- Article 1 - Definitions
- Article 2 - BESNARD’s identity
- Article 3 - Applicability
- Article 4 - The offer
- Article 5 - The contract
- Article 6 - Right of withdrawal
- Article 7 – Consumer’s obligations during the time of reflection
- Article 8 - Exercising the Consumer’s right of withdrawal and the costs
- Article 9 - Obligations of BESNARD in case of withdrawal
- Article 10 - Preclusion from right of withdrawal
- Article 11 - The price
- Article 12 - Performance of an agreement and extra Guarantee
- Article 13 - Delivery and execution
- Article 14 - Payment
- Article 15 - Complaints procedure
- Article 16 - Disputes
The general Terms and Conditions of Sale detailed below govern the contractual relationship between the ‘User’ (hereafter also referred to as ‘You’ or the ‘Consumer’) and ‘BESNARD’ (hereafter also referred to as ‘We’ or the ‘Website’) a trade name belonging to the Westhard, a company governed by Dutch law, Dutch chamber of commerce company number 68440596, VAT number NL001153681B18. Our address is Schagchelstraat 1A, 2011 HW Haarlem, The Netherlands.
Article 1 – DefinitionsIn these Terms and Conditions, the following terms shall have the following meanings:
- Additional agreement: an agreement in which the Consumer acquires products, digital content and/or services with respect to a distance agreement and these goods, digital content and/or services are delivered by BESNARD or a third party on the basis of an arrangement between this third party and BESNARD;
- Reflection period: the period during which the Consumer may use his right of withdrawal;
- Consumer: the natural person who does not act for purposes related to his/her 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;
- Sustainable data carrier: any means, including email, that allow the Consumer or BESNARD to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible.
- Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period;
- BESNARD: the natural or legal person who provides products, (access to) digital content and or services to Consumers at a distance;
- Distance contract: a contract concluded by BESNARD and the Consumer within the scope of an organised system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;
- Standard form for withdrawal: the European standard form for withdrawal can be found here;
- Technology for distance communication: a means to be used for concluding an agreement without the Consumer and BESNARD being together in the same place at the same time.
Article 2 – BESNARD’s identity
2011 HW Haarlem
E-mail address: firstname.lastname@example.org
Chamber of Commerce number: 68440596
VAT identification number: NL001153681B18
Article 3 – Applicability
- These General Terms and Conditions apply to any offer from BESNARD and to any distance contract concluded by BESNARD and the Consumer.
- Before concluding a distance contract, BESNARD shall make the text of these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, BESNARD shall indicate in what way the General Terms and conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is concluded.
- If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long-term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that they will be sent to at the Consumer´s request free of charge, either via electronic means or otherwise, before concluding the distance contract;
- In the event that specific product or service conditions apply in addition to these General Terms and 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 him/her.
Article 4 – The offer
- If an offer is of limited duration or if certain conditions apply, it 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 suitably detailed to enable the Consumer to assess the products, or services and/or digital content adequately. If BESNARD makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer do not bind BESNARD.
- All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer. This includes, in particular:
- the price, including taxes;
- any costs of delivery;
- the way in which the contract shall be concluded and which actions this will require;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and implementation of the contract;
- the period for accepting the offer or the period for which the trader guarantees the price;
- if a contract is filed subsequent to its conclusion, and if so, the way in which this can be accessed by the consumer;
- the way in which the consumer can obtain information about the data he has provided for in the course of the contract, as well as the way he can rectify these before the contract is concluded;
- the languages in which the contract can be concluded;
- the behavioural codes to which the trader is subject and the way in which the consumer can consult these behavioural codes electronically; and
- the minimum duration of the distance contract, in the event of a contract that involves the continual or periodical supply of products or services.
Article 5 – The contract
- Subject to the provisions in paragraph 4, the contract 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, BESNARD shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.
- If the contract is concluded electronically, BESNARD will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, BESNARD shall observe appropriate security measures.
- BESNARD may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, BESNARD has sound reasons for not concluding the contract, she is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.
- Before delivering the product, BESNARD shall send the following information along with the product, the service or the digital content in writing or in such manner that the Consumer can store it in an accessible manner on a long-term data carrier:
- the visiting address of BESNARD´s business establishment where the Consumer may get into contact with any complaints;
- the conditions on which and the manner in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about his being exempted from the right of withdrawal;
- the information corresponding to existing after-sales services and guarantees;
- the price including all taxes of the product, service or digital content, where applicable the delivery costs and the way of payment, delivery or implementation of the distance contract;
- the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.
- the standard form for withdrawal if the Consumer has the right of withdrawal.
- In case of a continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawalUpon delivery of products:
- The Consumer can repudiate a purchase contract for a product without giving reasons for a period of reflection of at least 14 days. BESNARD may ask the Consumer about the reason for the withdrawal but cannot force him to state his reason(s).
- When purchasing products, a Consumer has the possibility of dissolving the contract, without giving reasons, during fourteen days. This period commences on the day after the product was received by the Consumer or a representative previous designated by the Consumer and announced to the trader, or:
- If multiple articles were ordered by the Consumer in their order: the day that the Consumer, or a representative previously designated by the Consumer, receives the last product. The trader may, provided that the trader has clearly informed the Consumer prior to completing the order, refuse an order containing multiple articles with different delivery times.
- If the delivery of the product consists of multiple pieces of articles: the day that the Consumer, or a representative previously designated by the Consumer, receives the last piece of the last article;
- In agreement with the regular delivery of goods during a specific period: the day that the Consumer, or a representative previously designated by the Consumer, receives the first product.
- During this period the Consumer will treat the product and its packaging with care. He will only unpack or use the product as far as necessary in order to be able to assess whether he wishes to retain the product. If he wishes to exercise his right of withdrawal, then he will return the product to BESNARD, with all associated components, and – in as far as this is reasonably possible – in the original state and packaging, in accordance with the reasonable and clear instructions that were provided by BESNARD.
- When services are supplied, a Consumer has the possibility of dissolving the contract, without giving reasons, during at least fourteen days, starting on the day when the contract was concluded.
- In order to make use of his right of withdrawal, the Consumer will act in accordance with the reasonable and clear instructions that BESNARD provided when the offer was made and/or at the latest upon delivery.
Article 7 – Consumer’s obligations during the time of reflection
- During this period, the Consumer shall 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 further than allowed in sub-section 1.
- The Consumer is not liable for the decrease in value of the product if the Entrepreneur has not provided him with all legal information about the right of withdrawal before concluding the Agreement.
Article 8 – Exercising the Consumer’s right of withdrawal and the costs
- If the Consumer exercises his right of withdrawal he shall notify BESNARD unambiguously with the standard form for withdrawal within the period of reflection.
- The Consumer shall return the product or deliver it to (the authorized representative of) BESNARD as soon as possible but within 14 days counting from the day following the notification referred to in sub-clause This need not be done if BESNARD offered to collect the product himself. The Consumer observed the period of returning the product in any event if the product is returned before the expiration of the period of reflection.
- 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 given by BESNARD.
- 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 BESNARD has not reported that the Consumer has to bear these costs or if BESNARD pointed out that it will bear the costs itself, the Consumer need not pay the cost of returning the product.
Article 9 – Obligations of BESNARD in case of withdrawal
- If BESNARD received a notification from the Customer, BESNARD will send a confirmation e-mail after BESNARD received the withdrawal notification from the Customer.
- The trader will promptly reimburse all costs to the Consumer, excluding any delivery costs incurred for the returned product, latest within a period of 14 days following the day that the Consumer has notified the trader of the withdrawal. Unless the trader offers to collect the product themselves, the trader may delay the refund until the product was received or the Consumer can demonstrate that they have sent the product, depending on which occurs at an earlier date.
- BESNARD will use the same payment method as the Customer to refund the money. The refund will not cost anything for the Customer.
- If the Consumer has paid a sum, BESNARD will refund this sum as quickly as possible, though at the latest within 30 days after the goods were returned or after the withdrawal.
Article 10 – Preclusion from right of withdrawal
- BESNARD can preclude the Consumer from having a right of withdrawal as far is provided for in paragraph 2 and 3 of this article. The preclusion of the right of withdrawal is only valid if BESNARD clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract.
- Products or services whose prices are subject to fluctuations in the financial market that are beyond BESNARD’s control, at variable prices that can happen during the period of withdrawal.
Article 11 - The price
- The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT rates.
- Contrary to the previous paragraph, BESNARD may offer products or services whose prices are subject to fluctuations in the financial market that are beyond BESNARD’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
- Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.
- Price increases from 3 months after concluding the contract are permitted only if BESNARD has stipulated it and
- they are the result of legal regulations or stipulations, or
- 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 – Performance of an agreement and extra Guarantee
- BESNARD 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, BESNARD also guarantees that the product is suitable for other than normal use.
- A guarantee arrangement offered by BESNARD, manufacturer or importer does not affect the legal rights and claims that a consumer, as a result of the contract, can enforce against BESNARD.
- An additional guarantee is understood as the trader, its supplier, importer or producer certifies certain rights or claims to the Consumer that are beyond what is required by law in the event that the trader has failed to fulfill their part of the agreement.
Article 13 – Delivery and execution
- BESNARD 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 BESNARD.
- With due observance of the stipulations in Article 4 of these General Terms and Conditions, BESNARD shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.
- After repudiation in conformity with the preceding paragraph, BESNARD shall return the payment made by the Consumer promptly but at least within 30 days after repudiation.
- The risk of loss and/or damage to products will be borne by BESNARD 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 – 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 period of reflection, or if there is no period of reflection within 14 days after concluding the agreement. In case of an agreement to provide a service, this period starts on the day that the Consumer 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. If an advance payment was agreed, the Consumer may not assert any right regarding the execution of the order in question or the service(s) in question before making the agreed advance payment.
- The Consumer has the duty to inform BESNARD promptly of possible 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 BESNARD has pointed out to the Consumers 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 BESNARD 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. BESNARD may deviate from the aforementioned amounts and percentages in favour of the Consumer.
Article 15 – Complaints procedure
- BESNARD 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 BESNARD within a reasonable time after the Consumer discovered the defects.
- The complaints submitted to BESNARD shall be replied within a period of 14 days after the date of receipt. Should a complaint require a foreseeable longer time for handling, BESNARD shall respond within 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.
- If the complaint cannot be solved in joint consultation within a reasonable time or within 3 months after submitting the complaint, there will be a dispute that is open to the dispute settlement rules.
Article 16 - Disputes
- Contracts between BESNARD and the Consumer to which these General Terms and Conditions apply, are exclusively governed by Dutch law.