Our terms and conditions
ARTICLE 1 – Definitions
1. In these terms and conditions: The entrepreneur: Zazuhome. Chamber of Commerce number: 58108394, VAT number: NL852877547B01, who enters into or wishes to enter into an agreement with the customer; The buyer: the buyer/client or the person who enters into or wants to enter into an agreement with the entrepreneur; The business customer: the customer who acts in the exercise of a profession or business; The consumer: the customer who does not act in the exercise of a profession or business; Delivery: the actual presentation of the purchased products and/or semi-finished products to the customer; Delivery: making the products and/or work ready for use, as agreed; Agreement concluded at a distance: the agreement with a consumer whereby, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication, as referred to in Article 6:230g paragraph 1e of the Dutch Civil Code, such as a web shop or mail order ; Agreement concluded outside the sales area: an agreement that is concluded with a consumer other than in the sales area of the entrepreneur, as referred to in article 6:230g paragraph 1f of the Dutch Civil Code, such as, for example, at consumers' homes, at trade fairs or on the street;
Floor: subfloor and/or intermediate floor and/or floor covering material; Subfloor: the existing substrate on which the work is to be performed; Intermediate floor: the material that is applied between the subfloor and the floor covering material, not being repair material of the subfloor.
2. If the agreement, offer, delivery or performance also relates to connection, installation, assembly and other work, then the following is understood to mean: Connection: the connection of all supply and discharge pipes and wiring to existing and correctly installed connection points ; Installation: the installation of all supply and discharge pipes, wiring and connection points, necessary for the correct installation of the product; Assembling (installing): assembling and setting up the product or parts thereof; Other work: demolition and renovation work, leveling floors and walls and processing tiles;
ARTICLE 2 – Intellectual Property
1. The entrepreneur reserves the intellectual property to, among other things, designs, images, drawings, samples, samples and models provided. If the entrepreneur asks, the customer must return them immediately. If the entrepreneur also has other legal rights, he can claim these.
2. The customer may not remove or change any indications regarding intellectual property rights on/in the performances delivered or made available by the entrepreneur.
3. The buyer may not reproduce, publish, exploit or exhibit material belonging to the entrepreneur on which intellectual property rights are based without the permission of the entrepreneur.
ARTICLE 3 – The offer
1. All quotations are valid up to and including 21 days after the quotation date, unless the quotation shows otherwise. They are based on the data, drawings and measurements derived from the customer and any measurements taken by the entrepreneur. In doing so, the customer must inform the entrepreneur about facts and/or circumstances that may influence the execution of the agreement, insofar as they are relevant to the making of the offer (see also Article 7). In the case of floors, the entrepreneur uses the largest length and width measurements when measuring the surfaces, taking into account the packaging units that must be ordered from suppliers (running meters of carpet, packages of laminate, full-length skirting boards, etc.). Designs, images, drawings, statements of measures and weights and samples and models from the entrepreneur are as accurate as possible.
2. The quotation states a complete description of the products to be delivered and the work to be performed, the total (purchase) price, the delivery time, the payment conditions and the risks for both parties. The entrepreneur points out to the customer in the quotation that the customer must be careful with articles, materials and tools of the entrepreneur that are at work, in addition to the legal liability of the customer. When ordering 'on call', the quotation contains an explanation about this and information about the delivery time after call, as referred to in Article 6 paragraph 6. The quotation indicates the price of the materials and the way in which the price for the work to be performed is calculated. . There are two ways: contract price or directing. a. in the contract price, the parties agree on a fixed amount for which the work will be carried out; b. in the case of control, the entrepreneur accurately states what determines the price (eg hourly rate and prices of the required materials). At the request of the customer, the entrepreneur can give a target price, which is an estimate of the total costs. The quotation states if there are additional costs such as freight, delivery, payment or postage costs.
3. The activities that are not mentioned in the quotation are not covered by the agreed price. If the customer does require this, this can have a price-increasing effect (see also Article 12).
4. The customer must ensure that the entrepreneur can perform the work properly. If the customer has specific obligations, the entrepreneur will point this out in the offer. For example, remember that the installation points, the pipes and the drain pipes are present in accordance with the drawing of the entrepreneur (see art. 7 paragraphs 3 and 4).
5. If the customer does not accept the quotation, the entrepreneur may charge the costs of preparing the quotation. This is only allowed if the customer has been demonstrably made aware of the (amount of the) costs when or before requesting the quotation. The customer becomes the owner of the quotation and any drawings upon payment of the quotation costs. The intellectual property remains with the entrepreneur.
ARTICLE 4 – The agreement (for off-premises or distance agreements: see Article 17)
The payment
1. The entrepreneur may request a down payment when entering into an agreement with a consumer. No maximum percentages apply for a business customer (non-consumer). For a consumer, the amount of the maximum percentage depends on the product.
2. The maximum down payment for consumers is 25%, except for the following products for which 15% is the maximum: a. kitchens/bathrooms/sanitary articles and/or parts thereof, and/or related work; b. parquet, floor boards of solid wood, marmoleum, staircase renovation, natural stone, gravel, (gravel) tile, cast, concrete, concrete look, cork and laminate floors and/or work to be performed in connection with these products.
Price change
3. Price increases can be passed on to business customers.
4. For price increases at consumers, occurring after the conclusion of the agreement but before delivery, the following applies:
• Price increases due to VAT increases and other legal measures can always be passed on.
• Other price increases within 3 months after the conclusion of the agreement may not be passed on.
• Other price increases after 3 months after the conclusion of the agreement may only be passed on if this has been agreed. The entrepreneur also states why a price increase can be implemented and whether or not the consumer can then dissolve free of charge.
5. Price reductions after the conclusion of the agreement due to, for example, clearance sales, closing sales, promotions or discounts on showroom models, do not entitle the customer to a price reduction.
Retention of title
6. The entrepreneur remains the owner of the sold products until the buyer has paid the price (and any additional costs) in full. The customer is obliged to handle the products carefully. He may not hand over the products to third parties or pledge them, lend them or have them removed from the space where they were delivered until the amount due has been paid.
7. The entrepreneur may, without notice of default, dissolve the agreement in whole or in part extrajudicially in the event of bankruptcy, suspension of payments or statutory debt restructuring of the customer.
Security for business customers
8. In an agreement with a business customer, the entrepreneur may request sufficient security for the fulfillment of the payment obligation before executing or continuing the agreement.
Compensation for business customers
9. The entrepreneur never has to pay compensation to a business customer other than that expressly provided for in these terms and conditions. He is not obliged to compensate other direct or indirect damage, including damage caused by third parties, loss of profit and the like.
Call-out charges
10. The entrepreneur may charge call-out costs if this was agreed upon when the agreement was concluded. If transport is not included in the agreement, the entrepreneur may always charge call-out costs, except in the event of non-conformity.
ARTICLE 5 – Delivery time and delivery
1. The delivery time is the agreed time within which the work must be performed or the products must be delivered. The delivery time is fixed unless an expected delivery time is stated in the agreement. If no delivery time has been agreed, a fixed delivery time of 30 days applies to a consumer purchase.
2. If the probable delivery time is not met, the entrepreneur is granted an extra period to still deliver. The extra term is a maximum of one month, but never longer than the original delivery time. Any price increases within this period may not be passed on.
3. If the extra term is exceeded, the customer may dissolve the agreement and/or request compensation without notice of default or judicial intervention.
4. If the presumed or fixed delivery time is exceeded, the entrepreneur is not liable for any form of consequential damage in an agreement with a business customer.
5. In the case of an agreement with a consumer, the entrepreneur must compensate the damage that is related to the exceeding and that can be attributed to him, partly in view of the nature of the liability and the nature of the damage.
6. If it has been agreed that after the consumer has been notified, the entrepreneur will place an order (order on demand), then the agreed fixed or probable delivery time will run from the call date. Call-off must take place within nine months after the conclusion of the agreement, unless otherwise agreed. If no call-off takes place within that period, the entrepreneur will remind the customer in writing and give him a maximum of three months to call off. After this period, the agreement is considered canceled and Article 12 applies.
7. In case of delivery, Zazuhome delivers the products up to the first threshold of the ground floor of the delivery address, unless expressly agreed otherwise. If the products are brought in and/or placed there at the request of the purchaser, or are removed from the packaging at the request of the purchaser, this shall be at the purchaser's own risk. Zazuhome is, unless expressly agreed in advance, never obliged to cooperate with such a request. If Zazuhome brings the products inside, the buyer must guarantee that the door(s), staircase(s) and/or elevator are suitable for this and that the access roads are free of obstacles, including with regard to the hanging from walls. objects, such as paintings, lamps and cabinets. Furthermore, the buyer is entirely responsible for protecting parquet, laminate or other floor coverings with plastic or cardboard, insofar as necessary, against damage that may occur when the products are moved and placed. Zazuhome is never liable for damage of any kind, caused by Zazuhome bringing in and/or placing the products.
8. In case of delivery, the products, including packaging, must be able to be brought in in a normal manner, failing which the consequences are at the risk of the buyer. It is the buyer's responsibility to assess before or at the time of ordering whether the products can be brought to the desired space. If special aids are required for this, the costs thereof will be borne by the buyer.
9. In case of delivery, the buyer must check the number of packages upon delivery of the products and check the products for visible damage. If there is a known shortcoming on the part of Zazuhome at the time of delivery, the buyer must make a note of this on the waybill.
ARTICLE 6 – Rights and obligations of the entrepreneur
1. The entrepreneur delivers the products properly, properly and as agreed in the agreement. The work is carried out properly, properly and as agreed.
2. The entrepreneur adheres to the legal regulations applicable at that time when delivering products and performing work.
3. The entrepreneur points out to the customer in good time before concluding the agreement that the customer ensures the suitability of the place where the work must be performed, such as, for example, that the architectural and/or installation regulations have been met. If the entrepreneur does not point this out (in time), he must compensate the direct damage and costs suffered by the consumer and he himself bears any own damage.
4. The entrepreneur also points out to the customer:
• inaccuracies in the assignment or assigned activities, eg working on an unsound surface;
• the defect or unsuitability of certain items, eg materials or aids made available by the consumer; This only applies if the entrepreneur knows or should reasonably know them. If the entrepreneur does not do this, he is liable for the damage, unless the damage is not attributable to him.
5. The entrepreneur, if he has been informed by the customer (see article 7 paragraph 5), provides the information that may be expected of him insofar as his expertise extends about the necessity of using special aids such as a lift or a crane. The parties agree at whose expense and risk the use of the special aids will be.
6. The entrepreneur regularly continues the work after the start.
7. The entrepreneur ensures that the work is performed by persons who are expert for that work.
8. If the work is delayed due to circumstances at the risk of the consumer, the delivery period will be extended.
9. If the customer has wishes for sound insulation of a floor (for example in apartments), the entrepreneur will ask the customer for a statement containing the measured value of the subfloor and screed. If the customer does not do this or if it is not available, the entrepreneur will warn the customer about possible less sound-insulating after delivery. The entrepreneur ensures that he can demonstrate that the delivered products have the intended soundproofing effect, for example by submitting product information from the supplier of the mezzanine floor.
ARTICLE 7 – Rights and obligations of the customer
1. The customer ensures that the entrepreneur can deliver the products and carry out the work.
2. The customer ensures that the entrepreneur has the necessary approvals (permits, etc.) for the work and the information important for the work (eg the location of pipes) in good time.
3. The customer ensures that the place where work is carried out is suitable for this, such as that:
• the room can be properly closed off;
• the architectural and/or installation regulations have been complied with;
• there is electricity, heating, running water and sufficient ventilation. If the customer does not take care of this, he must compensate the demonstrable direct damage and reasonable costs suffered by the entrepreneur and he bears any damage of his own.
4. The customer bears the risk of damage caused by:
• inaccuracies in the assigned work;
• inaccuracies in the constructions and working methods required by the customer;
• defects in the movable or immovable property on which the work is being done;
• defects in materials or aids made available by the customer.
5. The customer informs the entrepreneur about special circumstances that, for example, require the use of a lift or a crane. The parties agree who bears the costs and the risk of using the special aids. If the customer has not provided this information, the costs of using special aids are for his account.
6. The customer ensures that work and/or deliveries to be carried out by third parties take place on time and properly, so that the execution of the work is not delayed. If a delay does occur, the customer will notify the entrepreneur in good time.
7. The customer ensures that no other work is performed in the space where the work is or has taken place that could cause damage to the work of the entrepreneur.
8. The customer ensures that the place of delivery is easily accessible and available on time and that everything possible is done to enable a smooth delivery/delivery.
9. If the start or progress of the work is delayed by circumstances as referred to in this article, the customer must compensate the entrepreneur for the damage suffered as a result, if these circumstances can be attributed to the customer.
10. The customer takes good care of the articles, materials and tools of the entrepreneur that are located at the location of the work.
11. The customer who, against the explicit advice of the entrepreneur, nevertheless wants the entrepreneur to carry out certain activities, is himself liable for the damage caused by this.
12. The customer cannot oblige the entrepreneur to perform work that is contrary to working conditions regulations.
ARTICLE 8 – Storage of products
1. If the products are offered on the agreed delivery date but are not accepted, unless the products are defective, the entrepreneur will make a second delivery within a reasonable period of time. After refusal or after second delivery, the entrepreneur may charge storage costs and further demonstrable damage and reasonable costs.
2. If the second delivery is also not accepted, the entrepreneur may:
a. demand compliance with the agreement and charge storage costs and further demonstrable damage and reasonable costs or;
b. keep the products in storage for another 30 days under calculation of storage costs for the customer. If the products to be delivered have not yet been purchased by the customer after the situation referred to in a or b, the entrepreneur may consider the agreement as canceled in accordance with the regulation in Article 11. In addition to cancellation costs, the entrepreneur may also charge the storage costs for 30 days.
3. If the products have been paid for by the customer, the entrepreneur will keep the products in storage for a maximum of 3 months, under calculation of reasonable internal or external storage costs. In doing so, the entrepreneur takes into account the sales value of the products and the duration of the storage period, unless other agreements have been made about this.
4. If the customer still does not take delivery after 3 months, the agreement will be considered canceled and the entrepreneur may, in addition to the cancellation fee referred to in Article 11, charge reasonable internal or external storage costs. He must inform the customer in writing that he intends to do so.
5. The risk of fire and damage during storage is covered by insurance by the entrepreneur in the event of a consumer purchase.
ARTICLE 9 – Transport and damage on delivery
1. The transport of the products is included in the price, except for take-away items or if something else has been agreed. The entrepreneur bears the risk of damage and loss during transport. If the products are delivered by a professional carrier, the entrepreneur will provide good insurance.
2. If damage is found upon delivery, the customer must state this on the delivery note. If there is no opportunity upon delivery to establish any damage, the customer will note this on the delivery note. It is advisable to report visible damage to the entrepreneur within 2 working days at the latest.
3. If the customer arranges the transport himself, he must check as much as possible after delivery whether the products are undamaged and complete before the transport.
ARTICLE 10 – The payment Buy and sell
1. The general payment condition is payment on delivery (cash or debit card payment), even if contracting of work is included in the agreement. The customer may also ensure that the amount has already been credited to the entrepreneur's bank account before delivery.
2. It is allowed to agree on a different payment condition, but it is prohibited by law to offer a consumer only payment in advance of the (residual) purchase price as a payment condition.
3. The entrepreneur who delivers in parts may request payment for the part delivered with each partial delivery. The customer receives a partial invoice for each partial delivery.
Acceptance of work
4. If work is exclusively accepted, the parties will agree in writing that payment will be made in installments proportional to the progress of the work and the delivery of materials. The maximum down payment percentages are taken into account (see article 4 paragraph 2). If no specific agreements are made about this, the following applies as payment condition:
• when issuing the command 25% resp. 15% of the agreed sum depending on the maximum down payment percentage of Article 4 paragraph 2.
• after the materials have been supplied 35% resp. 45%
• immediately after delivery 30% and
• the remaining 10% within 14 days of delivery. The customer always receives a partial invoice for this.
Payment term invoices
5. Payment of an invoice or partial invoice takes place no later than 14 days after receipt, unless otherwise agreed.
Late payment
6. If the customer does not pay on time, he is in default according to the law without notice of default. Nevertheless, after expiry of the payment term, the entrepreneur sends a payment reminder in which he informs the customer of his default. The entrepreneur gives him the opportunity to pay within 14 days after receipt of the payment reminder and points out the consequences if he does not do this.
7. After this further term, the entrepreneur may collect the amount owed without further notice of default. The associated (collection) costs are for the account of the customer. Those costs are limited to a maximum of the percentage of the principal allowed by law.
8. The entrepreneur may charge consumers statutory interest if payment has still not been made after the term of paragraph 6. The interest may be calculated from the term referred to in paragraph 5 until everything has been paid. For a business customer, the entrepreneur may charge statutory commercial interest after the term referred to in paragraph 5.
Suspend payment obligation
9. In the event of complaints, the customer may only withhold that part of the invoice that is in proportion to the content and seriousness of the complaint. The entrepreneur may not collect this part of his invoice if there are justified complaints. The other part of the purchase/contract price must be paid by the customer within the payment term.
10. If payment in installments has been agreed upon only accepting work and the entrepreneur does not continue the work, the customer may suspend payment of the installment. The customer must pay previously sent partial invoices within the payment term.
ARTICLE 11 – Cancellation
1. If the customer cancels, he owes compensation. It is based on lost revenue based on industry averages. The compensation is made up of the gross profit margin (fixed and variable costs, profit mark-up), less variable costs not incurred such as delivery costs. The compensation amounts to 30% of the purchase/contract price, unless the parties have agreed otherwise. This is 50% if the customer cancels while he has already been informed that the (partial) delivery can take place.
2. The percentages referred to in paragraph 1 are fixed, unless the entrepreneur can prove that his damage is greater or the customer can demonstrate that the damage is less.
3. A cancellation is preferably made in writing. In the event of a verbal cancellation, the entrepreneur will confirm this in writing.
4. If the consumer does not have an e-mail address of the entrepreneur, he can also cancel by registered letter. He then proves via the dated proof of dispatch that the letter was sent within 2 days.
5. The consumer does not have to pay cancellation costs for an off-premises or distance contract if he makes use of the right of withdrawal as laid down in the law for this sales method.
6. In the event of an unfair commercial practice as referred to in the Unfair Commercial Practices Act, a consumer can dissolve the agreement without costs. This is the case if the consumer has been misled or approached aggressively, for example if the seller has put unreasonably heavy pressure on the consumer when concluding the agreement. The consumer must prove that this was the case.
7. A down payment is the payment of part of the agreed price for a product or a service before the entrepreneur has to provide his consideration. With a deposit, a performance or product is secured or reserved. If a down payment has been made by the customer, he will lose the already paid down payment in the event of cancellation.
ARTICLE 12 – Extra costs, additional work and/or less work
Costs that arise because the customer has failed to make the execution or continuation of the work possible are for the account of the customer. Additional work and/or less work will be settled in fairness. Additional work is understood to mean, among other things: all work and deliveries that are not included in the agreement and that are required by the customer. Less work is understood to mean: the part of the agreement that is not performed with the consent of both parties. Surfaces that cannot be floored, eg columns and recesses and loss of cutting, are no less work. At the request of the customer, the entrepreneur leaves residues with the customer.
ARTICLE 13 – Unenforceability of the agreement due to force majeure
1. If fulfillment of the agreement is temporarily impossible due to a cause that cannot be attributed to one of the parties, the other party will be released from its obligations for that period.
2. If fulfillment of the agreement is permanently or partially impossible for one of the parties due to a cause that cannot be attributed to it, both parties will make every reasonable effort to perform the agreement. The parties will discuss this. If the parties cannot reach an agreement, they have the right to dissolve the agreement in whole or in part against compensation to the other party for the costs reasonably incurred and to be incurred.
ARTICLE 14 – Conformity and Warranty
1. The delivered product must have the properties that the customer may expect under normal use under the agreement (conformity). This also applies to special use if this was agreed by the parties when the agreement was concluded. If this expectation is not met, the customer is entitled to repair or replacement, dissolution and/or price reduction.
2. The entrepreneur gives a full 2 year warranty on the delivered products, in addition to the legal obligations of paragraph 1. Parties can also agree otherwise in writing. The 2-year warranty does not apply to defects related to use by the customer that does not correspond to the intended purpose. The entrepreneur makes that plausible. The entrepreneur bears the costs of repair resp. replacement, incl. freight and call-out costs; If the defect can be properly repaired, the entrepreneur does not have to replace the product. If the customer has moved abroad, freight and call-out costs will be reimbursed based on the original delivery address.
3. According to the law, the customer must prevent or limit his damage as much as possible.
4. Even after the two-year warranty in paragraph 2, the customer may still have rights under the law (paragraph 1). In that case, the entrepreneur cannot invoke the expiry of this guarantee.
5. The entrepreneur's obligations with regard to conformity and guarantee of paragraphs 1 and 2 are not covered by the down payment scheme. In the event of bankruptcy/suspension of payment/legal debt restructuring of the entrepreneur, the customer can report to the receiver/administrator as a creditor.
6. If the manufacturer of the products gives the entrepreneur a more extensive guarantee, this guarantee also applies to the customer.
7. Warranty provisions are only valid for the use corresponding to the destination, of the products delivered or of the work performed, or for special use if this has been agreed.
8. The customer must behave as a good customer. This means, for example, that the product is properly and adequately maintained and treated.
9. Deviations in colour, wear resistance, structure, etc. may limit or exclude the right to warranty and/or compensation. This is the case if the deviations are acceptable from a technical point of view according to applicable, customary standards or trade practice.
10. Excluded from the warranty of paragraph 2: (disposable) batteries, interchangeable light sources, home accessories and normal wear and tear.
ARTICLE 15 – Liability
The entrepreneur is not liable for damage caused by causes that he did not know or should have known, unless he is liable according to the law or if otherwise agreed between the parties. Those causes can be, for example:
• the development of shrink seams and/or hairline cracks as a result of the gradual loss of building moisture after new construction or renovation;
• the development of discolourations, shrink seams and/or hairline cracks due to the direct action of heat sources such as the sun, central heating pipes and fireplaces;
• too high or too low a humidity percentage in the relevant room and surrounding areas or an extreme change therein;
• an incorrect composition of the intermediate and/or subfloor or an insufficiently flat subfloor, if this has not been installed by the entrepreneur. Before the start of the work, the entrepreneur reports the insufficient level to the customer; • the floor not being permanently dry, provided the entrepreneur has measured the moisture level of the floors in advance and the result was satisfactory.
ARTICLE 16 – Complaints and damage
1. Complaints about the implementation of the agreement or damage to customer property caused by the entrepreneur must be submitted fully and clearly described to the entrepreneur. This should preferably be done in writing and in any case on time.
2. If at the time of delivery or completion there is no opportunity to establish and/or report complaints and damage to the delivered goods or to customers' property, then the customer must report complaints or damage in writing as soon as possible, preferably within two working days after discovery. . If no notification is received by the entrepreneur within 14 days after delivery, it is assumed that the products have been delivered undamaged and/or that no damage has been caused by the entrepreneur.
3. In the event of damage, the customer gives the entrepreneur the opportunity to inspect and value the damage by or on behalf of him for the benefit of his liability insurance. The customer also cooperates with repairs by or on behalf of the entrepreneur.
4. Complaints that only arise after delivery in use are reported as soon as possible after they arise – at the latest within two months after discovery – preferably in writing.
5. Failure to submit the complaint in time may result in the customer losing his rights in this area.
ARTICLE 17 – Distance and Off-premises Contracts
A – The Agreement
1. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt thereof electronically. As long as this has not yet happened, the consumer can dissolve the agreement.
2. 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 safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
3. The entrepreneur may – if permitted by law – investigate whether the consumer can meet his payment obligations and whether there are circumstances that are important for a responsible conclusion of the agreement. If this provides a good reason not to enter into the agreement, the entrepreneur may refuse an order or request or set special conditions with reasons.
4. The entrepreneur will send the following information at the latest upon delivery of the product and/or service:
a. the visiting address of the entrepreneur where the consumer can go with complaints;
b. the conditions under which and how the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. information about warranties and existing after-sales service; d. the price of the product or service including taxes, any delivery costs and the method of payment, delivery or performance of the agreement; e. if the consumer has a right of withdrawal, the model withdrawal form. This information must be stored and accessible by the consumer.
B – Right of withdrawal
1. The consumer can dissolve an agreement with regard to the purchase of a product during a reflection period of at least 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige him to state it.
2. The reflection period referred to in paragraph 1 starts on the day after the product has been received by or at the request of the consumer on his behalf, or: a. if the consumer has ordered several products in the same order: the day on which the last product has been received by or on behalf of the consumer. The entrepreneur may – if he has clearly informed the consumer about this before the ordering process – refuse an order for several products with different delivery times. b. if the delivery of a product consists of several consignments or parts: the day on which the last consignment/part is received by or on behalf of the consumer.
3. The reflection period referred to in paragraph 2 commences on the day after the conclusion of the agreement. Extended reflection period for products and services in the event of not informing about the right of withdrawal:
4. If the entrepreneur has not provided the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire 12 months after the end of the reflection period established in paragraph B.
5. As soon as the entrepreneur provides the information referred to in paragraph 4, the reflection period will expire 14 days after the day on which the consumer has received that information.
C – Obligations of the consumer during the cooling-off period
1. During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product in such a way as is necessary to determine the nature, characteristics and functioning of the product. The consumer may handle and inspect the product as he would be allowed to do in a store.
2. If the consumer goes further than described in paragraph C1, he is liable for depreciation of the product.
3. The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with the mandatory information about the right of withdrawal before or at the conclusion of the agreement.
D – Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer makes use of his right of withdrawal, he must notify the entrepreneur within the cooling-off period via customer service.
2. As soon as possible, but within 14 days from the day after this notification, 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 returned on time if he returns the product before the cooling-off period has expired.
3. The consumer returns the product with all accessories supplied, as much as possible unused, undamaged, in the original condition and (if reasonably possible) in the original packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal rests with the consumer.
5. The consumer bears the direct costs of returning the product in the event of a distance contract, except:
a. if the entrepreneur has not reported that the consumer must bear these costs; or
b. if the entrepreneur indicates that he will bear the costs himself. In the case of an agreement concluded outside the sales area, the entrepreneur bears the return costs of the product.
6. If the consumer revokes after having first explicitly requested that the performance of the service be started during the cooling-off period, the consumer will pay for the work performed until the time of revocation.
7. The consumer does not bear any costs for the performance of services if:
the entrepreneur 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 start of the performance of the service.
8. In the event of revocation, all additional agreements will be dissolved.
E – Obligations of the entrepreneur in the event of withdrawal
1. If the entrepreneur enables withdrawal by the consumer electronically, he will immediately send a confirmation of receipt after receipt.
2. The entrepreneur reimburses all payments from the consumer, including calculated delivery costs, at the latest within 14 days after the day of withdrawal.
He may wait with repayment until he has received the product, unless the entrepreneur collects the product himself or shows the consumer that he has returned the product.
3. The entrepreneur uses the same payment method for reimbursement as the consumer has used, unless otherwise agreed. The refund is free of charge for the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the extra costs for the more expensive method.
F – Exclusion right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal if he has stated this clearly in the offer in time before the agreement is concluded:
1. Service agreements, after full performance of the service, but only if:
a. the execution has started with the express prior consent of the consumer; and
b. the consumer has declared that he will lose his right of withdrawal as soon as the entrepreneur has fully performed the agreement.
2. Products manufactured according to consumer specifications, which are not prefabricated and which are made on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person.
3. Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery.
4. Products that are irrevocably mixed with other products after delivery due to their nature.
ARTICLE 18 – Dutch law.
All agreements to which these terms and conditions apply are subject to Dutch law.