Terms and Conditions

General Terms and Conditions Webshop

Article 1 - Definitions
Article 2 - Identity of the trader
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 - Long-term transactions: duration, termination and renewal
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:

Reflection period: the period within which the consumer can make use of their right of withdrawal;
Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession and enters into a distance contract with the trader;
Day: calendar day;
Long-term transaction: 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 trader to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
Model form: the model withdrawal form made available by the trader that a consumer can fill in when they wish to exercise their right of withdrawal.
Trader: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement whereby, within the framework of a system organised by the trader for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;
Distance communication technique: a means that can be used to conclude an agreement without the consumer and trader being in the same place at the same time.
General Terms and Conditions: these General Terms and Conditions of the trader.

Article 2 - Identity of the trader

Schreuder E-Commerce BV
Sterrenlaan 7
2743LW, Waddinxveen

T: +31 (0)182-756629 (working days from 09:00 - 18:00)
M: info@schreuder-e-commerce.com

Chamber of Commerce number: 90228219
VAT identification number: NL865248965B01

Article 3 - Applicability

These general terms and conditions apply to every offer from the trader and to every distance contract and order concluded between trader and consumer.
Before the distance contract is concluded, the text of these general 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 general terms and conditions can be viewed at the trader's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general 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 general terms and conditions can be viewed electronically and that they will be sent free of charge, electronically or otherwise, upon request of the consumer.
In the event that, in addition to these general terms and conditions, specific product or service terms also apply, the second and third paragraphs apply accordingly, and in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favourable to them.
If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or annulled, the remainder of the agreement and these terms and conditions will remain in force, and the relevant provision will be replaced without delay, in mutual consultation, by a provision that approximates the purport of the original as closely as possible.
Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general 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 trader is entitled 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 trader 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 trader.
All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images of products are a true representation of the products offered. The trader cannot guarantee that the colours shown exactly match the actual colours of the products.
Each 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 what actions are necessary for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the agreement;
the period for accepting the offer, or the period within which the trader guarantees the price;
the level of the rate for distance communication if the costs of using the distance communication technique 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 the consumer can access it;
the way in which the consumer, before concluding the agreement, can check and, if desired, correct the information provided by them in connection with the agreement;
any other languages, besides Dutch, in which the agreement can be concluded;
the codes of conduct to which the trader is subject, and how the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a long-term transaction.

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 associated conditions.
If the consumer has accepted the offer electronically, the trader will promptly confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the trader 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 trader will take appropriate security measures to this end.
Within legal limits, the trader may inform themselves as to whether the consumer can meet their payment obligations, as well as of all facts and factors relevant to a responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the agreement, they are entitled to refuse an order or request, giving reasons, or to attach special conditions to its execution.
The trader 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 trader's premises where the consumer can lodge complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding exclusion from the right of withdrawal;
c. information about warranties and existing after-sales service;
d. the information included in Article 4(3) of these terms and conditions, unless the trader has already provided this information to the consumer prior to performance of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is for an indefinite period.

6. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
7. Every agreement is entered into subject to the condition precedent of sufficient availability of the products concerned.

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 reflection period starts on the day after the consumer, or a representative designated in advance by the consumer and made known to the trader, receives the product.
During the reflection period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product to the trader with all accessories supplied and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the trader within 14 days of receiving the product. The consumer must notify this using the model form. After the consumer has indicated that they wish to exercise their 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 a proof of shipment.
If the customer has not indicated, after the periods referred to in paragraphs 2 and 3, that they wish to exercise their right of withdrawal, or has not returned the product to the trader, the sale is final.

On delivery of services:

When providing services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting on the day the agreement was concluded.
To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader with the offer and/or at the latest upon delivery.

Article 7 - Costs in case of withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the product are at most borne by them.
If the consumer has paid an amount, the trader 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 agrees to a different payment method.
If the product is damaged due to careless handling by the consumer themselves, the consumer is liable for any resulting depreciation of the product.
The consumer cannot be held liable for depreciation of the product if the trader 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 trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, or at least in good time before the agreement is concluded.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the trader 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. the price of which is subject to fluctuations in the financial market over which the trader 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 hygienic products of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specific period;
b. the delivery of which has begun with the express consent of the consumer before the reflection period has expired;
c. concerning 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 trader may offer products or services with variable prices if the prices are subject to fluctuations in the financial market over which the trader has no influence. This dependence on fluctuations and the fact that any prices stated are target prices will be stated in the offer.
Price increases within 3 months of the conclusion of the agreement are only permitted if they result from legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:
a. they result from legal regulations or provisions; or
b. the consumer has the authority to cancel the agreement as of 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 typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the case of printing and typographical errors, the trader is not obliged to deliver the product according to the incorrect price.

Article 10 - Conformity and Warranty

The trader 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 in force on the date the agreement was concluded. If agreed, the trader also guarantees that the product is suitable for use other than normal use.
A warranty provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer may assert against the trader on the basis of the agreement.
Any defects or incorrectly delivered products must be reported to the trader in writing within 4 weeks of delivery. Return of the products must be made in the original packaging and in new condition.
The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader is never responsible for the ultimate suitability of the products for each 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 themselves, or has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the trader'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 trader will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated 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 be notified 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 periods mentioned. Exceeding a period does not give the consumer the right to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.
If delivery of an ordered product proves to be impossible, the trader will make an effort to make a replacement item available. At the latest upon delivery, it will be clearly and understandably stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the trader.
The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 - Long-term transactions: duration, termination and renewal

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, in accordance with 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 fixed period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed period, in accordance with the agreed termination rules and a notice period of no more than one month.
The consumer may 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 at least in the same way as they were entered into;
always terminate with the same notice period as the trader has stipulated for themselves.

Renewal

An agreement that has been entered into for a fixed period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Notwithstanding the previous paragraph, an agreement entered into for a fixed period that extends to the regular delivery of daily, news and weekly papers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer may terminate this extended agreement towards the end of the extension with a notice period of no more than one month.
An agreement entered into for a fixed period 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 case 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 trial or introduction (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

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 reflection period referred to in Article 6, paragraph 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 any inaccuracies in provided or stated payment details to the trader without delay.
In the event of non-payment by the consumer, the trader has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure

The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the trader fully and clearly described within 7 days after the consumer has discovered the defects.
Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader 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, a dispute arises that is subject to the dispute settlement procedure.
In the event of complaints, a consumer must first contact the trader. 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), who will mediate free of charge. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/leden/. If no solution is reached, the consumer has the option of having their complaint dealt with by the independent dispute committee appointed by Stichting WebwinkelKeur, whose ruling is binding and both trader and consumer agree to this binding ruling. Submitting a dispute to this dispute committee involves costs that 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 trader's obligations, unless the trader indicates otherwise in writing.
If a complaint is found to be justified by the trader, the trader will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

Dutch law exclusively applies to agreements between the trader and the consumer to which these general terms and conditions relate. 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 deviating 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 they can be stored by the consumer in an accessible manner on a durable medium.

Contact details

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

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