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Conditions of Use

General Terms and Conditions

These terms and conditions of Nederlandse Thuiswinkel Organisatie (hereinafter referred to as: Thuiswinkel.org) were drawn up in consultation with the Dutch Consumer Organisation ‘Consumentenbond’ within the framework of the Self-Regulation Group (Coördinatiegroep Zelfreguleringsoverleg/CZ) of the Social and Economic Council, and will enter into force from 1 June 2018.

 

Table of contents:

 

Section 1 - Definitions
Section 2 - Identity of the entrepreneur
Section 3 - Applicability
Section 4 - Offer
Section 5 - Contract
Section 6 - Right of cancellation
Section 7 - Obligations of the consumer during the cooling-off period
Section 8 - Consumer’s exercise of the right of cancellation and associated costs
Section 9 - Obligations of the entrepreneur regarding the right of cancellation
Section 10 - Exceptions to the right of cancellation
Section 11 - Price
Section 12 - Compliance and additional warranty
Section 13 - Delivery and implementation
Section 14 - Extended transactions: duration, cancellation and renewal
Section 15 - Payment
Section 16 - Complaints mechanism
Section 17 - Disputes
Section 18 - Trade guarantee
Section 19 - Additional provisions or derogations
Section 20 - Amendments to the Thuiswinkel General Terms and Conditions

 

Section 1 - Definitions

 

The following definitions shall apply in these general terms and conditions:

  1. Supplementary contract: a contract by which the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by the entrepreneur or by a third party based on a contract between the third party and the entrepreneur;
  2. Cooling-off period: the period in which consumers may exercise their right of cancellation;
  3. Consumer: the natural person not acting for purposes relating to their trade, business, craft or professional activity;
  4. Day: calendar day;
  5. Digital content: data produced and supplied in digital format;
  6. Extended contract: a contract for the regular delivery of goods, services and/or digital content during a certain period;
  7. Durable data carrier: any device, including email, that allows consumers or entrepreneurs to save information personally addressed to them in such a way that allows for future consultation or use during a period of time adequate for the purpose for which the information is intended and which allows unaltered reproduction of the information stored;
  8. Right of cancellation: the option on the part of the consumer to cancel the distance contract within the cooling-off period;
  9. Entrepreneur: the natural or legal person and who offers products, digital content and/or access to digital content and/or services to consumers from a distance;
  10. Distance contract: a contract drawn up between the entrepreneur and the consumer within the framework of an organised system for the distance selling of products, digital content and/or services, up to and including entry into the contract, exclusively or partly using one or more means of distance communication;
  11. Sample cancellation form: the European sample cancellation form included in Appendix I to these terms and conditions; Appendix I need not be provided if the consumer has no right of cancellation as regards the order;
  12. Technology for distance communication: medium that can be used for entering into a contract without requiring the consumer and entrepreneur to be in the same room at the same time.

 

Section 2 - Identity of the entrepreneur

 Name of entrepreneur: Lely International N.V.
Acting under the name / names:
- Lely

Business address:
Cornelis van der Lelylaan 1, 3147 PB Maassluis

Distribution and financial settlement takes place via Company Fits B.V.
Name of entrepreneur: Company Fits B.V.
Acting under the name / names:
- Company Fits

Business address:
Tweelingenlaan 85, 7324 BL Apeldoorn

Phone number: +31555190474

Availability:
From Monday to Friday from 8:30 am to 5:00 pm

E-mail address: info@companyfits.nl

Chamber of Commerce number: 050.70201
VAT number: NL8104.65.656.B.01

 

Section 3 - Applicability

 

  1. These general terms and conditions apply to any offer from the entrepreneur and any distance contract entered into between the entrepreneur and consumer.
  2. The text of these general terms and conditions will be made available to the consumer prior to entry into the contract. If this is not reasonably possible, the entrepreneur shall, prior to entry into the distance contract, specify the manner in which the general terms and conditions may be viewed and ensure that they are sent to the consumer on request, free of charge and as promptly as possible.
  3. If the distance contract is entered into electronically, by way of derogation from the previous paragraph, the text of these general terms and conditions may be made available to the consumer prior to entry into the contract in such a way that they may easily be saved by the consumer on a durable data carrier. If this is not reasonably possible, an indication shall be provided prior to entry into the distance contract as to where the general terms and conditions may be consulted electronically and as to the fact that they may be sent free of charge, either electronically or by some other means, at the consumer’s request.
  4. If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraph shall apply mutatis mutandis and the consumer may, in the event of conflicting terms, continue to rely on the applicable provision that is most favourable.

 

Section 4 - Offer

 

  1. If an offer has a limited duration or is subject to terms and conditions, this shall be expressly mentioned in the offer.
  2. The offer contains a complete and accurate description of the products, digital content and/or services on offer. The description shall be sufficiently detailed to enable proper assessment of the offer by the consumer. If the entrepreneur makes use of images, these shall be a true representation of the products, services and/or digital content. Obvious oversights or obvious errors in the offer shall not be binding for the entrepreneur.
  3. Each offer contains such information that the consumer shall be clear as to the applicable rights and obligations attached to acceptance of the offer.

 

Section 5 - Contract

 

  1. The contract comes into effect, subject to the provisions of paragraph 4, at the point at which the consumer accepts the offer and the corresponding conditions are met.
  2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the offer’s acceptance electronically. Until receipt of said acceptance has been confirmed by the entrepreneur, the consumer may cancel the contract.
  3. If the contract has been drawn up electronically, the entrepreneur shall take appropriate technical and organisational measures in order to secure the electronic transfer of data and ensure a secure online environment. If the consumer may pay online, the entrepreneur shall take appropriate security measures.
  4. The entrepreneur may, within statutory frameworks, ascertain whether the consumer is able to meet payment obligations, as well as any facts and factors important for the responsible entry into the distance contract. If, based on this investigation, the entrepreneur has justifiable reasons not to enter into the contract, it is entitled to refuse an order or request, stating reasons, or to attach special conditions to the performance of the contract.
  5. The entrepreneur shall send, no later than upon delivery of the product, service or digital content to the consumer, the following information, in writing or in such a way that this may be saved by the consumer in an accessible manner on a durable data carrier:
    • the visiting address of the entrepreneur’s place of business to which the consumer may address any complaints;
    • the terms and conditions under which and the manner in which the consumer may make use of the right of cancellation, or a clear notification of being excluded from the right of cancellation;
    • information regarding warranties and existing service after purchase;
    • the price, including all taxes on the product, service or digital content; in so far as applicable, the cost of delivery, the payment method, delivery or performance of the distance contract;
    • the requirements for cancelling the contract if the contract has a duration of more than one year or is for an indefinite period of time;
    • if the consumer has a right of cancellation, the sample cancellation form.
  6. In the case of an extended transaction, the previous paragraph applies to the first delivery only.

 

Section 6 - Right of cancellation

 

For products:

  1. The consumer may, without stating reasons, cancel the contract relating to the purchase of a product within the cooling-off period of 14 days. The entrepreneur may ask the consumer for the reason for cancellation, but may not oblige the consumer to provide a reason.
  2. The cooling-off period referred to in paragraph 1 shall commence on the day after which the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
    • if the consumer has ordered multiple products within the same order: the day on which the consumer, or a third party designated by the consumer has received the final product. The entrepreneur may, provided that it has clearly informed the consumer thereof prior to the ordering process, refuse an order of multiple products with different delivery times.
    • if the delivery of a product consists of several parts or deliveries: the day on which the consumer, or a third party designated by the consumer, has received the final part or delivery;
    • for contracts for the regular supply of products for a specific period: the day on which the consumer, or a third party designated by the consumer, has received the first product.

For services and digital content not supplied on a material carrier:

  1. The consumer may terminate a service contract and a contract for supplying digital content that is not supplied on a material carrier during a period of 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for cancellation, but may not oblige the consumer to provide a reason.
  2. The cooling-off period referred to in paragraph 3 shall commence on the day following entry into the contract.

Extended cooling-off period for products, services and digital content not supplied on a material carrier when no information on right of cancellation has been supplied:

  1. If the entrepreneur has not provided the consumer with the legally required information regarding the right of cancellation or the sample form, the cooling-off period shall expire twelve months following the end of the original cooling-off period specified in accordance with the previous paragraphs in this section.
  2. If the entrepreneur referred to in the previous paragraph has provided information to the consumer within 12 months of the starting date of the original cooling-off period, the original cooling-off period shall expire 14 days following the day on which the consumer has received the information.


 

Section 7 - Obligations of the consumer during the cooling-off period

 

  1. During the cooling-off period, the consumer shall treat the product and packaging with care. The product may only be unpacked or used to the extent necessary in order to determine the nature, characteristics and operation of the product. This is based on the principle that the consumer may only handle and inspect the product in the same manner as in a shop.
  2. The consumer is only liable for depreciation of the product resulting from a manner of handling the product that goes beyond what is permitted in paragraph 1.
  3. The consumer is not liable for depreciation of the product if the entrepreneur has not, prior to or during entry into the contract, provided all legally required information regarding the right of cancellation.

 

Section 8 - Consumer’s exercise of the right of cancellation and associated costs

 

  1. If the consumer exercises the right of cancellation, the entrepreneur must receive a notification within the cooling-off period by means of the sample cancellation form or in an otherwise unequivocal manner.
  2. The consumer shall return the product or transfer it to the entrepreneur or a representative of the entrepreneur as soon as possible, as long as this is within 14 days from the day following the notification referred to in paragraph 1. This is not required if the entrepreneur has offered to collect the product. The consumer has in any case complied with the return deadline if the product has been returned before the cooling-off period has expired.
  3. The consumer shall return the product with all accessories, and if reasonably possible, in the original condition and packaging, and in accordance with the reasonable and clear instructions issued by the entrepreneur.
  4. The risk and the burden of proof for the proper and timely exercise of the right of cancellation lies with the consumer.
  5. The consumer shall bear the direct costs of returning the product. If the entrepreneur has not indicated that the consumer must bear these costs or if the entrepreneur indicates that it will bear said costs, the consumer is not obliged to bear the costs of returning the product.
  6. If the consumer cancels after expressly requesting that the provision of the service or the supply of gas, water or electricity that is not prepared for sale be supplied in a limited volume or set quantity during the cooling-off period, the consumer shall owe the entrepreneur an amount in proportion to the part of the commitment that the entrepreneur has fulfilled at the time of cancellation, compared with full compliance with the commitment.
  7. The consumer shall bear no costs for the provision of services or the supply of water, gas or electricity that has not been prepared for sale in a limited volume or quantity or the supply of district heating if:
    • the entrepreneur has not provided the consumer with the legally required information regarding the right of cancellation, the cost compensation upon cancellation or the sample cancellation form;
    • the consumer has not expressly requested this on commencement of the provision of the service or supply of gas, water, electricity or district heating during the cooling-off period.
  8. The consumer shall not bear the costs of the full or partial delivery of digital content not supplied on a material carrier if:
    • prior to delivery, the consumer has not expressly agreed to commencing performance of the contract prior to the end of the cooling-off period;
    • the consumer has not acknowledged the loss of the right of cancellation when granting consent; or
    • the entrepreneur has failed to confirm this declaration from the consumer.
  9. If the consumer exercises the right of cancellation, any additional contracts shall be cancelled ipso jure.

 

Section 9 - Obligations of the entrepreneur regarding the right of cancellation

 

  1. If the entrepreneur offers the consumer the option of notification of cancellation using electronic means, it shall send an acknowledgement of receipt of this notification forthwith.
  2. The entrepreneur shall refund all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, forthwith and within 14 days following the day on which the consumer notifies it of the cancellation. Unless the entrepreneur offers to pick up the product, the refund may be withheld until the product has been received or until the consumer provides evidence that the product has been returned, whichever date is the earliest.
  3. The entrepreneur shall use the same payment method for refunds as that used by the consumer, unless the consumer agrees to a different method. The refund shall be free of charge to the consumer.
  4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not obliged to refund the additional costs for the more expensive method.

 

Section 10 - Exceptions to the right of cancellation

 

The entrepreneur may exclude the following goods and services from the right of cancellation, but only if the entrepreneur has clearly specified this in the offer, at least in good time before entering into the contract:

  1. Products or services with a price linked to fluctuations in the financial market over which the entrepreneur has no influence and which may arise within the cooling-off period
  2. Contracts entered into during a public auction. Public auction is understood to mean a sales method by which products, digital content and/or services are provided by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the auspices of an auctioneer and in which the successful bidder is obliged to purchase the products, digital content and/or services;
  3. Service contracts, after full performance of the service but only if:
    • the performance thereof commenced with the express prior consent of the consumer; and
    • the consumer has acknowledged the loss of the right of cancellation as soon as the entrepreneur has fully performed on the contract;
  4. Package tours as referred to in Article 7:500 of the Dutch Civil Code and contracts relating to passenger transport; 
  5. Service contracts for the provision of accommodation, if a specific date or period of performance is set out in the contract and for reasons other than housing purposes, goods transport, car hire services and catering;
  6. Contracts relating to leisure, if a specific date or period for this is set out in the contract;
  7. Products manufactured in accordance with consumer specifications that are not prefabricated and that are manufactured based on an individual choice or decision by the consumer, or which are clearly intended for a specific person;
  8. Products that quickly deteriorate or have a limited shelf life;
  9. Sealed products which, for reasons of health or hygiene, are not suitable to be returned and which have a broken seal following delivery;
  10. Products which, following delivery, have been irrevocably mixed with other products due to their nature;
  11. Alcoholic beverages, the price of which is agreed at the time at which the contract is entered into but of which delivery may only take place after 30 days and of which the actual value is dependent on fluctuations in the market over which the entrepreneur has no influence;
  12. Sealed audio, video recordings and computer software, the seal of which is broken after delivery;
  13. Newspapers, journals or magazines, with the exception of subscriptions;
  14. The delivery of digital content other than on a material carrier, but only if:
    • the performance thereof commenced with the express prior consent of the consumer; and
    • the consumer has acknowledged that the right of cancellation is lost thereby.

 

Section 11 - Price

 

  1. During the period of validity specified in the offer, the prices of the products and/or services on offer shall not be increased, except for price changes resulting from changes in VAT rates.
  2. By way of derogation from the preceding paragraph, the entrepreneur may offer products or services with variable prices, such prices being subject to fluctuations in the financial market and over which the entrepreneur has no control. This effect of fluctuations and the fact that any prices stated serve only as an indication will be mentioned in the offer.
  3. Price increases within 3 months of entry into the contract are only permitted if they are the result of legislation or regulations.
  4. Price increases from three months following the entry into the contract are only permitted if the entrepreneur has stipulated this and:
    • this is the result of statutory regulations or stipulations; or
    • the consumer is authorised to cancel the contract with effect from the day on which the price increase takes effect.
  5. The prices specified in the offer of products or services shall include VAT.

 

Section 12 - Compliance with the contract and additional warranty

 

  1. The entrepreneur shall ensure that the products and/or services comply with the contract, the specifications set out in the offer, the reasonable requirements of reliability and/or usefulness and the legal provisions and/or government regulations applicable on the date on which the contract enters into force. If agreed, the entrepreneur shall ensure that the product is suitable for use other than its standard use.
  2. An additional guarantee provided by the entrepreneur, its supplier, manufacturer, or importer shall never limit the legal rights and claims of the consumer against the entrepreneur on the basis of the contract if the entrepreneur has failed to fulfil its part of the contract.
  3. ‘Additional guarantee’ is understood to mean any undertaking by the entrepreneur, its supplier, importer or manufacturer in which it grants certain rights or claims to the consumer that go beyond what is legally required if it has failed to fulfil its part of the contract.

 

Section 13 - Delivery and implementation

 

  1. The entrepreneur shall take the greatest possible care when receiving and fulfilling product orders and when assessing applications for the provision of services.
  2. The address that the consumer has provided to the entrepreneur shall be the delivery address.
  3. Subject to what is stated in section 4 of these terms and conditions, the entrepreneur shall fulfil accepted orders in the appropriate amount of time, and no later than within 30 days, unless a different delivery period has been agreed in writing. If a delivery is delayed, or if an order cannot be fulfilled in whole or in part, the consumer shall be notified no later than 30 days after the order was placed. In this case, the consumer shall be entitled to cancel the order without incurring any costs and may be entitled to compensation.
  4. Following cancellation under the previous paragraph, the entrepreneur shall refund the consumer the sum in question forthwith.
  5. The risk of damage to and/or loss of the products rests with the entrepreneur until the point of delivery to the consumer or a representative who has been previously assigned and made known to the entrepreneur, unless otherwise expressly agreed.

 

Section 14 - Extended transactions: duration, cancellation and renewal

 

Cancellation:

  1. The consumer may at any time cancel a contract entered into for an indefinite period for the regular delivery of products (including electricity) or services with due observance of the agreed rules for cancellation and a cancellation period of up to one month.
  2. The consumer may, at any time towards the end of the specified duration, cancel a contract entered into for a set period for the regular delivery of products (including electricity) or services, with due observance of the agreed rules for cancellation and a cancellation period of up to one month.
  3. The consumer may, in the contracts specified in the preceding paragraphs:
    • cancel at any time and not be limited to cancellation at a certain point or within a certain period;
    • as a minimum, cancel by the same means used to enter into the contract;
    • cancel at any point with the same notice period that the entrepreneur has negotiated for itself.

Extension:

  1. A contract entered into for a set period for the regular delivery of products (including electricity) or services may not be tacitly extended, or renewed for a set period.
  2. By way of derogation from the preceding paragraph, a contract entered into for a set period for the regular delivery of daily, weekly and other newspapers and magazines may be tacitly renewed for a limited period of up to three months provided that the consumer may cancel this extended contract at the end of the extension period with a notice period of up to one month.
  3. A contract entered into for a set period for the regular delivery of products or services may only be tacitly extended for an indefinite period provided the consumer may cancel at any time with a notice period of up to one month. The notice period shall be up to three months if the contract covers regular delivery less than once per month of daily, weekly and other newspapers and magazines.
  4. A contract with a set duration for the regular supply, as a trial or introduction, of daily, weekly and other newspapers and magazines (trial subscriptions or introductory subscriptions) shall not be tacitly continued and shall automatically end following the trial or introductory period.

Duration:

  1. In the event that a contract has a duration of more than one year, the consumer may cancel the contract at any time after one year has elapsed, with a notice period of at least one month, unless there are fair and reasonable grounds against cancellation prior to the end of the agreed duration.

 

Section 15 - Payment

 

  1. Unless otherwise specified in the contract or additional terms and conditions, sums payable by the consumer should be paid within 14 days after the cooling-off period has taken effect or, in the absence of a cooling-off period, within 14 days after the contract has been signed. In the event of a contract to provide a service, this term shall commence on the day after which the consumer has received the confirmation of the contract.
  2. Where products are sold to consumers, the consumer may never be obliged in the terms and conditions to provide an advance payment of more than 50%. Where advance payment is stipulated, the consumer is not permitted to assert any rights regarding the fulfilment of the order or performance of service(s) in question prior to the advance payment having been made as agreed.
  3. The consumer is obliged to immediately notify the entrepreneur in the event of any inaccuracies in the payment details supplied or specified.
  4. In the event that the consumer does not promptly fulfil the payment obligation(s) and once the entrepreneur has notified the consumer of the payment delay, and provided the consumer with a period of 14 days to fulfil the payment obligations, if payment continues to be pending after this 14-day period, the consumer shall owe the statutory interest on the amount due and the entrepreneur shall be authorised to charge the extrajudicial collection costs it has incurred. These collection costs shall amount to a maximum of: 15% on outstanding amounts up to € 2,500 =; 10% on the following € 2,500 = and 5% on the following € 5,000 = with a minimum of € 40 =. The entrepreneur may derogate from the amounts and percentages specified to the benefit of the consumer.


 

Section 16 - Complaints mechanism

 

  1. The entrepreneur shall have a properly published complaints procedure and shall handle the complaint in accordance with the complaints procedure.
  2. Complaints regarding the performance of the contract must be described clearly and in full and submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur shall be responded to within a period of 14 days of the date of receipt. In the event that a complaint features a longer foreseeable processing time, the entrepreneur shall reply within a period of 14 days, acknowledging receipt and indicating when the consumer may expect a more detailed answer.
  4. A complaint regarding a product or service of the entrepreneur may also be submitted via a complaints form on the consumer page of the Thuiswinkel.org website www.thuiswinkel.org. The complaint is then sent to both the entrepreneur concerned and Thuiswinkel.org.
  5. The consumer must, in any case, provide the entrepreneur with 4 weeks in which to resolve the complaint by mutual agreement. After this period has elapsed, a dispute subject to the dispute resolution scheme shall arise.

 

Section 17 - Disputes

 

  1. Contracts between the entrepreneur and the consumer to which these general terms and conditions apply shall be governed exclusively by Dutch law.
  2. Disputes between the consumer and the entrepreneur regarding the creation or performance of contracts relating to the products and services supplied or to be supplied by the entrepreneur may, subject to the provisions set out below, be submitted either by the consumer or the entrepreneur to the Thuiswinkel Disputes Committee, PO Box 90600, 2509 LP, the Hague (www.sgc.nl).
  3. A dispute shall only be examined by the Disputes Committee provided that the consumer has first submitted the complaint to the entrepreneur within a reasonable period of time.
  4. If the complaint cannot be resolved, the dispute must be brought to the Disputes Committee no later than 12 months after the date on which the consumer filed the complaint with the entrepreneur, in writing or in another form to be determined by the Committee.
  5. If the consumer wishes to lodge a dispute before the Disputes Committee, the entrepreneur is bound by this choice. The consumer will preferably notify the entrepreneur of this in advance.
  6. In the event that the entrepreneur wishes to lodge a dispute before the Disputes Committee, the consumer must state in writing within five weeks of the entrepreneur’s written request to this effect, whether the consumer also wishes to do so, or wishes to have the dispute handled by the competent court. If the entrepreneur does not receive a response from the consumer within a period of five weeks, the entrepreneur is entitled to submit the dispute to the competent court. 
  7. The rulings of the Disputes Committee are subject to the conditions stipulated in the regulations of the Disputes Committee (https://www.degeschillencommissie.nl/english/). Decisions made by the Disputes Committee shall be made by means of binding recommendations.
  8. The Disputes Committee shall not handle a dispute or shall discontinue handling a dispute if the entrepreneur has been granted suspension of payments, goes bankrupt or effectively terminates its business activities prior to the committee having handled the dispute at a hearing and rendering a final ruling.
  9. If another recognised committee or a committee affiliated with the Dutch Foundation for Consumer Affairs (SGC) or the Financial Services Complaints Tribunal (Kifid) is competent in addition to the Thuiswinkel Disputes Committee, the latter will have exclusive jurisdiction for disputes relating mainly to the method of distance sales or services. For all other disputes, the other disputes committee recognised with the SGC or affiliated to Kifid.

 

Section 18 - Additional provisions or derogations

 

Provisions in addition to or derogating from these general terms and conditions may not disadvantage the consumer and should be set out in writing or in such a way that they can be accessibly stored by the consumer on a durable data carrier.

 

 

 


 

Annex I: Sample cancellation form

Sample cancellation form

(this form should only be completed and returned if you wish to cancel the contract)

  • To: [entrepreneur name]

[entrepreneur’s geographical address]

[entrepreneur’s fax number if available]

[entrepreneur’s email address or electronic address] 

  • I/we* hereby inform you that I/we would like to cancel our contract relating to

the sale of the following products: [product indication]*

the delivery of the following digital content: [digital content indication]*

the provision of the following service: [service indication]*,

 

 

  • Ordered/received on* [order date of services or receipt of products]  
  • [Name of consumer(s)]
  • [Consumer(s) address]
  • [Consumer(s) signature] (only when the form is submitted on paper)

* Delete whichever option does not apply or add what does apply.