General Terms and Conditions Schutrups Schoenen BV & Stichting Schutrups Exloo
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.
Cooling-off period: the period within which the consumer can make use of his
right of withdrawal;
2.
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;
3. Day:
calendar day;
4.
Long-term 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;
5. Durable
data carrier: any medium that enables the consumer or entrepreneur to store
information addressed to him personally in a way that allows future
consultation and unaltered reproduction of the stored information.
6. Right of
withdrawal: the consumer's ability to withdraw from the distance contract
within the cooling-off period;
7.
Entrepreneur: the natural or legal person who offers products and/or services
to consumers at a distance;
8. Distance
contract: a contract concluded in the context of an organized system for
distance selling of products and/or services by the entrepreneur, up to and
including the conclusion of the contract, exclusively using one or more means
of distance communication;
9. Means of
distance communication: a means that can be used to conclude a contract without
the consumer and entrepreneur being physically present in the same space.
Article 2 – Identity of the entrepreneur
1.
Schutrups Schoenen BV (purchase of goods)
Zuiderhoofdstraat
13;
Telephone
number: 0591-549093
Email
address: webshop@schutrups.nl
Chamber of
Commerce number: 53794273
VAT
identification number: 8510.20.823.B.01
Article 2 – Identity of the entrepreneur
2.
Stichting Schutrups Exloo (purchase of clinics/events)
Zuiderhoofdstraat
13;
Telephone
number: 0591-549093
Email
address: financieel@schutrups.nl
Chamber of
Commerce number: RSIN 816157790
VAT
identification number: 8161.57.790.B.01
( ! After purchasing a Schutrups ticket for an event or clinic, it cannot be exchanged or refunded anymore! )
If the entrepreneur's activity is subject to a relevant licensing system: the details of the supervisory authority:
If the entrepreneur is engaged in a regulated profession:
- the professional association or organization to which he
is affiliated;
- the professional title, the place in the EU or the
European Economic Area where it has been awarded;
- a reference to the professional rules applicable in the
Netherlands and indications of where and how these professional rules can be
accessed.
Article 3 – Applicability
1. These general terms and conditions apply to every offer
from the entrepreneur and to every distance contract concluded between
entrepreneur and consumer.
2. Before the distance contract is concluded, the text of
these general terms and conditions will be made available to the consumer. If
this is not reasonably possible, before the distance contract is concluded, it
will be indicated that the general terms and conditions are available for
inspection at the entrepreneur and they will be sent to the consumer free of
charge upon request as soon as possible.
3. If the distance contract is concluded electronically, in
deviation from the previous paragraph and before the distance contract is
concluded, the text of these general terms and conditions can be made available
to the consumer electronically in such a way that the consumer can easily store
it on a durable data carrier. If this is not reasonably possible, before the
distance contract is concluded, it will be indicated where the general terms
and conditions can be consulted electronically and that they will be sent to
the consumer free of charge upon request by electronic means or otherwise.
4. In the event that in addition to these general terms and
conditions, specific product or service conditions also apply, paragraphs two
and three apply mutatis mutandis, and in the event of conflicting general terms
and conditions, the consumer can always invoke the applicable provision that is
most favorable to him.
Article 4 – The offer
1. If an offer has a limited period of validity or is made
subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of
the products and/or services offered. The description is sufficiently detailed
to enable the consumer to make a proper assessment
of the offer. If the entrepreneur 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 entrepreneur.
3. Each offer contains such information that it is clear to
the consumer what rights and obligations are attached to accepting the offer.
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
corresponding conditions.
2. If the consumer has accepted the offer electronically,
the entrepreneur will immediately confirm receipt of the acceptance of the
offer electronically. As long as the receipt of this acceptance has not been
confirmed by the entrepreneur, the consumer can terminate the contract.
3. If the agreement is concluded electronically, the
entrepreneur will 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.
4. The entrepreneur may, within legal frameworks, inquire
about the consumer's ability to meet his payment obligations, as well as all
those facts and factors that are important for a responsible conclusion of the
distance contract. If, on the basis of this investigation, the entrepreneur has
good reasons not to enter into the agreement, he is entitled to refuse an order
or request, stating reasons, or to attach special conditions to the execution.
Article 6 – Right of withdrawal
When delivering products:
1. When purchasing products, the consumer has the option to
dissolve the contract without giving any reason during 14 days. This
cooling-off period commences on the day following receipt of the product by the
consumer or a representative designated in advance by the consumer and notified
to the entrepreneur.
2. During the cooling-off period, the consumer will handle
the product and packaging with care. He will only unpack or use the product to
the extent necessary to assess whether he wishes to keep the product. If he
makes use of his right of withdrawal, he will return the product with all
accessories supplied 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.
3. If the consumer wishes to make use of his right of
withdrawal, he is obliged to report this to the entrepreneur within 14 days of
receipt of the product. After the consumer has made known that he wishes to
make use of his right of withdrawal, the customer must return the product
within 14 days. The consumer must prove that the delivered goods have been
returned on time, for example by means of proof of shipment.
4. If, after the expiry of the periods specified in
paragraphs 2 and 3, the customer has not indicated that he wishes to make use
of his right of withdrawal or has not returned the product to the entrepreneur,
the purchase is a fact.
Article 7 – Costs in case of withdrawal
1. If the consumer makes use of his right of withdrawal, he
shall be responsible for, at most, the costs of return shipment.
2. If the consumer has paid an amount, the entrepreneur will
refund this amount as soon as possible, but no later than 14 days after
withdrawal. However, the condition is that the product has already been
received back by the web retailer or conclusive proof of complete return can be
submitted.
Article 8 – Exclusion of the right of withdrawal
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 for the conclusion of the contract.
1. Which have been created by the entrepreneur in accordance
with the consumer's specifications;
2. That are clearly personal in nature;
3. That cannot be returned due to their nature;
4. That can spoil or age quickly;
5. Whose price depends on fluctuations in the financial
market over which the entrepreneur has no influence;
6. For individual newspapers and magazines;
7. For audio and video recordings and computer software of
which the consumer has broken the seal.
8. For hygienic products of which the consumer has broken
the seal.
Article 9 – The price
1. During the period mentioned in the offer, the prices of
the products and/or services offered will not be increased, except for price
changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can
offer products or services whose prices are subject to fluctuations in the
financial market that the entrepreneur has no influence on, at variable prices.
This link to fluctuations and the fact that any mentioned prices are target
prices will be mentioned in the offer.
3. Price increases within 3 months after the conclusion of
the agreement are only permitted if they are the result of statutory
regulations or provisions.
4. Price increases from 3 months after the conclusion of the
agreement are only permitted if the entrepreneur has stipulated this and:
- these are the result of statutory regulations or
provisions; or
- the consumer has the authority to cancel the agreement
with effect from the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services
include VAT.
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 reliability and/or usability and the legal
provisions existing on the date of the conclusion of the agreement and/or
government regulations.
2. A guarantee provided by the entrepreneur, manufacturer or
importer does not affect the legal rights and claims that the consumer can
assert against the entrepreneur under the contract.
3. Any defects or wrongly delivered products must be
reported to the entrepreneur in writing within 4 weeks of delivery. The
products must be returned in the original packaging and in new condition.
Article 11 – Delivery and execution
1. The entrepreneur will take the greatest possible care
when receiving and implementing orders for products and when assessing
applications for the provision of services.
2. The place of delivery is the address that the consumer
has made known to the company.
3. With due observance of what is stated in article 4 of
these general terms and conditions, the company will execute accepted orders
expeditiously but no later than within 30 days, unless a longer delivery period
has been agreed. If the delivery is delayed, or if an order cannot or only
partially be executed, the consumer will be notified of this no later than 30
days after he has placed the order. In that case, the consumer has the right to
terminate the contract without costs and is entitled to any compensation.
4. In the event of dissolution in accordance with the
previous paragraph, the entrepreneur will refund the amount paid by the
consumer as soon as possible but no later than 14 days after dissolution.
5. If delivery of an ordered product proves to be
impossible, the entrepreneur will endeavor to make a replacement item
available. At the latest upon delivery, it will be stated in a clear and
understandable manner that a replacement item will be delivered. For
replacement items, the right of withdrawal cannot be excluded. The cost of any
return shipment is at the expense of the entrepreneur.
6. The risk of damage and/or loss of products rests with the
entrepreneur up to the moment of delivery to the consumer or a representative
designated in advance and announced to the entrepreneur, unless expressly
agreed otherwise.
Article 12 – Duration transactions: duration, termination,
and extension
Termination:
1. The consumer can terminate 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 with due observance of the
agreed termination rules and a notice period of a maximum of one month.
2. The consumer can terminate 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 by the end of the
fixed term with due observance of the agreed termination rules and a notice
period of up to one month.
3. The consumer can enter the agreements mentioned in the
previous paragraphs:
- cancel at any time and not be limited to cancellation at
any particular time or during a particular period;
- at least cancel in the same way as they have been entered
into by him;
- always cancel with the same notice period as the
entrepreneur has stipulated for himself.
Extension:
4. A contract that has been entered into for a definite
period and that extends to the regular delivery of products (including
electricity) or services may not be tacitly extended or renewed for a definite
period.
5. Notwithstanding the previous paragraph, a contract that
has been entered into for a definite period and that extends to the regular
delivery of daily news and weekly newspapers and magazines may tacitly be
renewed for a fixed period of up to three months if the consumer has the option
to cancel the agreement at the end of the extension period with a notice period
of up to one month.
6. A contract that has been entered into for a definite
period and that extends to the regular delivery of products or services may
only be tacitly renewed for an indefinite period if the consumer may cancel it
at any time with a notice period of up to one month. The notice period is up to
three months if the contract extends to the regular, but less than once a
month, delivery of daily, news, and weekly newspapers and magazines.
7. A contract with limited duration to the regular delivery
of trial newspapers, trial magazines (trial or introductory subscription) is
not tacitly continued and ends automatically at the end of the trial or
introductory period.
Article 13 – Payment
1. Insofar as no later date has been agreed, the amounts
owed by the consumer must be paid within 14 days after the commencement of the
cooling-off period referred to in article 6 paragraph 1. In the case of an
agreement to provide a service, this period commences after the consumer has
received confirmation of the agreement.
2. When selling products to consumers, the general terms and
conditions may never stipulate an advance payment of more than 50%. If an
advance payment has been stipulated, the consumer cannot assert any rights
regarding the execution of the order or service(s) in question before the
stipulated advance payment has been made.
3. The consumer is obliged to report immediately to the
entrepreneur any inaccuracies in payment data provided or stated.
4. If the consumer does not meet his payment obligation(s)
on time, after being informed by the entrepreneur of the late payment and the
entrepreneur has granted the consumer a 14-day period to still fulfill his
payment obligations, after failure to pay within this 14-day period, the
statutory interest is due on the amount due and the entrepreneur is entitled to
charge the extrajudicial collection costs incurred by him. These collection
costs amount to a maximum of: 15% over outstanding amounts up to €2,500; 10%
over the next €2,500 and 5% over the next €5,000 with a minimum of €40. The
entrepreneur may deviate from the amounts and percentages mentioned for the
benefit of the consumer.
Article 14 – Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints
procedure and deals with the complaint in accordance with this complaints
procedure.
2. Complaints about the performance of the contract must be
submitted to the entrepreneur fully and clearly within a reasonable time,
preferably in writing.
3. Complaints submitted to the entrepreneur will be answered
within a period of 14 days from the date of receipt. If a complaint requires a
foreseeable longer processing time, the entrepreneur will respond within the
period of 14 days with a notice of receipt and an indication when the consumer
can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement,
a dispute arises that is subject to the dispute settlement procedure.
Article 15 – Disputes
1. Contracts between the entrepreneur and the consumer to
which these general terms and conditions apply are exclusively governed by
Dutch law.
2. Disputes between the consumer and the entrepreneur about
the conclusion or performance of contracts with regard to products and services
to be delivered or delivered by this entrepreneur can be submitted by both the
consumer and the entrepreneur to the Disputes Committee Webshop, PO Box 90600,
2509 LP in The Hague (www.sgc.nl).
3. A dispute will only be dealt with by the Disputes
Committee if the consumer has first submitted his complaint to the entrepreneur
within a reasonable time.
4. If the complaint cannot be resolved by mutual agreement,
the dispute becomes subject to the dispute settlement procedure.
Article 16 – Industry guarantee
1. The entrepreneur guarantees that the products and/or
services comply with the agreement, the specifications stated in the offer, the
reasonable requirements of reliability and/or usability and the legal
provisions existing on the date of the conclusion of the agreement and/or
government regulations.
2. An industry guarantee scheme offered by the entrepreneur,
manufacturer, or importer does not affect the legal rights and claims that the
consumer can assert against the entrepreneur under the contract.
These general terms and conditions are from the Thuiswinkel Waarborg Association (The Netherlands).
