Terms and conditions
General terms and conditions for consumers
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 - Duration transactions: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions
Article 1 - Definitions
For the purposes of these terms and conditions, the following definitions apply:
1. Cooling-off period: the period within which the consumer can make use of their right of withdrawal;
2. Consumer: the natural person who is not acting in the exercise of their profession or business and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract regarding a series of products and/or services, for which the obligation to supply and/or purchase is spread over time;
5. Durable medium: any instrument that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
7. Model form: the model form for withdrawal that the entrepreneur makes available, which a consumer can fill in when they wish 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: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;
10. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having gathered in the same room simultaneously.
11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Entrepreneur name: Apotique B.V.
Registered address: Archimedesstraat 8 2517RV The Hague The Netherlands
Visiting address: Archimedesstraat 8 2517RV The Hague The Netherlands
Phone number: +31 (0)70 361 45 08 | Mon - Thu: 9:00 AM - 5:30 PM
E-mail address: info@apotique.nl
Chamber of Commerce number: KvK 66952484
VAT identification number: VAT NL856767141B01
Article 3 - Applicability
1. These General Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract and order established between the entrepreneur and the consumer.
2. 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur's premises and will be sent to the consumer free of charge as soon as possible upon request.
3. If the distance contract is concluded electronically, then, contrary to 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 medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge electronically or otherwise upon request.
4. In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer may always invoke the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall remain in effect for the remainder, and the provision in question shall be replaced immediately by mutual agreement by a provision that approximates the intent of the original as closely as possible.
6. Situations not regulated in these general terms and conditions should be assessed "in the spirit" of these general terms and conditions.
7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be interpreted "in the spirit" of these general terms and conditions.
Article 4 - The offer
1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow 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 manifest errors in the offer do not bind the entrepreneur.
4. All images and specifications in the offer are indicative and cannot lead to any compensation or dissolution of the agreement.
5. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- any costs of delivery;
- the way in which the agreement will be concluded and which actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and execution of the agreement;
- the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
- the rate 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 communication medium used;
- whether the agreement is archived after its conclusion, and if so, how it can be consulted by the consumer;
- the way in which the consumer can check and, if desired, correct the data they provided in the context of the agreement before concluding the agreement;
- any languages other than Dutch in which the agreement can be concluded;
- 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
- the minimum duration of the distance contract in the case of a duration transaction.
- Optional: available sizes, colors, types of materials.
Article 5 - The agreement
1. 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 associated conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. 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 for this.
4. The entrepreneur may – within legal frameworks – inform themselves whether the consumer can meet their 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 grounds not to enter into the agreement, they are entitled to refuse an order or request with motivation, or to attach special conditions to the execution.
5. The entrepreneur will send the following information with the product or service to the consumer, 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 lodge complaints;
b. the conditions under which and the manner in which 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 post-purchase service;
d. the data included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
7. Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.
Article 6 - Right of withdrawal
Upon delivery of products:
1. When purchasing products, the consumer has the option to dissolve the agreement without giving any reason for 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
2. During the cooling-off period, the consumer will handle the product and the packaging with care. They will only unpack or use the product to the extent necessary to be able to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all supplied accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. When the consumer wishes to make use of their right of withdrawal, they are obliged to make this known to the entrepreneur within 14 days of receipt of the product. The consumer must make this known using the model form. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of postage.
4. If the customer has not indicated that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur after the expiry of the terms mentioned in paragraphs 2 and 3, the sale is a fact.
Upon delivery of services:
1. Upon delivery of services, the consumer has the option to dissolve the agreement without giving any reason for at least 14 days, starting on the day of entering into the agreement.
2. To make use of their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.
Article 7 - Costs in case of withdrawal
1. If the consumer makes use of their right of withdrawal, the costs of return shipment will be for their account at most.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. A condition for this is that the product has already been received back by the web retailer or that conclusive proof of complete return can be provided. Refund will be made using the same payment method as used by the consumer unless the consumer explicitly gives permission for another payment method.
3. In case of damage to the product due to careless handling by the consumer themselves, the consumer is liable for any decrease in value of the product.
4. The consumer cannot be held liable for the decrease in value of the product when the entrepreneur has not provided all legally required information about the right of withdrawal; this must be done before the conclusion of the purchase agreement.
Article 8 - Exclusion of the right of withdrawal
1. 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 only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a. which have been created by the entrepreneur according to the consumer's specifications;
b. which are clearly personal in nature;
c. which by their nature cannot be returned;
d. which can spoil or age rapidly;
e. the price of which is subject to fluctuations in the financial market on which the entrepreneur has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
h. for hygienic products of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a. regarding accommodation, transport, restaurant services or leisure activities to be carried out on a certain date or during a certain period;
b. the delivery of which has begun with the express consent of the consumer before the cooling-off period has expired;
c. regarding bets and lotteries.
Article 9 - The price
1. 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.
2. Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This link to fluctuations and the fact that any prices mentioned are target prices will be stated with the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the authority to terminate the agreement on the day the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
6. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and Warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability 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 other than normal use.
2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.
4. 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.
5. The warranty does not apply if:
6. The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
7. The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or in violation of the instructions of the entrepreneur and/or on the packaging;
8. The inferiority is entirely or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.
Article 11 - Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders with competent speed 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 or can only be partially executed, the consumer will receive notification of this no later than 30 days after they placed the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to any compensation.
4. All delivery terms are indicative. The consumer cannot derive any rights from any mentioned terms. Exceeding a term does not give the consumer the right to compensation.
5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than within 14 days after dissolution.
6.
7. The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative previously designated and made known to the trader, unless expressly agreed otherwise.
Article 12 - Duration transactions: duration, termination and extension
Termination
1. The consumer may at any time terminate an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, taking into account the agreed termination rules and a notice period of at most one month.
2. The consumer may at any time terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, by the end of the definite period, taking into account the agreed termination rules and a notice period of at most one month.
3. The consumer can terminate the agreements mentioned in the previous paragraphs:
- at any time and not be limited to termination at a specific time or in a specific period;
- at least terminate in the same manner as they were entered into by him;
- always terminate with the same notice period as the trader has stipulated for himself.
Extension
4. An agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
5. By way of derogation from the previous paragraph, an agreement that has been entered into for a definite period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of up to three months, if the consumer can terminate this extended agreement towards the end of the extension with a notice period of at most one month.
6. An agreement that has been entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may at any time terminate with a notice period of at most one month and a notice period of at most three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration
8. If an agreement has a duration of more than one year, the consumer may after one year terminate the agreement at any time with a notice period of at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 - Payment
1. Insofar as not otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection 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 the confirmation of the agreement.
2. The consumer has the duty to report inaccuracies in provided or stated payment data without delay to the trader.
3. In the event of default of payment by the consumer, the trader has, subject to statutory limitations, the right to charge the reasonable costs made known to the consumer in advance.
Article 14 - Complaints procedure
1. The trader has a sufficiently notified complaints procedure and deals with the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the trader fully and clearly described within 7 days, after the consumer has discovered the defects.
3. Complaints submitted to the trader will be answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will reply within the period of 14 days with a notification of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be solved in mutual consultation, a dispute arises that is susceptible to the dispute settlement scheme.
5. In case of complaints, a consumer must first of all turn to the trader. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the obligations of the trader, unless the trader indicates otherwise in writing.
7. If a complaint is found well-founded by the trader, the trader will at its discretion either replace or repair the delivered products free of charge.
Article 15 - Disputes
1. Agreements between the trader and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. Even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.
Article 16 - Additional or deviating provisions
Additional provisions or provisions deviating 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 they can be stored by the consumer in an accessible manner on a durable data carrier.