General Terms and Conditions

General Terms and Conditions v1.0

Index:

Article 1 – Definitions

Article 2 – Identity of the Trader

Article 3 – Applicability

Article 4 – The Offer

Article 5 – The Contract

Article 6 – Right of Withdrawal

Article 7 – Obligations of Customers in Case of Withdrawal

Article 8 – Customers Exercising their Right of Withdrawal and the Costs Thereof

Article 9 – Obligations of Traders in Case of Withdrawal

Article 10 – Exclusion of the Right of Withdrawal

Article 11 – The Price

Article 12 – Fulfilment of the Contract and Additional Guarantee

Article 13 – Delivery and Performance

Article 14 – Long-Term Transactions: Duration, Termination and Extension

Article 15 – Payment

Article 16 – Complaints Procedure

Article 17 – Disputes

Article 18 – Additional or Deviating Provisions

Article 1 – Definitions

In these general terms and conditions, the following definitions apply:

Additional Agreement: an agreement whereby a consumer acquires products, digital content and/or services via a distance contract, and a trader or third party supplies these products, digital content and/or services according to an agreement between that third party and the trader;
Withdrawal Period: the period within which a consumer can exercise their right of withdrawal;
Consumer: a natural person whose actions are not performed for purposes related to the exercise of a trade, profession or business activity;
Day: calendar day;
Digital Content: data produced and delivered in digital form;
Long-Term Transaction: a distance contract relating to a series of products and/or services, where the obligation to deliver and/or purchase is spread over a period;
Durable Data Carrier: any means – including emails – that enables a consumer or trader to store information addressed to them personally in a way that facilitates future consultation or use of the information for a period corresponding to the purpose for which the information is intended, and which allows for the unaltered reproduction of the stored information;
Right of Withdrawal: the possibility for a consumer to withdraw from a distance contract within the withdrawal period;
Trader: a natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
Distance Contract: a contract concluded between an entrepreneur and a consumer within the framework of a system organised by the entrepreneur for the distance sale of products, digital content and/or services, whereby, up to and including the conclusion of the contract, exclusive or partial use is made of one or more techniques for distance communication;
Model Withdrawal Form: the European model withdrawal form included in Annex I of these terms and conditions. The entrepreneur is not obliged to provide Annex I if the consumer does not have a right of withdrawal with regard to their order;
Technique for Distance Communication: means that can be used for communication about the trader’s offer and for concluding a contract, without the consumer and trader having to be simultaneously in the same space.

Article 2 – Identity of the Trader

Trader’s Name: S7oRS.nl

Registered Address: Robert Stolzhof 239

Email Address: info@s7ors.nl

Chamber of Commerce number: 95144900

VAT identification number: 95144900

Article 3 – Applicability

These general terms and conditions apply to every offer made by 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, before the distance contract is concluded, it will be indicated how the general terms and conditions can be inspected at the entrepreneur’s premises and they will be sent free of charge as soon as possible at the consumer’s request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer’s request.
In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favourable to them.

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 a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Every offer contains information that makes it clear to the consumer what the rights and obligations are associated with accepting the offer.

Article 5 – The Contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfils the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can – within legal frameworks – inform themselves whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If this investigation provides the trader with good grounds not to enter into the contract, they have the right to refuse an order or application with reasons, or to attach special conditions to its execution.
The trader will send the consumer the following information, in writing or in such a way that it can be stored by the consumer on an accessible durable data carrier, at the latest upon delivery of a product, service or digital content:

a. the office address of the entrepreneur’s establishment where the consumer can lodge complaints;

b. the conditions under which the consumer can exercise the right of withdrawal and how this can be done, or a clear statement regarding the exclusion of the right of withdrawal;

c. information about guarantees and existing after-sales service;

d. the price, including all taxes on the product, service or digital content; the delivery costs insofar as applicable, and the method of payment, delivery or execution of the distance contract;

e. the requirements for termination of the contract if the term of the contract is longer than one year or if the contract is for an indefinite period;

f. if the consumer has a right of withdrawal, the model withdrawal form.

In the case of a long-term contract, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of Withdrawal

Upon delivery of products

When purchasing products, the consumer has the right to dissolve the contract without giving reasons for at least 14 days. The trader may ask a consumer for the reason for this dissolution, but the consumer is not obliged to state their reason(s).
The period mentioned in paragraph 1 starts on the day after the consumer or a third party designated by the consumer, who is not the carrier, has received the product, or it starts on the day after the consumer or a third party designated by the consumer, who is not the carrier, has received the product, or:
1. if the consumer has ordered several products: the day on which the consumer, or a third party

designated by the consumer, has received the last product. The trader may refuse a single order for multiple products with different delivery times, provided they have clearly informed the consumer of this before the order was placed.

if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by the consumer, has received the last shipment or the last part;
- in contracts for regular delivery of products over a certain period: the day on which the consumer, or a third party designated by the consumer, has received the last product.

Upon delivery of services and digital content not supplied on a tangible medium:

A consumer has the right to dissolve a contract without giving reasons for the supply of digital content not supplied on a tangible data carrier for a period of at least fourteen days. The trader may ask a consumer for the reason for this dissolution, but the consumer is not obliged to state their reason(s).
The period in paragraph 3 starts on the day after the contract is concluded.

Extended withdrawal period for products, services and digital content not supplied on a tangible medium in the event a consumer was not informed about the right of withdrawal:

If the trader has not provided the consumer with the legally required information about the right of withdrawal or if the model form has not been provided, the withdrawal period ends twelve months after the end of the originally determined withdrawal period based on the preceding paragraphs of this article.
If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months after the start date of the original withdrawal period, the withdrawal period ends 14 days after the day on which the consumer received the information.

Article 7 – Obligations of the Consumer During the Withdrawal Period

During the withdrawal period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess the nature, characteristics and efficacy of the product. The basic principle here is that the consumer may only handle and inspect the product as they would be allowed to in a shop.
The consumer is only liable for the depreciation of the product that is the result of handling the product in a way other than permitted in paragraph. 1.
The consumer is not liable for the depreciation of the product if the trader has not provided them with all legally required information about the right of withdrawal before the contract was concluded.

Article 8 – Consumers Exercising their Right of Withdrawal and the Costs Thereof

The consumer who wishes to exercise their right of withdrawal must notify the entrepreneur within the withdrawal period by means of the model withdrawal form or in any other unambiguous way.
As soon as possible, but no later than 14 days after the day of notification as referred to in paragraph 1, the consumer will return the product, or hand it over to (a representative of) the entrepreneur. This is not necessary if the trader has offered to collect the product themselves. The consumer has in any case complied with the return period if they return the product before the withdrawal period has expired.
The consumer returns the product with all relevant accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
The consumer bears the direct costs of returning the product. If the trader has not stated that the consumer must bear these costs or if the trader indicates they are willing to bear these costs themselves, the consumer is not obliged to bear the costs of returning goods.
If the consumer exercises their right of withdrawal, after having first explicitly requested that the service provided or the supply of gas, water or electricity not prepared for sale, be performed in a limited volume or in a certain quantity during the withdrawal period, the consumer owes the trader an amount equal to the portion of the contract performed by the trader at the time of withdrawal compared to the full performance of the contract.
The consumer does not bear costs for the performance of services or the supply of water, gas or electricity not prepared for sale – in a limited volume or limited quantity – or for the supply of district heating, if:
the trader has not provided the consumer with the legally required information about the right of withdrawal, the costs to be paid upon withdrawal or the model withdrawal form, or:
the consumer has not explicitly requested the commencement of the performance of the service or the supply of gas, water, electricity or district heating during the withdrawal period.
The consumer does not bear costs for the full or partial supply of digital content not supplied on a tangible medium, if:
before delivery, they have not explicitly consented to the commencement of the performance of the contract before the end of the withdrawal period;
they have not acknowledged losing their right of withdrawal when giving their consent; or
the trader failed to confirm this statement from the consumer.
If a consumer exercises their right of withdrawal, all additional agreements are dissolved by operation of law.

Article 9 – Obligations of Traders in Case of Withdrawal

If the trader offers a consumer the option to declare their withdrawal electronically, they will immediately send a confirmation of receipt after receiving such a declaration.
The trader will immediately reimburse the consumer for all payments, including any delivery costs charged by the trader for the returned product, but no later than 14 days after the day on which the consumer notified the withdrawal. Except in cases where the trader has offered to collect the product themselves, they may postpone reimbursement until they have received the product or until the consumer proves that they have returned the product, whichever occurs first.
For any reimbursement, the trader will use the same payment method originally used by the consumer, unless the consumer agrees to a different method. Reimbursement is free of charge for the consumer.
If the consumer has chosen an expensive method of delivery instead of the cheapest standard delivery, the trader is not obliged to reimburse the additional costs of the more expensive method.

Article 10 – Exclusion of the Right of Withdrawal

The trader can exclude the right of withdrawal for the following products and services, but only if the trader has clearly stated this in the offer, or at least in good time before the conclusion of the contract:

Products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence and which may occur within the withdrawal period;
Contracts concluded during a public auction. A public auction is defined as a method of sale whereby a trader offers products, digital content and/or services at an auction, under the direction of an auctioneer, and whereby the successful buyer is obliged to purchase the products, digital content and/or services;
Service contracts, after full completion of the service, but only if:
the performance has begun with the consumer’s express prior consent; and
the consumer declared to have lost their right of withdrawal once the trader had fully performed the contract;
Package travel, package holidays and package tours as referred to in Article 7:500 of the Dutch Civil Code and contracts for passenger transport;
Contracts for services that provide access to accommodation, if a specific date or period of performance has already been stipulated in the contract and other than for accommodation, the transport of goods, car rental services and catering;
Contracts relating to leisure activities, if a specific date or period of performance has already been stipulated in the contract;
Products manufactured according to the consumer’s specifications, which are not prefabricated and made based on a specific choice or decision of the consumer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable for return for reasons related to health protection or hygiene and whose seal has been broken after delivery;
Products that are irrevocably mixed with other products due to their nature;
Alcoholic beverages whose price was agreed upon at the conclusion of the contract, but whose delivery can only take place after 30 days and whose actual value depends on market fluctuations over which the trader has no influence;
Sealed audio/video recordings and computer equipment whose seal has been broken after delivery;
Newspapers or magazines, except subscriptions;
The supply of digital content other than on a tangible medium, but only if:
the delivery has begun with the consumer’s express prior consent, and
the consumer declared that this meant they had lost their right of withdrawal.

Article 11 – The Price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of legal regulations or provisions.
Price increases more than 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:
they are the result of legal regulations or provisions; or
the consumer has the authority to terminate the contract on the day the price increase takes effect.
Prices in offers of products or services include VAT.

Article 12 – Fulfilment of the Contract and Additional Guarantee

The entrepreneur guarantees that the products and/or services comply with the contract, 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 contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
An additional guarantee scheme offered by the trader, manufacturer or importer can never affect the legal rights and claims that a consumer can assert against the trader on the basis of the contract if the trader has not fulfilled their part of the contract.
An additional guarantee is defined as any commitment by a trader, their supplier, importer or manufacturer that grants a consumer rights or claims, in addition to the rights and claims provided for by law, in the event that they do not fulfil their part of the contract.

Article 13 – Delivery and Performance

The entrepreneur will observe the greatest possible care when receiving and executing product orders and when assessing applications for the provision of services.
The address that the consumer has made known to the company applies as the place of delivery.
Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed but no later than within 30 days unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and is entitled to any compensation.
After dissolution in accordance with the previous paragraph, the trader will immediately refund the amount paid by the consumer.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and known representative of the entrepreneur, unless expressly agreed otherwise.

Article 14 – Long-Term Transactions: Duration, Termination and Extension

Termination

The consumer can terminate a contract entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of agreed termination rules and a notice period of no more than one month.
The consumer can terminate a contract entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time at the end of the definite period with due observance of agreed termination rules and a notice period of no more than one month.
With regard to contracts as described in the first two paragraphs, the consumer can:

– terminate at any time and not be limited to termination at a specific time or during a specific period;

– end them in the same way as they were closed;

– always terminate with the same notice period as for the trader.

Extension

A fixed-term contract entered into for the regular supply of products (including electricity) or services may not be automatically renewed or extended for a definite period.
Notwithstanding the previous paragraph, a fixed-term contract entered into for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.
A fixed-term contract entered into for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and, in the case of a contract for the regular, but less than once a month, delivery of daily, news or weekly newspapers or magazines, with a notice period of no more than three months.
A fixed-term contract for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be tacitly extended and will automatically end at the end of the trial or introductory period.

Duration

If a contract has a definite duration of more than one year, the consumer has the right at any time after one year to terminate the contract with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 – Payment

Unless a different date has been set in the contract or additional conditions, amounts owed by the consumer must be paid within 14 days after the start of the withdrawal period, or in the absence of a withdrawal period, within 14 days after the conclusion of the contract. In the case of a contract for the provision of a service, this 14-day period starts on the day after the consumer has received confirmation of the contract.
When selling products to consumers, an advance payment of more than 50% may never be stipulated in general terms and conditions. If an advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the stipulated advance payment has been made.
The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
If a consumer does not meet their payment obligation(s) in time, after the entrepreneur has pointed out the payment arrears to the consumer, the consumer has 14 days to still meet their payment obligation; if payment is not made within this 14-day period, statutory interest will be due on the amount owed and the entrepreneur has the right to charge the reasonable extrajudicial collection costs incurred by them. These collection costs amount to a maximum of: 15% of unpaid amounts up to €2,500; 10% on the next €2,500; and 5% on the next €5,000, with a minimum of €40. The trader may deviate from these amounts and percentages in favour of the consumer.

Article 16 – Complaints Procedure

The entrepreneur has a complaints procedure that has been made sufficiently known and handles a complaint in accordance with this complaints procedure.
A consumer who has discovered shortcomings in the execution of a contract must submit any complaints to the trader immediately, fully and with clear descriptions.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
The consumer must give the entrepreneur a period of at least 4 weeks to resolve the complaint by mutual agreement. After this period, the complaint becomes a dispute to which the dispute settlement procedure applies.

Article 17 – Disputes

Dutch law applies exclusively to contracts between a trader and a consumer to which these general terms and conditions apply.

Article 18 – Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be laid down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Annex I: Model Withdrawal Form

Model Withdrawal Form

(this form should only be completed and returned if you wish to withdraw from the contract)

– To: S7oRS.nl

Robert Stolzhof 239, 1628 XA Hoorn

info@s7ors.nl

– I/We* hereby give notice that, with respect to our contract for

The sale of the following products: [description of the product]*

The supply of the following digital content: [description of the digital content]*

The supply of the following service: [description of the service]*

I/We* exercise our right of withdrawal.

– Ordered on*/received on* [datum van bestelling van diensten of ontvangst van goederen]

– Name of consumer(s)]

– Address of consumer(s)]

– Signature of consumer(s)] (only if this form is submitted on paper)

– [Date]

*Delete or provide additional information, if applicable.