General Terms and Conditions of Desi’s Cadeauwinkel

Table of contents:

Article 1 – Definitions

Article 2 – Identity of the entrepreneur

Article 3 – Applicability

Article 4 – The offer

Article 5 – The agreement

Article 6 – Right of withdrawal

Article 7 – Obligations of the consumer during the reflection period

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

Article 9 – Obligations of the entrepreneur in case of withdrawal

Article 10 – Exclusion of right of withdrawal

Article 11 – The price

Article 12 – Compliance and extra guarantee

Article 13 – Delivery and execution

Article 14 – Duration transactions: duration, termination and extension

Article 15 – Payment

Article 16 – Complaints procedure

Article 17 – Disputes

Article 18 – Additional provisions

Article 1 – Definitions

The following definitions apply in these terms and conditions:

Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance agreement and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;

Reflection period: the period within which the consumer can exercise his right of withdrawal;

Consumer: the natural person who is not acting for purposes related to his commercial, business, craft or professional activity;

Day: calendar day;

Digital content: data produced and delivered in digital form;

Long-term agreement: an agreement that extends to the regular supply of goods, services and/or digital content during a certain period;

Durable medium: any tool – including e-mail – that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows 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 of withdrawal: the possibility for the consumer to withdraw from the distance agreement within the reflection period;

Entrepreneur: the natural or legal person who is a member of Stichting Webshop Keurmerk and offers products, (access to) digital content and/or services to consumers at a distance;

Distance agreement: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement, exclusive or joint use is made of one or more techniques for distance communication;

Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions;

Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be in the same room at the same time;

Article 2 – Identity of the entrepreneur

Vof Desi’s Cadeauwinkel

Postal address;

Sint jacobsbuurt 11

1483AS De Rijp

Visiting address:

Rechtestraat 128

1483BG De Rijp

Phone +31(0)299673412

Mobile +31(0)653565970

Chamber of Commerce number: 55328415

VAT identification number: 851657369B01

Website www.bijdesi.nl; www.desies-cadeauwinkel.nl ; www.bijdesi.nl ; www.zeepenkaarsen.nl.

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer.

Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance agreement is concluded, how the general terms and conditions can be viewed at the entrepreneur’s premises and that they will be sent free of charge as soon as possible at the consumer’s request.

If the distance agreement is concluded electronically, contrary to the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated, before the distance agreement is concluded, where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or in another way at the consumer’s request.

In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting conditions, the consumer can always invoke the applicable provision that is most favorable to him.

Article 4 – The offer

If an offer has a limited period of validity or is made subject to 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 entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer.

Article 5 – The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions set.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur can – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.

The entrepreneur will send the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, no later than upon delivery of the product, service or digital content:

a. the visiting address of the entrepreneur’s establishment where the consumer can address complaints;

b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

c. the information about guarantees and existing service after purchase;

d. the price including all taxes of the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or execution of the distance agreement;

e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;

f. if the consumer has a right of withdrawal, the model withdrawal form.

In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal

For products:

The consumer can dissolve an agreement relating to the purchase of a product during a reflection period of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige him to state his reason(s).

The reflection period referred to in paragraph 1 starts 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 him, has received the last product. The entrepreneur may refuse an order for several products with a different delivery time, provided he has clearly informed the consumer about this prior to the ordering process.

if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;

in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content that is not delivered on a tangible medium:

The consumer can dissolve a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium for at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige him to state his reason(s).

The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended reflection period for products, services and digital content that has not been delivered on a tangible medium if not informed about the right of withdrawal:

If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.

If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the starting date of the original reflection period, the reflection period will expire 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the reflection period

During the reflection period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.

The consumer is only liable for the depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.

The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

If the consumer makes use of his right of withdrawal, he will notify the entrepreneur of this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.

As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.

The consumer will return the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for returning the product.

If the consumer revokes after first expressly requesting that the performance of the service or the supply of gas, water or electricity that have not been made ready for sale in a limited volume or quantity commences during the cooling-off period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of revocation, compared to full compliance with the obligation.

The consumer does not bear any costs for the performance of services or the supply of water, gas or electricity, which have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:

the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement upon withdrawal or the model withdrawal form, or;

the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.

The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:

prior to its delivery, he has not expressly agreed to commence performance of the agreement before the end of the cooling-off period;

he has not acknowledged losing his right of withdrawal when granting his consent; or

the entrepreneur has failed to confirm this statement from the consumer.

If the consumer makes use of his right of withdrawal, all supplementary agreements will be dissolved by operation of law.

Article 9 – Obligations of the entrepreneur in case of withdrawal

If the entrepreneur makes it possible for the consumer to give notice of withdrawal electronically, he will send an acknowledgment of receipt immediately after receiving this notification.

The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to refund until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.

The entrepreneur will use the same means of payment that the consumer used for reimbursement, unless the consumer agrees to a different 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 entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement:

Products or services whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period

Agreements concluded during a public auction. A public auction is defined as a sales method where products, digital content and/or services are offered by the trader to the consumer who is personally present or has the possibility to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;

Service agreements, after complete delivery of the service, but only if:

the execution has begun with the consumer’s explicit prior consent; and

the consumer has declared that they lose their right of withdrawal once the trader has fully executed the agreement;

Service agreements for providing accommodation, if the agreement specifies a certain date or period of execution and other than for residential purposes, goods transport, car rental services and catering;

Agreements regarding leisure activities, if the agreement specifies a certain date or period of execution;

Products manufactured according to the consumer’s specifications, which are not prefabricated and are manufactured based on an individual choice or decision by the consumer, or which are clearly intended for a specific person;

Products that spoil quickly or have limited shelf life;

Sealed products that are unsuitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery;

Products that are irrevocably mixed with other products after delivery by their nature;

Alcoholic beverages whose price was agreed upon when concluding the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the trader has no influence;

Sealed audio, video recordings and computer software, whose seal has been broken after delivery;

Newspapers, periodicals or magazines, with the exception of subscriptions to these;

The delivery of digital content other than on a tangible medium, but only if:

the execution has begun with the consumer’s explicit prior consent; and

the consumer has declared that they lose their right of withdrawal as a result.

Article 11 – The Price

During the validity period stated in 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.

Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.

Price increases within 3 months after the conclusion of a service agreement are only allowed if they result from legal regulations or provisions.

Price increases from 3 months after the conclusion of a service agreement are only allowed if the trader has stipulated this and:

a. they result from legal regulations or provisions; or

b. the consumer has the authority to terminate the agreement effective from the day the price increase takes effect.

The prices mentioned in the offer of products or services include VAT, unless explicitly stated otherwise.

Article 12 – Agreement Fulfillment and Extra Guarantee

The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the trader also guarantees that the product is suitable for other than normal use.

An extra guarantee provided by the trader, their supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the trader based on the agreement if the trader has failed to fulfill their part of the agreement.

Extra guarantee means any commitment by the trader, their supplier, importer or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obligated to provide in case they have failed to fulfill their part of the agreement.

Article 13 – Delivery and Execution

The trader will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.

The delivery location is the address that the consumer has made known to the trader.

Taking into account what is stated about this in Article 4 of these general terms and conditions, the trader will execute accepted orders with due speed but at least within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will receive notification of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.

After termination in accordance with the previous paragraph, the trader will immediately refund the amount paid by the consumer.

The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a pre-designated and announced representative to the trader, unless explicitly agreed otherwise.

Article 14 – Duration Transactions: Duration, Cancellation and Extension

Cancellation:

The consumer can terminate an agreement that has been entered into 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.

The consumer can terminate an agreement that has been entered into 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 fixed term, with due observance of the agreed cancellation rules and a notice period of no more than one month.

The consumer can terminate the agreements mentioned in the previous paragraphs:

at any time and not be limited to termination at a specific time or during a specific period;

at least terminate them in the same way as they were entered into by them;

always terminate them with the same notice period as the trader has stipulated for themselves.

Extension:

An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, may not be automatically extended or renewed for a fixed duration.

Contrary to the previous paragraph, an agreement 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 period of a maximum of three months, if the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month.

An agreement entered into for a definite period and which extends to the regular delivery of products or services may only be automatically 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 agreement extends to the regular, but less than once per month, delivery of daily, news and weekly newspapers and magazines.

An agreement with limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introduction purposes (trial or introductory subscription) will not be tacitly continued and will end automatically after the trial or introductory period.

Duration:

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after a year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 – Payment

Unless otherwise specified in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period, within 14 days after concluding the agreement. In case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.

When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. When advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has taken place.

The consumer has the duty to report inaccuracies in provided or stated payment details to the trader without delay.

If the consumer fails to meet their payment obligation(s) in time, after being informed by the trader of the late payment and the trader has granted the consumer a period of 14 days to still meet their payment obligations, after failure to pay within this 14-day period, the statutory interest will be owed on the amount still due and the trader is entitled to charge the extrajudicial collection costs incurred by them. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% over the next €2,500 and 5% over the next €5,000 with a minimum of €40. The trader can deviate from the mentioned amounts and percentages in favor of the consumer.

Article 16 – Complaints Procedure

The trader has a sufficiently publicized complaints procedure and handles complaints according to this complaints procedure.

Complaints about the execution of the agreement must be submitted to the trader within a reasonable time after the consumer has discovered the defects, complete and clearly described.

Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after submitting the complaint, a dispute arises that is subject to the dispute resolution procedure.

Article 17 – Disputes

Only Dutch law applies to agreements between the trader and the consumer to which these general terms and conditions apply.

Disputes between the consumer and the trader about the formation or execution of agreements regarding products and services to be delivered or delivered by this trader can be submitted to the Webshop Disputes Committee, P.O. Box 90600, 2509 LP in The Hague (www.sgc.nl), with due observance of the provisions set out below.

A dispute will only be handled by the Disputes Committee if the consumer has first submitted their complaint to the trader within a reasonable time.

The dispute must be submitted to the Disputes Committee in writing no later than three months after the dispute has arisen.

When the consumer wants to submit a dispute to the Disputes Committee, the trader is bound by this choice. When the trader wants to do this, the consumer will have to state in writing within five weeks after a written request made by the trader whether they also desire this or want the dispute to be handled by the competent court. If the trader does not receive the consumer’s choice within the period of five weeks, the trader is entitled to submit the dispute to the competent court. Legal cases will be served at the court district of North Holland.

The Disputes Committee makes its decision under the conditions as established in the regulations of the Disputes Committee (http://www.degeschillencommissie.nl/over-ons/de-commissies/2701/webshop). The decisions of the Disputes Committee are made by way of binding advice.

The Disputes Committee will not handle a dispute or will discontinue the handling if the trader has been granted a suspension of payments, has gone bankrupt or has actually ended their business activities before a dispute has been handled by the committee at the hearing and a final decision has been made.

If, in addition to the Webshop Disputes Committee, another recognized or disputes committee affiliated with the Consumer Disputes Committees Foundation (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Webshop Quality Mark Foundation Disputes Committee is preferably competent for disputes mainly concerning the method of remote sales or services. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid.

Article 18 – Additional Provisions

For (automatic) translations of these terms and conditions, the Dutch version will always be leading.

Appendix I: Model Form for Withdrawal

Model withdrawal form

(only complete and return this form if you wish to withdraw from the agreement)

To: Desi’s Cadeauwinkel

Sint Jacobsbuurt 11

1483AS De Rijp

info@bijdesi.nl

I/We* hereby inform you that I/we* withdraw from our agreement concerning

the sale of the following products: [aanduiding product]*

the delivery of the following digital content: [aanduiding digitale inhoud]*

the performance of the following service: [aanduiding dienst]*,

withdraw*

Ordered on*/received on* [datum bestelling bij diensten of ontvangst bij producten]

[Name of consumer(s)]

[Address of consumer(s)]

[Signature of consumer(s)] (only when this form is submitted on paper)

* Cross out what does not apply or fill in what applies.