General Terms and Conditions
- Article 1 - Definitions
- Article 2 - Identity of the trader
- Article 3 - Applicability
- Article 4 - The offer
- Article 5 - The contract
- Article 6 - Right to cancel
- Article 7 - Consumer's obligations during the cooling-off period
- Article 8 - Exercising the consumer's right to cancel and the costs thereof
- Article 9 - Obligations of the trader in the event of cancellation
- Article 10 - Exclusion from the right to cancel
- Article 11 - The price
- Article 12 - Compliance and additional warranty
- Article 13 - Delivery and execution
- Article 14 - Continuing performance transactions: duration, termination and extension
- Article 15 - Payment
- Article 16 - Complaints procedure
- Article 17 - Disputes
- Article 18 - Additional or different provisions
Article 1 - Definitions
In these terms and conditions, the following terms are defined as follows:
- Supplementary contract: a contract 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 trader or by a third party on the basis of a contract between that third party and the trader;
- Cooling-off period: the period within which the consumer can exercise his right to cancel;
- Consumer: the natural person not acting for purposes related to his trade, business, craft or profession;
- Day: calendar day;
- Digital content: data produced and supplied in digital form;
- Continuing performance contract: a contract for the regular supply of goods, services and/or digital content for a certain period of time;
- Durable data carrier: any tool - including e-mail - that enables the consumer or trader to store information that is addressed to them personally in a manner that enables future consultation or use during a period that is tailored to the purpose for which the information is intended and which allows unaltered reproduction of the stored information;
- Right to cancel: the consumer's option to cancel the distance contract within the cooling-off period;
- Trader: the natural person or corporate entity that offers products, (access to) digital content and/or services to consumers remotely;
- Distance contract: a contract concluded between the trader and the consumer in the context of an organised system for distance selling of products, digital content and/or services, whereby one or more technologies for remote communication are used exclusively or jointly up to and including the conclusion of the contract;
- Model cancellation form: the European model cancellation form included in Annex I to these terms and conditions. Annex I does not need to be made available if the consumer does not have a right to cancel with regard to their order;
- Technology for distance communication: means that can be used to conclude a contract without the consumer and trader having to meet in the same room at the same time.
Article 2 - Identity of the trader
Decor Handelsmaatschappij BV.
Ekkersrijt 1214 5692 AE Son The Netherlands;
Telephone number: 0499-483333 (available Monday to Friday from 08.30 to 17.00)
E-mail address: [email protected]
Chamber of Commerce number: 17047964.
VAT identification number: NL006487464B01
If the activity of the trader is subject to a relevant licensing system: details of the regulatory authority.
If the trader conducts a regulated profession:
- the professional association or organisation to which it 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 instructions on where and how to access these professional rules.
Article 3 - Applicability
- These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.
- The text of these general terms and conditions is made available to the consumer before the distance contract is concluded. If this is not reasonably possible, the trader will, before the distance contract is concluded, indicate how the general terms and conditions can be viewed at the trader and that they will be sent free of charge as soon as possible at the consumer’s request.
- If the distance contract is concluded electronically, by way of derogation from 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 it on a durable data carrier. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded where the general terms and conditions can be viewed by electronic means and that they will be sent by electronic means or otherwise free of charge at the consumer's request.
- If specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply correspondingly and, in the event of conflicting conditions, the consumer may always invoke the applicable provision that is most favourable to them.
Article 4 - The offer
- If an offer is valid for a limited period of time or is made subject to certain conditions, this will 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 trader uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or manifest errors in the offer are not binding on the trader.
- Every offer contains information such that it is clear to the consumer what rights and obligations are associated with the acceptance of the offer.
Article 5 - The contract
- Subject to the provisions of paragraph 4, the contract will be concluded at the time of acceptance by the consumer of the offer and the fulfilment of the conditions that are thereby stipulated.
- If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer by electronic means. As long as receipt of this acceptance has not been confirmed by the trader, the consumer can cancel the contract.
- If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures to that end.
- Within legal limits the trader can investigate whether the consumer can meet their payment obligations, as well as all the facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has good grounds for not entering into the contract, it is entitled to refuse an order or application, with reasons, or to attach special conditions to the execution.
- The trader will send 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, no later than at the delivery of the product, service or digital content to the consumer:
- the visiting address of the trader’s establishment to which the consumer can address complaints;
- the conditions under which and the manner in which the consumer can exercise the right to cancel, or a clear statement regarding the exclusion from the right to cancel;
- the information about warranties and existing aftersales service;
- the price of the product, service or digital content including all taxes; where applicable, the cost of delivery; and the method of payment, delivery or execution of the distance contract;
- the requirements for terminating the contract if the contract has a term of more than one year or is of an indefinite duration;
- if the consumer has a right to cancel, the model cancellation form.
- In the event of a continuing performance transaction, the provision in the previous paragraph will only apply to the first delivery.
Article 6 - Right to cancel
- The consumer can cancel a contract relating to the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The trader may ask the consumer about the reason for cancelling, but cannot require the consumer to state their reason(s).
- The cooling-off period referred to in paragraph 1 shall commence on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
- if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. Provided that it has clearly informed the consumer of this prior to the ordering process, the trader may refuse an order for multiple products with different delivery times.
- if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the final part;
- in the case of contracts for regular delivery of products for a specified period: the day on which the consumer, or a third party designated by them, has received the first product.
In the case of services and digital content not provided on a tangible carrier:
- The consumer can terminate a service contract and a contract for the supply of digital content that has not been supplied on a tangible carrier during a period at least 14 days without stating reasons. The trader may ask the consumer about the reason for cancelling, but cannot require the consumer to state their reason(s).
- The cooling-off period referred to in paragraph 3 commences on the day following the conclusion of the contract.
Extended cooling-off period for products, services and digital content not supplied on a tangible carrier if the consumer is not informed about the right to cancel:
- If the trader has not provided the consumer with the legally required information about the right to cancel or the model cancellation form, the cooling-off period ends twelve months after the end of the original cooling-off period set in accordance with the previous paragraphs of this article.
- If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months of the commencement date of the original cooling-off period, the cooling-off period ends 14 days after the day on which the consumer received that information.
Article 7 - Consumer's obligations during the cooling-off period
- During the cooling-off period the consumer will handle the product and the packaging with due care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The guiding principle is thereby that the consumer may only use and inspect the product as they would be permitted to do in a shop.
- The consumer is only liable for a reduction in the value of the product that results from handling the product in a manner that goes beyond what is permitted in paragraph 1.
- The consumer is not liable for a reduction in the value of the product if the trader has not provided them with all legally required information about the right to cancel prior to or upon the conclusion of the contract.
Article 8 - Exercising the consumer's right to cancel and its costs
- If the consumer exercises their right to cancel, they will notify this to the trader within the cooling-off period using the model cancellation form or in some other unambiguous way.
- As soon as possible, but within 14 days of the day following the notification referred to in paragraph 1, the consumer will return the product or hand it over to (an authorised representative of) the trader. This need not be done if the trader has offered to collect the product itself. In any case the consumer will have complied with the return period if they return the product before the cooling-off period has ended.
- The consumer will return the product with all supplied accessories, in the original condition and packaging if reasonably possible, and in accordance with the reasonable and clear instructions provided by the trader.
- The risk and burden of proof for the correct and timely exercise of the right to cancel rests with the consumer.
- The consumer bears the direct costs of returning the product. If the trader has not notified that the consumer must bear these costs or if the trader indicates that it will bear the costs itself, the consumer does not have to bear the costs of returning the goods.
- The consumer shall not bear any costs for the full or partial delivery of digital content not supplied on a tangible carrier, if:
- prior to its delivery they have not expressly agreed to the commencement of execution of the contract before the end of the cooling-off period;
- they have not acknowledged that they will lose their right to cancel if they give their consent; or
- the trader has failed to confirm this statement from the consumer.
- If the consumer exercises their right to cancel, all supplementary contracts will be legally dissolved.
Article 9 - Obligations of the trader in the event of cancellation
- If the trader allows the consumer to notify their cancellation electronically, it will send a confirmation of receipt without delay after receipt of this notification.
- The trader will refund all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but definitely within 14 days following the day on which the consumer notifies it of the cancellation. Unless the trader offers to collect the product itself, it can delay the refund until it has received the product or until the consumer proves that they have returned the product, whichever is earlier.
- The trader uses the same means of payment for the refund as used by the consumer, unless the consumer agrees to another method. The refund is free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the trader does not have to refund the additional costs for the more expensive method.
Article 10 - Exclusion from the right to cancel
The trader may exclude the following products and services from the right to cancel, but only if the trader has clearly stated this in the offer, or at least in good time prior to the conclusion of the contract:
- Products or services of which the price is subject to fluctuations in the financial market over which the trader has no influence and which may occur within the cancellation period;
- Contracts concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content and/or services are offered by the trader to the consumer who is personally present or who is given the opportunity to be personally present at the auction, led by an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
- Service contracts, after full execution of the service, but only if:
- the execution has started with the consumer’s express prior consent; and
- the consumer has declared that they lose their right to cancel as soon as the trader has fully executed the contract;
- Package travel as referred to in Civil Code section 7:500 and passenger transport contracts;
- Service contracts for the provision of accommodation, if the contract provides for a specific date or period of execution and other than for residential purposes, transport of goods, car rental services and catering;
- Contracts relating to leisure activities, if the contract provides for a certain date or period of execution thereof;
- Products manufactured to the consumer’s specifications which are not prefabricated and which are produced 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;
- Sealed products which, for health or hygiene reasons, are not suitable for return and on which the seal has been broken after delivery;
- Products which, by their nature, have been irrevocably mixed with other products after delivery;
- Alcoholic beverages, the price of which was agreed upon the conclusion of the contract but the delivery of which can only take place after 30 days, and of which the actual value depends on fluctuations in the market over which the trader has no influence;
- Sealed audio and video recordings and computer software on which the seal has been broken after delivery;
- Newspapers or magazines, with the exception of subscriptions thereto;
- The supply of digital content other than on a tangible carrier, but only if:
- the execution has started with the consumer’s express prior consent; and
- the consumer has declared that they thereby lose their right to cancel.
Article 11 - The price
- During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
- In derogation from the previous paragraph, the trader may offer products or services of which the prices are subject to fluctuations in the financial market and which the trader cannot influence with variable prices. This link to fluctuations and the fact that any prices quoted are guide prices are stated in the offer.
- Price increases within 3 months of the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:
- a. they are the result of statutory regulations or provisions; or
- b. the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
- The prices stated in the offer of products or services are inclusive of VAT.
Article 12 - Compliance with the contract and additional warranty
- The trader warrants that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations in force on the date on which the contract was concluded. If agreed, the trader also warrants that the product is suitable for use other than normal use.
- An additional warranty issued by the trader, its supplier, manufacturer or importer shall never limit the statutory rights and claims that the consumer can assert against the trader on the basis of the contract if the trader has failed to comply with its part of the contract.
- An additional warranty refers to any undertaking from the trader, its supplier, importer or producer in which they assign certain rights or claims to the consumer that go beyond what is required by law in the event that they have failed to comply with their part of the contract.
Article 13 - Delivery and execution
- The trader will observe the utmost care when receiving and executing orders for products and in assessing requests for the provision of services.
- The place of delivery is the address that the consumer has communicated to the trader.
- With due observance of the relevant provisions in article 4 of these general terms and conditions, the trader will execute accepted orders with due speed but definitely within 30 days, unless another delivery period has been agreed. If the delivery is delayed or if an order cannot or can only be partially executed, the consumer will receive notification of this within 30 days after the order has been placed. In that case the consumer has the right to cancel the contract at no cost and is potentially entitled to compensation.
- After cancellation in accordance with the previous paragraph, the trader will refund the amount paid by the consumer without delay.
- The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and communicated to the trader, unless expressly agreed otherwise.
Article 14 - Continuing performance transactions: duration, termination and extension
- The consumer may terminate a contract that has been entered into for an indefinite period and which covers 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 a contract that has been entered into for a fixed period and which covers the regular delivery of products (including electricity) or services at any time with effect from 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 contracts referred to in the previous paragraphs:
- at all times and not be limited to termination at a certain time or in a certain period;
- at least in the same manner as they were entered into by the consumer;
- always with the same notice period as the trader has stipulated for itself.
- A contract that has been entered into for a fixed period and which covers the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a specific period of time.
- In derogation from the previous paragraph, a contract that has been entered into for a fixed period and which covers the regular delivery of daily and weekly newspapers and magazines may be tacitly extended for a fixed period of no more than three months if the consumer can terminate this extended contract with effect from the end of the extension with a notice period of no more than one month.
- A contract that has been entered into for a fixed period and which covers the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month. The notice period is no more than three months if the contract covers the regular delivery of daily and weekly newspapers and magazines less than once a month.
- A contract with a fixed term for the regular introductory delivery of daily and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will end automatically after the trial or introductory period has expired.
- If a contract has a term of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless it is not fair and reasonable to terminate before the end of the agreed term.
Article 15 - Payment
- Unless stipulated otherwise in the contract or additional conditions, the amounts owed by the consumer must be paid within 14 days of the commencement of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the contract. In the case of a contract to provide a service, this period commences on the day after the consumer has received the confirmation of the contract.
- When selling products to consumers, the consumer may never be required in general terms and conditions to pay more than 50% in advance. 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 is obliged to report inaccuracies in the payment details provided or specified to the trader without delay.
- If the consumer fails to meet their payment obligation(s) in good time, after they have been advised of the late payment by the trader and the trader has granted the consumer a period of 14 days to still fulfil their payment obligations, after the failure to pay within this 14 day period the consumer will be liable for statutory interest on the amount still due and the trader is entitled to charge the extrajudicial collection costs incurred by it. These collection will not exceed: 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 trader may deviate from specified amounts and percentages to the consumer’s benefit.
Article 16 - Complaints procedure
- The trader has an adequately publicised complaints procedure and will deal with the complaint in accordance with this complaints procedure.
- Complaints about the execution of the contract must be submitted to the trader, comprehensively and clearly described, within a reasonable period after the consumer has discovered the defects.
- Complaints submitted to the trader shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader shall reply within the 14 day period with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
- The consumer must give the trader at least 4 weeks to resolve the complaint through consultation. After this period, a dispute exists that can be subjected to the dispute resolution procedure.
Article 17 - Disputes
- Contracts between the trader and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law.
Article 18 - Additional or different provisions
Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.
Annex I: Model cancellation form
Model cancellation form
(only complete and return this form if you wish to cancel the contract)
|To:||[ name of trader]|
|[trader geographical address]|
|[trader fax number, if available]|
|[ e-mail address or electronic address of trader]|
|I/We* am/are* hereby informing you that I/we* am/are* cancelling our contract regarding|
|the sale of the following products: [designation of product]*|
|the supply of the following digital content: [designation of digital content]*|
|the provision of the following service: [designation of service]*,|
|Ordered on*/received on* [date of order for services or receipt for products]|
|[Name of consumer(s)]|
|[Address of consumer(s)]|
|[Signature of consumer(s)] (only when this form is submitted on paper)|
* Delete or fill in as applicable.