Table of Contents:
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 - Obligations of the consumer during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and the costs thereof
Article 9 - Obligations of the entrepreneur in case of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Performance and additional warranty
Article 13 - Delivery and execution
Article 14 - Long-term transactions: duration, termination, and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or deviating provisions
Article 1 - Definitions
In these conditions, the following definitions apply:
- Additional agreement: an agreement whereby the consumer acquires products, digital content, 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 can exercise their right of withdrawal;
- Consumer: the natural person who does not act for purposes relating to their trade, business, craft, or profession;
- Day: calendar day;
- Digital content: data produced and delivered in digital form;
- Durable medium: any tool, including email, that enables the consumer or entrepreneur to store personal information addressed to them in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended and that allows the unchanged reproduction of the stored information;
- Right of withdrawal: the consumer's ability to withdraw from the distance contract within the cooling-off period;
- Entrepreneur: the natural or legal person who 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 only one or more techniques for remote communication are used up to and including the conclusion of the contract;
- Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions. Annex I does not need to be made available if the consumer does not have a right of withdrawal with regard to their order;
- Technique for remote communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being together in the same space simultaneously.
Article 2 - Identity of the entrepreneur
"LuxDENT" E-commerce Commercial.
E-mail address: email@example.com
Article 3 - Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer. Before the distance agreement is concluded, the text of these general terms and conditions must be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance agreement is concluded, how the general terms and conditions can be inspected by the consumer and that they will be sent free of charge as soon as possible at the consumer's request. If the distance agreement is concluded electronically, in derogation from the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the entrepreneur will provide the consumer with information about how to access the general terms and conditions electronically and will send them free of charge at the consumer's request. In the event that specific product or service-related conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favorable to them.
Article 4 - The Offer
If an offer has a limited period of validity or is made 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 enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the products, services, and/or digital content offered. Obvious errors or mistakes in the offer do not bind the entrepreneur. Each offer contains such information that makes it clear to the consumer what rights and obligations are attached to accepting the offer. This concerns, in particular:
- the price including taxes;
- any costs of delivery;
- the way in which the agreement will be concluded and what actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery, or performance of the contract;
- the deadline for accepting the offer or the period within which the entrepreneur guarantees the price;
- the level of the tariff for remote communication if the costs of using the technique for remote communication are calculated on a basis other than the regular basic tariff for the means of communication used;
- if the agreement is filed after its conclusion, how the consumer can access it;
- the way in which the consumer can obtain information about actions they do not want to take before concluding the contract, as well as the way in which they can rectify these before the contract is concluded;
- the languages in which the contract can be concluded, in addition to Dutch;
- 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 event of a long-term transaction.
Article 5 - The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the time the consumer accepts the offer and meets the corresponding conditions. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate 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 will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures. The entrepreneur can - within the law - inform himself about the consumer's ability to fulfill his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation. The entrepreneur will send the following information along with the product, service, or digital content 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 business location where the consumer can contact any complaints; b. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. information on guarantees and after-sales service; d. the price including all taxes on the product, service, or digital content; where applicable, the cost of delivery; and the method of payment, delivery, or performance of the contract; e. the requirements for canceling the agreement if the agreement has a duration of more than one year or is of indefinite duration; f. if the consumer has a right of withdrawal, the model withdrawal form. In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 - Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the contract without giving any reason within a period of 14 days. This withdrawal period 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:
- In the case of multiple products ordered by the consumer in one order and delivered separately, the day on which the consumer, or a third party designated by the consumer who is not the carrier, has received the last product;
- In the case of delivery of a product consisting of several lots or pieces, the day on which the consumer, or a third party designated by the consumer who is not the carrier, has received the last lot or piece;
- In the case of agreements for regular delivery of products during a certain period, the day on which the consumer, or a third party designated by the consumer who is not the carrier, has received the first product.
The consumer can exercise the right of withdrawal by notifying the entrepreneur within the withdrawal period. To meet the withdrawal deadline, it is sufficient for the consumer to send the withdrawal notification before the withdrawal period has expired.
If the consumer exercises the right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 7 - Consumer's Obligations during the Withdrawal Period
During the withdrawal period, the consumer must handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to assess the nature, characteristics, and functioning of the product. The principle here is that the consumer may only handle and inspect the product as he or she would be allowed to do in a physical store.
The consumer is liable for any decrease in the value of the product that is the result of handling the product beyond what is permitted in the previous paragraph.
Article 8 - Exercising the Consumer's Right of Withdrawal and the Costs
If the consumer exercises the right of withdrawal, he or she shall notify the entrepreneur using the model withdrawal form or in another unequivocal manner within the withdrawal period.
The entrepreneur shall promptly send a confirmation of receipt of the withdrawal notification once received. The burden of proof regarding the exercise of the right of withdrawal lies with the consumer.
If the consumer wishes to make use of his or her right of withdrawal, he or she must return the product with all accessories and, if reasonably possible, in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
The consumer shall bear the direct costs of returning the product, unless the entrepreneur has expressly stated that he or she will bear these costs or if the entrepreneur has failed to inform the consumer that he or she must bear these costs.
Article 9 - Entrepreneur's Obligations in the Event of Withdrawal
If the entrepreneur enables the consumer to exercise the right of withdrawal electronically, he or she shall promptly send a confirmation of receipt upon receiving the withdrawal 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 within 14 days following the day on which the consumer notifies him or her of the withdrawal. Unless the entrepreneur offers to collect the product himself, he or she may wait to reimburse until he or she has received the product or until the consumer demonstrates that he or she has returned the product, whichever occurs first.
The entrepreneur shall use the same means of payment for reimbursement as the consumer used, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
Article 10 - Exclusion of the Right of Withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for products and services as stipulated in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur clearly states this in the offer, at least in time for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for the following products and services:
- Products or services whose price depends on fluctuations in the financial market that the entrepreneur cannot control and that may occur within the withdrawal period;
- Products that have been manufactured according to the consumer's specifications, which are not prefabricated and which are produced based on an individual choice or decision by the consumer, or that are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed products that are not suitable for return for reasons of health protection or hygiene, and of which the seal has been broken after delivery;
- Products that, after delivery, by their nature, are irrevocably mixed with other products;
- Alcoholic beverages, the price of which has been agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market that the entrepreneur cannot control;
- Sealed audio, video recordings, and computer software, the seal of which has been broken after delivery;
- Newspapers, magazines, or periodicals, with the exception of subscriptions to them;
- The delivery of digital content other than on a tangible medium, but only if: a. the performance has begun with the consumer's express prior consent; and b. the consumer has declared that he or she thereby loses his or her right of withdrawal.
Article 11 - 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 due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no control. This connection to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of 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:
- They are the result of statutory regulations or provisions; or
- The consumer has the authority to terminate 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.
Article 12 - Performance of the Agreement and Additional Guarantee
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 of the conclusion of the agreement.
An additional guarantee offered by the entrepreneur, his or her supplier, manufacturer, or importer does not affect the rights and claims that the consumer can assert against the entrepreneur if the entrepreneur has failed to fulfill his or her part of the agreement.
Article 13 - Delivery and Execution
The entrepreneur will take the greatest possible care when receiving and executing product orders and when assessing applications for the provision of services.
The place of delivery is deemed to be the address that the consumer has made known to the entrepreneur.
Taking into account what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he or she has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and the right to any compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 14 days after dissolution.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 14 - Continuing Performance Agreement
The consumer may at any time 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, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may, in the agreements referred to in the previous paragraph:
- Terminate at any time and not be restricted to termination at a specific time or in a specific period;
- At least terminate in the same way as they were entered into by him or her;
- Always terminate with the same notice period as the entrepreneur has stipulated for himself or herself.
Extension agreements are agreements entered into for a certain period and that extend the regular delivery of products (including electricity) or services automatically.
If an agreement is entered into for a certain period and extends the regular delivery of products or services automatically, the consumer may terminate the agreement at any time with a notice period of no more than one month. The termination can be done in the same manner as the agreement was initially entered into, and the notice period should be the same as specified by the entrepreneur.
Article 15 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within the agreed upon payment period, starting from the day after the consumer receives the confirmation of the agreement.
The consumer has the duty to report any inaccuracies in the payment details provided or mentioned to the entrepreneur without delay.
In case of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 16 - Complaints Procedure
The entrepreneur has a well-publicized complaints procedure in place and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur promptly, fully, and clearly, 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 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
Article 17 - Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
Disputes between the consumer and the entrepreneur about the formation or performance of agreements related to products and services to be delivered or already delivered by the entrepreneur can be submitted to the competent court.
These were the general terms and conditions. Keep in mind that specific terms and conditions may vary depending on the agreement and the parties involved. It is always recommended to carefully review the terms and conditions provided by the specific entrepreneur or seller before entering into an agreement or making a purchase.