Terms and Conditions (Dutch-smart B.V.) Dutch-smart.nl

Table of Contents:

Article 1 - Definitions

Article 2 - Identity of Dutch-smart.nl

Article 3 - Applicability

Article 4 - The Offer

Article 5 - The Agreement

Article 6 - Right of Withdrawal

Article 7 - Costs in the event of withdrawal

Article 8 - Exclusion of the right of withdrawal

Article 9 - The Price

Article 10 - Conformity and Warranty

Article 11 - Delivery and Performance

Article 12 - Long-term contracts: duration, termination, and renewal

Article 13 - Payment

Article 14 - Complaints Procedure

Article 15 - Disputes

Article 16 - Additional or Deviating Provisions

Article 17 - Pay Later with Billink

Article 18 - Accountability

Article 1 - Definitions

In these terms and conditions, the following terms shall have the following meanings:

1. Cooling-off period: the period during which the consumer may exercise their right of withdrawal;
2. Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance contract with Dutch-smart.nl;
3. Day: calendar day;
4. Continuing Performance Contract: a distance contract relating to a series of products and/or services, where the obligation to deliver and/or purchase is spread out over time;
5. Durable medium: any means that enables the consumer or business to store information addressed to them personally in a way that allows for future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the consumer’s right to withdraw from the distance contract within the cooling-off period;
7. Model form: the model withdrawal form provided by Dutch-smart.nl that a consumer can fill out when they wish to exercise their right of withdrawal.
8. Business: the natural or legal person who offers products and/or services to consumers via distance selling;
9. Distance contract: a contract in which, within the framework of a system organized by Dutch-smart.nl for the distance sale of products and/or services, one or more means of distance communication are used exclusively up to and including the conclusion of the contract;
10. Means of distance communication: a means that can be used to conclude a contract without the consumer and the business being physically present in the same location at the same time.
11. Terms and Conditions: the present Terms and Conditions of Dutch-smart.nl.

Article 2 - Identity of Dutch-smart.nl

Dutch-Smart B.V.

P.O. Box 760
5700AT Helmond
The Netherlands

Rooseindsestraat 31
5705BP Helmond
Netherlands

T: 085-782-7555

Chamber of Commerce: 81180772
VAT: NL861973112B01

Article 3 - Applicability

• These general terms and conditions apply to every offer made by Dutch-smart.nl and to every distance contract and order concluded between the business and the consumer.
• 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 can be viewed at Dutch-smart.nl and will be sent free of charge as soon as possible at the consumer’s request.
• If the distance contract is concluded electronically, notwithstanding 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 medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or by other means at the consumer’s request.
• In the event that specific product or service terms and 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 general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to him.
• If one or more provisions in these general terms and conditions are at any time wholly or partially void or are set aside, the agreement and these terms and conditions shall remain in force for the remainder, and the provision in question shall be replaced without delay, by mutual agreement, with a provision that approximates the intent of the original as closely as possible.
• Situations not covered by these general terms and conditions must be assessed “in the spirit” of these general terms and conditions.
• Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted “in the spirit” of these general terms and conditions.

Article 4 - The Offer

• If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
• The offer is non-binding. Dutch-smart.nl is entitled to change and modify the offer.
• The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If Dutch-smart.nl uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on Dutch-smart.nl.
• All images and specifications in the offer are for illustrative purposes only and cannot give rise to compensation or termination of the agreement.
• Product images are a true representation of the products offered. The merchant cannot guarantee that the colors displayed exactly match the actual colors of the products.
• Each offer contains sufficient information to make it clear to the consumer what rights and obligations are associated with the acceptance of the offer. This applies in particular to:
  • the price including taxes;
  • any shipping costs;
  • the manner in which the contract will be concluded and the steps required to do so;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery, and performance of the agreement;
  • the time limit for accepting the offer, or the period during which Dutch-smart.nl guarantees the price;
  • the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the standard base rate for the means of communication used;
  • whether the agreement will be archived after its conclusion, and if so, how the consumer may access it;
  • the manner in which the consumer, prior to concluding the agreement, can verify the information provided by him in the context of the agreement and, if desired, correct it;
  • any other languages in which, in addition to Dutch, the agreement may be concluded;
  • the codes of conduct to which Dutch-smart.nl is subject and the manner in which the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the distance contract in the case of a continuing performance contract.

Optional: available sizes, colors, types of materials.

Article 5 - The Agreement

1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions set forth therein.
2. If the consumer has accepted the offer electronically, Dutch-smart.nl will immediately confirm receipt of the acceptance of the offer electronically. As long as Dutch-smart.nl has not confirmed receipt of this acceptance, the consumer may terminate the contract.
3. If the agreement is concluded electronically, Dutch-smart.nl shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, Dutch-smart.nl shall observe appropriate security measures for this purpose.
4. Dutch-smart.nl may—within legal limits—verify whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to the responsible conclusion of the distance contract. If, based on this investigation, Dutch-smart.nl has good grounds not to enter into the agreement, it is entitled to refuse an order or request, stating its reasons, or to attach special conditions to its fulfillment.
5. Dutch-smart.nl will provide the consumer with the following information along with the product or service, either in writing or in a manner that allows the consumer to store it in an accessible way on a durable medium:

a. the street address of the Dutch-smart.nl location where the consumer can file complaints;

b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

c. information regarding warranties and existing post-purchase service;

d. the information set forth in Article 4, paragraph 3 of these terms and conditions, unless Dutch-smart.nl has already provided this information to the consumer prior to the performance of the agreement;

e. the requirements for terminating the agreement if the agreement has a term of more than one year or is of indefinite duration.

6. In the case of a continuing transaction, the provision in the preceding paragraph applies only to the first delivery.
7. Every agreement is entered into subject to the condition precedent of sufficient availability of the relevant products.

Article 6 - Right of Withdrawal

Upon delivery of products:

1. Upon purchase of products, the consumer has the option to cancel the agreement without giving reasons within 14 days. This cooling-off period begins on the day after the consumer or a representative designated in advance by the consumer and notified to Dutch-smart.nl receives the product.
2. During the cooling-off period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If the consumer exercises their right of withdrawal, they must return the product to Dutch-smart.nl with all accessories provided and—if reasonably possible—in its original condition and packaging, in accordance with the reasonable and clear instructions provided by Dutch-smart.nl.
3. If the consumer wishes to exercise his right of withdrawal, he is required to notify Dutch-smart.nl within 14 days of receiving the product. The consumer must provide this notification using the model form. After the consumer has notified Dutch-smart.nl of their intention to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must provide proof that the delivered goods were returned in a timely manner, for example by means of proof of shipment.
4. If, after the expiration of the periods specified in paragraphs 2 and 3, the customer has not notified Dutch-smart.nl of their intention to exercise their right of withdrawal or has not returned the product to Dutch-smart.nl, the sale is final.

For the provision of services:

5. In the case of the provision of services, the consumer has the option to terminate the agreement without giving reasons for at least 14 days, starting on the day the agreement is entered into.
6. To exercise their right of withdrawal, the consumer must follow the reasonable and clear instructions provided by Dutch-smart.nl in the offer and/or at the latest upon delivery.

Article 7 - Costs in the Event of Withdrawal

1. If the consumer exercises their right of withdrawal, they shall bear no costs other than the costs of return shipping.
2. If the consumer has paid an amount, Dutch-smart.nl 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 by the online retailer or that conclusive proof of complete return can be provided.

Article 8 - Exclusion of the Right of Withdrawal

• Dutch-smart.nl may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if Dutch-smart.nl has clearly stated this in the offer, or at least in a timely manner prior to the conclusion of the agreement.
• Exclusion of the right of withdrawal is only possible for products:

a. that have been created by Dutch-smart.nl in accordance with the consumer’s specifications;

b. that are clearly of a personal nature;

c. that, by their nature, cannot be returned;

d. that are liable to deteriorate or expire rapidly;

e. whose price is subject to fluctuations in the financial market over which Dutch-smart.nl has no influence;

f. for individual newspapers and magazines;

g. for audio and video recordings and computer software whose seal has been broken by the consumer;

h. for hygiene products where the consumer has broken the seal.

• Exclusion of the right of withdrawal is only possible for services:

a. relating to accommodation, transportation, catering, or leisure activities to be performed on a specific date or during a specific period;

b. for which delivery has begun with the consumer’s express consent before the cooling-off period has expired;

c. relating to betting and lotteries.

Article 9 - The Price

• 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 resulting from changes in VAT rates.
• Notwithstanding the previous paragraph, Dutch-smart.nl may offer products or services with variable prices if their prices are subject to fluctuations in the financial market over which Dutch-smart.nl has no influence. This dependence on fluctuations and the fact that any prices listed are indicative prices will be stated in the offer.
• Price increases within 3 months of the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
• Price increases occurring 3 months or more after the conclusion of the agreement are only permitted if Dutch-smart.nl has stipulated this and:

a. they result from statutory regulations or provisions; or

b. the consumer has the right to terminate the agreement effective as of the day the price increase takes effect.

• The prices listed in the offer of products or services include VAT.
• All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, Dutch-smart.nl is not obligated to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

• Dutch-smart.nl guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of quality and/or usability, and the legal provisions and/or government regulations in effect on the date the agreement is concluded. If agreed, Dutch-smart.nl also guarantees that the product is suitable for use other than normal use.
• A warranty provided by Dutch-smart.nl, the manufacturer, or the importer does not affect the legal rights and claims that the consumer may assert against Dutch-smart.nl under the agreement.
• Any defects or incorrectly delivered products must be reported to Dutch-smart.nl in writing within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.
• The warranty period of Dutch-smart.nl corresponds to the manufacturer’s warranty period. However, Dutch-smart.nl is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.
• The warranty does not apply if:
  1. The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
  1. The delivered products have been exposed to abnormal conditions or otherwise handled carelessly, or have been treated in violation of the instructions provided by Dutch-smart.nl and/or on the packaging;
  2. The defect is wholly or partly the result of regulations that the government has established or will establish regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

• Dutch-smart.nl will exercise the utmost care in receiving and fulfilling orders for products and in assessing requests for the provision of services.
• The place of delivery is the address that the consumer has provided to the company.
• Subject to the provisions of paragraph 4 of this article, the company will fulfill accepted orders with due diligence but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without incurring any costs. The consumer is not entitled to compensation.
• All delivery times are approximate. The consumer cannot derive any rights from any stated delivery times. Exceeding a delivery time does not entitle the consumer to compensation.
• In the event of termination pursuant to paragraph 3 of this article, Dutch-smart.nl will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
• If delivery of an ordered product proves impossible, Dutch-smart.nl will endeavor to provide a replacement item. No later than upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by Dutch-smart.nl.
• The risk of damage and/or loss of products rests with Dutch-smart.nl until the moment of delivery to the consumer or to a representative designated in advance and made known to Dutch-smart.nl, unless expressly agreed otherwise.

Article 12 - Long-term contracts: duration, termination, and renewal

Termination

• The consumer may terminate an agreement entered into for an indefinite period and intended for the regular delivery of products (including electricity) or services at any time, subject to the agreed cancellation rules and a notice period of no more than one month.
• The consumer may terminate a contract entered into for a fixed term and covering the regular supply of products (including electricity) or services, at any time prior to the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
• The consumer may terminate the contracts referred to in the preceding paragraphs:
  1. terminate at any time and not be limited to termination at a specific time or during a specific period;
  1. terminate at least in the same manner as they were entered into by the consumer;
  1. terminate at any time with the same notice period that Dutch-smart.nl has stipulated for itself.

Renewal

• An agreement entered into for a fixed term and intended for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
• Notwithstanding the preceding paragraph, a contract entered into for a fixed term and intended for the regular delivery of dailydaily, weekly, and monthly newspapers and magazines may be tacitly extended for a fixed term of up to three months, provided the consumer may terminate this extended agreement by the end of the extension period with a notice period of no more than one month.
• A contract entered into for a fixed term and intended for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month and a notice period of no more than three months if the contract provides for the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
• A fixed-term contract for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly renewed and automatically terminates at the end of the trial or introductory period.

Term

• If a contract has a term of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed term.

Article 13 - Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 business days after the start of the cooling-off period as referred to in Article 6(1). In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.
2. The consumer is obligated to immediately report any inaccuracies in the payment details provided or stated to Dutch-smart.nl.
3. In the event of non-payment by the consumer, Dutch-smart.nl has the right, subject to legal limitations, to charge the reasonable costs previously communicated to the consumer.

Article 14 - Complaints Procedure

1. Dutch-smart.nl has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
2. Complaints regarding the performance of the agreement must be submitted to Dutch-smart.nl within 7 days, fully and clearly described, after the consumer has identified the defects.
3. Complaints submitted to Dutch-smart.nl will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Dutch-smart.nl will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
4. If the complaint cannot be resolved through mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
5. In the event of a complaint, a consumer must first contact Dutch-smart.nl. For complaints that cannot be resolved through mutual consultation, the consumer must contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If a solution is still not reached, the consumer has the option to have their complaint handled by the independent dispute resolution committee appointed by Stichting WebwinkelKeur; its ruling is binding, and both the business and the consumer agree to this binding ruling. Submitting a dispute to this dispute resolution committee involves costs that the consumer must pay to the committee in question. It is also possible to file complaints via the European ODR platform (https://consumer-redress.ec.europa.eu/).
6. A complaint does not suspend Dutch-smart.nl’s obligations, unless Dutch-smart.nl indicates otherwise in writing.
7. If a complaint is found to be valid by Dutch-smart.nl, Dutch-smart.nl will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

1. Agreements between Dutch-smart.nl and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. This applies even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

Article 16 - Additional or Deviating Provisions

Any provisions that are supplementary to or 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 medium.

Article 17 - Pay Later with Billink

The personal data and/or business data that Dutch-smart processes in the course of its business operations are used (in part) by Dutch-smart or by third parties to whom the claims have been assigned
(transferred) are used for or in connection with:
a) risk analyses
b) the prevention, detection, and combating of fraud or
irregularities

Payment must be made to Billink B.V. (hereinafter: “Billink”) within the specified payment term. After all, all rights arising from the claim have been transferred by us to Billink, which
will handle the collection of the claim. Your data will be verified and recorded by or on behalf of Billink; this data may be used, among other things, for the collection of claims and the verification of orders in accordance with the acceptance policies of affiliated organizations. Billink reserves the right to refuse the customer’s request for payment on account. The payment term applied is a strict deadline. In the event of late payment, the customer is therefore in default without notice of default, and Billink is entitled to charge statutory commercial interest on a monthly basis (with a partial month being considered a full month) starting from the invoice due date. Billink is also entitled to charge the customer extrajudicial collection costs in accordance with the law. In the case of business customers, Billink is also entitled to charge the customer reminder and collection costs, without prejudice to
Billink’s right to charge the customer for the actual costs incurred if these exceed the amount calculated in this manner. These costs amount to at least 15% of the principal amount, with a minimum of 40 euros for consumers and 75 euros for businesses. Billink is also entitled to assign the claim to a third party. In such a case, the provisions set forth above
regarding Billink in the foregoing shall in that case also apply to the third party to whom the claim has been assigned.

Article 18: Verification

18.1 In case of doubt regarding the age or date of birth of the buyer, we will ask you to verify your age.

18.2 Dutchsmart is not responsible for misuse of the product.

18.3 Do not combine the products with alcohol, other stimulants, or medications.

18.4 Use of all our products is entirely at your own risk; Dutchsmart is not responsible for any damage resulting from the use of one of our products.

18.5 You have carefully read and understood the product information page. Follow all instructions regarding the product found on our website and product packaging, and heed all warnings.

18.6 You must store the product in a safe place, out of reach of children and individuals with diminished mental capacity.