Table of content
Artikel 1 – Definitions
Artikel 2 – Identity of the company
Artikel 3 – Applicability
Artikel 4 – The offer
Artikel 5 – The agreement
Artikel 6 – Right of withdrawal
Artikel 7 – Obligations of the consumer during the cooling-off period
Artikel 8 – Exercising the right of withdrawal by the consumer and related costs
Artikel 9 – Obligations of the company in case of withdrawal
Artikel 10 – Exclusion of the right of withdrawal
Artikel 11 – The price
Artikel 12 – Compliance and extended warranty
Artikel 13 – Delivery and performance
Artikel 14 – Continuing performance agreements: duration, termination, and extension
Artikel 15 – Payment
Artikel 16 – Complaints procedure
Artikel 17 – Disputes
Artikel 18 – Additional or deviating provisions
Artikel 1 - Definitions
In these General Terms & Conditions, the following definitions are used:
- Additional agreement: An agreement in which the Consumer acquires products, digital content, and/or services in connection with a distance agreement and these goods, digital content, and/or services are delivered by the Company or a third party on the basis of an arrangement between that third party and the Company;
- Cooling-off period: The period during which the Consumer can exercise their right of withdrawal;
- Consumer: The natural person who is not acting in their capacity related to their commercial, trade, craft, or professional activities;
- Day: calendar day;
- Digital content: data produced and delivered in digital form;
- Continuing performance contract: a contract serving to deliver goods, services, and/or digital content in a given period;
- Long-term data carrier: any means, including email, that allows the Consumer or the Company to store information directed to them personally in such a way that makes future consultation and use possible during a period aligned with the purpose for which the information is intended and which makes unaltered reproduction of the stored information possible;
- Right of withdrawal: The Consumer’s ability to cancel the distance agreement within the cooling-off period;
- Company: the natural or legal person who offers products, offers (access to) digital content and/or remote services to consumers;
- Distance agreement: an agreement closed between the Company and the Consumer in the context of an organised system for selling products, digital content, and/or services from a distance, whereby exclusive or partial use is made of one or more technologies for distance communication through the conclusion of the agreement;
- Model withdrawal form: the European model withdrawal form included in Appendix I of these general terms & conditions; Annex I does not have to be made available if the Consumer has no right of withdrawal with regard to their order;
- Technology for remote communication: A means that can be used to close an agreement without the Consumer and the Company having to come together in the same place at the same time.
Identity of the Company
Company name: The GhaZoo Company B.V.
Trading under the name(s): GhaZoo
Kraanspoor501033 SE Amsterdam
Telephone number: 085 0656 805
From Monday to Saturday from 9:00 am to 5:00 pm
Email address: email@example.com
Chamber of Commerce number:69370125
VAT number: NL8578.49.116.B01
Article 3 - Applicability
- These General Terms & Conditions apply to any offer from the Company and to any distance contract concluded between the Company and a consumer.
- Before concluding a distance agreement, the text of these General Terms & Conditions will be made available to the Consumer free of charge. If this is not reasonably possible, the Company shall indicate, before the distance agreement is concluded, in what way the General Terms & Conditions can be inspected and that they will be sent free of charge as soon as possible at the Consumer’s request.
- If the distance agreement is concluded electronically, then in derogation of the previous paragraph and before the distance agreement is concluded, the text of these General Terms & Conditions may also be provided to the Consumer electronically, in such a manner that the Consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated, before the distance agreement is concluded, how the General Terms & Conditions can be inspected electronically and that they will be sent free of charge at the Consumer’s request, electronically or in another manner.
- In the event that specific product or service conditions apply in addition to these General Terms & Conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the Consumer may always appeal to the applicable provision that is most favourable to them.
Article 4 - The offer
- If an offer is of limited validity or is subject to terms and conditions, these shall be explicitly stated in the offer.
- The offer contains a full and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to allow the Consumer to make a good assessment. If the Company makes use of pictures, they must be truthful images of the products, services, and/or digital content offered. Obvious errors or mistakes in the offer shall not be binding for the Company.
- All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.
Article 5 - The agreement
- Subject to the provisions in paragraph 4, the agreement becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
- If the Consumer accepted the offer via electronic means, the Company shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of this acceptance is not confirmed by the Compant, the Consumer may dissolve the agreement.
- If the agreement is concluded electronically, the Company will take appropriate technical and organisational security measures for the electronic data transfer, ensuring a safe web environment. If the Consumer can pay electronically, the Company shall adopt appropriate security measures to this end.
- The Company may, within the limits of the law, ascertain whether the Consumer is able to meet their payment obligations, as well as inform themselves of all those facts and factors that are important for the sound conclusion of the distance agreement. If, based on this investigation, the Company has good grounds not to conclude the agreement, then the Company is entitled to refuse an order or request, stating the reasons for doing so, or to attach special conditions to the implementation of the agreement.
- At the latest upon delivery of the product, service, or digital content to the Consumer, the Company will send the following information, 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 establishment of the Company where the Consumer can go with complaints;
b. the conditions under which and the manner in which the Consumer can invoke their right of withdrawal or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about guarantees and existing after-sales service;
d. the price including all taxes of the product, service, or digital content; to the extent applicable, the costs of delivery; and the method of payment, delivery, or performance of the distance agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
f. if the Consumer has a right of withdrawal, the model withdrawal form.
- In the case of a continuing performance agreement, the stipulation in the previous paragraph only applies to the first delivery.
Article 6 - Right of withdrawal
- The Consumer can cancel a purchase contract for a product without giving reasons during a cooling-ff period of at least 14 days. The Company may ask the Consumer about the reason for the withdrawal but cannot force them to state their reason(s).
- The cooling-off period referred to in paragraph 1 starts on the day after the Consumer, or a third party designated by the Consumer in advance, who is not the carrier, has received the product, or:
if the Consumer has ordered several products in the same order: the day on which the Consumer, or a third party designated by them, has received the last product. The Company may, provided it has informed the consumer in a clear manner prior to the ordering process, refuse an order for multiple products with different delivery times;
b. if the delivery of a product consists of several shipments or parts: the day on which the Consumer, or a third party designated by them, has received the last shipment or the last part;
c. with contracts for the regular delivery of products during a certain period: the day on which the Consumer, or a third party designated by them, has received the first product.
In case of services and digital content that is not delivered on a physical carrier:
- The Consumer can cancel an agreement for services or an agreement for delivery of digital content that is not delivered on a physical carrier without giving reasons during at least 14 days. The Company may ask the Consumer about the reason for the withdrawal but cannot force them to state their reason(s).
- The cooling-off period referred to in Article 3 starts on the day following the conclusion of the agreement.
Extended cooling-off period for products, services, and digital content that has not been delivered on a physical carrier in case no information is given about the right of withdrawal:
- If the Company has not provided the Consumer with the legally required information about the right of withdrawal or has not provided the standard form for withdrawal, the cooling-off period expires twelve months after the end of the original cooling-off period in accordance with the reflection period determined in the previous sub-clauses of this Article.
- If the Company provided the Consumer with the information referred to in the previous article within twelve months after the starting day of the original period of reflection, the period of reflection expires 14 days after the day on which the Consumer received the information.
Article 7 - Obligations of the consumer during the cooling-off period
- During the cooling-off period, the Consumer should handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics, and the effect of the product. The guiding principle is that the Consumer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.
- The Consumer is only liable for the decrease in value of the product that is caused by the way of handling the product which went beyond what was allowed in Article 1.
- The Consumer is not liable for the decrease in value of the product if the Company has not provided them with all legal information about the right of withdrawal before concluding the Agreement.
Article 8 - Exercising the right of withdrawal by the consumer and related costs
- If the Consumer exercises their right of withdrawal they shall notify the Company unambiguously with the standard form for withdrawal within the cooling-off period.
- The Consumer shall return the product or deliver it to (the authorised representative of) the Company as soon as possible but within 14 days counting from the day following the notification referred to in sub-clause 1. This need not be done if the Company offered to collect the product themselves. The Consumer will in any event have observed the period for returning the product if the product is returned before the expiration of the cooling-off period.
- The Consumer shall return the product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with reasonable and clear instructions provided by the Company.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Consumer.
- The Consumer shall bear the direct costs of returning the product. If the Company has not reported that the Consumer has to bear these costs or if the Consumer pointed out that they will bear the costs themselves, the Consumer need not pay the cost of returning the product.
- If the Consumer withdraws after having first explicitly requested that the performance of a services or delivery of products not made ready for sale in a limited volume or qualtity during the cooling-off, the Consumer shall pay the Company an amount that is equal to the part of the obligation already performed at the time of withdrawal as compared with the full compliance of the obligation.
- The Consumer bears no costs for the performance of services or delivery of products that have not been made ready for sale in a limited volume or quantity if:
the Company has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model form for withdrawal, or;
b. the Consumer has not expressly requested the commencement of the performance of the service or the delivery of products during the cooling-off period.
- The Consumer bears no costs for the full or partial delivery of digital content not supplied on a material carrier, if:
prior to the delivery thereof, they have not expressly agreed to commence fulfillment of the agreement before the end of the cooling-off period;
b. they have not acknowledged waiving their right of withdrawal when granting their consent; or
c. the Company has failed to confirm this statement from the Consumer.
- If the Consumer exercises their right of withdrawal, all additional agreements end by operation of law.
Article 9 - Obligations of the Company in the case of withdrawal
- If the Company makes the notification of withdrawal by electronic means possible, they shall promptly send a return receipt.
- The Company shall reimburse all payments made by the Consumer, including any delivery costs that the Consumer may charge for the returned product, as soon as possible but within 14 days following the day on which the Consumer notified them of the withdrawal. Unless the Company offers to collect the product themselves, they are entitled to wait with reimbursing the costs until having received the product or until the Consumer proved that they returned the product, whichever occurs first.
- The Company shall make use of the same payment method that the Consumer used, unless the Consumer consents to another method. The reimbursement is free of charge for the Consumer.
- If the Consumer opted for a more expensive method of delivery instead of the cheapest standard delivery, the Company need not reimburse the additional costs for the more expensive method.
Article 10 - Exclusion of the right of withdrawal
The Company may exclude the following products and services from the right of withdrawal but only if the Company has clearly notified the Consumer of this when making the offer or at any rate in good time before concluding the agreement:
- Products or services with a price that is subject to fluctuations in the financial market on which the Company has no influence and which may occur within the period of withdrawal.
- Agreements that are concluded during a public auction. A public auction is defined as a selling method whereby the Company offers products, digital content, and/or services to the Consumer who is personally present or has the option to be personally present at the auction under the direction of an auctioneer and whereby the successful bidder is obliged to purchase the products, the digital content and/or the services;
- Service agreements, after full performance of the service, but only if:
the performance has started with the express prior consent of the consumer; and
b. the Consumer has declared that they will waive their right of withdrawal as soon as the Company has fully performed the agreement;
- Package travel as referred to in Section 7:500 of the Dutch Civil Code and passenger transport agreements;
- Services agreements for making accommodation available when a certain period of implementation is provided and other than for residential purposes, goods transports, car rental services, and catering;
- Agreements related to leisure activities when a certain date or period of performance is arranged in the agreement;
- Products manufactured in accordance with the Consumer’s specifications which are not prefabricated and which are produced on the basis of a Consumer’s individual choice or decision or which are intended for a specific person;
- Perishable products or products with a limited durability;
- Sealed products which for health or hygiene reasons are unsuitable for being returned and of which the seal was broken;
- Products which by their nature are irreversibly mixed with other products;
- Alcoholic drinks of which the price has been agreed upon at the conclusion of the agreement but of which the delivery can take place only after 30 days, and whose real value depends on fluctuations in the market which the Company cannot affect;
- Sealed audio and video recordings and computer programs of which the seals were broken after delivery;
- Newspapers, periodicals or magazines, with the exception of subscriptions to them;
- The delivery of digital content other than on a tangible medium, but only if:
the performance has started with the express prior consent of the consumer; and
b. the Consumer has declared that they waive their right of withdrawal.
Article 11 - The price
- During the period of validity stated in the offer, the prices for the products and/or services shall not be raised, except for price changes due to changes in VAT rates.
- Contrary to the previous paragraph, the Company may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Company’s control, at variable prices. This connection to fluctuations, and the fact that any prices given are recommended prices, shall be stated in the offer.
- Price increases within 3 months after concluding the agreement are permitted only if they are the result of new legislation.
- Price increases from 3 months after concluding the contract are permitted only if the Company has stipulated it and:
they are the result of legal regulations or stipulations; or
b. the Consumer has the authority to cancel the contract before the day on which the price increase starts.
- All prices indicated in the provision of products or services are including VAT.
Article 12 - Compliance with the agreement and extended warranty
- The Company guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability, and with the existing statutory provisions and/or government regulations on the day the contract was concluded. If agreed, the Company also guarantees that the product is suitable for use other than normal use.
- An extended warranty offered by the Company, its Supplier, Manufacturer or Importer shall never affect the rights and claims the Consumer may exercise against the Company about a failure in the fulfilment of the Company’s obligations if the Company has failed in the fulfilment of its part of the agreement.
- ‘Extended warranty’ is taken to mean each obligation by the Company, its Supplier, Importer, or Manufacturer within which it assigns certain rights or claims to the Consumer that go beyond what is legally required in case it fails in complying with its part of the agreement.
Article 13 - Delivery and execution
- The Company shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.
- The place of delivery is at the address given by the Consumer to the Company.
- With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Company shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period was agreed on. If the delivery is delayed, or if an order cannot be filled or can only be partially filled, the Consumer shall be informed about this no later than 30 days after having placed the order. In such cases, the Consumer is entitled to cancel the contract free of charge and with the right to any compensation.
- After cancellation in conformity with the preceding Article, the Company shall return the payment made by the Consumer promptly.
- The risk of loss and/or damage to products will be borne by the Company until the time of delivery to the Consumer or a representative appointed in advance and made known to the Consumer unless explicitly agreed otherwise.
Article 14 - Continuing performance agreements: duration, termination, and extension
- The Consumer may at all times terminate a contract that was concluded for an indefinite time and which extends to the regular delivery of products (including electricity) or services, with due observance of the termination rules and subject to not more than one month’s notice.
- The Consumer may at all times terminate a contract that was concluded for a specific time and which extends to the regular delivery of products (including electricity) or services at the end of the specific period, with due observance of the termination rules and a subject to not more than one month’s notice.
- With regard to the agreements referred to in the previous paragraphs, the Consumer is entitled to:
cancel at any time and cannot be limited to cancellation at a specific time or in a specific period;
b. at least cancel the agreement in the same way as they entered into it;
c. cancel at any time with the same notice period as the Company has stipulated for it.
- An agreement concluded for a definite period that extends to the regular delivery of products or services may not be automatically extended or renewed for a fixed period.
- Notwithstanding the preceding paragraph, a contract for a definite period that extends to the regular delivery of dailies, newspapers, weekly newspapers and magazines, may tacitly be renewed for a specific period of three months at the most if the Consumer can terminate this extended agreement towards the end of the extension with a notice period of one month at the most.
- An agreement concluded for a definite period and which extends to the regular delivery of products or services may only be extended tacitly for an indefinite period if the Consumer can cancel it at any time with a notice period of one month. The notice period is no more than three months in the event of the agreement extending to frequent delivery, but less than once a month, of delivery of daily, news, and weekly newspapers and magazines.
- A fixed-term agreement for regular delivery of trial dailies, newspapers, weeklies, and magazines (trial or introductory subscription) is not renewed tacitly and ends automatically after the trial or introductory period.
- If the duration of a contract is more than one year, the Consumer may terminate the contract at any time after one year with a notice of not more than one month, unless the termination before the end of the agreed term is prevented in the light of reasonableness and fairness.
Article 15 - Payment
- Unless otherwise stipulated in the agreement or in the additional conditions, the amounts to be paid by the Consumer must be settled within 14 days after the cooling-off period, or if there is no period of reflection within 14 days after concluding the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
- When selling products to Consumers, it is not permitted to negotiate an advance payment of more than 50% in the General Terms and Conditions. Where advance payment is stipulated, the consumer cannot invoke any rights whatsoever in relation to the implementation of the order or relevant service(s) before the stipulated advance payment has been made.
- The Consumer has the duty to inform the Consumer promptly of any inaccuracies in the payment details that were given or specified.
- In case the Consumer has not complied with his payment obligation(s) in time, and the Consumer has pointed out to them that the payment was late and allowed the Consumer a period of 14 days to comply with the payment obligations, the Consumer is to pay the statutory interest on the amount payable and the Company is entitled to charge the Consumer with any extrajudicial collection costs. These extrajudicial collection costs amount to no more than 15% for outstanding amounts up to € 2,500, 10% for the following € 2,500 and 5% for the following € 5000, with a minimum of € 40. The Company may deviate from the aforementioned amounts and percentages in favour of the Consumer.
Article 16 - Complaints procedure
- The Company shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure.
- Complaints about the performance of the contract shall be submitted fully and clearly described to the Company within a reasonable time after the Consumer discovered the defects.
- The complaints submitted to the Company shall be replied within a period of 14 days after the date of receipt. If a complaint requires a foreseeably longer time to handle, the Company shall respond within the period of 14 days with a confirmation of receipt and an indication of when the Consumer can expect to receive a more detailed response.
- The Consumer must give the Company at least 4 weeks to resolve the complaint in mutual consultation. After this term, a dispute arises that is subject to the dispute settlement procedure.
Article 17 - Disputes
- Contracts between the Company and the Consumer to which these General Terms & Conditions apply are exclusively governed by Dutch law.
Article 18 - Additional or deviating provisions
Additional provisions of and/or deviations from these General Terms & Conditions may not be to the Consumer’s detriment and must be put in writing or recorded in such a way that the Consumer can store them in an accessible manner on a long-term data carrier.
Appendix I: Withdrawal Form
(To be completed and returned when you want to cancel the agreement)
- To: The GhaZoo Company B.V.
Kraanspoor 50, 1033 SE Amsterdam
- I/We* hereby give notice that I/we* revoke our agreement concerning the sale of the following products:
- Ordered on*/received on* [date of ordering the services or receiving products]*
- [Consumer(s) name(s)]
- [Consumer(s) address]
- [Consumer(s) signature] (only when this form is submitted on paper)
* Delete and/or complete where appropriate.