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General terms and conditions Webshop-outlet.nl

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 - Cost in case of revocation
  • Article 8 - Exclusion of right of withdrawal
  • Article 9 - The price
  • Article 10 - Conformity and Warranty
  • Article 11 - Delivery and execution
  • Article 12 - Duration Transactions: Duration, Termination and Extension
  • Article 13 - Payment
  • Article 14 - Complaints
  • Article 15 - Disputes
  • Article 16 - Additional or derogatory provisions

Article 1 - Definitions

In these terms and conditions shall apply:

  • Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
  • Consumer: the natural person not acting in the exercise of professional or business and a distance contract with the entrepreneur;
  • Day: calendar;
  • Duration transaction: a distance agreement with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;
  • Durable medium: any means that the consumer or business that enables information addressed personally to him to store in a way that future consultation and unaltered reproduction of the stored information.
  • Right of withdrawal: the ability for the consumer to waive the distance contract within the cooling-off period;
  • Entrepreneur: the natural or legal products and / or remote services and consumer services;
  • Distance contract: an agreement where made in the context of a system organized by the Entrepreneur for distance sale of products and / or services, to conclude the agreement exclusive use of one or more means of distance communication;
  • Technology for distance communication: means that can be used to conclude an agreement, without the consumer and trader being in the same place at the same time.

Article 2 - Identity of the entrepreneur

Webshop-outlet.nl
Celsiusweg 4
8503 AC Joure
Telephone number: 0513 – 20 30 61 available between 09:00 – 12:00 (except Tuesdays)

E-mail address: info@webshop-outlet.nl
Chamber of Commerce: 63041618
VAT identification number: NL855068450B01

Article 3 - Applicability

  • These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
  • Before the distance contract is concluded, the text of these general conditions made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, indicated that the general conditions for the entrepreneur to see and they will be sent. As soon as possible free of charge to the consumer
  • If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions are set in such a way that the consumer in the consumer made available electronically a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, indicated where the general conditions may be taken and that they electronically or otherwise will be sent free of charge. Request of the consumer electronically
  • In the event that in addition to these terms and conditions specific product or service conditions apply, the second and third paragraphs shall apply and the consumer in case of conflicting terms always rely on the applicable provision that is most favorable to him 's.

Article 4 - The offer

  1. If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, they are a true and fair view of the products and / or services offered. Apparent mistakes or manifest errors in the offer do not bind the entrepreneur.
  3. Each offer contains such information that is clear to the consumer what rights and obligations are involved in accepting the offer. This concerns in particular:
    • The price including taxes;
    • the possible costs of delivery;
    • The manner in which the agreement will be established and what action is required for this purpose;
    • Whether or not it applies to the right of withdrawal;
    • The manner of payment, delivery and execution of the agreement;
    • The time limit for acceptance of the offer or the period within which the entrepreneur guarantees the price;
    • The level of the distance communication fee if the cost of using the remote communication technology is calculated on a different basis from the regular base rate for the means of communication used;
    • Whether the agreement is archived after the creation, and if so, how it is consulted for the consumer;
    • The way in which the consumer can check and, if desired, recover the information provided by him under the agreement before conclusion of the agreement;
    • Any other languages ​​in which, in addition to the Dutch, the agreement can be concluded;
    • The codes of conduct which the entrepreneur has undergone and the way in which the consumer can consult these codes of conduct by electronic means; and
    • The minimum duration of the remote agreement in case of a long-term transaction.

Article 5 - The Agreement

  1. The agreement is subject to the provisions of paragraph 4, established at the time the consumer accepts the offer and meet the corresponding conditions.
  2. If the consumer has accepted the offer by electronic means, the entrepreneur immediately confirms receipt of acceptance of the offer by electronic means. As long as the acceptance of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
  3. If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the trader will take suitable security measures.
  4. The entrepreneur can - within the law - to inform or to satisfy the consumers of its payment obligations, and of all those facts and factors that are important to a sound conclusion of the distance contract. If the operator under this investigation was justified not to conclude the contract, he is entitled to refuse an order or application or to bind. Implement special conditions
  5. The entrepreneur will the product or service to the consumer the following information, in writing or in such a way that it can be stored on a durable medium, enclose the consumer in an accessible manner:
    1. The visiting address of the entrepreneur's establishment where the consumer is entitled to complaints;
    2. The conditions under which and the manner in which the consumer may use the right of withdrawal or a clear notification of the exclusion of the right of withdrawal;
    3. The information about guarantees and existing post-purchase service;
    4. The information contained in article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer prior to the performance of the agreement;
    5. The terms for termination of the agreement if the agreement is of a duration of more than one year or indefinite duration.
  6. In the event of an overdraft transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal
Right of withdrawal does not apply to B2B.

When delivering products to consumers (B2C)
When delivering products:

  1. When purchasing products, the consumer has the option to dissolve the agreement without stating reasons during 14 days. After this dissolution, the customer has another 14 days to return his or her product. This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
  2. During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent that is necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  3. The entrepreneur is not responsible for damage, loss or theft of returned items.

On delivery of services:

  1. When providing services, the consumer has the option to dissolve the agreement without stating reasons during at least fourteen days, commencing on the day of entering into the agreement.
  2. To exercise his right of withdrawal, the consumer focus to the information provided by the operator to supply and / or before the relevant provision reasonable and clear instructions.
  3. Cancellations for B2B are only allowed, after consultation with the entrepreneur, if they are made in writing, and within 24 hours of ordering. In the event of cancellation, the business customer owes the entrepreneur all reasonable costs incurred, without prejudice to the entrepreneur's right to compensation for full damage. Non-standard stock material and specially ordered material cannot be returned or canceled by the B2B, in short, a purchase obligation.

Article 7 - Cost in case of revocation

  1. If the consumer makes use of his right of withdrawal, the costs of return will be borne by the consumer at most. If the package was delivered by a special courier (not DHL, DPD or PostNL), the return costs are variable.
    The entrepreneur is not responsible for damage, loss or theft of returned items.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 working days after the return or withdrawal. The costs for the gift packaging remain for the consumer.
  3. If the product does not meet the return conditions, the costs for the return shipment to the consumer will be charged.
    • Mailbox package Netherlands- €4,95
    • Package Netherlands – € 9,95 (packages smaller than 100x50x50 cm.)
    • Package Netherlands large – € 15,95 (packages larger than 100x50x50 cm.)
    • Package EU country – €12,95
    • Packages with a special courier, due to size or weight – from €50 (depending on product size).
  4. If the consumer has not sent the return shipment to Celsiusweg 10, 8503 AC Joure, processing costs will be charged. The entrepreneur ensures that the order is returned to the relevant address in Joure. These costs differ per order and depend on the size of the package. All information regarding costs can be found via the link: https://www.postnl.nl/api/assets/blt43aa441bfc1e29f2/blt86165c55564dbfca/6548fd7cea599d040acb50ee/tarievenfolder-2024-versie3.pdf
    This amount will be deducted from the purchase amount if the invoice at Riverty/Billink or IN3 is changed.
  5. The consumer has 14 days to respond to the message indicating that the package has been refused. If there is no response, the package will be destroyed after 14 days.

Article 8 - Exclusion of right of withdrawal

  1. The entrepreneur can exclude the consumer's right of withdrawal to the extent provided for in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in time for the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
    • which have been created by the supplier to the consumer's specifications;
    • that are clearly personal in nature;
    • which by their nature cannot be returned; this includes articles such as CBD, oils, hygiene products, vibrators, licenses, courses and the like.
    • that spoil or become obsolete;
    • whose price depends on fluctuations in the financial market over which the trader has no influence;
    • for individual newspapers and magazines;
    • for audio and video recordings and computer software of which the consumer has broken the seal or has received a license key.
  3. Exclusion of the right of withdrawal is only possible for services:
    • Regarding accommodation, transport, restaurant or leisure activities on a particular date or during a certain period of time;
    • Whose delivery has been explicitly agreed by the consumer before the period of reflection has expired;
    • Regarding bets and lotteries.
  4. Business customers (B2B) have no right of return, not for standard stock material and non-standard special ordered material.

Article 9 - The price

  1. During the period of validity of the offer, the prices of the products and / or services offered will not be increased, except for price changes due to changes in VAT rates.
  2. Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, with variable prices. These fluctuations and the fact that any price targets, are stated in the offer.
  3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
  4. Price increases 3 months after the conclusion of the contract are only permitted if the trader has agreed to this and:
    • they are the result of legislation or regulations; whether
    • The consumer has the power to cancel the agreement as of the date of the price increase.
  5. The supply of products or services mentioned prices include VAT.

Article 10 - Conformity and Warranty

  1. The entrepreneur ensures that the products and / or services comply with the agreement, the specifications specified, the reasonable requirements of validity and / or usability and the statutory provisions existing on the date of the conclusion of the agreement and / Or government regulations. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
  2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer may apply to the entrepreneur under the agreement.

Article 11 - Delivery and execution

  1. The entrepeneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
  2. Incorrect address details:
    The place of delivery is the address that the consumer has made known to the company. The consumer is responsible for placing a correct delivery address. If the consumer provides an incorrect address in his or her order, the entrepreneur cannot be held responsible for this.
  3. Reshipment after returnreceipt at entrepreneur
    If the product is returned by the entrepreneur, the costs for the new shipment will be for the consumer.
    • Mailbox package Netherlands – € 3,95
    • Package Netherlands – € 7,95 (packages smaller than 100x50x50 cm.)
    • Package Netherlands large – € 9,95 (packages larger than 100x50x50 cm.)
    • Package EU country – €9,50
  4. Reshipment after late return consumer
    If the product is returned by the entrepreneur outside the specified period. The shipment is refused. The costs incurred for returning to the consumer are therefore for the consumer.
    • Mailbox package Netherlands – € 4,95
    • Package Netherlands – € 8,95 (packages smaller than 100x50x50 cm.)
    • Package Netherlands large – € 13,00 (packages larger than 100x50x50 cm.)
    • Package EU country – €10,95
  5. Cancellation after return receipt at entrepreneur
    If the order is returned by the company and the consumer decides not to purchase the product, the shipping costs will be deducted.
    • Mailbox package Netherlands – € 4,95
    • Package Netherlands – € 8,95 (packages smaller than 100x50x50 cm.)
    • Package Netherlands large – € 13,00 (packages larger than 100x50x50 cm.)
    • Package EU Country – €16,95
  6. Refusal package at door
    If the consumer refuses the order at the door, the shipping costs will be passed on to the consumer.
    – Letterbox package Netherlands – € 7,95
    – Package Netherlands – € 10,95 (packages smaller than 100x50x50 cm.)
    – Package Netherlands Large – € 16,95 (packages larger than 100x50x50 cm.)
    – Package EU country – € 16,95
    – Parcel courier service, no DHL, PostNL, DPD) – € 50,00
  7. Package not collected at a collection point
    If the consumer has not collected the order in time at a collection point of the relevant courier, the shipping costs will be charged to the consumer.
    • Mailbox package Netherlands – € 6,95
    • Package Netherlands – € 10,95 (packages smaller than 100x50x50 cm.)
    • Package Netherlands large – € 16,95 (packages larger than 100x50x50 cm.)
    • Package EU Country – €16,95
  8. Return package – Courier service (note: Boxspring return arrangement, see 11.9)
    If a courier service cannot deliver the ordered product to the consumer, and the product is taken back, the costs for transport will be passed on to the consumer.
    The costs are €50 per product ordered.
    For example:
    – the product cannot go through the stairwell;
    – the product cannot pass through the door frame;
    – the product cannot go around a certain angle;
    – the product cannot be delivered to the desired location.
  9. Package return Boxspring – Courier service
    If a courier service cannot deliver the ordered product to the consumer, and the product is taken back, the costs for transport will be passed on to the consumer.
    The costs are €50 per ordered product and the installation costs will be deducted from the purchase amount.
    For example:
    – the product cannot go through the stairwell;
    – the product cannot pass through the door frame;
    – the product cannot go around a certain angle;
    – the product cannot be delivered to the desired location.
  10. Cancellation order
    If the order is canceled after completion of the order, administration costs will be charged. This is 10% of the full purchase amount.
  11. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless a longer 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.
  12. In case of dissolution in accordance with the preceding paragraph, the trader will refund the consumer as soon as possible, but no later than paid 30 days after repudiation.
  13. If the package has not been delivered within the stated delivery time, or if the track and trace code indicates that the package has been delivered, the consumer must notify the entrepreneur within 7 days (5 working days) by telephone or email. After this period, no further investigation can be started to find out where the package was delivered.
  14. If delivery of a ordered product proves impossible, the entrepreneur will make an effort to make a replacement article available. Delivery will be reported in a clear and comprehensible manner that a replacement article is delivered. For replacement items right of withdrawal can not be excluded. The cost of any return shipping is at the expense of the entrepreneur.
  15. The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a predetermined representative and known to the entrepreneur, unless explicitly agreed otherwise.
  16. When the consumer chooses to pay via Riverty, it is not possible to change the address, nor is it possible to deliver the package to a different address than specified.

Article 12 - Duration Transactions: Duration, Termination and Extension

Termination

  1. The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
  2. The consumer can terminate an agreement that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the stipulated term with due observance of the agreed cancellation rules and a notice period of at least highest one month.
  3. The consumer can agree the agreements mentioned in the previous paragraphs:
    • Terminate at all times and not be restricted to termination at a particular time or in a certain period;
    • At least terminate in the same manner as they have been incurred by him;
    • Always terminate with the same notice period as the entrepreneur has undertaken for himself.

Extension
1. An agreement that has been entered into for a definite period of time and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
2. Contrary to the previous paragraph, a contract that has been entered into for a definite period and which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a fixed term of a maximum of three months, if the consumer has extended this can terminate the agreement towards the end of the extension with a notice period of at most one month.
3. 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 and a notice period of a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines
4. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration
If an agreement has a duration of more than one year, after one year, the consumer may terminate the agreement at any time with a notice period of no more than one month unless reasonable and fairness resists 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 14 days after the start of the reflection period as referred to in Article 6 paragraph 1. In the event of an agreement to provide a service, this period commences after the consumer has received the confirmation of the agreement.
  2. When selling products to consumers are stipulated. In terms never a prepayment of more than 50% If payment is agreed, the consumer may not assert any rights regarding the execution of the order or service (s) before the advance payment has been made.
  3. The consumer has the duty to report. Inaccuracies in data supplied or specified payment immediately to the operator
  4. In case of default by the consumer, the operator subject to statutory limitations, the right to the consumer to spend. Advance reasonable expenses will be made known

Article 14 - Complaints

  1. The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
  2. Complaints about the delivery of packages must be submitted fully and clearly described to the entrepreneur within 7 days, after the courier has indicated (track and trace code) that the package has been delivered.
  3. Complaints about the performance of the agreement must be submitted within 7 days in full and clearly defined to the entrepreneur after the consumer has identified the defects.
  4. Complaints submitted to the trader will be answered from the date of receipt. Within 14 days If a complaint is a foreseeable longer processing time, within the period of the 14 days responded with an acknowledgment of receipt and indicating when the consumer can expect. A more detailed answer
  5. If the product is replaced in its entirety and the consumer receives a return label for the defective item, the defective item must be returned to the relevant postal company within 7 calendar days. If the consumer will not comply with this, the costs of the additional article received will be invoiced to the consumer.
  6. If the complaint can not be resolved by mutual agreement, a dispute arises which is susceptible to the dispute settlement.
  7. In the event of complaints, a consumer must first turn to the entrepreneur. In the event of complaints that cannot be resolved in mutual consultation, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If a solution is not yet reached, the consumer has the option of having his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both the entrepreneur and the consumer agree to this binding decision. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
  8. A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
  9. If a complaint is found by the vendor, the vendor will either replace or repair the goods at its option or delivered.

Article 15 - Disputes

Contracts between the entrepreneur and the consumer covered by these terms and conditions shall be governed by Dutch law.

Article 16 - Additional or derogatory provisions

Additional or different provisions of these terms may not be to the detriment of the consumer and should be recorded or in such a way that they can be stored on a durable medium. Consumers in an accessible manner