Terms and Conditions for Web Shop
1 - Definitions
2 - Identity
3 - Applicability
4 - The offer
5 - The agreement
6 - Right of cancellation
7 - Obligations of the consumer during the cooling off period
8 – Exercising the right of cancellation by the consumer and the costs thereof
9 – Obligations of the operator upon cancellation
10 – Excluding right of cancellation
11 – The price
12 – Fulfilling the agreement and extra warranty
13 – Delivery and execution
14 – Continuing performance contract: term, termination and extension
15 - Payment
16 – Complaints
17 - Disputes
18 – Supplemental or derogating provisions
Article 1 - Definitions
In these terms and conditions, the following definitions are used:
- Supplemental agreement: an agreement whereby the consumer receives products, digital content and/or services in connection with a distance agreement and these items, services and/or digital content is delivered by the operator or by a third party on the basis of an agreement between that third party and the operator;
- Cooling-off period: the term within which the consumer can make use of the right of cancellation;
- Consumer: the natural person who is not acting for purposes that are connected with his trade, business, craft or professional activity;
- Day: calendar day;
- Digital content: information that is produced and delivered in digital form;
- Continuing performance agreement: an agreement that extends to the regular delivery of items, services and/or digital content during a certain period;
- Durable data carrier: any tool – including e-mail – that enables the consumer or operator to save information that is directed to him personally in a way that makes the future consultation or use during a period in alignment with the purpose for which the information is intended possible and that allows the unchanged reproduction of the saved information;
- Right of cancellation: the ability of the consumer to reject the distance agreement within the cooling off period;
- Operator: the natural or legal person who offers products, (access to) digital content and/or services at a distance to consumers;
- Distance agreement: an agreement that is finalised between the operator and the consumer in the context of an organised system for distance sales of products, digital content and/or services, whereby, through the finalisation of the agreement, exclusive or partial use is made of one or more techniques for communication at a distance;
- Model form for cancellation: The model form for cancellation can be found here;
- Technology for communication at a distance: tool that can be used for the finalisation of an agreement, without the consumer and operator having to come together at the same time in the same space.
Article 2 - Identity
1. Identity of the operator
The name of the Operator (the entity) will be made known with the offer of the product or the service.
2. Identity of the web shop
Primedinners BV acts as an intermediary in our web shop. That means that Primedinners BV intermediates in the web shop in the creation of agreements between the consumer and the operator. Primedinners BV itself is thus not a party to a sales agreement.
Article 3 - Applicability
- These general terms and conditions are applicable to any offer of the operator and to any distance agreement between operator and consumer.
- Before the distance agreement is finalised, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, then before the distance agreement is finalised, the operator will indicate how these general terms and conditions can be reviewed by the consumer and that they will be sent to the consumer without cost and as quickly as possible upon the request of the consumer.
- If the distance agreement is finalised electronically, then in derogation of the previous paragraph and before the distance agreement is finalised, the text of these general terms and conditions will be made available to the consumer electronically in such a way that they can be saved in a simple way by the consumer on a durable data carrier. If this is not reasonably possible, then before the distance agreement is finalised, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent to the consumer without cost and as quickly as possible upon the request of the consumer.
- In the event that next to these general terms and conditions there are also specific product or services terms and conditions that apply, the second and third paragraph of the agreement apply and the consumer can always rely in the case of conflicting conditions on the application of the provision that is most favourable to the consumer.
Article 4 - The offer
If an offer has a limited period of validity or is made conditionally, the operator must expressly state this in the offer.
The offer contains a complete and accurate description of the offered products, digital content and/or services. The description is sufficiently detailed in order to make a good assessment of the offer possible for the consumer. If the operator makes use of illustrations, these are a faithful representation of the offered products, services and/or digital content. Obvious mistakes or obvious errors in the offer do not bind the operator.
Each offer contains such information that it is clear for the consumer what the rights and obligations are that are bound to the acceptance of the offer.
The product information can differ from country to country, and not all products are (legally) available in every country. The products and services to which reference is made can be subject to different regulatory requirements in function for the country. Nothing in the web shop may be considered as a promotion or advertising of a product or service that is not permitted in the country in question.
Article 5 - The agreement
The agreement, subject to the provisions in paragraph 4, is created at the moment of acceptance by the consumer of the offer and the fulfilment of the established conditions.
If the consumer has accepted the offer electronically, the operator immediately confirms the acceptance of the offer electronically. As long as the receipt of this acceptance is not confirmed by the operator, the consumer can dissolve the agreement.
If the agreement is finalised electronically, the operator takes appropriate technical and organisational measures to secure the electronic transfer of data and ensures a safe web environment. If the consumer can pay electronically, the operator will take appropriate security measures into consideration.
The operator can – within legal frameworks – inquire about whether the consumer can meet his payment obligations, as well as about all those facts and factors that are important for entering into the distance contract responsibly. If the operator has good grounds on the basis of this research not to enter into the agreement, he is entitled to refuse an order or application with justification or to attach special conditions to the execution.
The operator will send to the consumer, no later than upon delivery of the product, service or digital content, in writing or in such a way that it can be saved accessibly by the consumer on a durable data carrier:
the visiting address of the branch of the operator where the consumer can present complaints;
the conditions under which and the manner in which the consumer can make use of the right of cancellation, or a clear notification with respect to the exclusion of the right of cancellation;
the information about guarantees and existing service after purchase;
the price of the product, service or digital content, including all taxes; insofar as applicable the costs of delivery; and the method of payment, delivery or execution of the distance agreement;
the requirements for termination of the agreement if the agreement has a duration of more than one year or is for an indeterminate period;
if the consumer has a right of cancellation, the model form for cancellation.
In the case of a continuing performance transaction, the provision in the previous paragraph is only applicable to the first delivery.
Article 6 - Right of cancellation
- The consumer can dissolve an agreement concerning the purchase of a product during a cooling-off period of at least 14 days, without a statement of reasons. The operator may ask the consumer for reasons for the cancellation, but the consumer is not obligated to provide his or her reason(s).
- The cooling-off period named in paragraph 1 begins on the day after the consumer, or a third party who is not the shipper and is designated in advance by the consumer, has received the product; or
- if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by the consumer, has received the last product. The operator may, as long as the consumer is informed of this in a clear way prior to the order process, refuse an order of multiple products with different delivery times; or
- if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by the consumer, has received the last shipment or the last part; or
- for agreements for regular deliveries of products during a certain period: the day on which the consumer, or a third party designated by the consumer, has received the first product.
For services and digital content that is not delivered on a material carrier:
- The consumer can dissolve a service agreement and an agreement for the delivery of digital content that is not delivered on a material carrier during a period of at least 14 days, without a statement of reasons. The operator may ask the consumer for the reason for the cancellation, but the consumer is not obligated to provide his or her reason(s).
- The cooling-off period in paragraph 3 begins on the day that follows the finalisation of the agreement.
Extended cooling-off periods for products, services and digital content that is not delivered on a material carrier when information is not provided about the right of cancellation:
- If the operator has not provided the consumer with the legally required information about the right of cancellation or has not provided the model form for cancellation, the cooling-off period extends to 12 months after the end of the originally established cooling-off period corresponding to the previous paragraphs of this article.
- If the operator has provided the information intended in the preceding paragraph to the consumer within 12 months after the start date of the original cooling-off period, the cooling-off period extends to 14 days after the day on which the consumer has received that information.
Article 7 - Obligations of the consumer during the cooling off period
- During the cooling-off period, the consumer will handle the product and the packaging carefully. He will only unpack or use the product to the degree that is necessary in order to establish the nature, the characteristics and the function of the product. The assumption here is that the consumer may only utilise and inspect the product as he would be able to do in a shop.
- The consumer is only liable for decrease in value of the product that is the result of handling the product in a manner that goes further than is permissible in paragraph 1.
- The consumer is not liable for decrease in value of the product if the operator has not provided him with all legally required information about the right of cancellation before or upon finalisation of the agreement.
Article 8 - Exercising the right of cancellation by the consumer and the costs thereof
- If the consumer makes use of his right of cancellation, he reports this within the cooling-off period by means of the model form for cancellation or in another unambiguous way to the operator.
- As soon as possible, but within 14 days starting from the day following the notification intended in paragraph 1, the consumer sends the product back, or hands it over to (an authorised representative of) the operator. This is not necessary if the operator has offered to collect the product himself. The consumer must consider the return period in any case if he sends back the product before the cooling-off period expires.
- The consumer sends the product back with all delivered accessories, if reasonably possible, in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the operator.
- The risk and the burden of proof for the correct and timely exercise of the right of cancellation lies with the consumer.
- The consumer bears the direct costs of sending back the product. If the operator has not reported that the consumer must bear these costs or if the operator indicates that he will bear these costs, then the consumer does not have to bear the cost of return shipment.
- If the consumer cancels after first having expressly requested the receipt during the cooling-off period for the execution of services that are not ready for sale made in a limited volume or amount, then the consumer owes the operator an amount that is proportional to that part of the agreement that has been fulfilled by the operator at the moment of cancellation, compared with the complete fulfilment of the agreement.
- The consumer bears no costs for the execution of services that are not ready for sale made in a limited volume or amount, or for the delivery thereof if:
- the operator has not provided the consumer with the legally required information about the right of cancellation, the cost reimbursement upon cancellation or the model form for cancellation; or
- the consumer has not expressly requested the receipt of the service during the cooling-off period.
- The consumer bears no costs for the complete or partial delivery of digital content not delivered on a material carrier, if:
1. he has not expressly and prior to the delivery agreed with the start of compliance with the agreement before the end of the cooling-off period;
2. he has not acknowledge the loss of his right of cancellation when granting his permission; or
3. the operator has neglected to confirm this statement of the consumer.
4. If the consumer makes use of his right of cancellation, all supplemental agreements will be legally dissolved.
Article 9 - Obligations of the operator upon cancellation
- If the operator makes the notification of cancellation by the consumer possible electronically, he immediately sends a confirmation of receipt after receipt of this notification.
- The operator refunds all payments by the consumer, including any delivery costs billed by the operator for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the cancellation. Unless the operator offers to collect the product himself, he may wait with the refund until he has received the product or until the consumer demonstrates that he has returned the product whichever comes first.
- The operator uses the same method of payment for the refund that the consumer has used, unless the consumer agrees with another method. The refund is without cost to the consumer.
- If the consumer has chosen a more expensive method of delivery than the least expensive standard delivery, the operator does not have to refund the additional costs for the more expensive method.
Article 10 - Excluding right of cancellation
The operator can exclude the following products and services from the right of cancellation, but only if the operator has clearly stated this with the offer, or in a timely fashion before finalising the agreement:
- Products or services for which the price is bound to fluctuations in the financial market over which the operator has no influence and that can occur within the cancellation period;
- Agreements that are finalised during a public auction. A public auction means a sales method whereby products, digital content and/or services are offered by the operator to the consumer who is personally present or has the option of being personally present at the auction, led by an auctioneer, and whereby the successful bidder is required to take the products, digital content and/or services;
- Service agreements, after complete execution of the service, but only if:
- the execution is begun with express prior permission from the consumer; and
- the consumer has stated that he loses his right of cancellation as soon as the operator has completely executed the agreement;
- Service agreements for making available accommodation, if a certain date or period of execution is provided in the agreement and for other than residential purposes, transport of goods, auto rental services and catering;
- Agreements with respect to leisure activities, if a certain date or period of execution thereof is provided in the agreement;
- Products manufactured according to specifications by the consumer that are not prefabricated and that are made on the basis of an individual choice or decision of the consumer or that are clearly intended for a specific person;
- Products that quickly deteriorate or have a limited shelf-life;
- Sealed products that are not suitable for return due to reasons of health protection or hygiene and for which the seal has been broken after delivery;
- Products that are irrevocably mixed due to their nature with other products;
- Alcoholic drinks for which the price is agreed with the finalisation of the agreement, but for which the delivery can only take place after 30 days, and for which the actual value depends on fluctuations in the market over which the operator has no influence;
- Sealed audio and video recordings and computer programming, for which the seal has been broken after delivery;
- Newspapers, periodicals or magazines, with the exception of subscriptions to the same;
- The delivery of digital content other than on a material carrier, but only if:
- the execution is begun with the express prior permission from the consumer; and
- the consumer has stated that he thereby loses his right of cancellation.
Article 11 - The price
- During the period of validity stated in the offer, the prices of the offered products and/or services are not increased, except for price changes as a result in VAT rates.
- In derogation of the previous paragraph, the operator can offer products or services for which the prices are bound to fluctuations in the financial market and over which the operator has no influence at variable prices. This binding to fluctuations and the fact that any prices given are indicative will be reported with the offer.
- Price increases within 3 months after the creation of the agreement are only permitted if they are the result of legal regulations or provisions.
- Price increases starting 3 months after the creation of the agreement are only permitted if the operator has stipulated this and: a. these are the result of legal regulations or provisions; or b. the consumer has the authority to terminate the agreement effective on the day on which the price increase takes effect.
- The prices named in the offer of products or services include VAT.
Article 11.1 – Offers (member discounts)
The following policy rules are applicable if you use the tool of Primedinners for making an offer:
i. Primedinners offers must be valid for a limited time.
ii. You may only start an offer if you are the seller for or the manufacturer of the product or the service that you are promoting.
iii. You must clearly make known any limitations that apply for your offer (for example an end date or limitations on exchange).
iv. Only you are liable for incorrect handling, fraud, disputes or other issues that result from the distribution and/or the use of your offer.
v. If your offer can be used by another company, it is your responsibility to maintain contact with that company and ensure that they honour your offer.
vi. You may only use the tool for making an offer in the way it is intended and not to promote your website or other contact information, or to offer a corresponding amount of a gift certificate or voucher.
vii. You must ensure that your offer fulfils these terms and conditions and all applicable laws and regulations. Contact an expert if you are not certain whether your offer meets the applicable laws.
Article 12 - Fulfilling the agreement and extra warranty
- The operator is responsible for ensuring that the products and/or services fulfil the agreement, the specifications reported in the offer, the reasonable requirements of appropriateness and/or usability and the existing legal provisions and/or governmental regulations on the date of the creation of the agreement. If agreed, the operator is also responsible for ensuring that the product is suitable for other than normal use.
- An extra guarantee provided by the operator, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can make on the grounds of the agreement with respect to the operator if the operator falls short in the fulfilment of his part of the agreement.
- Extra guarantee means every undertaking of the operator, his supplier, importer or producer in which these grant the consumer certain rights or claims that go further than that which is required by law in the event that he falls short in the fulfilment of his part of the agreement.
Article 13 - Delivery and execution
- The operator will take the greatest possible care in the taking and execution of orders for products and in the assessment of applications for the provision of services.
- The place of deliver will be considered the address that the consumer has made known to the operator.
- With consideration of that which is stated in article 4 of these general terms and conditions, the operator will fulfil accepted orders with appropriate speed, but within 30 days at the latest, unless another delivery term is agreed. If the deliver is delayed, or if an order cannot or can only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. The consumer in that case has the right to dissolve the agreement without cost and with a right to applicable compensation for damages.
- After dissolution in accordance with the previous paragraph, the operator will immediately refund the amount that the consumer paid.
- The risk of damage and/or loss of products rests with the operator until the moment of delivery to the consumer or a representative designated in advance and made known to the operator, unless expressly agreed otherwise.
Article 14 - Continuing performance contract: term, termination and extension
- The consumer can always terminate an agreement entered into for an indefinite period and that extends to the regular delivery of products or services, with consideration of the agreed termination rules and a period of notice of no more than one month.
- The consumer can always terminate an agreement entered into for a limited period and that extends to the regular delivery of products or services at the end of the limited period, with consideration of the agreed termination rules and a period of notice of no more than one month.
- For the agreements named in the previous paragraphs, the consumer can: - always terminate and is not limited to termination at a certain time or in a certain period; - at least terminate in the same way as he entered into the agreement; - always terminate with the same period of notice as the operator has stipulated for himself.
- An agreement that is entered into for a limited period and that extends to the regular delivery of products or services may not be silently extended or renewed for a limited period.
- In derogation of the previous paragraph, an agreement that is entered into for a limited period and that extends to the regular delivery of daily papers, newspapers and weekly papers and periodicals will be extended for a limited period of a maximum of three months, if the consumer can terminate this extended agreement at the end of the extension with a period of notice of no more than one month.
- An agreement that is entered into for a limited period and that extends to the regular delivery of products or services may only be silently extended for an indefinite period if the consumer may always terminate with a period of notice of no more than one month. The period of notice is no more than three months in the event that the agreement extends to regular, but less than once per month, delivery of daily papers, newspapers and weekly papers and periodicals.
- An agreement with a limited term for the regular introductory delivery of daily papers, newspapers and weekly papers and periodicals (sample or introductory subscription) will not be silently extended and end automatically after expiration of the sample or introductory period.
- If an agreement has a term of more than one year, the consumer may always terminate the agreement after a year with a period of notice of no more than one month, unless the reasonableness and fairness argue against termination before the end of the agreed term.
Article 15 - Payment
- Insofar as not otherwise determined in the agreement or supplemental terms and conditions, amounts owed by the consumer must be settled within 14 days after the start of the cooling-off period, or with the lack of cooling-off period, within 14 days after the finalisation of the agreement. In the case of an agreement for the provision of a service, this term begins on the day after the consumer has received confirmation of the agreement.
- For the sale of products to consumers, the consumer may never be obligated in general terms and conditions to pre-payment of more than 50%. When pre-payment is stipulated, the consumer cannot claim any right regarding the execution of the order or service(s) in question unless the stipulated pre-payment has taken place.
- The consumer has the obligation to immediately report inaccuracies in provided or reported payment information to the operator.
- If the consumer does not fulfil his payment obligation(s) in a timely way, after he has been notified of the late payment by the operator and the operator has given the consumer a period of 14 days to fulfil his payment obligation, after the continued failure to pay within this 14-day term, then the legal interest is owed over the outstanding principal and the operator is entitled to bill extra-legal collection costs he incurs. These collection costs amount to a maximum: 15% over outstanding amounts up to € 2,500.=; 10% over the subsequent € 2,500.= and 5% over the following € 5,000.= with a minimum of € 40.=. The operator can deviate in favour of the consumer from the named amounts and percentages.
Article 16 - Complaints
- The operator has a sufficiently well publicised complaints procedure and acts in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted within a reasonable time after the consumer has noted the defect to the operator with a complete and clear description.
- Complaints submitted to the operator will be answered within a period of 14 days calculated starting from the date of receipt. If a complaint requires a predictably longer processing time, the operator will answer within 14 days with a message of receipt and an indication of when the consumer can expect a more thorough answer.
- If the complaint cannot be resolved in mutual consultation within a reasonable term or within 3 months after the submission of the complaint, a dispute arises that is subject to the dispute regulation.
- Primedinners BV intermediates between the operator and the consumer, where considered necessary, in resolving submitted complaints.
Article 17 - Disputes
- Only Dutch law is applicable to agreements between the operator and the consumer to which these general terms and conditions apply.
- If you enter into a transaction with a third party and a dispute arises concerning the goods or services that you have purchased or sold, Primedinners BV is not liable for the goods or services in this transaction.
Article 18 - Supplemental or deviating provisions
Provisions supplemental to or deviating from these general terms and conditions may not disadvantage the consumer and must be documented in writing or in such a way that they can be saved by the consumer on a durable data carrier in an accessible way.