Table of Contents:

Article   1 – Definitions
Article   2 – Identity of the Entrepreneur
Article   3 – Applicability
Article   4 – The Offer
Article   5 – The Agreement
Article   6 – Right of Withdrawal
Article   7 – Costs in Case of Withdrawal
Article   8 – Exclusion of the Right of Withdrawal
Article   9 – Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Execution
Article 12 – Continuing 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:

1. Day: calendar day;
2. Continuing transaction: a distance contract with regard to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
3. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation and unaltered reproduction of the stored information.
4. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
5. Model form: the model withdrawal form made available by the entrepreneur that a consumer can use if he wishes to exercise his right of withdrawal.
6. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
7. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the moment the contract is concluded;
8. Means of distance communication: a means that can be used for concluding a contract, without the consumer and the entrepreneur being simultaneously present in the same space.
9. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Business address: Lange Reed 9, 9271GE De Westereen
Email address: info@kleuraanjemuur.nl
Chamber of Commerce number: 83082050
VAT identification number: NL106195189B01

Article 3 – Applicability

1. These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be 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 are available for inspection at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.
3. If the distance contract is concluded electronically, in deviation from the previous paragraph, 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 data carrier. If this is not reasonably possible, before concluding the distance contract, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.
4. If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
5. If one or more provisions in these general terms and conditions are null and void or annulled at any time, the agreement and these terms and conditions will otherwise remain in force and the relevant provision will be replaced immediately by mutual agreement by a provision that approximates the original intent as closely as possible.
6. Situations not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
7. Ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions should be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 – The Offer

1. If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses illustrations, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
4. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
5. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This particularly concerns:
   • the price including taxes;
   • any shipping costs;
   • the way in which the contract will be concluded and which actions are necessary for this;
   • whether or not the right of withdrawal applies;
   • the method of payment, delivery and performance of the contract;
   • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
   • 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 will be archived after its conclusion, and if so, how it can be consulted by the consumer;
   • the way in which the consumer, before concluding the contract, can check and, if desired, correct the information he has provided under the contract;
   • any other languages in which, in addition to Dutch, the agreement can be concluded;
   • the codes of conduct to which the entrepreneur has submitted and the way the consumer can consult these codes of conduct electronically; and
   • the minimum duration of the distance contract in case of a continuing transaction.

Article 5 – The Agreement

1. The agreement is concluded, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose.
4. The entrepreneur may, within legal frameworks, ascertain whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or application, giving reasons, or to attach special conditions to its execution.
5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
   • the visiting address of the entrepreneur’s establishment where the consumer can lodge complaints;
   • the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
   • the information about warranties and existing after-sales services;
   • the information included in Article 4(3) of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the performance of the agreement;
   • the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.
6. In the case of a continuing transaction, the provision in the previous paragraph only applies to the first delivery.
7. Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

Upon delivery of products:

1. When purchasing products, the consumer has the option to dissolve the agreement without stating reasons for a period of 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
2. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all supplied accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days after receiving the product. The consumer must use the model form for this notification. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must prove that the goods were returned on time, for example by providing proof of dispatch.
4. If, after expiry of the terms referred to in paragraphs 2 and 3, the consumer has not indicated that he wishes to exercise his right of withdrawal, or has not returned the product to the entrepreneur, the purchase is a fact.

Upon delivery of services:

5. Upon delivery of services, the consumer has the option to dissolve the agreement without stating reasons for at least 14 days, starting on the day of entering into the agreement.
6. To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest upon delivery.

Article 7 – Costs in Case of Withdrawal

1. If the consumer exercises his right of withdrawal, at most the costs of return shipment will be at his expense.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 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 has been provided.

Article 8 – Exclusion of the Right of Withdrawal

1. The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal is only possible if the entrepreneur clearly stated this in the offer, or at least in good time before concluding the contract.
2. Exclusion of the right of withdrawal is only possible for products:
   • that have been produced by the entrepreneur in accordance with the consumer’s specifications;
   • that are clearly personal in nature;
   • that cannot be returned due to their nature;
   • that can spoil or age quickly;
   • whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
   • single newspapers and magazines;
   • audio and video recordings and computer software of which the consumer has broken the seal;
   • hygienic products of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
   • concerning accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period;
   • where the performance has begun with the express consent of the consumer before the cooling-off period has expired;
   • concerning betting and lotteries.

Article 9 – Price

1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This dependence on fluctuations and the fact that any stated prices are target prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
   • they are the result of statutory regulations or provisions; or
   • the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Products must be returned in their original packaging and in new condition.
4. The warranty period of the entrepreneur 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.
5. The warranty does not apply if:
   • The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
   • The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
   • The defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

Article 11 – Delivery and Execution

1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously 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 executed in part, the consumer will be notified of this no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the contract free of charge. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and announced representative, unless expressly agreed otherwise.

Article 12 – Continuing Transactions: Duration, Termination and Renewal

Termination

1. 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, subject to the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate a fixed-term contract that has been entered into for the regular delivery of products (including electricity) or services at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
3. The consumer may terminate the agreements referred to in the previous paragraphs:
   • at any time and not be limited to termination at a specific time or during a specific period;
   • at least in the same way as they were entered into by him;
   • always with the same notice period as the entrepreneur has stipulated for himself.

Renewal

4. A fixed-term agreement that extends to the regular delivery of products or services may not be tacitly renewed or extended for a fixed term.
5. In deviation from the previous paragraph, a fixed-term agreement that 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 consumer can terminate this renewed agreement at the end of the renewal with a notice period of no more than one month.
6. A fixed-term agreement that extends to the regular delivery of products or services may only be tacitly renewed 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 the case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. A fixed-term agreement for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year 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

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6(1). In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
2. The consumer has the duty to immediately report inaccuracies in the payment details provided or specified to the entrepreneur.
3. In case of non-payment by the consumer, and subject to legal restrictions, the entrepreneur has the right to charge the consumer reasonable costs made known in advance.

Article 14 – Complaints Procedure

1. The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the contract must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
5. A consumer must first submit the complaint to the entrepreneur. If the complaint cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If a solution is still not reached, the consumer has the option of having the complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, whose decision is binding and which both the entrepreneur and the consumer accept as binding. Submitting a dispute to this disputes 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).
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its option, either replace or repair the delivered products free of charge.

Article 15 – Disputes

1. Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

Article 16 – Additional or Deviating Provisions

Additional provisions or provisions that deviate 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 data carrier.

Spothunter.nl
Registred at Chamber of commerce at Leeuwarden
Registration nr: 83082050