Table of contents:
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offering
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Consumer obligations during the cooling-off period
Article 8 – Exercise of the right of withdrawal by the consumer and associated costs
Article 9 – Entrepreneur obligations under right of withdrawal
Article 10 – Exclusion of right of withdrawal
Article 11 – The price
Article 12 – Fulfilment and additional warranty
Article 13 – Delivery and performance
Article 14 – Extended duration transactions: duration, termination, and renewal
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Additional or deviating provisions
Article 19– Changes to the General Terms & Conditions Thuiswinkel
ARTICLE 1 – DEFINITIONS
In these general terms & conditions, the following terms shall have these corresponding definitions:
- Additional Agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with an agreement over distance and the entrepreneur supplies these products, digital content, and/or services or has the same supplied by a third party as part of an agreement between that third party and the entrepreneur;
- Cooling-off period: the period of time within which the consumer can invoke their right of withdrawal;
- Consumer: the natural person who is not acting for purposes in connection with their trade, business, craft, or professional activities;
- Day: calendar day;
- Digital content: data that is produced and supplied in a digital format;
- Extended duration agreement: an agreement that includes the regular supply of products, services, and/or digital content over a fixed period;
- Durable data storage medium: any device or method – including e-mail – that enables the consumer or entrepreneur to store information that is sent to them in a way that enables future consultation or use during a set period, the duration of which is based on the purpose for which that information is intended, and that further enables the unedited reproduction of the stored information;
- Right of withdrawal: the option for the consumer to, within the cooling-off period, withdraw from the agreement over distance;
- Entrepreneur: the natural or legal person who is a member of Thuiswinkel.org and who offers products, (access to) digital content, and/or services to consumers over distance;
- Agreement over distance: an agreement made between the entrepreneur and the consumer within the framework of an organised system for the sale over distance of products, digital content, and/or services, whereby technologies and methods for communication over distance are used exclusively, up to the point of concluding the agreement;
- Model form for withdrawal: the European model form for withdrawal included in Appendix I of these terms and conditions; Appendix I does not have to be provided if the consumer does not have a right of withdrawal for any part of their order;
- Technology and methods for communication over distance: any means that may be used to conclude an agreement, without the consumer and entrepreneur ever being simultaneously in the same location at the same time.
ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR
Name of entrepreneur: Sitecom Europe B.V.
Trading under the name / names:
Fresh ‘n Rebel
3011 TA Rotterdam
Visiting is not possible as we are exclusively an online retailer.
Telephone number: +31 (0)10-2383322
Monday to Friday from 08:30 to 17:00
E-mail address: [email protected]
KvK (Dutch Chamber of Commerce) number: 24313551
VAT number: GB353674775 (UK)
VAT number: NL8093.88.182.B01 (NL)
ARTICLE 3 – APPLICABILITY
- These General Terms & Conditions are applicable to every offer by the entrepreneur and to every agreement made over distance between entrepreneur and consumer. 2. Before the agreement is concluded, the text of these General Terms & Conditions is made available to the consumer.
- If this is not reasonably possible, the entrepreneur will, prior to the agreement over distance being concluded, indicate in what way the General Terms & Conditions are available at or from the entrepreneur and stipulate that, at the consumer’s request, they will send them a copy, free of charge, as soon as possible.
- If the agreement over distance is concluded electronically, in deviation from the preceding section and prior to the agreement over distance being concluded, the text of these General Terms & Conditions may be made available to the consumer electronically, in such a way that it can easily be stored by the consumer to a durable data storage medium. If this is not reasonably possible, it must, prior to the agreement over distance being concluded, be indicated where the General Terms & Conditions can be accessed electronically and that they will, at the consumer’s request, be sent electronically, free of charge, to the consumer.
- In the event that, in addition to these General Terms & Conditions, specific product or service conditions also apply, the second and third section are of corresponding applicability and the consumer, in the event of conflicting conditions, shall be entitled to apply the provision that is most favourable to them.
ARTICLE 4 – THE OFFERING
- If an offer is applicable for a limited duration, or is subject to specific conditions, this must be explicitly stated in the offer.
- The offer contains a full and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, they must be realistic representations of the products, services, and/or digital content offered. Apparent mistakes or obvious errors in the offer shall not be binding on the entrepreneur.
- Every offer contains such information that it is clear to the consumer what rights and obligations are imposed on them if they choose to accept to the offer.
ARTICLE 5 – THE AGREEMENT
- Subject to the provisions of section 4, the agreement is concluded at the time the consumer accepts the offer and meets the requirements set for that acceptance.
- If the consumer accepts the offer electronically, the entrepreneur confirms receipt of that acceptance of the offer immediately and electronically. As long as that acceptance has not been confirmed by the entrepreneur, the consumer retains the right to dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur shall take adequate technical and organisational measures to secure the electronic transfer of data and must provide a secure online environment. If the consumer can pay electronically, the entrepreneur must take adequate security measures to facilitate that process.
- The entrepreneur may, insofar as permitted by law, obtain information about the consumer’s ability to fulfil their payment obligations, as well as any facts and factors that are important to the responsible conclusion of the agreement over distance. If the entrepreneur, on the basis of this investigation, has reasons not to accept the agreement, they shall be entitled to refuse an order or application, under statement of reason, or to set special requirements for the performance.
- The entrepreneur will, at the latest upon delivery of the product, service, or digital content, provide the consumer with the following information, in writing or in such way that it is easily accessible to the consumer and can be easily stored to a durable data storage medium by the consumer:
- the visitors’ address of the entrepreneur’s site where the consumer can lodge a complaint;
- the conditions applicable to, and the method by which the consumer can exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
- the information about warranties and existing service after purchase;
- the price, including all taxes, of the product, service, or digital content; insofar as applicable any delivery costs; and the method of payment, delivery, or performance of the agreement over distance;
- the requirements for termination of the agreement, if the agreement has a duration exceeding one year or has an indefinite duration;
- if the consumer has a right of withdrawal, the model form for withdrawal.
- In the event of an extended duration agreement, the provision in the preceding section shall only apply to the first delivery.
ARTICLE 6 – RIGHT OF WITHDRAWAL
- The consumer is entitled to dissolve an agreement pertaining to the purchase of a product, without statement of reason, within the 14-day cooling-off period. The entrepreneur may ask the consumer for their reason for withdrawal but may not require a reason from the consumer.
- The cooling-off period stated in section 1 commences on the day after the consumer, or a third party designated by the consumer in advance, who is not the transporter, 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 the consumer, has received the final product. The entrepreneur may, provided he has clearly informed the consumer about it prior to the order process, deliver an order containing multiple products across multiple shipments with different delivery times.
- if the delivery of a product consists of different shipments or components: the day on which the consumer, or the third party designated by the consumer, receives the final shipment or component;
- for agreements pertaining to regular deliveries of products over a set period of time: the day on which the consumer, or the third party designated by the consumer, has received the first product.
For services and digital content that is not supplied on a physical data carrier:
- The consumer may dissolve an agreement for services or for the supply of digital content that is not supplied on a physical data carrier within 14 days, without statement of reason. The entrepreneur may ask the consumer for their reason for withdrawal but may not require a reason from the consumer.
- The cooling-off period stipulated in section 3 commences on the day following the conclusion of the agreement.
Additional cooling-off period for products, services, and digital content that is not supplied on a physical data carrier in case of failure to inform about the right of withdrawal:
- If the entrepreneur fails to provide the consumer with the legally required information about the right of withdrawal, or fails to provide the model form for withdrawal, the cooling-off period shall end twelve months after the end of the original cooling-off period, as defined in the preceding sections of this article.
- If the entrepreneur provides the information defined in the aforementioned section to the consumer within that twelve-month period after the commencement of the original cooling-off period, the cooling-off period shall expire 14 days after the day on which the consumer received the information.
ART 7 – CONSUMER OBLIGATIONS DURING THE COOLING-OFF PERIOD
- During the cooling-off period, the consumer shall exercise care when handling the product and packaging. They shall only unpack or use the product to the extent required to determine the nature, the features, and the functioning of the product. The principle here is that the consumer shall only handle and inspect the product to the same extent as would be permissible if they were in a shop.
- The consumer is only responsible for any depreciation of value of the product where it is a consequence of the way the product has been treated, where that treatment goes beyond the extent permissible under section 1.
- The consumer is not responsible for depreciation of value of the product if the entrepreneur has failed to provide the consumer with all legally required information about the right of withdrawal before or at the time of the agreement.
ARTICLE 8 – EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND ASSOCIATED COSTS
- If the consumer exercises their right of withdrawal, they must make this known to the entrepreneur using the model form for withdrawal or in any other unambiguous way before the end of the cooling-off period.
- As soon as possible but, in any case, within 14 days from the day of the notification referred to in section 1, the consumer must ship the product back to the entrepreneur or return it in person to (an authorised representative of) the entrepreneur. This requirement does not apply if the entrepreneur has offered to collect the item. The consumer is always deemed to have complied with the return time criterion if the product is returned before the cooling-off period expires.
- The consumer returns the product including all accessories and associated materials it arrived with, if reasonably possible in the original state and packaging, and in accordance with any reasonable and clearly stated instructions from the entrepreneur.
- The risk and onus of proof for the correct and timely exercise of the right of withdrawal is on the consumer.
- The consumer shall cover the direct costs for returning the product. If the entrepreneur has not stated that the consumer must cover these costs, or if the entrepreneur indicates that they will cover these costs, the consumer shall not be required to cover the costs for the return.
- If the consumer withdraws after first explicitly requesting that the performance of the service or the supply of gas, water, or electricity that has not been made ready for sale in a limited volume or specific quantity, commences during the cooling-off period, the consumer shall forfeit to the entrepreneur an amount that is equivalent to the portion of the agreement that has been fulfilled by the entrepreneur at the time of the withdrawal, that portion being relative to complete fulfilment of the agreement.
- The consumer does not cover any costs for the performance of services or the supply of water, gas, or electricity, that have not been made ready for sale in a limited volume or quantity, or for the provision of district heating, if:
- the entrepreneur has failed to provide the consumer the legally required information about the right of withdrawal, the cost reimbursement in the event of withdrawal, or the model form for withdrawal, or;
- the consumer has not explicitly requested commencement of the performance of the service or the supply of gas, water, electricity, or district heating, during the cooling-off period
- The consumer shall not cover any costs for the complete or partial supply of digital content that is not provided on a physical data carrier, if:
- prior to it being supplied, they have not explicitly agreed with the commencement of the fulfilment of the agreement before the end of the cooling-off period;
- they have not acknowledged the loss of their right of withdrawal when giving their consent; or
- the entrepreneur has failed to confirm that declaration by the consumer.
- If the consumer exercises their right of withdrawal, all additional agreements are automatically dissolved.
ARTICLE 9 – ENTREPRENEUR OBLIGATIONS UNDER RIGHT OF WITHDRAWAL
- If the entrepreneur enables the consumer to electronically notify the entrepreneur that they are exercising their right of withdrawal, the entrepreneur must, upon receipt of such notification, confirm receipt without delay.
- The entrepreneur shall reimburse all payments from the consumer, including any shipping costs charged by the entrepreneur for the returned product, without delay but at least within 14 days from the day on which the consumer gives notice of their withdrawal. Unless the entrepreneur offers to collect the product themselves, they are permitted to postpone reimbursement until the product has been received back or until the consumer provides evidence that the product has been returned, whichever occurs first.
- The entrepreneur shall make reimbursements to the same payment method that was used by the consumer for the purchase unless the consumer agrees to a different method. The reimbursement shall be free from any charges for the consumer.
- If the consumer has chosen a more expensive shipping method than the cheapest standard delivery method, the entrepreneur is not required to reimburse the additional costs for the more expensive shipping method.
ARTICLE 10 – EXCLUSION OF RIGHT OF WITHDRAWAL
The entrepreneur may exclude the following types of products from the right of withdrawal, but only if the entrepreneur clearly states this exclusion with the offer or otherwise makes this clearly apparent before the agreement is concluded:
- Products or services of which the price is connected to fluctuations in the financial market, over which the entrepreneur has no control and which fluctuations may occur within the cooling-off period
- Agreements that are concluded at public auction. A public auction is given to include any sales method where products, digital content, and/or services are offered by the entrepreneur to the consumer who is present in person or is given the opportunity to be present in person at the auction, managed by an auctioneer, and where the successful bid is required to procure the products, digital content, and/or services;
- Services agreements, after complete performance of the service, but only if:
- the performance has commenced with the explicit prior consent of the consumer; and
- the consumer has acknowledged that they will lose their right of withdrawal as soon as the entrepreneur has completed performance of the agreement;
- Package holidays (Pakketreizen), within the meaning of article 7:500 Dutch Civil Code (DCC) and agreements pertaining to the transport of persons;
- Services agreements for the provision of accommodation, if the agreement provides a specific data or period of performance and pertains to purposes other than residential, transport of goods, car rental services, and catering;
- Agreements pertaining to leisure activities or hobbies, if the agreement provides a specific date or period of performance for the same;
- Products manufactured according to specifications provided by the consumer, which are not pre-manufactured and are produced on the basis of individual choices or decisions of the consumer, or that are clearly intended for a specific person;
- Products with short expiration dates or limited shelf life;
- Sealed products that are, for health or hygiene reasons, not suitable to be returned, of which the seals have been broken after delivery;
- Products that, due to their nature, are irrevocably mixed into other products after delivery;
- Alcoholic beverages for which the price has been agreed upon concluding the agreement but for which delivery cannot take place until at least 30 days later and for which the actual value is dependent on fluctuations in the market, over which the entrepreneur has no control;
- Sealed audio and video recordings and computer programs if the seals have been broken after delivery;
- Newspapers, journals, or magazines, excluding subscriptions to the same;
- The supply of digital content other than via a physical data carrier, but only if:
- the performance has commenced with the explicit prior consent of the consumer; and
- the consumer has acknowledged that this will result in them losing the right of withdrawal.
ARTICLE 11 – THE PRICE
- For the duration stated in the offer, the prices of the offered products and/or services shall not be raised, with the exception of price changes as a result of changes to VAT rates.
- In deviation from the preceding section, the entrepreneur may offer any products or services of which the respective prices are linked to fluctuations in the financial market, over which the entrepreneur has no control, with variable prices. The link to fluctuations and the fact that stated prices are for guidance only must be stated with the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
- Price increases as of 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated their entitlement to make such increases, and:
- they are a consequence of legal regulations or provisions; or
- the consumer has the right to terminate the agreement as of the date on which the price increases enters into effect. 5. The prices stated in the offer for the products or services are inclusive of VAT.
ARTICLE 12 – FULFILMENT AND ADDITIONAL WARRANTY
- The entrepreneur warrants that the products and/or services comply with the agreement, the specifications stated in the offer, any reasonable requirements of soundness and/or suitability, and any legal requirements and/or government regulations applicable on the date the agreement is concluded. If so agreed, the entrepreneur also warrants that the product is suitable for other than normal use.
- An additional warranty provided by the entrepreneur, or their supplier, manufacturer, or importer, shall never restrict the statutory rights and claims the consumer can enforce against the entrepreneur under the agreement, if the entrepreneur has failed in the performance of their part of the agreement.
- Additional warranty is given to include any commitment by the entrepreneur, or their supplier, importer, or manufacturer, in which they grant the consumer specific rights or claims that extend beyond what they are legally required to provide in the event the entrepreneur has failed in the performance of their part of the agreement.
ARTICLE 13 – DELIVERY AND PERFORMANCE
- The entrepreneur will exercise the greatest possible care when receiving and processing orders for products and in the assessment of applications for the provision of services.
- The delivery address shall be the address provided to the entrepreneur by the consumer.
- With consideration of that which is stated on this subject in article 4 of these General Terms & Conditions, the entrepreneur shall perform the agreement with appropriate haste and in any case within 30 days, unless a different delivery term has been agreed. If the delivery is delayed in any way, or if an order cannot or can only partially be performed, the consumer shall be notified of this within 30 days after the order was placed. In that event, the consumer is entitled to dissolve the agreement without incurring any costs or liability for any damages.
- After dissolution in accordance with the preceding section, the entrepreneur will reimburse the amount paid by the consumer without delay.
- The risk of damage and/or loss of products resides with the entrepreneur up to the moment of delivery to the consumer or to such representative designated by the consumer to the entrepreneur in advance, unless otherwise has been explicitly agreed.
ARTICLE 14 – EXTENDED DURATION TRANSACTIONS: DURATION, TERMINATION, AND RENEWAL
- The consumer is entitled to terminate an agreement with an indefinite duration, that involves the regular delivery of products (including electricity) or services, at any time, with observance of the agreed termination provisions and a notice period not exceeding one month.
- The consumer is entitled to terminate an agreement with a fixed duration, that involves the regular delivery of products (including electricity) or services, at any time, by the end of the fixed period, with observance of the agreed termination provisions and a notice period not exceeding one month.
- Concerning the agreements referred to in the preceding sections, the consumer is entitled to:
- terminate the agreement at any time and to not be subjected to any restrictions at any specific time or within any set period;
- terminate at least via the same method by which they entered into the agreement;
- always terminate with observance of the same notice period as stipulated for the entrepreneur themselves.
- An agreement that is concluded for a fixed period and that pertains to the regular delivery of products (including electricity) or services, cannot be automatically renewed or be renewed for a fixed period.
- In deviation from the preceding section, an agreement concluded for a fixed period, pertaining to the regular delivery of daily, weekly, or other periodic newspapers, journals, and magazines, may be automatically renewed for a fixed period of no more than three months, provided the consumer is able to terminate this renewed agreement by the end of the renewal, with a notice period not exceeding one month.
- An agreement concluded for a fixed period, pertaining to the regular delivery of products or services, may only be automatically renewed for an indefinite duration if the consumer retains the right to at any time terminate the agreement with a notice period not exceeding one month. The notice period shall be at most three months in the event the agreement pertains to the regular delivery of daily, weekly, or other periodical newspapers, journals, and magazines, if the agreement pertains to less than one delivery per month.
- An agreement with a limited duration for the regular, introductory, delivery of daily, weekly, or other periodical newspapers, journals, and magazines (trial or introductory subscription) shall not be silently renewed and terminates automatically upon expiry of the trial or introductory period.
- If an agreement has a duration exceeding one year, after one year, the consumer is entitled to terminate the agreement at any time, with a notice period not exceeding one month, unless such termination before the end of the agreed period would be unreasonable and/or inequitable.
ARTICLE 15 – PAYMENT
- Insofar as no other or supplementary provisions have been agreed, any amounts owed by the consumer must be paid within 14 days after the cooling-off period commences or, in the absence of a cooling-off period, within 14 days after concluding the agreement. In the event an agreement for the provision of a service, this term commences on the day after the consumer has received the confirmation of the agreement.
- For the sale of products to consumers, the General Terms & Conditions may never obligate the consumer to pay more than 50% of the purchase value in advance. If payment in advance is stipulated, the consumer cannot enforce any rights pertaining to the performance of the relevant order or service(s), until the stipulated advance payment has been made.
- The consumer has a duty to report any inaccuracies in the stated payment details to the entrepreneur without delay.
- If the consumer does not timely fulfil their payment obligations, they shall, after they have been reminded of their overdue payment by the entrepreneur and after the entrepreneur has granted the consumer a 14-day grace period for the purpose of allowing the consumer to meet their payment obligation, if payment is still not made within this 14-day grace period, owe statutory interest over the outstanding amount and the entrepreneur shall be entitled to charge the consumer for any extra-judicial collection costs incurred by the entrepreneur. These collection costs shall not exceed: 15% of the outstanding amounts up to a maximum of €2,500.00; 10% of the subsequent €2,500.00 and 5% over the subsequent €5,000.00 up to a maximum of €40.00. The entrepreneur may deviate from the stated amounts and percentages to the consumer’s benefit.
ARTICLE 16 – COMPLAINTS PR
- The entrepreneur has a complaints procedure in place of which consumers are made adequately aware and processes any complaint in accordance with that complaints’ procedure.
- Complaints about the performance of the agreement must be filed with the entrepreneur, clearly and fully described, within a reasonable period of time after the consumer has identified the deficiencies. 3. Complaints filed with the entrepreneur shall be responded to within 14 days, counted from the day on which the complaint is received. If it can be reasonably anticipated that the processing of a complaint shall require more time, the entrepreneur shall respond to the complaint within 14 days to provide an indication of when the consumer can expect a more detailed response.
- A complaint about a product, service, or the service level provided by the entrepreneur may also be filed via a complaints form on the consumer page of the Thuiswinkel.org website, www.thuiswinkel.org. The complaint will then be forwarded to the relevant entrepreneur as well as Thuiswinkel.org.
- The consumer must grant the entrepreneur at least 4 weeks for the complaint to be resolved amicably between the parties. After that period, there shall be deemed to be a dispute eligible for dispute resolution.
ARTICLE 17 – DISPUTES
- Agreements between the entrepreneur and the consumer, that are subject to these General Terms & Conditions, are governed exclusively by the law of the Netherlands.
- Disputes between the consumer and the entrepreneur, about the conclusion or performance of agreements pertaining to products and services to be supplied by or that have been supplied by that entrepreneur can, with observance of the provisions below, be presented to the Disputes Committee (Geschillencommissie Thuiswinkel, Postbus 90600, 2509 LP in The Hague (www.sgc.nl).
- A dispute will only be considered by the Dispute Committee if the consumer has first, and within a reasonable timeframe, presented their complaint to the entrepreneur.
- If no solution is found for the complaint, the dispute must be presented in writing or another form as determined by the Committee to the Dispute Committee within 12 months of the date on which the consumer filed the initial complaint with the entrepreneur.
- If the consumer wants to put a dispute before the Dispute Committee, the entrepreneur is bound by the consumer’s decision. It is preferable that the consumer inform the entrepreneur of this decision in advance.
- If the entrepreneur wants to put a dispute before the Dispute Committee, the consumer must respond, in writing, within five weeks after being informed of this, also in writing, by the entrepreneur, to state whether the consumer agrees to put the dispute before the Dispute Committee or prefers to have the matter adjudicated by a competent court. If the entrepreneur does not receive a decision from the consumer within this period of five weeks, the entrepreneur is entitled to have the dispute adjudicated by a competent court.
- The Dispute Committee shall make its decision according to the conditions as set out in the regulations of the Dispute Committee (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). Decisions of the Dispute Committee shall be made in the form of a binding recommendation.
- The Dispute Committee will not consider a dispute, or cease processing of a dispute, if the entrepreneur is granted a moratorium of payment, the entrepreneur had entered a state of bankruptcy, or has factually terminated their business activities, before the dispute has been processed at the hearing by the committee and a final decision has been pronounced.
- If, besides Geschillencommissie Thuiswinkel, another authorised body or dispute committee
- affiliated with the Stichting Geschillencommissies voor Consumentenzaken (Foundation of Dispute Committees for Consumer Affairs, SGC) is competent, the Geschillencommissie Thuiswinkel should take preference for matters pertaining to the sale of products or provision of services over distance. For all other disputes, the other competent dispute committees affiliated with the SGC or Kifid take preference.
ARTICLE 18 – ADDITIONAL OR DEVIATING PROVISIONS
Additional provisions to, and/or provisions deviating from these General Terms & Conditions may not adversely affect consumers and must be recorded in writing and/or in such way that they can be easily accessed and stored to a durable data storage medium by the consumer.
ARTICLE 19 – CHANGES TO THE GENERAL TERMS & CONDITIONS
- org will not make changes to these General Terms & Conditions, unless in consultation with the Consumentenbond.
- Changes to these terms & conditions shall only be enforceable after they have been published in the required manner, with the understanding that in the event of any applicable changes during the course of an offer, the most beneficial terms & conditions for the consumer shall prevail.