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General conditions

Table of contents

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Payment
Article 13 - Complaints procedure
Article 14 - Disputes

Article 1 - Definitions

In these conditions, the following terms shall be understood to mean:

  1. Cooling-off period: the period within which the consumer can make use of his right of withdrawal;

  2. Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur;

  3. Day: calendar day;

  4. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

  5. Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that future consultation and unchanged reproduction of the stored information is possible;

  6. Right of withdrawal: the option for the consumer to opt out of the distance contract within the cooling-off period;

  7. Model form: the model withdrawal form that the entrepreneur provides, which a consumer can fill out when they want to exercise their right of withdrawal;

  8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

  9. Distance contract: a contract in which, within the framework of a system for distance selling of products and/or services organized by the entrepreneur, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for remote communication;

  10. Remote communication technique: a means that can be used for concluding a contract, without the consumer and entrepreneur being in the same space at the same time;

  11. General Conditions: the present General Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Registered address (not a visiting address): Prinses Beatrixstraat 16, 4231AN Meerkerk, Netherlands
Email address: info@speelberg.com
Chamber of Commerce number: 65240731
VAT: NL002270172B23

Article 3 - Applicability

These general conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general conditions is made available to the consumer. If this is not reasonably possible, it will be indicated that the general conditions can be viewed at the entrepreneur's before the distance contract is concluded, and they will be sent free of charge as soon as possible at the consumer's request.

If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

In case specific product or service conditions are also applicable besides these general conditions, the second and third paragraph are correspondingly applicable, and in the event of conflicting general conditions, the consumer can always invoke the applicable provision that is most favorable to them.

If one or more provisions in these general conditions are at any time wholly or partially null and void or are annulled, the remaining part of the agreement and these conditions will remain in force, and the relevant provision will immediately be replaced by mutual agreement with a provision that approaches the original intent as closely as possible.

Situations not covered by these general conditions should be assessed 'in the spirit' of these general conditions.

Uncertainties about the interpretation or content of one or more provisions of our conditions should be interpreted 'in the spirit' of these general conditions.

Article 4 - The offer

If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to change and amend the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Apparent mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot lead to compensation or dissolution of the contract.

Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This particularly includes:

  1. the price including taxes;

  2. the possible costs of shipping;

  3. the manner in which the agreement will be concluded and the actions required for this;

  4. whether or not the right of withdrawal applies;

  5. the method of payment, delivery, and execution of the agreement;

  6. the period for accepting the offer, or the period within which the entrepreneur guarantees the price;

  7. the rate of the charge for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the used means of communication;

  8. whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;

  9. the manner in which the consumer, before concluding the agreement, can check the data provided by him within the framework of the agreement and, if desired, rectify it;

  10. the possible other languages in which, besides Dutch, the agreement can be concluded;

  11. the codes of conduct to which the entrepreneur has subscribed and the way in which the consumer can consult these codes of conduct electronically; and

  12. the minimum duration of the distance contract in the case of a duration transaction.

Article 5 - The agreement

The agreement comes into effect, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set therein.

If the consumer has accepted the offer electronically, the entrepreneur immediately confirms receipt of the acceptance of the offer electronically. As long as the acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensures a safe web environment. If the consumer can make payments electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur may - within legal frameworks - inquire if the consumer can meet his payment obligations, as well as all those facts and factors that are important for responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request motivated or to attach special conditions to the execution.

The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a manner that the consumer can store it in an accessible way on a durable medium:

  1. the conditions and the manner in which the consumer can exercise the right of withdrawal, or a clear indication regarding the exclusion of the right of withdrawal;

  2. the information about warranties and existing after-sales service;

  3. the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;

  4. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a duration transaction, the provision in the previous clause applies only to the initial delivery.

Every agreement is entered into subject to the suspensive condition of sufficient availability of the respective products.

Article 6 - Right of withdrawal

In case of delivery of products:

Upon purchasing products, the consumer has the option to dissolve the agreement without stating reasons within 14 days. This withdrawal period starts on the day after the consumer or a pre-designated representative known to the entrepreneur receives the product.

During this withdrawal period, the consumer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep it. If he exercises his right of withdrawal, he shall return the product to the entrepreneur, including all accessories provided and, if reasonably possible, in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days of receiving the product. The consumer shall notify the entrepreneur of his decision to withdraw either by using the model withdrawal form or by any other means of communication such as email. After the consumer has notified the entrepreneur of his decision to withdraw, he shall return the product within 14 days. The consumer must prove that the goods have been returned on time, for example by providing proof of shipment.

If the consumer has not exercised his right of withdrawal or returned the product to the entrepreneur after the periods mentioned in paragraphs 2 and 3, the purchase is final.

In case of delivery of services:

Upon delivery of services, the consumer has the option to dissolve the agreement without stating reasons for at least 14 days, starting from the day the agreement is concluded.

To exercise his right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or provided upon delivery.

Article 7 - Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the maximum cost of return shipping shall be borne by him.

If the consumer has made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal. However, this is conditional upon the product having already been received by the online retailer or conclusive proof of complete return shipment can be provided. The refund will be made via the same payment method used by the consumer.

If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product.

The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, which must be done before concluding the purchase agreement.

Article 8 - Exclusion of the right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

  1. that have been made to the consumer's specifications by the entrepreneur;

  2. that are clearly of a personal nature;

  3. that, by their nature, cannot be returned;

  4. that can quickly deteriorate or expire;

  5. whose price is subject to fluctuations in the financial market over which the entrepreneur has no control;

  6. for hygiene products where the consumer has broken the seal;

  7. products that have been cut to size, such as fabrics or rubbers.

Uitsluiting van het herroepingsrecht is slechts mogelijk voor diensten:

  1. where delivery has begun with the consumer's explicit consent before the end of the cooling-off period.

Article 9 - The price

During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

In deviation from the previous paragraph, the entrepreneur can offer products or services with prices tied to fluctuations in the financial market and where the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices mentioned are indicative prices will be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only allowed if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

  1. they result from statutory regulations or provisions; or

  2. the consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or 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 existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's statutory rights and claims against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after discovery of the defect.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

  1. the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;

  2. the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or those indicated on the packaging;

  3. the defectiveness is wholly or partially the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

The entrepreneur will exercise the utmost care when receiving orders for products and when assessing requests for the provision of services.

The place of delivery shall be the address that the consumer has provided to the company.

Subject to what is stated in paragraph 4 of this article, the company shall execute accepted orders promptly but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or only partially executed, the consumer shall be notified of this no later than 30 days after placing the order. In such a case, the consumer shall have the right to terminate the agreement at no cost. The consumer is not entitled to compensation in this case.

All delivery times are indicative. The consumer cannot derive any rights from any stated deadlines. Exceeding a deadline does not entitle the consumer to compensation.

In the event of termination in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than within 14 days after termination.

If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a substitute item. It will be clearly and understandably indicated at the latest upon delivery that a substitute item is being provided. The right of withdrawal cannot be excluded for substitute items. The costs of any return shipment shall be borne by the entrepreneur.

The risk of damage and/or loss of products shall rest with the entrepreneur until the moment of delivery to the consumer or a previously designated and made known representative of the entrepreneur, unless expressly agreed otherwise.

Article 12 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.

The consumer is obligated to promptly report any inaccuracies in the payment details provided or stated to the entrepreneur.

In the event of default by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs previously communicated to the consumer.

Article 13 - Complaints Procedure

The entrepreneur has a properly publicized complaints procedure and handles complaints in accordance with this complaints procedure.

Complaints about the performance of the agreement must be submitted to the entrepreneur within 2 months, 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 14-day period with a message of receipt and an indication of when the consumer can expect a more detailed response.

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 14 - Disputes

On agreements between the entrepreneur and the consumer to which these general terms and conditions apply, only Dutch law applies, even if the consumer resides abroad.

The Vienna Sales Convention does not apply.

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Chamber of Commerce Number: 65240731