General terms and conditions

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 - 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 execution
Article 12 - Duration transactions: duration, termination, and extension
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:

1. Reflection period: the period within which the consumer can exercise his right of withdrawal; Read all about reflection period

1. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

1. Day: calendar day;

1. Continuous transaction: a distance contract concerning a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

1. Sustainable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation and unchanged reproduction of the stored information.

1. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;

1. Model form: the model form for withdrawal provided by the entrepreneur that a consumer can fill in when he wants to exercise his right of withdrawal.

1. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;

1. Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for remote communication are used;

1. Technology for remote communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being present in the same space at the same time.

1. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

DR Commerce
Industrieweg 10C
5145PV Waalwijk
Netherlands

T +31 85 1304093

E info@comformidable.nl
Chamber of Commerce 86534815
VAT number NL863998677B01

 

Article 3 - Applicability

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

1. Before the agreement is concluded at a distance, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the agreement is concluded at a distance that the general terms and conditions can be inspected at the entrepreneur and that they will be sent free of charge to the consumer as soon as possible upon request.

1. If the agreement is concluded electronically at a distance, contrary to the previous paragraph and before the agreement is concluded at a distance, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, before the agreement is concluded at a distance, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.

1. In the event that specific product or service conditions also apply alongside these general terms and conditions, the second and third paragraphs shall apply accordingly, and in case of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to them.

1. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these terms and conditions shall remain in effect for the rest, and the relevant provision shall be promptly replaced by mutual agreement with a provision that approximates the intent of the original as closely as possible.

1. Situations not regulated in these general terms and conditions shall be assessed 'in the spirit' of these general terms and conditions.

1. Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The offer

1. If an offer has a limited validity period or is made under conditions, this is explicitly stated in the offer.

1. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.

1. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

1. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

1. Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

1. Each offer contains such information that it is clear to the consumer what rights and obligations are connected to accepting the offer. This concerns in particular:
   
   
   • the price including taxes;
   
   
   • any shipping costs;
   
   
   • the manner in which the agreement will be concluded and which actions are necessary for this;
   
   
   • whether or not the right of withdrawal applies;
   
   
   • the method of payment, delivery, and execution of the agreement;
   
   
   • the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
   
   
   • the amount of the rate for remote communication if the costs of using the remote communication technique are calculated on a basis other than the regular basic rate for the communication medium used;
   
   
   • whether the agreement is archived after its conclusion, and if so, how it can be accessed by the consumer;
   
   
   • the manner in which the consumer can check and, if desired, correct the data provided by him in the context of the agreement before concluding the agreement;
   
   
   • any other languages in which, besides Dutch, the agreement can be concluded;
   
   
   • the codes of conduct to which the entrepreneur has subscribed and the way in which the consumer can electronically consult these codes of conduct; and
   
   
   • the minimum duration of the distance contract in the case of a long-term transaction.
   
   
   

Article 5 - The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions attached thereto.

1. 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 agreement resulting from this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

1. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.

1. The entrepreneur may - within legal frameworks - inquire whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request with motivation or to attach special conditions to the execution.

1. The entrepreneur will provide the consumer with the following information regarding the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
   
   
   • the visiting address of the entrepreneur’s establishment where the consumer can go with complaints;
   
   
   • 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;
   
   
   • the information about guarantees and existing after-sales service;
   
   
   • the information included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
   
   
   • the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
   
   
   

1. In the case of a continuous transaction, the provision in the previous paragraph only applies to the first delivery.

1. Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 - Right of withdrawal

Upon delivery of products:

1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 14 days. This reflection period starts the day after the product is received by the consumer or a representative designated in advance by the consumer and known to the entrepreneur.

1. 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 with all delivered accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

1. If the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 14 days after receiving the product. The consumer must make this known by means of the model form or by another means of communication such as email. 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 proof of shipment.

1. If the customer has not indicated after the periods mentioned in paragraphs 2 and 3 that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is final.

When delivering services:

1. When delivering services, the consumer has the option to cancel the contract without giving reasons for at least 14 days, starting on the day the contract is concluded.

1. To exercise their right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 - Costs in case of withdrawal

1. If the consumer exercises their right of withdrawal, the costs of return shipment will be borne by the consumer up to a maximum.

1. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after revocation. This is conditional on the product having already been received back by the webshop or conclusive proof of complete return being provided. Refunds will be made via the same payment method used by the consumer unless the consumer explicitly consents to another payment method.

1. In case of damage to the product due to careless handling by the consumer themselves, the consumer is liable for any depreciation of the product.

1. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal; this must be done before the conclusion of the purchase agreement.

Article 8 - Exclusion of the right of withdrawal

1. The entrepreneur can 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 entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the contract.

1. Exclusion of the right of withdrawal is only possible for products:
   
   
   • that have been made by the entrepreneur according to the consumer's specifications;
   
   
   • that are clearly personal in nature;
   
   
   • that by their nature cannot be returned;
   
   
   • that can spoil or become outdated quickly;
   
   
   • whose price is tied to fluctuations in the financial market over which the entrepreneur has no influence;
   
   
   • for loose newspapers and magazines;
   
   
   • for audio and video recordings and computer software for which the consumer has broken the seal;
   
   
   • for hygienic products whose seal the consumer has broken.
   
   
   

1. Exclusion of the right of withdrawal is only possible for services:
   
   
   • concerning accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
   
   
   • for which delivery has begun with the explicit consent of the consumer before the reflection period has expired;
   
   
   • concerning bets and lotteries.
   
   
   

Article 9 - The price

1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

1. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This tie to fluctuations and the fact that any stated prices are indicative prices are mentioned in the offer.

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

1. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:
   
   
   • these are the result of legal regulations or provisions; or
   
   
   • the consumer has the authority to terminate the agreement as of the day the price increase takes effect.
   
   
   

1. The prices mentioned in the offer of products or services include VAT.

1. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and warranty

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

1. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur based on the agreement.

1. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 2 months after discovery of the defect.

1. The entrepreneur’s warranty period corresponds to the factory warranty period. However, the entrepreneur 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.

1. 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 circumstances or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or treated on the packaging;
   
   
   • the defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.
   
   
   

Article 11 - Delivery and execution

1. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.

1. The place of delivery is the address the consumer has provided to the company.

1. Subject to the provisions in paragraph 4 of this article, the company will execute accepted orders with due speed but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or only partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to cancel the agreement without costs. The consumer is not entitled to compensation.

1. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.

1. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

1. If delivery of an ordered product proves to be impossible, the entrepreneur will make efforts to provide a replacement item. At the latest upon delivery, it will be clearly and understandably communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are the responsibility of the entrepreneur.

1. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Duration transactions: duration, termination, and extension

Termination

1. The consumer may terminate an agreement entered into for an indefinite period and aimed at the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of no more than one month.

1. The consumer may terminate an agreement entered into for a fixed period and aimed at the regular delivery of products (including electricity) or services at any time at the end of the fixed period, observing the agreed termination rules and a notice period of no more than one month.

1. The consumer can terminate the agreements mentioned in the previous paragraphs:
   
   
   • terminate at any time and not be limited to termination at a certain time or within a certain period;
   
   
   • at least terminate in the same manner as they were entered into by him;
   
   
   • always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension

1. An agreement entered into for a fixed period and aimed at the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

1. Notwithstanding the previous paragraph, an agreement entered into for a fixed period and aimed at the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, provided the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

1. An agreement entered into for a fixed term that provides for 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, and a notice period of no more than three months if the agreement concerns the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

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

Duration

1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one 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 13 - Payment

1. Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.

1. The consumer has the duty to immediately report any inaccuracies in the provided or stated payment details to the entrepreneur.

1. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs previously communicated to the consumer.

Article 14 - Complaints Procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

1. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has discovered the defects.

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

1. If the complaint cannot be resolved through mutual consultation, a dispute arises that is subject to the dispute resolution procedure.

1. In case of complaints, a consumer should first contact the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and complaints cannot be resolved through mutual consultation, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has an active membership via https://www.webwinkelkeur.nl/ledenlijst/If no solution has been reached, the consumer has the option to have their complaint handled by the independent dispute committee appointed by Stichting WebwinkelKeur, whose decision is binding and both the entrepreneur and the consumer agree to this binding decision. There are costs associated with submitting a dispute to this dispute 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).

1. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

1. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.

Article 15 - Disputes

1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate, even if the consumer resides abroad.

1. The Vienna Sales Convention does not apply.

Article 16 - Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions must 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 data carrier.