Consumer Terms and Conditions
Article 1 – Definitions
1.1 Offer: the offer made in relation to the product made by the trader to the consumer prior to the conclusion of a distance contract;
1.2 Time of reflection: the period within which the consumer may benefit from his right of withdrawal;
1.3 Consumer means the natural person who does not act for purposes relating to his commercial, business, craft or professional activity;
1.4 Day: calendar day;
1.5 Durable data medium: any tool, including e-mail, which enables the consumer or entrepreneur to store information addressed to him personally in a way that enables future consultation or use over a period of time appropriate to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
1.6 ‘Right of withdrawal’ means the possibility of the consumer forlining the distance contract within the cooling-off period;
1.7 Entrepreneur: the natural or legal person who offers the product to consumers remotely;
1.8 Distance Agreement: an agreement concluded between the economic operator and the consumer after the consumer has accepted the offer under an organised distance selling system for the product, using only or including one or more distance communication techniques until the conclusion of the contract;
1.9 Product: a bag of paint powder (no matter what type) of RAW Paints BV;
1.10 Return form: the model form for withdrawal made available to the entrepreneur who can complete a consumer if he wishes to use his right of withdrawal. Return form need not be made available if the consumer does not have the right to withdraw in the area of his order; And
1.11 11 Remote Communication Technology: means that can be used to conclude an agreement, without the need for the consumer and the entrepreneur to have met simultaneously in the same space.
Article 2 – Identity of the entrepreneur
Entrepreneur’s name: Mrs W. Wortelboer
Acting under the name: RAW Paints BV
2106 NA Heemstede
Phone number: 085 1850 555
Accessibility: Monday to Friday from 09:00 to 18:00
Email address: firstname.lastname@example.org
KVK Number: 70764158
VAT identification number: NL858450409B01
Article 3 – Applicability
3.1 These terms and conditions apply to each offer made by the entrepreneur and to any distance agreement between entrepreneur and consumer.
3.2 Before the distance contract is concluded, the text of these terms and conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded, how the terms and conditions can be identifiable to the entrepreneur and that they will be sent free of charge as soon as possible at the consumer’s request.
3.3 By way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general conditions may be made available to the consumer by electronic means in such a way that it can be stored by the consumer in a simple way on a durable data medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be notified by electronic means and that, at the consumer’s request, they will be transmitted free of charge or otherwise free of charge.
3.4 In the event that specific product conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutandis and, in the event of conflicting conditions, the consumer may always rely on the applicable provision which is most favourable to him.
3.5 If one or more provisions in these terms and conditions are at any time wholly or partially annulled or destroyed, the contract shall remain at a distance and those conditions will remain in place for the rest and the provision in question will be replaced without delay by mutual agreement by a provision that approaches the scope of the original as far as possible.
3.6 Situations relating to the distance agreement which are not governed by these terms and conditions should be assessed ‘in the spirit’ of these terms and conditions. Ambiguities about the explanation or content of one or more terms of these terms and conditions should be interpreted ‘in the spirit’ of these terms and conditions.
Article 4 – The offer
4.1 If an offer has a limited period of validity or is subject to conditions, this shall be explicitly stated in the offer.
4.2 The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
4.3 Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are linked to the acceptance of the offer.
4.4 The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
4.5 All images, specifications details in the offer are indicative and cannot be grounds for damages or termination of the remote contract.
Article 5 – Distance agreement
5.1 The distance contract shall be concluded, subject to paragraph 5.4, at the time of the consumer’s acceptance of the offer and compliance with the conditions laid down there by it.
5.2 If the consumer has accepted the offer by electronic means, the operator shall immediately confirm the receipt of acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may revoke the acceptance.
5.3 If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the operator will take appropriate safety measures to this end.
5.4 The entrepreneur may, within legal frameworks, inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors relevant to the responsible entering into of the distance contract. If, on the basis of this examination, the economic operator has good grounds for not entering into the distance contract with the consumer, he is entitled to refuse an order or application or to attach special conditions to the execution.
5.5 The trader shall send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner, at the latest when the product is delivered to the consumer:
– the visiting address of the establishment of the entrepreneur where the consumer can go with complaints,
– the conditions under which and the way in which the consumer may avaop the right of withdrawal, or a clear notification concerning the exclusion of the right of withdrawal,
– information on guarantees and existing post-purchase service,
– the price including all taxes on the product, to the extent applicable, the cost of delivery; and the method of payment, delivery or execution of the distance contract; And
– if the consumer has a right of withdrawal, the return form.
Article 6 – Right of withdrawal
In the case of products:
6.1 The consumer may terminate a distance contract for a period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but does not oblige him to state his reason(s).
6.2 The cooling-off period referred to in paragraph 1 shall start on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
A. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided that he has clearly informed the consumer prior to the ordering process, refuse an order of several products with different delivery times.
(b) if the supply of a product consists of several consignments or parts: the day on which the consumer, or a third party designated by him, received the last consignment or the last part;
(c) in the case of regular supply contracts for a specified period: the day on which the consumer, or a third party designated by him, received the first product.
Extended cooling-off period for products in the case of non-recall:
6.3 If the trader has not provided the consumer with the legally required information on the right of withdrawal or the return form, the cooling-off period shall expire 12 months after the end of the original cooling-off period established in accordance with the previous paragraphs of this Article.
6.4 If the trader has provided the consumer with the information referred to in the preceding paragraph to the consumer within 12 months of the effective date of the original cooling-off period, the cooling-off period shall expire 30 days after the day on which the consumer received that information.
Article 7 – Consumer obligations during cooling-off period
7.1 During the cooling-off period, the consumer will handle the product and packaging carefully. It shall only remove the product from the packaging in which the product was transported to the extent necessary to determine the nature, characteristics and operation of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
7.2 The consumer is only liable for depreciation of the product resulting from a way of dealing with the product that goes beyond the permitted in paragraph 7.1.
7.3 The consumer is not liable for depreciation of the product if the trader has not provided him with all legally required information on the right of withdrawal before or at the conclusion of the contract.
Article 8 – Exercise of the consumer’s right of withdrawal and its costs
8.1 If the consumer uses his right of withdrawal, he shall notify the trader within the time frame of reflection by means of the return form or in any other unambiguous manner.
8.2 As soon as possible, but within 14 days of the day following the notification referred to in paragraph 8.1, the consumer shall return the product or hand it over to (an agent of) the entrepreneur. This is not necessary if the entrepreneur has offered to pick up the product himself. In any event, the consumer has complied with the timeback when he returns the product before the cooling-off period has expired.
8.3 The consumer shall return the product with all the accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the operator.
8.4 The risk and burden of proof for the proper and timely exercise of the right of withdrawal lies with the consumer.
8.5 The consumer bears the direct cost of returning the product. If the trader has not reported that the consumer has to bear these costs or if the entrepreneur indicates that he is paying the costs himself, the consumer does not have to bear the costs of the return.
Article 9 – Obligations of the entrepreneur on withdrawal
9.1 If the trader makes it possible to notify the consumer electronically, he shall immediately send an acknowledgement of receipt upon receipt upon receipt.
9.2 The trader shall reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days of the consumer notifying him of the withdrawal. Unless the trader offers to collect the product himself, he may wait until he has received the product or until the consumer proves that he has returned the product, depending on the time before.
9.3 The trader uses the same means of payment used by the consumer for a refund, unless the consumer agrees to another method. The refund is free of charge for the consumer.
9.4 If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the operator does not have to repay the additional costs for the more expensive method.
Article 10 – Right of withdrawal
The entrepreneur may exclude the following products from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract:
10.1 Products produced according to consumer specifications, which are not prefabricated and produced on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
10.2 Products whose bag has been opened after delivery and thus the sealing of the bag has been broken;
10.3 Products which, by their very nature, are irrevocably mixed with other products after delivery.
Article 11 – The price
11.1 During the period of validity indicated in the offer, the prices of the products offered shall not be increased, subject to price changes resulting from changes in VAT rates.
11.2 By way of derogation from the previous paragraph 11.1, the trader may offer products whose prices are linked to fluctuations in the financial market and which the trader has no influence on, with variable prices. This commitment to fluctuations and the fact that any prices quoted are target prices are indicated in the offer.
11.3 Price increases within 3 months of the conclusion of the distance contract shall be permitted only if they are the result of legislation or provisions.
11.4 Price increases from 3 months after the conclusion of the contract are only permitted if the trader has negotiated this and:
– they are the result of legislation or provisions, Or
– the consumer has the power to terminate the contract remotely from the day on which the price increase takes effect.
11.5 The prices listed in the supply of products include VAT.
11.6 All prices are subject to pressure and typos in the offer and/or distance agreement. For the consequences of printing and typing errors in the offer and/or distance agreement, no liability is accepted by the entrepreneur. In case of printing and typos, the entrepreneur is not obliged to supply the product according to the incorrect price.
11.7 The entrepreneur is not liable for consequential damage caused by the use of the product.
Article 12 – Re-entry into a distance agreement and additional guarantee
12.1 The entrepreneur shall ensure that the products comply with the distance contract, the specifications set out 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 ensures that the product is suitable for other than normal use.
12.2 An additional guarantee provided by the economic operator, his supplier, manufacturer or importer never limits the legal rights and claims which the consumer may assert to the entrepreneur under the contract if the trader has failed to fulfil his part of the distance contract.
12.3 An additional guarantee means any undertaking by the economic operator, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfil his part of the distance contract.
12.4 Any defects or mishandled products must be reported in writing to the trader within 4 weeks of delivery. The return of the products must be returned in its original packaging and in new condition.
12.5 The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty shall not apply if:
- The consumer has repaired and/or processed the products supplied himself or has had them repaired and/or processed by third parties;
- The products supplied have been exposed to abnormal conditions or otherwise treated carelessly or are contrary to the instructions of the trader and/or have been treated on the packaging; And
- The inequity is, in whole or in part, the result of rules that the government has or will impose as regards the nature or quality of the materials applied.
Article 13 – Delivery and execution
13.1 The entrepreneur will take the utmost care when receiving and carrying out orders of products.
13.2 The place of delivery shall be the address which the consumer has made known to the trader.
13.3 In accordance with the terms and conditions set out in Article 4 there, the operator shall carry out accepted orders with skillful urgency but within 30 days at the latest, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive a notice no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract at no cost. The consumer is not entitled to compensation.
13.4 After dissolution in accordance with the previous paragraph, the trader will immediately repay the amount paid by the consumer.
13.5 All delivery times are indicative. The consumer cannot derive any rights from any such time limits. Exceeding a delivery period does not entitle the consumer to compensation.
13.6 The risk of damage and/or disappearance of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-appointed representative and disclosed to the entrepreneur, unless expressly otherwise agreed.
Article 14 – Payment
14.1 To the extent that no other provision is made in the distance contract or these terms and conditions, the amounts due by the consumer under the distance contract shall be paid within 14 days of the expiry of the cooling-off period or in the absence of a period of reflection within 30 days of the conclusion of the contract.
14.2 When selling products to consumers, the consumer may never be required, under terms and conditions, to pay more than 50%. Where advance payment has been negotiated, the consumer cannot assert any right to carry out the order in question before the prepayment has been negotiated.
14.3 The consumer has a duty to report inaccuracies to the trader without delay in payment details provided or mentioned.
14.4 If the consumer has not fulfilled his payment obligation(s) in good time, after he has been informed by the entrepreneur of the late payment and the trader has granted the consumer a period of 14 days to meet his payment obligations, after failing to make payment within that 14-day period, he is liable for the statutory interest due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs are up to: 15% on outstanding amounts up to € 2,500,=; 10% on the subsequent €2,500,= and 5% on the next €5,000,= with a minimum of €40,=.
Article 15 – Intellectual property
15.1 All intellectual property rights relating to the products are vested in the entrepreneur. Without the prior consent of the entrepreneur, the consumer is not permitted to multiply, publish, recreate or reverse engineer the products in whole or in part.
15.2 The consumer may only trade products from the entrepreneur under the trade mark, logo, trade name and according to the specifications under which the products were supplied to the consumer by the trader. The consumer must not change the quality of the products purchased from the trader, including packaging and instructions.
15.3 The consumer is not licensed to use the intellectual property and only the right to use the product for which it is intended, unless the entrepreneur and the consumer have explicitly agreed to do so.
Article 16 – Complaints scheme
16.1 The entrepreneur has a sufficiently published complaints procedure and handles the complaint in accordance with this complaints procedure.
16.2 Complaints concerning the performance of the distance contract must be submitted in full and clearly to the operator within two months of the consumer’s detection of the defects.
16.3 Complaints submitted to the entrepreneur shall be answered within 14 days of the date of receipt. If a complaint requires a foreseeable longer processing time, the trader replies within the 14-day period with a message of receipt and an indication when the consumer can expect a more detailed response.
16.4 A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
16.5 If a complaint is found to be justified by the entrepreneur, the entrepreneur will replace the products supplied free of charge or the products supplied.
Article 17 – Disputes
Agreements between the entrepreneur and the consumer to which these terms and conditions relate shall be subject only to Dutch law.
Article 18 – Additional or derogatory provisions
Additional or different provisions under these terms and conditions may not be to the detriment of the consumer and should be communicated to the consumer and recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data medium.