Terms and conditions
Article 1 - Definitions
In these general Terms and Conditions, the following definitions apply:
1. Supplemental agreement: an agreement whereby the customer acquires products, digital content and / or services in connection with a distance agreement and these goods, digital content and / or services are provided by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
2. Consideration period: the period within which the customer can make use of his right of withdrawal;
3. Customer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Duration agreement: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
7. tangible data carrier: every tool — including e-mail — that enables the customer or entrepreneur to store information that is addressed to him personally in a way that future consultation or use during a period that is geared towards the goal for which the information is intended, and which allows unaltered reproduction of the stored information;
8. Right of withdrawal: the possibility for the customer to cancel the distance agreement within the consideration period;
9. Entrepreneur: the natural or legal person that offers products, (access to) digital content and / or services to customers at a distance;
10. Distance agreement: an agreement concluded between the entrepreneur and the customer within the framework of an organized system for distance selling of products, digital content and / or services, whereby, up to, and including the conclusion of the agreement exclusively or partly used becomes one or more techniques for distance communication;
11. Technique for distance communication: means that can be used for concluding an agreement, without the customer and entrepreneur having to be in the same room at the same time.
Article 2 - Identity of the entrepreneur
8448 NN Heerenveen
8448 NN Heerenveen
Telephone number: +01131641385946
E-mail address: firstname.lastname@example.org
Chamber of Commerce number: 56085893
VAT identification number: NL145838717B01
In the event that the activity of the entrepreneur is subject to a relevant licensing system: the
information about the supervisory authority.
In the event that the entrepreneur has a regulated profession:
● the professional association or organization to which he is affiliated;
● the professional title, the place in the EU or the European Economic Area where it is awarded;
● a reference to the professional rules that apply in the Netherlands and instructions on where and how these professional rules are accessible.
Article 3 - Applicability
1. These general Terms and Conditions apply to every offer made by the entrepreneur and to every distance agreement that has been concluded between the entrepreneur and the customer.
2. Before the distance agreement is concluded, the text of these general Terms and Conditions will be made available to the customer. If this is not reasonably possible, the entrepreneur, before the distance agreement is concluded, indicates how the general Terms and Conditions of the entrepreneur can be seen and that they will be sent free of charge as soon as possible at the request of the customer.
3. If the distance agreement is concluded electronically, by way of derogation from the previous paragraph and before the distance agreement is concluded, the text of these general Terms and Conditions can be made available electronically to the customer in such a way that it can be stored easily by the customer on a tangible data carrier. In the event that this is not reasonably possible, before the distance agreement is concluded, it will be indicated where the general Terms and Conditions can be observed electronically and that they will be sent free of charge at the request of the customer by electronic means or otherwise.
4. In the event that specific product or service 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 customer may always invoke the applicable provision that is most favorable to him.
Article 4 - The offer
1. In the event that an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the offered products, digital content and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the customer. If the entrepreneur uses images, these are a true reflection of the offered products, services and / or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains as such, information that it is clear to the customer, what rights and obligations are attached to the acceptance of the offer.
Article 5 - The agreement
1. The agreement is, subject to the provisions of paragraph 4, concluded at the moment of acceptance by the customer of the offer and the fulfillment of the corresponding conditions.
2. In the event that the customer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer. So long as the receipt of this acceptance is not confirmed by the entrepreneur, the customer can dissolve the agreement.
3. In the event that the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the customer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can within statutory frameworks - inform whether the customer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If the entrepreneur, based on this investigation, has good reasons not to enter into the agreement, he is entitled to refuse an order or request, or to attach special conditions to the execution.
5. At the latest, upon delivery of the product, the service or digital content, the entrepreneur shall send the following information, in writing or in such a way that it can be stored by the customer in an accessible manner on a tangible medium:
6. the visiting address of the business location of the entrepreneur where the customer can go to with complaints;
7. the conditions under which and the manner in which the customer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
8. the information about guarantees and existing service after purchase;
9. the price including all taxes of the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or execution of the distance agreement;
10. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
11. In the event that the customer has a right of withdrawal, the template withdrawal form.
12. In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Right of withdrawal
1. The customer can terminate an agreement regarding the purchase of a product during a consideration period of 14 days without giving any reason. This is the official deadline. However, Carlo Lanza offers 30 days. The entrepreneur may question the customer about the reason for the withdrawal, but not to oblige him to state his reason (s).
2. The consideration period referred to in paragraph 1 starts on the day after the customer, or a third party designated by the customer in advance, who is not the carrier, has received the product, or:
3. if the customer has ordered several products in the same order: the day on which the customer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has informed the customer in a clear manner prior to the ordering process, refuse an order of several products with a different delivery time.
4. if the delivery of a product consists of several shipments or parts: the day on which the customer, or a third party designated by him, received the last shipment or the last part;
5. in agreements for the regular delivery of products during a certain period: the day on which the customer, or a third party designated by him, has received the first product.
For services and digital content that is not delivered on a tangible medium:
1. The customer can dissolve a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium for a minimum 14 days without giving any reason. The entrepreneur may question the customer about the reason for the withdrawal, but not to oblige him to state his reason (s).
2. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended consideration period for products, services and digital content that has not been delivered on a tangible medium when not informing about the right of withdrawal:
1. In the event that the entrepreneur has not provided the customer with the legally required information about the right of withdrawal or the template withdrawal form, the consideration period will expire twelve months after the end of the original consideration period as determined in accordance with the previous paragraphs of this article.
2. In the event that the entrepreneur has provided the customer with the information referred to in the previous paragraph within twelve months after the commencement date of the original consideration period, the consideration period will expire 30 days after the day on which the customer has received this information.
Article 7 - Obligations of the customer during the consideration period
1. During the consideration period, the customer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the customer may only handle and inspect the product as he would be allowed to do so in a store.
2. The customer is only liable for the value reduction of the product that is the result of handling the product in a manner that goes further than allowed in paragraph 1.
3. The customer is not liable for the value reduction of the product if the entrepreneur has not provided him with any legally required information about the right of withdrawal prior to or at the conclusion of the agreement.
Article 8 - Exercise of the right of withdrawal by the customer and costs thereof
1. If the customer exercises his right of withdrawal, he will notify the entrepreneur within the consideration period by means of the withdrawal form or otherwise explicitly.
2. As soon as possible, but within 30 days from the day following the notification referred to in paragraph 1, the customer shall return the product, or entrust it to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. In each case, the customer has complied with the return period if he returns the product before the consideration period has expired.
3. The customer returns the product with all accessories, if reasonably possible, in its original state and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the customer.
5. The customer bears the direct costs of returning the product. If the entrepreneur has not reported that the customer must bear these costs or if the entrepreneur indicates to bear the costs himself, the customer does not have to bear the costs for return.
6. In the event that the customer withdraws after having explicitly requested that the provision of the service or the supply of gas, water or electricity, which are not made ready for sale in a limited volume or quantity during the consideration period, the customer owes the entrepreneur an amount that is proportional to that part of the obligation that the entrepreneur has fulfilled at the time of withdrawal, compared with the full fulfillment of the commitment.
7. The customer shall bear no costs for the full or partial delivery of digital content not supplied on a tangible medium if:
8. he has not explicitly agreed to commence the fulfillment of the agreement prior to the delivery before the end of the consideration period;
9. he has not acknowledged to lose his right of withdrawal when giving his consent; or
10. the entrepreneur has failed to confirm this statement from the customer.
11. If the customer makes use of his right of withdrawal, all additional agreements will be dissolved by rule of law.
Article 9 - Obligations of the entrepreneur during withdrawal
1. If the entrepreneur makes the notification of withdrawal by the customer electronically possible, he will send an acknowledgment of receipt immediately after receipt of this notification.
2. The entrepreneur will reimburse all payments from the customer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the customer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to reimburse the customer until he has received the product or until the customer demonstrates that he has returned the product, whichever comes first.
3. The entrepreneur uses the same payment method that the customer has used for reimbursement, unless the customer agrees to another method. The reimbursement is free of charge for the customer.
Article 10 - Exclusion of right of withdrawal
The entrepreneur can exclude the following products and services 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 agreement:
1. Products or services whose price is subject to fluctuations in the financial market on which the entrepreneur has no influence and which can occur within the withdrawal period;
2. Agreements that are concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content and / or services are offered by the entrepreneur to the customer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and / or services;
3. Service agreements, after full execution of the service, but only if:
4. the execution has begun with the explicit prior consent of the customer; and
5. the customer has declared that he will lose his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
6. Package travel as referred to in Section 7: 500 Dutch Civil Code and passenger transport agreements;
7. Service agreements for the provision of accommodation, if a certain date or period of execution is provided for in the agreement and other than for residential purposes, freight transport, car rental services and catering;
8. Agreements with regard to leisure activities, if a specific date or period of execution is provided for in the agreement;
9. Products manufactured according to the customer's specifications which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the customer or which are clearly intended for a specific person;
10. Sealed products which, for reasons of health protection or hygiene, are not suitable to be returned and of which the seal has been broken after delivery;
11. Products that are irrevocably mixed with other products by their nature after delivery;
Article 11 - The price
1. During the period mentioned in the offer, the prices of the offered products and / or services will not be increased, except for price alterations due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any mentioned prices are target prices are mentioned in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
a. they are the result of statutory regulations or stipulations; or
b. the customer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
6. The prices mentioned in the offer of products or services ordered and shipped outside the EU are not subject to VAT.
Article 12 - Compliance agreement and additional warranty
1. The entrepreneur warrants 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 legal provisions existing on the date of the conclusion of the agreement and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, its supplier, manufacturer or importer never limits the legal rights and claims that the customer can enforce against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement.
3. An additional guarantee is understood to mean every obligation of the entrepreneur, its supplier, importer or producer in which it assigns to the customer certain rights or claims that go beyond what is legally required in the event that it has failed to fulfill its part of the agreement.
Article 13 - Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the customer has made known to the entrepreneur.
3. With due observance of what has been stated in article 4 of these Terms and Conditions, the entrepreneur will execute accepted orders expeditiously but no later than 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot or can only partially be executed, the customer will receive notification of this no later than 30 days after he has placed the order. In that case, the customer has the right to terminate the contract without penalty and the right to any compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately reimburse the amount that the customer has paid.
5. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the customer or to a pre-designated and known representative to the entrepreneur, unless expressly agreed otherwise.
Article 14 - Duration of transactions: duration, cancellation and extension
1. The customer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
2. The customer can terminate an agreement that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the stipulated term with due observance of the agreed cancellation rules and a notice period of at most one month.
3. The customer can in the agreements mentioned in the previous paragraphs:
● cancel at any time and not be limited to termination at a specific time or in a given period;
● at least cancel in the same manner as they were entered into by him;
● always cancel with the same notice period as the entrepreneur has stipulated for himself.
1. A contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a fixed term.
2. Contrary to the previous paragraph, a contract that has been entered into for a definite period and which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months. If the customer agrees to this extended agreement, the end of the extension can be canceled with a notice period of no more than one month.
3. A contract that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period as the customer may cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months in case the agreement extends to the regular, but less than once a month for delivery of daily, news and weekly newspapers and magazines.
4. A contract of limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
If an agreement has a duration of more than one year, the customer may terminate the agreement at any time with a notice period of no more than one month, unless propriety and fairness oppose cancellation before the end of the agreed term.
Article 15 - Payment
1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the customer must be paid within 14 days after the commencement date, or in the absence of a consideration period within 14 days after the conclusion of the agreement. In case of an agreement to provide a service, this period starts on the day after the customer has received the confirmation of the agreement.
2. When selling products to customers, in the Terms and Conditions, the customer may never be obliged to pay in advance more than 50%. When payment in advance is stipulated, the customer cannot assert any rights regarding the execution of the order or service (s), before the stipulated advance payment has taken place.
3. The customer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
4. In the event that the customer does not fulfill his payment obligation (s) on time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has given the customer a period of 14 days to still fulfill his payment obligations, after the customer has failed to pay within this 14-day period the legal interest owed on the outstanding amount, the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500, =; 10% over the next € 2,500, = and 5% over the next € 5,000, = with a minimum of € 40, =. The entrepreneur may deviate from the aforementioned amounts and percentages for the benefit of the customer.
Article 16 - Complaints procedure
1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the customer has discovered the defects.
3. 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 period of 14 days with a notice of receipt and an indication when the customer can expect a more detailed answer.
4. In the event that the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after the submission of the complaint, a dispute arises that is subject to the dispute settlement rules.
Article 17 - Disputes
1. Agreements between the entrepreneur and the consumer to which these general Terms and Conditions apply are governed exclusively by Dutch law.
Article 18 - Additional or deviating provisions
Additional provisions or deviating from these Terms and Conditions may not be to the detriment of the customer and must be recorded in writing or in such a way that they can be stored by the customer in an accessible manner on a tangible medium.