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 – Obligations of the consumer during the cooling-off period
Article 8 – Exercise of the right of withdrawal by the consumer 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 – Fulfilment and extra warranty
Article 13 – Delivery and execution
Article 14 – Extended transactions: duration, cancellation and extension
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Additional or differing provisions
Article 19 – Changes to the General Terms and Conditions
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 contract and these items, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between the third party and the entrepreneur;
Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Continuing performance agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
Durable data carrier: any tool – including e-mail – that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that prevents future access or use during a period that is tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
Distance contract: an agreement that is concluded between the entrepreneur and the consumer as part of an organised system for the remote sale of products, digital content and/or services, whereby sole or joint use is made of one or more techniques for remote communication up to and including the moment at which the agreement is concluded;
Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions;
Technology for remote communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to meet in the same room at the same time.
ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR
Name of entrepreneur: Sitecom Europe B.V.
Trading under the brands Sitecom and Fresh 'n Rebel
Business address: Blaak 6, 3011 TA Rotterdam
Visiting address: Visiting is not possible, as there are only online sales.
Phone number (weekdays from 8.30 am to 5 pm): 010 – 238 33 22
E-mail address: [email protected]
Chamber of Commerce number: 24313551
VAT number: NL8093.88.182.B01 (NL) / BE0883101262 (BE)
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 consumer. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer.
If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed by the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
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 can be made available to the consumer electronically in such a way that the consumer can easily store this on a durable data carrier. If this is not reasonably possible, it will before the distance contract is concluded be indicated where the general terms and conditions can be accessed electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and, in the event of conflicting conditions, the consumer can always invoke the applicable provision that is most favourable to him.
ARTICLE 4 – THE OFFER
If an offer has a limited period of validity or is made subject to conditions, this will be expressly 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 allow for a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding for the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
ARTICLE 5 – THE AGREEMENT
Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance of the offer by the consumer and the fulfilment of the associated conditions.
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 can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this.
Within legal frameworks, the entrepreneur can inform himself about whether the consumer can meet his payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request stating reasons or to attach special conditions to the execution.
At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will send the following information, 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 conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information about warranties and existing after-sales service;
- the price including all taxes of the product, service or digital content; to the extent applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
- the requirements for terminating 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 an extended transaction, the provision in the previous paragraph only applies to the first delivery.
ARTICLE 6 – RIGHT OF WITHDRAWAL
The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot oblige him to state his reason(s).
The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
- if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
- if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
- in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content that are not provided on a tangible medium:
The consumer can dissolve a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium during 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot oblige him to state his reason(s).
The cooling-off period referred to in paragraph 3 commences on the day following the conclusion of the agreement.
Extended cooling-off period for products, services and digital content not supplied on a tangible medium in the absence 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 cooling-off period will expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information.
ARTICLE 7 – OBLIGATIONS OF THE CONSUMER DURING THE COOLING-OFF PERIOD
During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
The consumer is not liable for depreciation 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 THE COSTS THEREOF
If the consumer makes use of his right of withdrawal, he will 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 returns the product or hands 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 its 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 lies with the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer has to 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 return.
The consumer shall not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
- he has not expressly consented to the commencement of performance of the contract before the end of the cooling-off period;
- he has not acknowledged to lose his right of withdrawal when granting his consent; or
- the entrepreneur has failed to confirm this statement from the consumer.
If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
ARTICLE 9 - OBLIGATIONS OF THE ENTREPRENEUR IN THE EVENT OF WITHDRAWAL
If the entrepreneur allows for the electronic notification of withdrawal by the consumer, he will immediately send a confirmation of receipt after receiving this notification.
The entrepreneur will reimburse all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay 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 repayment until he has received the product.
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 OF THE 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, or at least in good time prior to conclusion of the contract:
- Products or services of which the 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 who is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where 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 execution has started 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 performed the agreement;
- Products manufactured 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 which, after delivery, are irrevocably mixed with other products due to their nature;
- Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
- The supply of digital content other than on a tangible medium, but only if:
- the execution has started with the express prior consent of the consumer; and
- the consumer has declared that he 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 prices mentioned 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 statutory 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. 5. The prices stated in the offer of products or services include VAT.
ARTICLE 12 – FULFILMENT AND ADDITIONAL WARRANTY
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
An extra warranty provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfil his part of the agreement.
An extra warranty is understood to mean any obligation by the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfil his part of the agreement.
ARTICLE 13 – DELIVERY AND EXECUTION
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 at the latest within 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 potential 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 – EXTENDED TRANSACTIONS: DURATION, CANCELLATION AND RENEWAL
The consumer can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products or services, at any time towards the end of the definite term, with due observance of the agreed cancellation rules and a notice period of no more than one month.
The consumer can cancel the agreements mentioned in the previous paragraphs:
- at any time and not be limited to cancellation at any particular time or 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.
An agreement that has been entered into for a definite period and which extends to the regular delivery of products or services may not be tacitly extended or renewed for a definite period.
An agreement that has been entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer is allowed to cancel at any time with a notice period of no more than one month.
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 cancellation before the end of the agreed duration.
ARTICLE 15 – PAYMENT
Insofar as not provided otherwise in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
The consumer has the obligation to immediately report inaccuracies in the payment details provided or stated to the entrepreneur.
If the consumer does not meet his payment obligation(s) on time, he will, after being notified by the entrepreneur of the late payment and after the entrepreneur has given the consumer a period of 14 days to still meet his payment obligations, after failing to pay within this 14-day period, owe the legal interest on the amount due and the entrepreneur is entitled to charge extrajudicial collection costs. 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 favour 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 foreseeably longer processing time, the entrepreneur will answer 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 term, 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.
A dispute will only be handled if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
ARTICLE 18 – ADDITIONAL OR DIFFERING 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.
ARTICLE 19 – CHANGES TO THE GENERAL TERMS AND CONDITIONS
Changes to these terms and conditions only take effect after they have been published in an appropriate manner, on the understanding that in the event of applicable changes during the term of an offer, the provision most favourable to the consumer will prevail.