Terms and Conditions
Section 1 - Definitions
In these terms and conditions, the following terms shall have the following meanings:
Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance (referred to in Article 2).
Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur.
Distance contract: a contract concluded in the context of an organized system for distance selling of products and/or services by the entrepreneur, up to and including the conclusion of the contract, exclusively using one or more means of distance communication.
Means of distance communication: any means that can be used for concluding a contract without the consumer and entrepreneur being simultaneously present in the same space.
Cooling-off period: the period during which the consumer can exercise the right of withdrawal.
Right of withdrawal: the consumer's ability to withdraw from the distance contract within the cooling-off period.
Day: calendar day.
Long-term transaction: a distance contract relating to a series of products and/or services, for which the obligation of delivery and/or performance is spread over time.
Durable medium: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
Section 2 - Identity of the entrepreneur
Dyrgard
Email address: info@dyrgard.com
Chamber of Commerce number: 82093377
VAT identification number: NL003640896B64
Section 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 shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it shall be indicated that the general terms and conditions are available for inspection at the entrepreneur's premises and will be sent to the consumer free of charge upon 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 terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it shall be indicated where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge upon request, either electronically or otherwise.
In the event that specific product or service conditions also apply in addition to these general terms and conditions, paragraphs 2 and 3 shall apply mutatis mutandis, and the consumer can always invoke the most favorable applicable provision in the event of conflicting general terms and conditions.
Section 4 - The offer
If an offer has a limited period of validity or is subject to conditions, this shall be expressly stated in the offer. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
the price including taxes;
any delivery costs;
the way in which the contract will be concluded and which actions are necessary for this;
whether or not the right of withdrawal applies;
the method of payment, delivery or performance of the contract;
the period for accepting the offer, or the period for honoring the price;
the rate for remote communication if the costs of using the remote communication technique are calculated on a basis other than the basic rate;
if the contract is archived after it is concluded, how it can be accessed by the consumer;
the way in which the consumer, before concluding the contract, can check the information provided by him under the contract and repair any errors;
the languages in which, in addition to Dutch, the contract can be concluded;
the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a contract for the continuous or periodic delivery of products or services.
Section 5 - The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, 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 ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.
Within the limits of the law, the entrepreneur has the right to check whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the agreement, he/she is entitled to refuse an order or request or to attach special conditions to the execution.
The entrepreneur shall enclose the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
a. the visiting address of the entrepreneur's establishment where the consumer can address complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about existing after-sales service and guarantees;
d. the information referred to in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer prior to the performance of the contract;
e. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
If the entrepreneur has undertaken to provide a series of products or services, the provisions of the previous paragraph shall only apply to the first delivery.
Section 6a - Right of withdrawal in case of product delivery
The consumer has the option to dissolve the agreement without giving any reason within fourteen working days when purchasing products. This period starts on the day after the consumer or a representative designated by him has received the product.
During this period, the consumer shall handle the product and its packaging with care. He/she shall only unpack or use the product to the extent necessary to assess whether he/she wishes to keep the product. If he/she exercises his right of withdrawal, he/she shall return the product to the entrepreneur with all accessories supplied and, if reasonably possible, in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Section 6b - Right of withdrawal in case of service provision
In the case of the provision of services, the consumer has the option to dissolve the agreement without giving any reason within seven working days, commencing on 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 upon delivery.
Section 7 - Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, they shall bear the maximum cost of returning the goods.
If the consumer has made a payment, the entrepreneur shall refund this amount as soon as possible but no later than 30 days after the return or withdrawal.
Section 8 - Exclusion of the Right of Withdrawal
If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur clearly stated this in the offer, or at least in a timely manner before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
- that are made to the consumer's specifications;
- that are clearly personal in nature;
- that cannot be returned due to their nature;
- that can quickly deteriorate or expire;
- for which the requirements mentioned in article 6a.2 cannot be met.
Section 9 - The Price
During the validity period stated 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 may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. The fact that prices may be target prices and that they are subject to fluctuations will be stated in the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
- they are the result of statutory regulations or provisions; or
- the consumer has the right to terminate the contract as of the date on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
Section 10 - Conformity and Warranty
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 that exist on the date of the conclusion of the contract.
Any warranty offered by the entrepreneur, manufacturer, or importer does not affect the rights and claims the consumer may assert against the entrepreneur for a failure to fulfill the obligations arising from the law and/or the distance contract.
Section 11 - Delivery and Execution
The entrepreneur will exercise the utmost care when receiving orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
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 30 days, unless a longer delivery period has been agreed upon. If delivery is delayed, or if an order cannot be carried out or can only be partially carried out, the consumer will be notified of this no later than one month after he placed the order. In that case, the consumer has the right to dissolve the contract without any costs and the right to possible damages.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 30 days after dissolution.
If delivery of a ordered product proves to be impossible, the entrepreneur will make an effort to make a replacement item available. Clear and comprehensible information will be provided at the latest upon delivery that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of return shipment are at the expense of the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.
Section 12 - Duration of Transactions
The consumer can terminate an agreement entered into for an indefinite period at any time, taking into account the agreed termination rules and a notice period of up to one month.
An agreement entered into for a definite period has a maximum duration of two years. If it has been agreed that the distance contract will be automatically renewed in the event of the consumer's silence, the agreement will be continued as an agreement for an indefinite period, and the notice period after the continuation of the agreement will be a maximum of one month.
Section 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within fourteen days after delivery of the goods or, in the case of a service agreement, within 14 days after the issuance of the relevant documentation concerning this agreement.
In the sale of products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. If an advance payment is agreed upon, the consumer cannot assert any rights regarding the execution of the respective order or service(s) until the agreed advance payment has been made.
The consumer has the obligation to report any inaccuracies in the provided or stated payment details to the entrepreneur without delay.
In the event of the consumer's default in payment, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs that have been communicated to the consumer in advance.
Section 14 - Complaints Procedure
The entrepreneur has a sufficiently disclosed complaints procedure and handles complaints in accordance with this procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur in a timely, complete, and clearly described manner, 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 an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
Section 15 - 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 recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.