Download general terms and conditions
Terms and conditions
Het Naaldbos
KvK: 68897170
Ijsvogelplein 189
3334XM Zwijndrecht
www.hetnaaldbos.nl
info@hetnaaldbos.nl
0620354636
Version 0.2
This page was last modified on 17-01-2019
- Definitions
In these general terms and conditions, the following definitions apply:
- Reflection period: period during which consumers can exercise their right of withdrawal.
- Consumer: a natural person who is not acting in the course of a profession or business and enters into a distance contract with the online store.
- Day: calendar day.
- Durable data: any means that enables the consumer or online store to store information addressed to them in a way that allows future consultation and unaltered reproduction of stored information.
- Right of withdrawal: the consumer's right to withdraw from the distance contract within the specified cooling-off period.
- Online store: the natural or legal person who offers products to consumers remotely.
- Distance contract: contract between consumer and online store, concluded remotely using a system intended for that purpose.
- In writing: in writing also includes electronic communication, such as email, provided that the identity of the sender and the authenticity of the communication are sufficiently established.
- General
- These general terms and conditions apply to every offer made by the online store and to every distance contract concluded between the online store and the consumer.
- The agreement is concluded at the moment the consumer accepts the offer of the online store and meets the conditions set out in that offer.
- The online store will immediately confirm receipt of the acceptance of the offer. Until the online store has sent this confirmation, the consumer may terminate the agreement.
- As an exception to paragraph 2, the agreement shall only be concluded after the online store has been informed, within the legal framework, that the consumer is able to meet their payment obligations and of other facts and factors that are important for entering into a distance agreement in a responsible manner. If there are sufficient grounds for refusal, the retailer has the right not to enter into the agreement, or at least to dissolve it or to attach special conditions to it.
- The online store reserves the right to amend and/or expand these general terms and conditions.
- If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or void, the agreement and these terms and conditions will remain in force for the rest and the relevant provision(s) will be replaced by mutual agreement with a provision that approximates the meaning of the original provision as closely as possible.
- Situations not covered by these general terms and conditions will be assessed in accordance with the spirit of these general terms and conditions.
- The disclaimer, cookie policy and privacy policy of Het Naaldbos apply to these general terms and conditions.
- Pricing
- All prices are subject to typing errors. No liability is accepted for the consequences of typing errors. In the event of typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price unless the incorrect price is reasonable.
- All prices include 21% VAT, with the exception of books and magazines, which are subject to 9% VAT.
- Unless otherwise stated, all prices are per item or per unit.
- All prices are in euros, excluding shipping costs.
- Consumers cannot claim any rights based on prices and offers from the (recent) past.
- Right of Cancellation
- The consumer has the right to cancel the agreement without giving any reason within 14 days of receipt of all products by the consumer or a representative designated in advance by the consumer.
- During this period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to assess the product.
- If the consumer wishes to exercise the right of withdrawal, he must notify the online store in writing within the cooling-off period. The online store will immediately send a confirmation of this notification.
- Products must be returned to the online store together with all accessories supplied and, as far as possible, in their original condition and packaging, in accordance with the clear and reasonable instructions provided by the online store.
- In the event of termination, the costs of the return shipment will be borne by the consumer. These costs amount to approximately €6.95 per package with PostNL (01-2019). Consumers may choose which carrier they use, but must be able to demonstrate that the shipment has been returned. For exact rates, please refer to the website of your chosen carrier.
- After confirmation of the cancelation, the consumer must return the product as soon as possible, but no later than within 14 days, in accordance with the provisions of paragraph 4. The consumer must prove that the delivered products have been returned on time by means of proof of shipment.
- The online store will refund payments received from consumers within fourteen days of termination, provided that the product has already been returned in good condition or the consumer can prove that the goods have been shipped, whichever date comes first.
- The consumer will be reimbursed in the same manner as the consumer paid the online store, unless the consumer agrees to a different payment method.
- If not the entire order has been returned, the costs for the initial shipment will not be reimbursed.
- Any additional costs resulting from the consumer's choice of a delivery method other than the cheapest standard delivery offered by us will not be refunded.
- The consumer is liable for any reduction in the value of the product if the product has been used more than necessary (to determine its nature, characteristics, and functioning).
- In the case of a continuing performance contract, the consumer will only be refunded the amount for which performance has not yet been provided.
5. Exclusion Right of Cancellation
1. The right of withdrawal is excluded for the following products:
- which have been created by the online store in accordance with the consumer's specifications;
- which are clearly personal in nature;
- which cannot be returned due to their nature;
- that can spoil or become outdated quickly;
- whose price is subject to fluctuations in the financial market over which the online store has no influence;
- for individual newspapers or magazines;
- for audio and video recordings and computer software whose seal has been broken by the consumer.
6. Subscriptions and BOM projects
- The consumer may terminate an agreement for the regular supply of products or services that has been concluded for an indefinite period at any time, subject to the agreed termination rules and a notice period of no more than one month.
- The consumer may cancel an agreement for the regular supply of products or services that has been concluded for a fixed term at any time before the end of the fixed term, subject to the agreed cancellation rules and a notice period of no more than one month. The agreement will not be tacitly extended or renewed for the fixed term.
- If an agreement has been concluded for a period of more than one year, the consumer may cancel the agreement at any time after one year with a notice period of no more than one month, unless it is unreasonable to cancel the agreement before the end of the agreed term.
- Consumers sign up for the entire package when purchasing a BOM (block of the month). It is therefore not possible to cancel mid-term.
- Payment is made monthly in advance or in a single lump sum. The packages will be shipped from the agreed date after payment has been received.
7. Delivery
- Delivery is to the address that the consumer has provided to the online store.
- The online store aims to ship orders within 1-5 business days, but will deliver orders within 30 days at the latest, unless a longer delivery period has been agreed upon. The online store will notify customers in a timely manner of any delays in delivery.
- The consumer has the right to cancel the contract if delivery only takes place or can take place after these 30 days without this having been agreed in advance. Upon cancellation, the online store will refund any payments received from the consumer within 30 days at the latest.
- All delivery times stated on the website are indicative. Consumers cannot derive any rights from these. Exceeding a delivery time does not entitle the consumer to compensation.
- The entrepreneur is not liable for delays caused by postal and parcel delivery services.
- The risk of damage or loss of products is transferred to the consumer at the moment of delivery to the consumer or a third party designated by them in advance.
- If an item is sold out due to circumstances, the consumer will be notified and the amount will be refunded as soon as possible.
- Goods remain the property of Het Naaldbos until payment has been made.
- Shipping costs are calculated based on PostNL rates depending on the size and weight of the order. Rates are subject to change.
8. Payment
- The consumer has the obligation to immediately report any inaccuracies in the payment details provided to the entrepreneur.
- Consumers can pay using the following payment methods: IDeal, advance bank transfer, cash on delivery.
- If the consumer wishes to pay in advance, payment must be made within 7 days of placing the order, otherwise the agreement will be cancelled.
9. Warranties and Conformity
- The online store does not offer any (additional) guarantees with regard to delivered products.
- Products must meet the reasonable expectations of consumers. Products must not show any defects during their expected lifespan, except for normal wear and tear.
- The consumer has up to two months after discovering the defect to report it in writing to the online store.
- If a defect turns out to be a manufacturing fault, the consumer is entitled to have the product repaired. If repair is no longer possible or would cost a disproportionate amount of money, the product will be replaced. Only if the product is no longer manufactured or repair or replacement would exceed the value of the product to an unreasonable extent, may the online store offer to refund the purchase price to the consumer. All costs for repair or replacement, including any return and shipping costs, are borne by the online store.
- Compensation, repair, or replacement due to a product defect will lapse if the defect arose as a result of or stems from careless, improper, or inappropriate use of the product, use after the expiration date, incorrect storage, or maintenance by the consumer.
- The images on the website are a true representation of the products offered. However, we cannot guarantee that the colors displayed on your screen will exactly match the actual colors of the products.
10. Intellectual Property Rights
- All content, including text, images, sound, and video, is subject to intellectual property rights. Het Naaldbos is the owner of this content, or at least we have a legally valid license to use this content.
- The content on the website may not be reproduced, copied, modified, distributed, or published without our permission, unless there is a legal exception.
- Content may be shared using the social media buttons provided on this website.
11. Claims and Disputes
- Agreements between the online store and the consumer are governed exclusively by Dutch law.
- Claims regarding the performance of the agreement must be reported to the online store in writing within a reasonable period of time, but no later than 14 days after the consumer has discovered the defects, and must be fully and clearly described.
- Complaints submitted to the online store will be answered within 14 days of receipt. If the complaint cannot be resolved within 14 days, the online store will notify the consumer in a timely manner and indicate the period within which the consumer can expect a solution.
- The online store has four weeks after the complaint is submitted to reach a solution in consultation with the consumer. The online store informs the consumer of the possibility, if the online store and the consumer cannot reach a solution together, to submit the complaint to the European Commission's Online Dispute Resolution within 12 months of reporting the complaint to the online store via https://webgate.ec.europa.eu/odr or directly to the General Disputes Committee https://www.degeschillencommissie.nl/over-ons/commissies/algemeen/