General Terms and Conditions – neutral version
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 costs thereof
Article 9 – Obligations of the entrepreneur in case 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 – Long-term transactions: duration, termination and renewal
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:
- Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract 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 his right of withdrawal;
- Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or professional activity;
- Day: calendar day;
- Digital content: data produced and supplied in digital form;
- Long-term contract: an agreement that provides for the regular supply of goods, services and/or digital content during a specified period;
- Durable data carrier: any tool – including email – that enables the consumer or entrepreneur to store information addressed personally to him in a manner that allows future consultation or use for a period aligned with the purpose for which the information is intended, and that permits unchanged reproduction of the stored information;
- Right of withdrawal: the possibility for the consumer to withdraw from 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 concluded between the entrepreneur and the consumer within the framework of an organized system for the distance sale of products, digital content and/or services, whereby exclusive or joint use is made of one or more means of distance communication up to and including the conclusion of the agreement;
- Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions. Annex I does not have to be made available if the consumer has no right of withdrawal with regard to his order;
- Means of distance communication: a means that can be used for concluding an agreement without the consumer and entrepreneur having to meet in the same place at the same time.
Article 2 – Identity of the entrepreneur
VOF Koene & Zn
Burgerweg 13
3155DA
Maasland
Email address: info@mandevillashop.com
Chamber of Commerce number: 24269427
VAT identification number: 804653380B01
If the activity of the entrepreneur is subject to a relevant licensing system: the
details of the supervisory authority.
If the entrepreneur practices a regulated profession:
- the professional association or organization to which he is affiliated;
- the professional title, the place in the EU or the European Economic Area where it was granted;
- a reference to the professional rules applicable in the Netherlands and information on where and how these professional rules can be accessed.
Article 3 – Applicability
- These general terms and conditions apply to every offer made by 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, before the distance contract is concluded, indicate how the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.
- If the distance contract is concluded electronically, contrary to 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 to the consumer electronically or otherwise free of charge upon request.
- If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favorable to him.
Article 4 – The offer
- If an offer has a limited period of validity 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 a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products, services and/or digital content offered. Obvious mistakes or errors 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 acceptance of the offer.
Article 5 – The agreement
- The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set therein.
- If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance electronically. As long as 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 ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
- Within legal frameworks, the entrepreneur may investigate whether the consumer can meet his payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good grounds not to conclude the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to its execution.
- The entrepreneur shall, at the latest upon delivery of the product, service or digital content, provide the consumer with the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
- the visiting address of the entrepreneur’s establishment where the consumer can lodge complaints;
- the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information about guarantees and existing 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 execution 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 a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 – Right of withdrawal
For products:
- The consumer may dissolve an agreement relating to the purchase of a product during a cooling-off period of at least 14 days without stating reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige him to state his reason(s).
- The cooling-off period referred to in paragraph 1 commences 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 multiple 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 refuse an order of multiple products with different delivery times, provided that he has clearly informed the consumer of this prior to the ordering process.
- 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 specified period: the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content not supplied on a tangible medium:
- The consumer may dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium during a period of at least 14 days without stating reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but may not 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 case of failure to inform about 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 expires 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 information referred to in the previous paragraph to the consumer within twelve months after the starting date of the original cooling-off period, the cooling-off period expires 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 shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The guiding principle is that the consumer may handle and inspect the product only as he would be allowed to do in a shop.
- The consumer is only liable for any diminished value of the product resulting from handling of the product that goes beyond what is permitted 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 time of concluding the agreement.
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
- If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unequivocal 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 required if the entrepreneur has offered to collect the product himself. The consumer has complied with the return period in any case if he returns the product before the cooling-off period has expired.
- The consumer shall return the product with all supplied accessories, 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 lie with the consumer.
- The consumer shall bear the direct costs of returning the product. If the entrepreneur has not informed the consumer that he must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the return costs.
- If the consumer withdraws after having expressly requested that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or specified quantity begins during the cooling-off period, the consumer shall owe the entrepreneur an amount proportional to that part of the obligation which has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full performance of the obligation.
- The consumer shall bear no costs for the performance of services or the supply of water, gas or electricity 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 cost reimbursement in case of withdrawal, or the model withdrawal form; 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 shall bear no costs for the full or partial supply of digital content not supplied on a tangible medium, if:
- he has not expressly agreed prior to the delivery that performance of the agreement may begin 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 of the consumer.
- If the consumer exercises his right of withdrawal, all supplementary agreements shall be dissolved by operation of law.
Article 9 – Obligations of the entrepreneur in case of withdrawal
- If the entrepreneur makes it possible for the consumer to notify withdrawal electronically, he shall immediately send a confirmation of receipt after receiving this notification.
- The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay and no later than 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 to reimburse until he has received the product or until the consumer demonstrates that he has returned the product, whichever occurs first.
- The entrepreneur shall use the same means of payment for reimbursement that the consumer used, unless the consumer agrees to a different method. The reimbursement shall be free of charge for the consumer.
- If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not required to reimburse the additional costs for the more expensive method.
Article 10 – Exclusion of the right of withdrawal
The entrepreneur may 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 good time before concluding the agreement:
- Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no control and which may occur within the withdrawal period;
- Agreements concluded during a public auction. A public auction is defined as a method of sale whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or given the opportunity to be personally present at the auction, conducted by 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:
- performance has begun with the consumer’s explicit prior consent; and
- the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the agreement;
- Package travel arrangements 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 of performance;
- Products manufactured according to the consumer’s specifications, which are not prefabricated and are made on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life; Mandevillashop.com applies a right of withdrawal as stated in Article 6 ‘Right of withdrawal for products’, with the difference that a maximum cooling-off period of 7 days applies due to the limited shelf life of the products.
- Sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
- Products which, after delivery, are irreversibly mixed with other products due to their nature;
- Alcoholic beverages whose price was agreed upon at the time of concluding the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the entrepreneur has no control;
- Sealed audio, video recordings and computer software whose seal has been broken after delivery;
- Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
- The supply of digital content other than on a tangible medium, but only if:
- performance has begun with the consumer’s explicit prior consent; and
- the consumer has declared that he thereby loses his right of withdrawal.
Article 11 – The price
- During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.
- Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no control, at variable prices. This link to fluctuations and the fact that any stated prices are target prices shall be 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 terminate the agreement as of the day on which the price increase takes effect.
- The prices stated in the offer of products or services include VAT.
Article 12 – Performance of the agreement 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 soundness and/or usability and the legal provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- An additional warranty provided by the entrepreneur, his supplier, manufacturer or importer shall never limit the legal rights and claims that the consumer may assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfil his part of the agreement.
- An additional warranty is understood to mean any obligation of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to provide in the event that he has failed to fulfil his part of the agreement.
Article 13 – Delivery and performance
- The entrepreneur shall exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
- The place of delivery shall be the address that the consumer has made known to the entrepreneur.
- Subject to what is stated in Article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders with due speed but at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer shall be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.
- After dissolution in accordance with the previous paragraph, the entrepreneur shall immediately refund the amount paid by the consumer.
- 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 explicitly agreed otherwise.
Article 14 – Duration transactions: duration, termination and renewal
Termination:
- The consumer may terminate an agreement entered into for an indefinite period which extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
- The consumer may terminate an agreement entered into for a definite period which extends to the regular delivery of products (including electricity) or services at any time at 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 agreements referred to in the previous paragraphs:
- at any time and not be limited to termination at a specific time or during a specific period;
- at least in the same manner as they were entered into by him;
- always with the same notice period as the entrepreneur has stipulated for himself.
Renewal:
- An agreement entered into for a definite period which extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.
- Contrary to the previous paragraph, an agreement entered into for a definite period which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, provided that the consumer may terminate this renewed agreement at the end of the renewal with a notice period of no more than one month.
- An agreement entered into for a definite period which extends to 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. The notice period shall be no more than 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 introductory delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall end automatically after the trial or introductory period has expired.
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 dictate otherwise before the end of the agreed duration.
Article 15 – Payment
- Unless otherwise stipulated in the agreement or additional conditions, amounts owed by the consumer must be paid within 14 days after the commencement of the cooling-off period, or in the absence of a cooling-off period within 14 days after concluding 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.
- In the sale of products to consumers, the consumer may never be obliged in general terms and conditions to make an advance payment of more than 50%. If advance payment has been stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
- The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
- If the consumer fails to fulfil his payment obligation(s) in time, after being notified by the entrepreneur of the late payment and after the entrepreneur has granted the consumer a period of 14 days to still fulfil his payment obligations, if payment is not made within this 14-day period, the consumer shall owe statutory interest on the outstanding amount and the entrepreneur is entitled to charge the extrajudicial collection costs incurred. 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 may deviate from these amounts and percentages in favour of the consumer.
Article 16 – Complaints procedure
- The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.
- Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.
- Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall respond within the 14-day period with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.
- The consumer must in any case give the entrepreneur 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.
- The consumer may at any time contact the European Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr/
Article 17 – Disputes
- Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
Article 18 – Additional or deviating provisions
Additional provisions or provisions deviating 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.