatch. This guarantee is revived if the binding advice is upheld after review by the court and the judgment confirming this becomes final. Up to a maximum of €10,000 per binding advice, this amount will be paid by Thuiswinkel.org to the consumer. For amounts exceeding €10,000 per binding advice, €10,000 will be paid. Thuiswinkel.org has an obligation to make efforts to ensure that the member complies with the binding advice for the excess.
To apply this guarantee, the consumer must make a written appeal to Thuiswinkel.org and transfer his claim on the entrepreneur to Thuiswinkel.org. If the claim against the entrepreneur exceeds €10,000, the consumer will be offered to transfer his claim for the amount exceeding €10,000 to Thuiswinkel.org, after which this organization will request payment thereof in court at its own expense.

Article 19 - Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them on a durable medium in an accessible manner.

Article 20 - Amendment of the Thuiswinkel General Terms and Conditions

Thuiswinkel.org will not amend these general terms and conditions except in consultation with the Consumers' Association.
Changes to these terms and conditions are only effective after they have been published in an appropriate manner, provided that, in the case of applicable changes during the term of an offer, the provision most favorable to the consumer will prevail.

Thuiswinkel.org
www.thuiswinkel.org
Horaplantsoen 20, 6717 LT Ede
Postbus 7001, 6710 CB Ede

Bijlage I: Modelformulier voor herroeping