These General Terms and Conditions were drafted by CiTea Amsterdam in consultation with the Consumer’s Association [Consumentenbond] in the context of the Self-regulation Coordination Group [Coördinatiegroep Zelfreguleringsoverleg CZ] of the Socioeconomic Council [Sociaal-ecomische Raad] and come into force on 1 June 2014.
Article 1 - Definitions Article 2 - The Entrepreneur’s identity Article 3 - Applicability Article 4 - The offer Article 5 - The agreement Article 6 - Right of withdrawal Article 7 - Consumer’s obligations during the reflection period Article 8 - Exercising the Consumer’s right of withdrawal and the costs Article 9 - Entrepreneur’s obligation in case of withdrawal Article 10 - Exclusion of the right of withdrawal Article 11 - The price Article 12 - Compliance and extra guaranty Article 13 - Delivery and execution Article 14 - Continuing performance contract: duration, termination and extension Article 15 - Payment Article 16 - Complaints procedure Article 17 - Disputes Article 18 - Additional provisions or derogations
Article 1 – Definitions
In these Terms and Conditions, the following terms shall have the following meanings:
- Additional agreement: an agreement in which the Consumer acquires products, digital content and/or services with respect to a distance agreement and these goods, digital content and/or services are delivered by the Entrepreneur or a third party on the basis of an arrangement between this third party and the Entrepreneur;
- Reflection period: the period during which the Consumer may use his right of withdrawal;
- Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;
- Day: calendar day;
- Digital content: data produced and delivered in digital form;
- Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period;
- Sustainable data carrier: any means, including email, that allow the Consumer or the Entrepreneur to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible.
- Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period;9. Entrepreneur: the natural of legal person who is authorized representative of the company mentioned in article 2;10. Distance contract: a contract concluded by the Entrepreneur and the Consumer within the scope of an organised system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;11. Standard form for withdrawal: the European standard form for withdrawal included in Appendix 1;12. Technology for distance communication: a means to be used for concluding an agreement without the Consumer and the Entrepreneur being together in the same place at the same time.
Article 2 – The Entrepreneur’s identity
Name of Entrepreneur; CiTea v.o.f.Telephone number and the times at which the Entrepreneur can be reached by telephone: +31611888998, office hoursChamber of Commerce number; 58595872VAT identification number; NL853105339B01If the Entrepreneur’s activity is subject to a relevant licensing regime: information about the supervising authority;If the Entrepreneur practises a regulated profession: − the professional association or professional organisation of which he is a member; − the title of his profession, the place in the EU or in the European Economic Area where it is awarded; − a reference to the rules of professional practice which are applicable in the Netherlands and information about where and how these rules of professional practice can be accessed.
Article 3 – Applicability
- These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the Consumer.
- Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, the Entrepreneur shall indicate in what way the General Terms and conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is concluded.
- If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a longterm data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that they will be sent to at the Consumer´s request free of charge, either via electronic means or otherwise, before concluding the distance contract;
- In the event that specific product or service condition apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the Consumer may always appeal to the applicable provision that is most favourable to him/her.
Article 4 – The offer
- If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
- The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable the Consumer to assess the products, or services and/or digital content adequately. If the Entrepreneur makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer do not bind the Entrepreneur.
- All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.
Article 5 – The contract
- Subject to the provisions in paragraph 4, the contract becomes valid when theConsumer has accepted the offer and fulfilled the terms and conditions set.
- If the Consumer accepted the offer via electronic means, the Entrepreneurshall promptly confirm receipt of having accepted the offer via electronicmeans. As long as the receipt of said acceptance has not been confirmed, theConsumer may repudiate the contract.
- If the contract is concluded electronically, the Entrepreneur will takeappropriate technical and organisational security measures for the electronicdata transfer and ensure a safe web environment. If the Consumer can payelectronically, the Entrepreneur shall observe appropriate security measures.
- The Entrepreneur may, within the limits of the law, gather information aboutConsumer’s ability to fulfil his payment obligations, and all facts and factorsrelevant to responsibly concluding the distance contract. If, acting on theresults of this investigation, the Entrepreneur has sound reasons for notconcluding the contract, he is lawfully entitled to refuse an order or requestsupported by reasons, or to attach special terms to the implementation.
- Before delivering the product, the Entrepreneur shall send the followinginformation along with the product, the service or the digital content in writingor in such manner that the Consumer can store it in an accessible manner ona long-term data carrier:a. the visiting address of the Entrepreneur´s business establishment wherethe Consumer may get into contact with any complaints;b. the conditions on which and the manner in which the Consumer mayexercise the right of withdrawal, or, as the case may be, clear informationabout his being exempted from the right of withdrawal;c. the information corresponding to existing after-sales services andguarantees;d. The price including all taxes of the product, service or digital content,where applicable the delivery costs and the way of payment, delivery orimplementation of the distance contract;e. the requirements for cancelling the contract if the contract has a durationof more than one year or for an indefinite period of time.f. the standard form for withdrawal if the Consumer has the right ofwithdrawal.
- In case of a continuing performance contract, the stipulation in the previousparagraph only applies to the first delivery.
Article 6 – Right of withdrawal
In case of products:1. The Consumer can repudiate a purchase contract for a product without givingreasons for a period of reflection of at least 14 days. The Entrepreneur mayask the Consumer about the reason for the withdrawal but cannot forcehim to state his reason(s).
- The reflection period referred to in sub-clause 1 starts on the day the productis received by the Consumer or by a third party appointed by him in advanceand who is not the carrier, ora. if the Consumer ordered several products in the same order: the day onwhich the Consumer or a third party appointed by him received thelast product. The Entrepreneur may refuse an order of several productswith different delivery dates provided that he clearly informs theConsumer prior to the order process.b. in case the delivery of a product consists of several batches or parts:the day on which the Consumer or a third party appointed by himreceived the last batch or the last part.c. in case of an agreement about regular delivery of products during agiven period: the day on which the Consumer or a third party appointedby him received the first product.In case of services and digital content that is not delivered on a physical carrier:3. The Consumer can terminate an agreement for services or an agreementfor delivery of digital content that is not delivered on a physical carrierwithout giving reasons during at least 14 days. The Entrepreneur may askthe Consumer about the reason for the withdrawal but cannot force him tostate his reason(s).
- The reflection period referred to in Article 3 starts on the day following theconclusion of the agreement.Extended reflection period for products, services and digital content that has notbeen delivered on a physical carrier in case no information is given about the rightof withdrawal:5. If the Entrepreneur has not provided the Consumer with the legally requiredinformation about the right of withdrawal or has not provided the standardform for withdrawal, the reflection period expires twelve months after theend of the original reflection period in accordance with the reflection perioddetermined in the previous sub-clauses of this Article.
- If the Entrepreneur provided the Consumer with the information referredto in the previous article within twelve months after the starting day of theoriginal period of reflection, the period of reflection expires 14 day after theday on which the Consumer received the information.
Article 7 – Consumer’s obligations during the time of reflection
- During this period, the Consumer shall handle the product and the packagingwith care. The Consumer shall only unpack or use the product to the extentnecessary for establishing the nature, the characteristics and the effect of theproduct. The guiding principle is that the Consumer may only handle andinspect the product in the manner in which one is allowed to handle a productin a shop.
- The Consumer is only liable for the decrease in value of the product that iscaused by the way of handling the product which went further thanallowed in sub-section 1.
- The Consumer is not liable for the decrease in value of the product if theEntrepreneur has not provided him with all legal information about the right ofwithdrawal before concluding the Agreement.
Article 8 – Exercising the Consumer’s right of withdrawal and the costs
- If the Consumer exercises his right of withdrawal he shall notify theEntrepreneur unambiguously with the standard form for withdrawal within theperiod of reflection.
- The Consumer shall return the product or deliver it to (the authorizedrepresentative of) the Entrepreneur as soon as possible but within 14 dayscounting from the day following the notification referred to in sub-clause 1.This need not be done if the entrepreneur offered to collect the producthimself. The Consumer observed the period of returning the product in anyevent if the product is returned before the expiration of the period ofreflection.
- The Consumer shall return the product with all delivered accessories and ifreasonably possible in the original state and packing and in conformity withreasonable and clear instructions given by the Entrepreneur.
- The risk and the burden of proof for the correct and timely exercise of theright of withdrawal fall on the Consumer.
- The Consumer shall bear the direct costs of returning the product. If theEntrepreneur has not reported that the Consumer has to bear these costs or ifthe Entrepreneur pointed out that he will bear the costs himself, theConsumer need not pay the cost of returning the product.
- If the Consumer withdraws after having first explicitly requested that theperformance of a service or the supply of gas, water or electricity having notbeen made ready for sale not be started in a limited volume or given quantityduring the period of reflection, the Consumer shall pay the Entrepreneur anamount that is equal to the part of the obligation already performed at thetime of withdrawal as compared with the full compliance of the obligation.7. The Consumer does not bear the costs for performing services for the supplyof water, gas or electricity that had not been made ready for sale in a limitedvolume or quantity, or for the supply of district heating ifa. the Entrepreneur has not provided the Consumer with the statutorilyrequired information about the right of withdrawal, the compensation ofcosts in case of withdrawal or the standard form for withdrawal, orb. if the Consumer has not explicitly requested that the performance ofthe service or the supply of gas, water and electricity or district heatingbe started during the period of reflection.
- The Consumer does not bear any cost for the full or partial delivery ofdigital content not stored on a physical carrier ifa. prior to the delivery, he has not explicitly consented to startperformance of the agreement before the end of the period of reflection;b. he did not acknowledge to lose his right of withdrawal when givingconsent; orc. the Entrepreneur failed to confirm the Consumer’s statement.
- If the Consumer exercises his right of withdrawal, all additional agreementsend by operation of law.
Article 9 – Entrepreneur’s obligations in case of withdrawal
- If the Entrepreneur makes the notification of withdrawal by electronic meanspossible, he shall promptly send a return receipt.
- The Entrepreneur shall reimburse all payments made by the Consumer,including any delivery costs that the Consumer may charge for the returnedproduct, as soon as possible but within 14 days following the day on whichthe Consumer notified him of the withdrawal. Unless the Entrepreneur offersto collect the product himself, he can wait with paying back until havingreceived the product or until the Consumer proved that he returned theproduct, whichever occurs first.
- The Entrepreneur shall make use of the same means of payment that theConsumer used, unless the Consumer consents to another method. Thereimbursement is free of charge for the Consumer.
- If the Consumer opted for a more expensive method of delivery instead of thecheapest standard delivery, the Entrepreneur need not reimburse theadditional costs for the more expensive method.
Article 10 - Exclusion of the right of withdrawal
The Entrepreneur can exclude the following products and services from the right ofwithdrawal but only if the Entrepreneur notified this clearly when making the offeror at any rate in good time before concluding the agreement :1. Products or services with a price that is subject to fluctuations in thefinancial market on which the Entrepreneur has no influence and which mayoccur within the period of withdrawal;
- Agreements that are concluded during a public auction. A public auction isdefined as a selling method whereby the Entrepreneur offers products, digitalcontent and/or services to the Consumer who is personally present or has thepossibility to be personally present at the auction under the direction of anauctioneer and whereby the successful bidder is obliged to purchase theproducts, the digital content and/or the services.
- Services agreements, after full performance of the service, but only ifa. the performance started with the Consumer’s explicit prior consent; andb. the Consumer stated that he will lose his right of withdrawal as soon asthe Entrepreneur has fully performed the agreement.
- Services agreements for making accommodation available when a certainperiod of implementation is provided and other than for residentialpurposes, goods transports, car rental services and catering;
- Agreements related to leisure activities when a certain date or period ofperformance is arranged in the agreement;
- Products manufactured in accordance with the Consumer’s specificationswhich are not prefabricated and which are produced on the basis of a Consumer’s individual choice or decision or which are intended for a specificperson;
- Perishable products or products with a limited durability.
- Sealed products which are for health or hygiene reasons not suitable for beingreturned and of which the seal was broken;
- Products which for their nature are irreversibly mixed with other products;
- Alcoholic drinks of which the price has been agreed upon at the conclusion ofthe agreement but of which the delivery can take place only after 30 days,and whose real value depends on fluctuations in the market which theEntrepreneur cannot affect.
- Sealed audio and video recordings and computer programs of which the sealswere broken after delivery;
- Newspapers, periodicals or magazines, with the exception of subscriptions tothem;
- The delivery of digital content other than on a physical carrier, but only if:a. the performance was started with the Consumer’s explicit priorconsent;b. the Consumer stated that he will lose his right of withdrawal by doingso.
Article 11 - The price
- The prices of the products and/or services provided shall not be raised duringthe validity period given in the offer, subject to changes in price due tochanges in VAT rates.
- Contrary to the previous paragraph, the Entrepreneur may offer products orservices whose prices are subject to fluctuations in the financial market thatare beyond the Entrepreneur’s control, at variable prices. The offer will statethe possibility of being subject to fluctuations and the fact that any indicatedprices are target prices.
- Price increases within 3 months after concluding the contract are permittedonly if they are the result of new legislation.
- Price increases from 3 months after concluding the contract are permittedonly if the Entrepreneur has stipulated it anda. they are the result of legal regulations or stipulations, orb. the Consumer has the authority to cancel the contract before the day onwhich the price increase starts.
- All prices indicated in the provision of products or services are including VAT.
Article 12 – Performance of an agreement and extra Guarantee
- The Entrepreneur guarantees that the products and/or services comply withthe contract, with the specifications listed in the offer, with reasonablerequirements of usability and/or reliability and with the existing statutoryprovisions and/or government regulations on the day the contract wasconcluded. If agreed, the Entrepreneur also guarantees that the product issuitable for other than normal use.
- An extra guarantee offered by the Entrepreneur, his Supplier, Manufacturer orImporter shall never affect the rights and claims the Consumer may exerciseagainst the Entrepreneur about a failure in the fulfilment of the Entrepreneur’sobligations if the Entrepreneur has failed in the fulfilment of his part of theagreement.
- ‘Extra guarantee’ is taken to mean each obligation by the Entrepreneur, hisSupplier, Importer or Manufacturer in whom he assigns certain rights orclaims to the Consumer that go further than he is legally required in case hefails in the compliance with his part of the agreement.
Article 13 – Delivery and execution
- The Entrepreneur shall exercise the best possible care when booking ordersand executing product orders and when assessing requests for theprovision of services.
- The place of delivery is at the address given by the Consumer to theEntrepreneur.
- With due observance of the stipulations in Article 4 of these General Termsand Conditions, the Entrepreneur shall execute accepted orders withconvenient speed but at least within 30 days, unless another delivery periodwas agreed on. If the delivery has been delayed, or if an order cannot befilled or can be filled only partially, the Consumer shall be informed about thiswithin one month after ordering. In such cases, the Consumer is entitled torepudiate the contract free of charge and with the right to possiblecompensation.
- After repudiation in conformity with the preceding paragraph, theEntrepreneur shall return the payment made by the Consumer promptly butat least within 30 days after repudiation.
- The risk of loss and/or damage to products will be borne by the Entrepreneuruntil the time of delivery to the Consumer or a representative appointed inadvance and made known to the Consumer, unless explicitly agreedotherwise.
Article 14 – Continuing performance agreements: duration, termination and renewalTermination
- The Consumer may at all times terminate a contract that was concluded foran indefinite time and which extends to the regular delivery of products(including electricity) or services, with due observance of the terminationrules and subject to not more than one month’s notice.
- The Consumer may at all times terminate a contract that was concluded for aspecific time and which extends to the regular delivery of products (includingelectricity) or services at the end of the specific period, with due observanceof the termination rules and a subject to not more than one month’s notice.
- The Consumer can cancel the agreements mentioned in the precedingparagraphs:- at any time and not be limited to termination at a particular time or in agiven period;- at least in the same way as they were concluded by him;- at all times with the same notice as the Entrepreneur stipulated forhimself.Extension4. An agreement concluded for a definite period which extends to the regulardelivery of products (including electricity) or services may not beautomatically extended or renewed for a fixed period.
- Notwithstanding the preceding paragraph, a contract for a definite periodwhich extends to the regular delivery of dailies, newspapers, weeklynewspapers and magazines, may tacitly be renewed for specific period ofthree months at the most if the Consumer can terminate this extendedagreement towards the end of the extension with a notice of one month at themost.
- An agreement concluded for a definite period and which extends to theregular delivery of products or services may only be extended tacitly for anindefinite period if the Consumer can cancel it at any time with a notice of onemonth. The notice is three months at the most in vase the contract is abouta delivery of dailies, newspapers and weeklies and magazines occurringregularly but less than once a month.
- An agreement with limited duration of regular delivery of trial dailies,newspapers, weeklies and magazines (trial or introductory subscription) is notrenewed tacitly and ends automatically after the trial or introductory period.Duration
- If the duration of a contract is more than one year, the Consumer mayterminate the contract at any time after one year with a notice of not morethan one month, unless reasonableness and fairness resist the terminationbefore the end of the agreed term.
Article 15 – Payment
- Unless otherwise stipulated in the agreement or in the additional conditions,the amounts to be paid by the Consumer must be settled within 14 days afterthe period of reflection, or if there is no period of reflection within 14 daysafter concluding the agreement. In case of an agreement to provide a service,this period starts on the day that the Consumer received the confirmation ofthe agreement.
- When selling products to Consumers, it is not permitted to negotiate anadvance payment of more than 50% in the General Terms and Conditions.If an advance payment was agreed, the Consumer may not assert any rightregarding the execution of the order in question or the service(s) inquestion before making the agreed advance payment.
- The Consumer has the duty to inform the Entrepreneur promptly of possibleinaccuracies in the payment details that were given or specified.
- In case the Consumer has not complied with his payment obligation(s) intime, and the Entrepreneur has pointed out to him that the payment was lateand allowed the Consumer a period of 14 days to comply with the paymentobligations, the Consumer is to pay the statutory interest on the amountpayable and the Entrepreneur is entitled to charge the Consumer with anyextrajudicial collection costs. These extrajudicial collection costs amount to nomore than 15% for outstanding amounts up to € 2,500, 10% for the following€ 2,500 and 5% for the following € 5000, with a minimum of € 40. TheEntrepreneur may deviate from the aforementioned amounts and percentagesin favour of the Consumer.
Article 16 – Complaints procedure
- The Entrepreneur shall have a sufficiently notified complaints procedure inplace, and shall handle the complaint in accordance with this complaintprocedure.
- Complaints about the performance of the contract shall be submitted fully andclearly described to the Entrepreneur within a reasonable time after theConsumer discovered the defects3. The complaints submitted to the Entrepreneur shall be replied within a periodof 14 days after the date of receipt. Should a complaint require a foreseeablelonger time for handling, the Entrepreneur shall respond within 14 days with anotice of receipt and an indication when the Consumer can expect a moredetailed reply.
- A complaint about the Entrepreneur’s product, service or after-sales servicecan be submitted to Citea v.o.f.
- If the complaint cannot be solved in joint consultation within a reasonabletime or within 3 months after submitting the complaint, there will be a disputethat is open to the dispute settlement rules.
Article 17 - Disputes
- Contracts between the Entrepreneur and the Consumer to which theseGeneral Terms and Conditions apply, are exclusively governed by Dutch law.
- With due observance of the provisions set out below, the disputes betweenthe Consumer and the Entrepreneur about the formation or the performanceof contracts related to products or services that the Entrepreneur must deliveror has already delivered can be submitted by both the Consumer and theEntrepreneur to Geschillencommissie Webshop, Postbus 90600, 2509 LP,The Hague (Den Haag) (www.sgc.nl).
- A dispute is handled by the Disputes Committee [Geschillencommissie] only ifthe Consumer submitted his/her complaint to the Entrepreneur within areasonable period.
- The dispute must have been submitted in writing to the GeschillencommissieWebshop within three months after arising of the dispute.
- If the Consumer wishes to submit a dispute to the Geschillencommissie, theEntrepreneur is bound by this choice. When the Entrepreneur wishes to filethe dispute to the Geschillencommissie, the Consumer must speak out inwriting within five weeks after a written request made by the Entrepreneurwhether he so desires or wants the dispute to be dealt with by the competentcourt. If the Entrepreneur has not heard of the Consumer’s option within theperiod of five weeks, the Entrepreneur is entitled to submit the dispute to thecompetent court.
- The Geschillencommissie’s decision will be made under the conditions as setout in the rules of the Arbitration Commission(http://www.degeschillencommissie.nl/over-onss/decommissies/2701/webshop).A decision made by the Geschillencommissie is a binding advice.
- The Disputes Committee will not handle a dispute or will discontinue handlingit if the Entrepreneur is granted a moratorium, goes bankrupt or actuallyended his business activities before the Commission has handled a dispute atthe hearing and delivered a final award.
- If in addition to the Geschillencommissie Webshop another disputescommittee recognised by or affiliated with the Stichting Geschillencommissiesvoor Consumentenzaken (SGC) [Foundation for Consumer ComplaintsCommittees] or the Klachteninstituut Financiële Dienstverlening (Kifid)[Financial Services Complaints Board] is competent, the disputes that aremainly related to sales methods or distance services, theGeschillencommissie Webshop Keurmerk is preferably competent, and for allother disputes, the disputes committee recognised by and affiliated with theSGC or Kifid is competent.
Article 18 - Additional provisions or derogations
Additional provisions of and/or derogations from these General Terms andConditions should not be to the Consumer’s detriment and must be put in writing orrecorded in such a way that the Consumer can store them in an accessible manneron a long-term data carrier.payment and fulfilment of these rights to compensate the Consumer.