Terms Of Service
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 - Consumer's obligations during the cooling-off period
Article 8 - Exercise of the consumer's right of withdrawal and the costs thereof
Article 9 - Obligations of the entrepreneur in the event of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Performance and additional warranty
Article 13 - Delivery and execution
Article 14 - Duration transactions: duration, termination, and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or deviating provisions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
- Additional agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance agreement, and these goods, digital content, and/or services are supplied by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur.
- Cooling-off period: the period within which the consumer can make use of their right of withdrawal.
- Consumer: the natural person who does not act for purposes related to their trade, business, craft, or profession.
- Day: calendar day.
- Digital content: data that is produced and delivered in digital form.
- Long-term agreement: an agreement that relates to the regular delivery of goods, services, and/or digital content over a certain period.
- Durable medium: any tool, including email, that allows the consumer or entrepreneur to store information that is personally addressed to them in a way that enables future consultation or use for a period tailored to the purpose for which the information is intended and which allows the unchanged reproduction of the stored information.
- Right of withdrawal: the consumer's possibility to withdraw from the distance agreement within the cooling-off period.
- Entrepreneur: DutchRenew, a natural or legal person who offers products, (access to) digital content, and/or services to consumers remotely.
- Distance agreement: an agreement concluded between the entrepreneur and the consumer 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, only or also use is made of one or more techniques for distance communication.
- Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions. Appendix I does not have to be made available if the consumer does not have a right of withdrawal with regard to their order.
- Technique for distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously present in the same space.
Article 2 - Identity of the Entrepreneur
Company Name: DutchRenew
Address: Barmaheerd 45, 9737MH Groningen
Email Address: contact@dutchrenew.nl
Chamber of Commerce Number: [Insert Chamber of Commerce Number]
Article 3 - Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur shall indicate, before the distance contract is concluded, how the general terms and conditions can be inspected by the consumer and that they will be sent free of charge upon request as soon as possible. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it shall be indicated, before the distance contract is concluded, where the general terms and conditions can be inspected electronically and that they will be sent free of charge to the consumer electronically or in another manner upon request. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis, and the consumer may always invoke the provision that is most favorable to them in the event of conflicting conditions.
Article 4 - The Offer
If an offer has a limited duration or is subject to conditions, this shall be explicitly stated in the offer. The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these shall be a true representation of the products, services, and/or digital content offered. Obvious errors or mistakes in the offer do not bind the entrepreneur. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5 - The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions stipulated therein. If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall provide a secure web environment. If the consumer can make electronic payments, the entrepreneur shall take appropriate security measures for this purpose. Within the legal frameworks, the entrepreneur may ascertain whether the consumer is able to meet his payment obligations, as well as all those facts and factors that are relevant to a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application with reasons or to attach special conditions to its performance. At the time of delivery of the product, service, or digital content to the consumer, the entrepreneur shall include the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
- The visiting address of the establishment of the entrepreneur where the consumer can address 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;
- Information about warranties and after-sales service;
- The price including all taxes of the product, service, or digital content; where applicable, the costs of delivery; and the method of payment, delivery, or performance of the distance agreement;
- The requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;
- If the consumer has a right of withdrawal, the model withdrawal form. In the case of a continuing performance contract, the provision in the previous paragraph shall apply only to the first delivery.
Article 6 - Right of Withdrawal
Regarding Products:
The consumer can dissolve a contract for the purchase of a product within a reflection period of at least 14 days without giving any reasons. The entrepreneur may ask the consumer for the reason for withdrawal but cannot obligate the consumer to provide a reason or reasons. The reflection period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or: if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by the consumer, has received the last product. The entrepreneur may refuse an order for multiple products with different delivery times, provided that this is clearly communicated to the consumer prior to the ordering process. if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by the consumer, has received the last shipment or part; for agreements regarding regular delivery of products during a certain period: the day on which the consumer, or a third party designated by the consumer, has received the first product.
Regarding Services and Digital Content Not Delivered on a Tangible Medium:
The consumer can dissolve a service agreement and an agreement for the delivery of digital content not supplied on a tangible medium within a reflection period of at least 14 days without giving any reasons. The entrepreneur may ask the consumer for the reason for withdrawal but cannot obligate the consumer to provide a reason or reasons. The reflection period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.
Extended Reflection Period for Products, Services, and Digital Content Not Delivered on a Tangible Medium in case of Non-Provision of Information on the Right of Withdrawal:
If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period ends twelve months after the end of the initial reflection period determined in accordance with the preceding paragraphs of this article. If the entrepreneur has provided the information referred to in the preceding paragraph to the consumer within twelve months after the start date of the initial reflection period, the reflection period expires 14 days after the day on which the consumer receives this information.
Article 7 - Obligations of the Consumer during the Reflection Period
During the reflection period, the consumer shall handle the product and the packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The starting point is that the consumer may only handle and inspect the product as he would be allowed to do in a store. The consumer is liable for any diminished value of the product resulting from the handling of the product beyond what is necessary to establish its nature, characteristics, and functioning, as stated in paragraph 1. The consumer is not liable for any diminished value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
If the consumer makes use of his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for returning the goods.
If the consumer withdraws after having first expressly requested that the provision of the service or the supply of gas, water or electricity that has not been made ready for sale commence in a limited volume or specific quantity during the cooling-off period, the consumer shall owe the entrepreneur a an amount that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation.
The consumer bears no costs for the performance of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model form for withdrawal, or;
the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.
The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
prior to delivery, he has not expressly agreed to commencing fulfillment of the agreement before the end of the cooling-off period;
he has not acknowledged losing his right of withdrawal when giving his consent; or
the entrepreneur has failed to confirm this statement from the consumer.
If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9 - Obligations of the entrepreneur upon withdrawal
If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt after receipt of this notification.
The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with paying back until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
Article 10 - Exclusion 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:
Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
Agreements concluded during a public auction. A public auction is understood to mean a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the supervision of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
Service agreements, after full performance of the service, but only if:
the performance has begun with the express prior consent of the consumer; and
the consumer has declared that he will lose his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
Package travel as referred to in Article 7:500 of the Dutch Civil Code and agreements for passenger transport;
Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
Agreements relating to leisure activities, if the agreement provides for a specific date or period for its implementation;
Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable to be returned for reasons of health protection or hygiene and of which the seal has been broken after delivery;
Products that are irrevocably mixed with other products after delivery due to their nature;
Alcoholic beverages, the price of which was agreed when the agreement was concluded, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence;
Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
The delivery of digital content other than on a tangible medium, but only if:
the performance has begun with the express prior consent of the consumer; and
the consumer has stated that he thereby loses his right of withdrawal.
Article 11 - The price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
they are the result of legal regulations or provisions; or
the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
Article 12 - Compliance with the agreement and extra guarantee
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the 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.
An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement.
An additional guarantee is understood to mean any obligation of the entrepreneur, his supplier, importer or producer in which he assigns certain rights or claims to the consumer that go beyond what he is legally obliged to do in the event that he has failed to fulfill his part of the agreement. .
Article 13 - Delivery and performance
The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the entrepreneur.
With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but no later than 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 14 - Duration transactions: duration, cancellation and renewal
Cancellation:
The consumer can 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 with due observance of the agreed cancellation rules and a notice period of no more than one month.
The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, with due observance of the agreed termination rules and a notice period of at least maximum one month.
The consumer can use the agreements referred to in the previous paragraphs:
cancel at any time and not be limited to cancellation at a specific time or in a specific period;
at least cancel in the same way as they have been entered into by him;
always cancel with the same notice period as the entrepreneur has stipulated for himself.
Extension:
An agreement 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 extended or renewed for a fixed term.
Contrary to the previous paragraph, an agreement that has been entered into for a definite period and 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 has signed this extended agreement against at the end of the extension can cancel with a notice period of no more than one month.
An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration:
If an agreement has a duration of more than one year, the consumer may 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 term.
Article 15 - Payment
Unless otherwise stipulated in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days after the reflection period commences, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer has received confirmation of the agreement.
When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in the general terms and conditions. When advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
The consumer is obliged to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
If the consumer does not meet his payment obligation(s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the If payment is not made within this 14-day period, the statutory interest will be due on the amount still due and the entrepreneur will be entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500.= and 5% on the next € 5,000.= with a minimum of € 40.=. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.
Article 16 - Complaints procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
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 consumer can expect a more detailed answer.
The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute settlement procedure.
Article 17 - Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
Article 18 - Additional or deviating provisions
Additional or deviating provisions 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.