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¤ Table of contents:
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 – Obligations of the consumer during the cooling-off period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the entrepreneur in the event of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Compliance and additional guarantee
Article 13 – Delivery and execution
Article 14 – Duration transactions: duration, termination and extension
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Industry guarantee
Article 19 – Additional or deviating provisions
¤ Article 1 – Definitions
- Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
- Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Duration agreement: an agreement that provides for the regular delivery of goods, services and/or digital content during a certain period;
Durable data carrier: any tool – including e-mail – that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation or use for a period that is tailored to the purpose for which the information is intended, and that allows unchanged reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services remotely to consumers; Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement, exclusive or additional use is made of one or more techniques for distance communication;
Model withdrawal form: the European model withdrawal form that the entrepreneur makes available and that a consumer can fill in when he wants to exercise his right of withdrawal.
Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.
¤ Article 2 – Identity of the entrepreneur
- Entrepreneur Name: Futurestyle.nl (part of Pigey B.V.)
Contact Address: Zinkstraat 24 A1658, 4823AD Breda, Netherlands
Email Address: [email protected]
Chamber of Commerce Number: 70898545
VAT Number: NL858502689B01
¤ Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer. 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, the entrepreneur will indicate before the distance contract is concluded in what way the general terms and conditions can be consulted with the entrepreneur and that they will be sent free of charge to the consumer as soon as possible at the consumer’s request.
¤ Article 4 – The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
¤ Article 5 – The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
¤ Article 6 – Right of withdrawal
The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of 14 days without giving reasons. The reflection period commences on the day after receipt of the product by the consumer or a third party designated in advance by the consumer.
¤ Article 7 – Obligations of the consumer during the cooling-off period
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 determine the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
¤ Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
If the consumer exercises his right of withdrawal, he reports this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner to the entrepreneur. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
¤ Article 9 – Obligations of the entrepreneur in case of withdrawal
If the entrepreneur makes it possible for the consumer to notify the withdrawal electronically, he will immediately send a confirmation of receipt after receiving this notification. The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with reimbursement until he has received the product or until the consumer proves that he has returned the product, whichever is the earlier.
¤ Article 10 – Exclusion of the right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement: products that spoil quickly or have a limited shelf life; sealed products which for reasons of health protection or hygiene are not suitable for return and of which the seal has been broken after delivery; products which by their nature are irreversibly mixed with other products after delivery; sealed audio, video recordings and computer software, of which the seal has been broken after delivery.
¤ Article 11 – The price
During the period of validity stated in the offer, the prices of the products and services offered will not be increased, except for price changes due to changes in VAT rates.
¤ Article 12 – Compliance and additional warranty
The entrepreneur guarantees that the products and services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
¤ Article 13 – Delivery and execution
The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services. The place of delivery is the address that the consumer has made known to the entrepreneur.
¤ Article 14 – Duration transactions: duration, termination and extension
An agreement entered into for a definite period and which extends to the regular delivery of products or services, can be terminated by the consumer at any time at the end of the fixed term, taking into account the agreed termination rules and a notice period of no more than one month. Extension can only take place with the express consent of the consumer and contains a notice period of no more than one month.
¤ Article 15 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period. When selling products to consumers, a down payment of more than 50% may never be required. The consumer has the duty to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.
¤ Article 16 – Complaints procedure
Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects. 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 confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
¤ Article 17 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are subject to Dutch law. Disputes between the consumer and the entrepreneur regarding the conclusion or performance of agreements relating to products and services to be supplied or supplied by this entrepreneur can, subject to the provisions below, be submitted to the competent court in the Netherlands.
¤ Article 18 – Additional or deviating provisions
Additional or deviating provisions from these conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
¤ Article 19 – Amendment of the General Terms and Conditions
Changes to these terms and conditions will only be effective after they have been published in an appropriate manner. Changes during the term of an offer will not have a negative effect on agreements already concluded and will be communicated to consumers in a clear and comprehensible manner. The most favourable provision for the consumer will prevail in the event of changes that may affect existing agreements.
