1. Reflection period: the period within which the consumer can exercise his right of withdrawal;
2. Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur;
3. Day: Calendar day;
4. Duration of transaction: A distance contract covering a range of products
and/or services, of which the obligation to supply and/or purchase is spread over a period of time
5. Durable data carrier: any means that enables the consumer or trader to store information that is addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
7. Trader: the natural or legal person who is a member of the Dutch Thuiswinkel Organization and offers products and/or services to consumers at a distance;
8. Distance contract: an contract whereby, within the framework of a system organised by the trader for the distance sale of products and/or services, up to and including the time at which the contract is concluded, exclusive use is made of one or more techniques for distance communication;
9. Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and trader being in the same place at the same time.
ARTICLE 2 –IDENTITY OF THE ENTREPRENEUR
HART NEDERLAND B.V.
VISSERSHAVENWEG 55B
2583 DL SCHEVENINGEN
THE NETHERLANDS
Hereafter to be called Hart Beach
Phone number: +31 (0) 70 354 55 83
Email address:
[email protected]KvK-number: 27117944
VAT identification number: NL008374600B01
Bank details: Rabobank 1093.19.303
IBAN NL94RABO0109319303
BIC / SWIFT RABONL2U
ARTICLE 3 – APPLICABILITY
1. These general terms and conditions apply to every offer made by the entrepreneur and to
any distance contract concluded between the trader and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions shall be
conditions are made available to the consumer. If this is not reasonably the case
is possible, will be indicated before the distance contract is concluded.
that the general terms and conditions are available for inspection at the Entrepreneur's premises and that they are available for inspection at the request of the Entrepreneur.
consumer as soon as possible, free of charge.
3. If the distance contract is concluded electronically, the consumer may, contrary to the provisions of the
paragraph and, prior to the conclusion of the distance contract, the text of that paragraph.
general terms and conditions are made available to the consumer by electronic means
The consumer may not be allowed to use the product in any other way than in a simple way, provided that this is done in such a way that the consumer can
are stored on a durable data carrier. If this is not reasonably the case
is possible, will be indicated before the distance contract is concluded.
where the general terms and conditions can be consulted by electronic means
and, at the consumer's request, by electronic means or by other means
will be sent free of charge.
4. In the event that, in addition to these general terms and conditions, specific product or service is also provided.
If the conditions for the provision of services apply, the second and third paragraphs of the corresponding
and the consumer may, in the event of conflicting general terms and conditions
always invoke the applicable provision which is most favourable to him.
ARTICLE 4 – OFFER
1. If an offer has a limited period of validity or is made subject to conditions,
this is expressly stated in the offer.
2. The offer contains a complete and accurate description of the offered
products and/or services. The description is sufficiently detailed to ensure a good
to enable the consumer to assess the offer. If the entrepreneur
using images, these are a truthful representation of the
products and/or services offered. Obvious mistakes or obvious errors in the
The offer does not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights are.
and obligations associated with the acceptance of the offer. This concerns
in particular:
- the price including taxes;
- any costs of delivery;
- the manner in which the agreement will be concluded and which actions will be taken
are needed for that;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and execution of the agreement;
- the period for acceptance of the offer, or the period within which the offer is made.
The entrepreneur guarantees the price;
- the amount of the rate for distance communication if the costs of the
use of the means of distance communication should be calculated on the basis of a
other than the regular base rate for the used
means of communication;
- Whether the agreement will be archived after it has been concluded, and if so on what basis.
This is a way to consult it for the consumer;
- the way in which the consumer, before concluding the contract, is to be consulted by the
verify any information provided to it under the Agreement, and
If desired, repair;
-any other languages in which, in addition to Dutch, the agreement can be
...will be closed;
- the codes of conduct to which the trader is subject and the manner in which they are to be applied.
which allows the consumer to consult these codes of conduct electronically;
and
- the minimum duration of the distance contract in the case of a long-term transaction.
ARTICLE 5 – THE AGREEMENT
1. Subject to the provisions of paragraph 4, this Agreement shall be concluded on the basis of the following provisions
moment of acceptance by the consumer of the offer and the fulfilment of the associated
conditions set.
2. If the consumer has accepted the offer by electronic means, the consumer shall confirm that he has accepted the offer by electronic means.
entrepreneur to receive the acceptance of the agreement electronically without delay.
offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur,
the consumer can dissolve the contract.
3. If the contract is concluded electronically, the trader will find suitable
technical and organisational measures to ensure the security of the electronic
transfer of data and provides a secure web environment. If the consumer
If the entrepreneur is able to pay electronically, he will take appropriate security measures in order to do so.
4. The entrepreneur can - within the legal framework - inform himself or herself whether the consumer
to meet his payment obligations and all those facts and factors which are relevant to
are important for the responsible conclusion of the distance contract. If the
The Commission considers that, on the basis of this examination, the entrepreneur has good reasons not to terminate the contract.
he is entitled to refuse an order or request or to inform the customer of the reasons for doing so.
The Commission is of the opinion that the implementation of this Regulation should be subject to special conditions.
5. The entrepreneur will include with the product or service to the consumer the following information,
in writing or in such a way that the consumer in an accessible way
can be stored on a durable data carrier, please enclose:
a. the visiting address of the establishment of the entrepreneur where the consumer with complaints
...can be done;
b. the conditions under which and the way in which the consumer can withdraw from the right of withdrawal
or a clear statement of the exclusion from the scope of the directive.
right of withdrawal;
c. the information about guarantees and existing after-sales service;
d. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur
has already provided this information to the consumer before the execution of the contract.
agreement;
e. the requirements for terminating the agreement if the agreement has a duration of
of more than one year or of indefinite duration.
6. In the case of a long-term transaction, the provision in the previous paragraph only applies to
the first delivery.
ARTICLE 6 –RIGHT OF WITHDRAWAL
On delivery of products:
1. When purchasing products, the consumer has the option of the contract
without giving reasons to dissolve during 14 days. This cooling-off period commences
on the day following receipt of the product by the consumer or a priori by the consumer, - on the day following receipt of the product by the consumer or a priori by the
consumer and the representative made known to the proprietor.
2. During the reflection period, the consumer will carefully handle the product and the
packaging. He will only unpack or use the product to the extent that it is
is necessary to be able to assess whether he wishes to keep the product. If he wants to use his
If he exercises the right of withdrawal, he will return the product with all delivered accessories and -
if reasonably possible - in the original condition and packaging to the entrepreneur
return, in accordance with the reasonable and clear instructions provided by the entrepreneur.
In case of delivery of services:
3. In the case of delivery of services, the consumer has the option of concluding the contract without any
to dissolve the statement of reasons for a period of at least fourteen days, commencing on the date of the
day of entering into the agreement.
4. To make use of his right of withdrawal, the consumer will focus on the
provided by the entrepreneur at the time of the offer and/or at the latest at the time of the delivery.
reasonable and clear instructions.
ARTIKEL 7 –COSTS IN CASE OF REVOCATION
1. If the consumer makes use of his right of withdrawal, the maximum amount that can be withdrawn is
costs of returning the goods shall be borne by him.
2. If the consumer has paid an amount, the entrepreneur will pay this amount as soon as possible.
The customer is entitled to a refund within 30 days after the return or revocation of the order.
ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL
1. The entrepreneur can exclude the consumer's right of withdrawal in so far as provided for
in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur
has this clearly in the offer, or at least in good time before the conclusion of the contract, has
listed.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with specifications of the
consumer;
b. which are clearly of a personal nature;
c. which by their nature cannot be returned;
d. which may deteriorate or age rapidly;
e. the price of which is subject to fluctuations in the financial market on which the product is sold or sold.
entrepreneur has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has no control; h. for separate newspapers and magazines; f. for separate newspapers and magazines; g. for audio and video recordings and computer software of which the consumer has no control; h. for separate newspapers and magazines; f. for separate newspapers and magazines; g. for audio and video recordings and computer software of which the consumer has no control; g. for audio and video recordings of which the consumer has no control; h. for which the consumer has no control.
broke the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, restaurant business or leisure activities to be carried out on a
date or during a certain period;
b. of which the delivery has started with the explicit consent of the consumer
before the cooling-off period has elapsed;
c. concerning bets and lotteries.
ARTICLE – THE PRICE
1. During the period of validity mentioned in the offer, the prices of the
offered products and / or services not increased, except for price changes such as
due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur may use products or services of which the
prices are subject to fluctuations in the financial market and where the entrepreneur
has no influence on offering at variable prices. This adherence to
fluctuations and the fact that any prices mentioned are target prices are not taken into account in the
offer listed.
3. Price increases within 3 months after the conclusion of the agreement are
only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if they are the result of legal regulations or provisions.
if the entrepreneur has stipulated this and:
a. these are the result of statutory regulations or provisions; or
b. the consumer has the authority to terminate the contract with effect from the date on which the contract is concluded; c. the consumer has the right to terminate the contract with effect from the date on which the contract is concluded
day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services are inclusive of VAT.
ARTICLE 10 – CONFORMITY AND WARRANTY
1. The entrepreneur guarantees that the products and / or services meet the
agreement, the specifications stated in the offer, to the reasonable requirements of
soundness and/or usefulness and the quality of the products on the date on which they are produced.
agreement existing legal provisions and/or government regulations. If
the entrepreneur also guarantees 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 has under the contract
can make a claim against the entrepreneur.
ARTICLE 11 –DELIVERY AND EXECUTION
1. The entrepreneur will take the greatest possible care when receiving the goods.
and in the execution of orders for products and in the assessment of
applications for the provision of services.
2. The place of delivery shall be deemed to be the address that the consumer has given to the company.
...made.
3. With due observance of what is stated in article 4 of these general terms and conditions
the company will accept orders with due diligence but at the latest
within 30 days unless a longer delivery period has been agreed. If the
delivery is delayed, or if an order is not or only partially
the consumer shall be informed of this no later than 30 days after the date on which he has received the
placed an order has posted a message. In that case, the consumer has the right to use the
The client is entitled to dissolve the agreement without incurring any costs and is entitled to any compensation for damages.
4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur shall pay the amount that is due to the
consumer has paid as soon as possible, but at the latest within 30 days after
dissolution, repayment.
5. If delivery of an ordered product turns out to be impossible, the entrepreneur will
endeavour to make a replacement article available. By the time of delivery at the latest
be notified in a clear and comprehensible manner of the substitution of a product
delivered. The right of withdrawal cannot be excluded in the case of replacement articles. The
The costs of any return shipment are at the expense of the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur until
the moment of delivery to the consumer or to a pre-designated and
The entrepreneur shall inform the representative, unless explicitly stated otherwise.
agreed.
ARTICLE 12 – PAYMENT
1. As far as not otherwise agreed, the consumer's debts must be paid in full.
amounts to be paid within 14 days after the start of the reflection period if
referred to in Article 6(1). In the case of a contract to provide a service,
this period commences after the consumer has received the confirmation of the contract.
2. When selling products to consumers, general terms and conditions may never
an advance payment of more than 50% is stipulated. When the prepayment is
the consumer may not assert any rights in relation to the execution of
the order or service(s) in question, before the stipulated advance payment has been made
took place.
3. The consumer has the duty to correct any inaccuracies in the payment details provided or stated.
immediately to the entrepreneur.
4. In the event of non-payment on the part of the consumer, the trader has, subject to statutory provisions, the right to
restrictions, the right to reasonable costs made known to the consumer in advance
ARTICLE 13 – COMPLAINTS MECHANISM
1. The entrepreneur has a well-publicized complaints procedure and
deals with the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the contract must be submitted within a reasonable time and in full.
and clearly described are submitted to the entrepreneur, after the consumer has received the
has found defects.
3. Complaints submitted to the Entrepreneur shall be calculated within a period of 14 days.
from the date of receipt. If a complaint is a foreseeable longer
processing time is requested by the entrepreneur within the period of 14 days
responded with an acknowledgement of receipt and an indication of when the consumer has received an
can expect a more detailed answer.
4. A complaint about a product, service or the service of the entrepreneur can also be made.
submitted by means of a complaint form on the consumer page of the website of the
Dutch Thuiswinkel Organization www.thuiswinkel.org The complaint will then be both sent
to the trader in question as well as to the Dutch Thuiswinkel Organization.
5. If the complaint cannot be resolved by mutual agreement, a dispute arises that
is subject to the dispute settlement procedure.
ARTICLE 14 – DISPUTES
1. On contracts between the entrepreneur and the consumer on which this general
If any of the terms and conditions apply, only Dutch law shall apply.
2. Disputes between the Consumer and the Entrepreneur about the formation or implementation
of agreements relating to the delivery or delivery of goods by this entrepreneur.
products and services, may, subject to the following provisions, both by the
consumer as the entrepreneur are submitted to the Disputes Committee
Thuiswinkel, P.O. Box 90600, 2509 LP in The Hague (www.sgc.nl).
3. A dispute will only be dealt with by the Disputes Committee if
the consumer has first submitted his complaint to the trader within a reasonable period of time.
4. No later than three months after the dispute has arisen, the dispute must be submitted in writing to the
Disputes Committee.
5. If the consumer wants to submit a dispute to the Disputes Committee, the
The entrepreneur is bound by this choice. If the entrepreneur wants to do so, the
consumer within five weeks after the entrepreneur has done so in writing
to express in writing whether he so desires or wants the dispute.
to be dealt with by the competent court. Does the entrepreneur hear the choice
of the consumer within the period of five weeks, then the entrepreneur is entitled to
to submit the dispute to the competent court.
6. The Disputes Committee pronounces its decision under the conditions as laid down.
in the regulations of the Disputes Committee. The decisions of the
Arbitration board is formed by means of a binding advice.
7. The Disputes Committee will not deal with a dispute or will cease to deal with it if
the Entrepreneur has been granted a suspension of payments; the Entrepreneur is in a state of bankruptcy.
or has actually terminated its business activities, before a dispute has been settled by the
committee has been discussed at the meeting and a final decision has been made.
8. If, in addition to the Thuiswinkel Disputes Committee, another person is recognised or appointed by the Foundation.
Disputes Committees for Consumer Affairs (SGC) or the Complaints Institute for Financial Services (FIU)
Services (Kifid) affiliated Disputes Committee is competent, is competent for disputes
concerning principally the method of distance selling or the provision of services
Geschillencommissie Thuiswinkel has exclusive jurisdiction. For all other disputes the
other recognised Disputes Committee affiliated to SGC or Kifid.
ARTICLE 15 ADDITIONAL OR DIFFERENT PROVISIONS
Additional provisions or provisions that deviate from these general terms and conditions may not be used for the purpose of
consumer's disadvantage and should be recorded in writing or on such a basis.
so that they can be stored by the consumer in an accessible manner at
a durable data carrier.