Terms and Conditions

Article 1 - Definitions
Article 2 - Identity of the trader
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
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 - Ongoing transactions: duration, cancellation 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:

Reflection period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession and enters into a distance contract with the trader;
Day: calendar day;
Ongoing transaction: 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 tool that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
Model form: the model withdrawal form made available by the trader that a consumer can complete when 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, within the framework of a system organised by the trader for distance selling of products and/or services, exclusively through the use of one or more techniques of distance communication up to and including the moment the contract is concluded;
Technique of distance communication: a means that can be used to conclude a contract without the consumer and trader being physically present in the same location at the same time.
Terms and Conditions: these 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 identification number: NL865248965B01

Article 3 - Applicability

These terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between trader and 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, it will be indicated, before the distance contract is concluded, that the terms and conditions can be viewed at the trader's premises 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, 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 the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated, 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 at the consumer's request.
In the event that, in addition to these terms and conditions, specific product or service conditions also apply, 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.
If one or more provisions of these terms and conditions are, at any time, wholly or partially null and void or are annulled, the contract and these terms and conditions will otherwise remain in force, and the provision in question will be replaced without delay, in mutual consultation, by a provision that approximates as closely as possible the intent of the original.
Situations not covered by these terms and conditions must be assessed 'in the spirit' of these terms and conditions.
Any ambiguities 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 subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The trader is entitled 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, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
Images of products are a true representation of the products offered. The trader cannot guarantee that the colours shown correspond exactly to the actual colours of the products.
Every 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 shipping costs;
the manner in which the contract will be concluded and what actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the contract;
the period for acceptance of the offer, or the period within which the trader guarantees the price;
the level of the rate for distance communication if the costs of using the technique of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the contract is archived after conclusion, and if so, how the consumer can access it;
the way in which the consumer, before concluding the contract, can check and, if desired, correct the information provided by them in connection with the contract;
any other languages, besides Dutch, in which the contract can be concluded;
the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in case of an ongoing transaction.

Article 5 - The agreement

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and satisfies the conditions set 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 observe appropriate security measures for this purpose.
The trader may, within legal limits, verify whether the consumer can meet their payment obligations, as well as any 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, giving reasons, or to attach special conditions to its execution.
The trader will send the following information with the product or service 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:

a. the visiting address of the trader's premises where the consumer can lodge complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding exclusion of the right of withdrawal;
c. information about warranties and existing after-sales service;
d. the information included in Article 4, paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer prior to the performance of the contract;
e. the requirements for cancelling the contract if the contract has a duration of more than one year or is of indefinite duration.

6. In the case of an ongoing transaction, the provision in the previous paragraph only applies to the first delivery.
7. Every contract is entered into 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 for 14 days. This reflection period commences on the day after the consumer, or a representative designated in advance by the consumer and made known to the trader, receives the product.
During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess 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 of this within 14 days of receiving the product. The consumer must notify using the model form. After the consumer has stated 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 have been returned in time, for example by means of proof of shipment.
If, at the end of the periods referred to in paragraphs 2 and 3, the customer has not stated that they wish to exercise their right of withdrawal, or has not returned the product to the trader, the sale is final.

For delivery of services:

In the case of the delivery of services, the consumer has the option to dissolve the contract without giving reasons for at least 14 days, starting on the day the contract was entered into.
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 will bear at most the costs of return shipment.
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 withdrawal. This is subject to the condition that the product has already been received back by the web shop, or conclusive proof of complete return can be provided. Repayment will be made using the same payment method used by the consumer, unless the consumer expressly agrees to a different payment method.
In the case of damage to the product due to careless handling by the consumer themselves, the consumer is liable for any resulting decrease in value of the product.
The consumer cannot be held liable for a decrease in the value of the product if the trader has not provided all legally required information about the right of withdrawal, which must be provided before the purchase agreement 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. Exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, or 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 age quickly;
e. whose price 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 of which the consumer has broken the seal.
h. for hygienic products of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a. relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
b. of which delivery has begun with the consumer's express consent before the reflection period has expired;
c. relating to 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 whose prices are subject to fluctuations in the financial market, over which the trader has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices will be stated with the offer.
Price increases within 3 months after 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 typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical 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, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the contract was concluded. If agreed, the trader also guarantees that the product is suitable for uses other than normal use.
A warranty provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer may 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 the original packaging and in 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 modified the delivered products themselves, or has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or otherwise handled carelessly, or handled in a manner contrary to the trader's instructions and/or the instructions on the packaging;
The defect 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 exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Taking into account 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 be informed of this no later than 30 days after they placed the order. In that 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 entitle the consumer to compensation.
In case 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 dissolution.
If delivery of an ordered product proves to be impossible, the trader will make efforts to make a replacement item available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are 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 designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 - Ongoing transactions: duration, cancellation and renewal

Cancellation

The consumer may cancel a contract that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, subject to the agreed cancellation rules and a notice period of no more than one month.
The consumer may cancel a contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, subject to the agreed cancellation rules and a notice period of no more than one month.
The consumer may cancel the contracts referred to in the previous paragraphs:

at any time and not be limited to cancellation at a specific time or during a specific period;
at least in the same way as they were entered into by them;
always with the same notice period as the trader has stipulated for themselves.

Renewal

A contract entered into for a definite period that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
Notwithstanding the previous paragraph, a contract entered into for a definite period that extends to the regular delivery of daily newspapers, news and weekly publications and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer can cancel this extended contract towards the end of the extension with a notice period of no more than one month.
A contract entered into for a definite period that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month, and a notice period of no more than three months in case the contract extends to the regular, but less than monthly, delivery of daily newspapers, news and weekly publications and magazines.
A contract of limited duration for the regular delivery of daily newspapers, news and weekly publications and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically after the end of the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may, after one year, cancel the contract at any time with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise 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 reflection period referred to in Article 6, paragraph 1. In the case of a contract to provide a service, this period commences after the consumer has received confirmation of the contract.
The consumer has a duty 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 handles 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 a notice of receipt and an indication of when the consumer can expect a more detailed answer.
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 web shop is affiliated with Stichting WebwinkelKeur, and in the event of complaints that cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), who will mediate free of charge. Check whether this web shop has a current membership via https://www.webwinkelkeur.nl/leden/. If no solution has been reached at that point, the consumer has the option to have their complaint handled by the independent dispute resolution committee appointed by Stichting WebwinkelKeur; the ruling of this committee is binding, and both trader and consumer agree to this binding ruling. Costs are associated with submitting a dispute to this dispute resolution committee, which must be paid by the consumer to the relevant committee. It is also possible to submit 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 their 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 also applies if the consumer resides abroad.
The Vienna Sales Convention 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 feel free 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

Chamber of Commerce number: 90228219
VAT number: NL865248965B01