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 of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and performance
Article 12 - Continuing contracts: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period during which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting for purposes related to their trade, business or profession and who enters into a distance contract with the trader;
Day: calendar day;
Continuing performance contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: any means that enables the consumer or trader to store information addressed to them personally in a way that allows future reference and unaltered reproduction of the stored information.
Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;
Model form: the model withdrawal form provided by the trader that a consumer can fill in if they wish to exercise their right of withdrawal.
Trader: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract concluded under an organised system for the distance selling of products and/or services run by the trader, in which, up to and including the conclusion of the contract, exclusive use is made of one or more techniques of distance communication;
Technique of distance communication: a means that can be used to conclude a contract without the consumer and trader being in the same room at the same time.
Terms and Conditions: the present Terms and Conditions of the trader.

Article 2 - Identity of the trader

Schreuder E-Commerce BV
Sterrenlaan 7
2743LW, Waddinxveen

T: +31 (0)182-756629 (weekdays from 09:00 - 18:00)
M: info@schreuder-e-commerce.com

Chamber of Commerce number: 90228219
VAT number: NL865248965B01

Article 3 - Applicability

These Terms and Conditions apply to every offer made by the trader and to every distance contract concluded, as well as to orders between the trader and the consumer.
Before the distance contract is concluded, the text of these Terms and Conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, that the Terms and Conditions can be viewed at the trader's premises and will be sent free of charge to the consumer as quickly as possible upon request.
If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these Terms and Conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, where the Terms and Conditions can be viewed electronically and that they will be sent free of charge, electronically or otherwise, upon the consumer's request.
If specific product or service conditions apply in addition to these Terms and Conditions, the second and third paragraphs apply accordingly, and in the event of conflicting Terms and Conditions, the consumer may always invoke the applicable provision that is most favourable to them.
Should one or more provisions of these Terms and Conditions be, at any time, wholly or partly null and void or be voided, the contract and these Terms and Conditions will otherwise remain in force, and the provision in question will immediately be replaced by mutual agreement with a provision that corresponds as closely as possible to the purpose of the original.
Situations not covered by these Terms and Conditions must be assessed in the spirit of these Terms and Conditions.
Any ambiguity regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted in the spirit of these Terms and Conditions.

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 is without obligation. The trader has the right to change and adjust the offer.
The offer contains a complete and accurate description of the products 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 and/or services offered. Obvious mistakes or errors in the offer do not bind the trader.
All images and specifications in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
Images accompanying products are a true representation of the products offered. The trader cannot guarantee that the colours shown exactly match the actual colours of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

the price including taxes;
any delivery costs;
the manner in which the contract will be concluded and which actions are required for this purpose;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the contract;
the period for accepting the offer, or the period within which the trader guarantees the price;
the rate for distance communication, if the costs of using the technique of distance communication are calculated on a basis other than the regular standard rate for the means of communication used;
whether the contract is archived after conclusion, and if so, how the consumer can access it;
the manner in which the consumer, before concluding the contract, can check the data provided by them under the contract and correct them if necessary;
any other languages, besides German, in which the contract can be concluded;
the codes of conduct to which the trader is subject and how the consumer can view these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a continuing performance contract.

Article 5 - The contract

Subject to the provision in paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions set out therein.
If the consumer has accepted the offer electronically, the trader will promptly confirm electronic receipt of the acceptance of the offer. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures.
The trader may - within statutory limits - inform themselves as to whether the consumer can meet their payment obligations, as well as of all facts and factors relevant to a responsible conclusion of the distance contract. If, based on this investigation, the trader has good grounds not to enter into the contract, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to its performance.
The trader will include the following information with the product or service, either in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

a. the visiting address of the trader's place of business 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 notice regarding the exclusion of the right of withdrawal;
c. information about warranties and existing after-sales service;
d. the information contained in Article 4, paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer before performance of the contract;
e. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

6. In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.
7. Every contract is concluded subject to the condition precedent of sufficient availability of the relevant products.

Article 6 - Right of withdrawal

For delivery of products:

When purchasing products, the consumer has the option to dissolve the contract without giving reasons within 14 days. This cooling-off period begins on the day following receipt of the product by the consumer or by a representative previously designated by the consumer and made known to the trader.
During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product to the trader with all accessories supplied and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the trader within 14 days of receiving the product. The consumer must make this notification using the model form. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of a proof of shipment.
If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that they wish to exercise their right of withdrawal, or has not returned the product to the trader, the purchase is final.

For delivery of services:

For the delivery of services, the consumer has the option to dissolve the contract without giving reasons for at least 14 days, starting from the day the contract is concluded.
To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader with the offer and/or, at the latest, upon delivery.

Article 7 - Costs in case of withdrawal

If the consumer exercises their right of withdrawal, they shall bear at most the cost of returning the product.
If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than within 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the webshop operator, or that conclusive proof of complete return can be provided. The refund will be made using the same payment method used by the consumer, unless the consumer expressly agrees to a different payment method.
If the product is damaged due to improper handling by the consumer themselves, the consumer is liable for any resulting loss of value of the product.
The consumer cannot be held liable for the loss of value of the product if the trader has not provided all legally required information about the right of withdrawal; this must be done before the purchase contract is concluded.

Article 8 - Exclusion of the right of withdrawal

1. The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least in good time before the contract is concluded.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been produced by the trader according to the consumer's specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that can spoil or become outdated quickly;
e. the price of which is subject to fluctuations in the financial market over which the trader has no influence;
f. for loose newspapers and magazines;
g. for audio and video recordings and computer software whose seal the consumer has broken;
h. for hygiene products whose seal the consumer has broken.
3. Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, restaurant operations or leisure activities to be performed on a specific date or during a specific period;
b. the delivery of which has begun with the consumer's express consent before the cooling-off period has expired;
c. concerning bets and lotteries.

Article 9 - 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.
Notwithstanding the previous paragraph, the trader may offer products or services with variable prices where these prices are subject to fluctuations in the financial market over which the trader has no influence. This dependency on fluctuations and the fact that any prices stated are target prices will be indicated in the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they result from 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 result from statutory regulations or provisions; or b. the consumer has the right to cancel the contract with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the trader is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and warranty

The trader guarantees that the products and/or services comply with the contract, with the specifications stated in the offer, with reasonable requirements of usability and/or fitness for purpose, and with the statutory provisions and/or government regulations in force at the time the contract is concluded. If agreed, the trader also guarantees that the product is suitable for a use other than normal use.
A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader under the contract.
Any defects or incorrectly delivered products must be reported to the trader in writing within 4 weeks of delivery. Products must be returned in their original packaging and in as-new condition.
The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products. The warranty does not apply if:

the consumer has repaired and/or processed the delivered products themselves or has had them repaired and/or processed by third parties;
the delivered products have been exposed to abnormal conditions or otherwise handled carelessly, or have been handled contrary to the trader's instructions and/or the instructions on the packaging;
the defectiveness is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 - Delivery and performance

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 place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive notice of this no later than 30 days after placing the order. In such a case, the consumer has the right to dissolve the contract free of charge. The consumer is not entitled to compensation.
All delivery periods are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not give the consumer the right to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after the dissolution.
If delivery of an ordered product proves impossible, the trader will make efforts to make a replacement item available. At the latest upon delivery, it will be stated clearly and comprehensibly that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment will be borne by the trader.
The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative previously designated and made known to the trader, unless expressly agreed otherwise.

Article 12 - Continuing contracts: duration, termination and renewal

Termination

The consumer may terminate a contract that has been concluded for an indefinite period and that is aimed at the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period not exceeding one month.
The consumer may terminate a contract that has been concluded for a definite period and that is aimed at the regular delivery of products (including electricity) or services at any time as of the end of the definite period, subject to the agreed termination rules and a notice period not exceeding one month.
The consumer may, with respect to the contracts referred to in the previous paragraphs:

terminate at any time and is not restricted to termination at a specific time or within a specific period;
terminate at least in the same manner in which they were entered into;
always terminate with the same notice period as the trader has stipulated for themselves.

Renewal

A contract concluded for a definite period and aimed at the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite duration.
Notwithstanding the previous paragraph, a contract concluded for a definite period and aimed at the regular delivery of daily, news and weekly papers and magazines may be tacitly extended for a definite duration of up to three months, if the consumer can terminate this extended contract towards the end of the extension with a notice period not exceeding one month.
A contract concluded for a definite period and aimed at the regular delivery of products or services may only be tacitly extended for an indefinite duration if the consumer may terminate it at any time with a notice period not exceeding one month, and a notice period not exceeding three months if the contract is aimed at the regular, but less than monthly, delivery of daily, news and weekly papers and magazines.
A contract with a limited duration for the regular delivery, on a trial basis, of daily, news and weekly papers and magazines (trial or introductory subscription) will not be tacitly continued and will end automatically after the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may, after one year, terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days of the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of a contract for the provision of a service, this period begins after the consumer has received confirmation of the contract.
The consumer is obliged to report inaccuracies in provided or stated payment details to the trader without delay.
In the event of non-payment by the consumer, the trader has the right, subject to statutory limitations, to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure

The trader has a sufficiently publicised complaints procedure and will handle the complaint in accordance with this complaints procedure.
Complaints about the performance of the contract must be submitted to the trader fully and clearly described within 7 days after the consumer has discovered the defects.
Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
In the event of complaints, a consumer should first contact the trader. If the webshop is affiliated with Stichting WebwinkelKeur and complaints cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), who will mediate free of charge. Check whether this webshop has a current membership at https://www.webwinkelkeur.nl/leden/. If no solution is reached, the consumer has the option of having their complaint handled by the independent dispute resolution committee set up by Stichting WebwinkelKeur; its decision is binding, and both the trader and the consumer agree to this binding decision. Submitting a dispute to this dispute resolution committee involves costs that must be paid by the consumer to the committee concerned. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.
If a complaint is found to be justified by the trader, the trader will, at its own discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

Dutch law exclusively applies to contracts between the trader and the consumer to which these Terms and Conditions relate. This applies even if the consumer resides abroad.
The Vienna Convention on Contracts for the International Sale of Goods does not apply.

Article 16 - Additional or deviating provisions

Additional provisions or provisions deviating from these Terms and Conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.

Contact Details

If, after reading these Terms and Conditions, you have any questions, complaints or comments, please do not hesitate to contact us in writing or by email.

Schreuder E-Commerce BV
Sterrenlaan 7
2743 LW Waddinxveen

T: 0182756629
M: info@schreuder-e-commerce.com