Article 1 – Definitions
In these conditions, the following definitions apply:
- Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance agreement and these matters, digital content and/or services are delivered by the entrepreneur or by a third party on grounds of an arrangement between that third party and the entrepreneur;
- Reflection period: the term within which the consumer can exercise his right of revocation;
- Consumer: purchaser of a product or services, being a natural person who does not act from the exercise of a profession or business;
- Day: calendar day;
- Digital content: data which are produced and delivered in digital form;
- Duration contract: an agreement which arranges for the regular delivery of matters, services and/or digital content during a certain period;
- Durable information carrier: any tool – also including e-mail – which enables the consumer or entrepreneur to store information which is addressed to him personally in a manner which renders possible future perusal or use during a period which is tailored to the purpose for which the information is intended, and which renders possible the unaltered reproduction of the stored information;
- Revocation right: the possibility of the consumer to waive the distance agreement within the reflection period;
- Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
- Distance agreement: an agreement which is concluded between the entrepreneur and the consumer in the context of an organized system for the sale at a distance of products, digital content and/or services, whereby until the moment the agreement is concluded one or more techniques for communication at a distance are also, or exclusively, used;
- Model form for revocation: the European model form for revocation included in these conditions as Appendix I. Appendix I does not have to be provided if the consumer does not have the right of revocation regarding his order;
- Technique for communication at a distance: means which can be used for the conclusion of an agreement without the need for consumer and entrepreneur to have convened in the same area.
Article 2 – Identity of the entrepreneur
Stichting Nexus Instituut
Kollenbergweg 1, 1101 AT Amsterdam, the Netherlands
Phone number: 00-31-(0)85-0471229 (business days from 9.00 AM to 5.00 PM)
E-mail address: firstname.lastname@example.org
Chamber of Commerce number: 41012297
VAT identification number: 8038.87.346.B.01
Article 3 – Applicability
- These terms and conditions are applicable to any offer of the entrepreneur and to every agreement adopted at a distance between entrepreneur and consumer.
- Before the distance agreement is concluded, the text of these terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance agreement is adopted in what manner the terms and conditions can be accessed and that upon request of the consumer they will be forwarded free of charges as soon as possible.
- If the distance agreement is concluded electronically, in derogation to the preceding section and before the distance agreement is concluded, the text of these terms and conditions can be made available to the consumer through electronic channels, in such a way that they can be easily stored by the consumer on a durable information carrier. If this is not reasonably possible, then before the distance agreement is concluded, it will be indicated where it is possible to take cognizance of the terms and conditions through electronic channels, and that they will be forwarded, upon request of the consumer, through electronic channels or otherwise, free of charges.
- In the event that besides these terms and conditions, specific product or service conditions are also applicable, the second and third section are correspondingly applicable, and the consumer can always appeal, in case of conflicting conditions, to the applicable provision which is most advantageous for him.
Article 4 – The offer
- If an offer has a limited term of validity or is issued under conditions, such is expressly stated in the offer.
- The offer contains a complete and precise description of the proposed products, digital content and/or services. The description is sufficiently detailed to enable a sound evaluation of the offer by the consumer. If the entrepreneur makes use of pictures, they are a truthful depiction of the proposed products, services and/or digital content. Apparent mistakes or apparent errors in the offer do not bind the entrepreneur.
- Each offer contains such information that it is clear to the consumer what the rights and obligations are which are linked to the offer.
Article 5 – The agreement
- The agreement is concluded, subject to what is stipulated in section 4, at the moment of acceptance by the consumer of the offer and of compliance with the conditions thereby established.
- If the consumer has accepted the offer through electronic channels, the entrepreneur forthwith confirms the receipt of the acceptance of the offer through electronic channels. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can rescind the agreement.
- If the agreement is adopted electronically, the entrepreneur takes appropriate technical and organizational measures for the security of the electronic transfer of data and he will provide a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures to that effect.
- Within legal boundaries, the entrepreneur may inform himself about whether the consumer is able to fulfil his payment obligations, as well as of all those facts and factors which are of importance for entering into the distance agreement responsibly. If the entrepreneur has valid grounds pursuant to this investigation not to enter into the agreement, he has the right to refuse an order or request in a substantiated manner, or to subject the implementation to special conditions.
- Upon delivery of the product, service, or digital content at the latest, the entrepreneur will forward to the consumer the following information, in written form or in such a manner that it can be stored on a durable information carrier in an easily accessible way:
- the address and phone number of the entrepreneur where the consumer can turn to in case of complaints;
- the conditions under which and the manner in which the consumer may invoke his right of revocation, or a clear notification regarding the right of revocation being excluded;
- information about warranties and existing service after purchase;
- the price, including all taxes on the product, service, or digital content; to the extent applicable, the delivery costs; and the manner of payment, delivery, or implementation of the distance agreement;
- the requirements for cancellation of the agreement if the agreement has a duration of more than one year or if it has an indefinite duration;
- if the consumer has the right of revocation, the model form for revocation.
- In case of a duration contract, the provision in the preceding section is only applicable to the first delivery.
Article 6 – Right of revocation
- The consumer can rescind an agreement regarding the purchase of a product during a reflection period of at least 14 days without statement of reasons. The entrepreneur may ask the consumer about the reason behind revocation, but cannot oblige him to state his reason(s).
- The reflection period referred to in section 1 enters into effect on the day after the consumer, or a third party indicated by the consumer beforehand, which is not the transporter, has received the product, or:
- If the consumer has ordered multiple products on the same order: the day on which the consumer, or a third party indicated by him, has received the last product. The entrepreneur may, on condition he has informed the consumer regarding prior to the ordering process in a clear manner, refuse an order of multiple products with varying delivery times.
- If the delivery of a product consists of several shipments or components: the day on which the consumer, or a third party indicated by him, has received the last shipment or the last component;
- In case of agreements on the regular delivery of products over the course of a specific period: the day on which the consumer, or a third party indicated by him, has received the first product.
For services and digital content which is not delivered on a physical carrier:
- The consumer can rescind a service agreement and an agreement for the delivery of digital content which is not furnished on a physical carrier during at least 14 days without statement of reasons. The entrepreneur may ask the consumer about the reason behind revocation, but cannot oblige him to state his reason(s).
- The reflection period referred to in section 3 enters into effect on the day the agreement is concluded.
Extended reflection period for products, services and digital content which is not furnished on a physical carrier in the event the revocation right is not communicated:
- If the entrepreneur has not provided the consumer with the legally mandatory information regarding the right of revocation or with the model form for revocation, the reflection period expires twelve months after the end of the original reflection period, as established in accordance with the preceding sections of this article.
- If the entrepreneur has furnished the information intended in the preceding section to the consumer within twelve months after the effective date of the original reflection period, the reflection term expires 14 days after the day on which the consumer has received that information.
Article 7 – Obligations of the consumer during the reflection period
- During the reflection period, the consumer will handle the product and the packaging with due care. He will only unwrap or use the product to the extent it is necessary to determine the nature, the characteristics, and the functioning of the product. The basic principle here is that the consumer may only handle and inspect the product in the manner he would be permitted at a physical store.
- The consumer is only liable for the decrease of value of the product which is the result of a manner of handling the product which exceeds what is permitted in section 1.
- The consumer is not liable for the decrease of value of the product if the entrepreneur has not provided him with all legally mandatory information about the right of revocation before or upon conclusion of the agreement.
Article 8 – Exercise of the right of revocation by the consumer and its cost
- If the consumer exercises his right of revocation, he will report such within the reflection term by way of the model form for revocation or in another unambiguous manner by phone, regular mail or e-mail to the entrepreneur.
- As soon as possible, but within 14 days from the day following the notification intended in section 1, the consumer ships the product back or hands it over to (a proxy of) the entrepreneur. This is not necessary if the entrepreneur has offered to pick up the product himself. The consumer has observed the reshipment term in any case if he sends back the product before the reflection period has expired.
- The consumer sends back the product including all furnished accessories, if reasonably possible in its original state and packaging, and in conformity 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 revocation lies with the consumer.
- The consumer bears the direct costs of shipping back the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to carry the cost himself, the consumer does not have to pay for the return shipment.
- If the consumer revokes after first having expressly requested that the implementation of the service which has not been prepared for sale in a limited volume or that a specific quantity commences during the reflection term, the consumer owes the entrepreneur an amount which is proportional to that part of the contract which has been complied with by the entrepreneur at the moment of revocation, as compared to full compliance with the contract.
- The consumer does not bear any costs for the implementation of services which have not been prepared for sale in a limited volume or quantity, if:
- the entrepreneur has not provided the consumer with the legally mandatory information regarding the right of revocation, the compensation of costs in case of revocation, or the model form for revocation, or;
- the consumer has not emphatically requested commencement of the implementation of the service during the reflection period.
- The consumer does not bear costs for the full or partial delivery of digital content not furnished on a physical carrier, if:
- prior to the delivery he has not emphatically approved of starting with the fulfilment of the agreement before the end of the reflection period;
- he has not acknowledged that he forfeits his revocation right in case he grants permission; or
- the entrepreneur has failed to confirm this statement of the consumer.
- If the consumer exercises his revocation right, all additional agreements are legally rescinded.
Article 9 – Obligations of the entrepreneur in case of revocation
- In case the entrepreneur renders possible the notification of revocation by the consumer by electronic means, he will forthwith send confirmation of receipt after this notification.
- The entrepreneur compensates all payments of the consumer, including any possible delivery costs charged by the entrepreneur for the returned product, forthwith though within 14 days following the day on which the consumer reports the revocation to him. Unless the entrepreneur offers to pick up the product himself, he may wait until he has received the product or until the consumer proves that he has sent the product back, depending on what occurs earlier in time.
- For refunding, the entrepreneur uses the same means of payment used by the consumer, unless the consumer agrees to another method. The refund is free of charges for the consumer.
- If the consumer has chosen a more expensive method of delivery than the cheapest, standard one, the entrepreneur does not have to repay the additional costs for the more expensive method.
Article 10 – Exclusion of revocation right
The entrepreneur can exclude the following products and services from the right of revocation, but only if the entrepreneur has stated this clearly in the offer, or at least in a timely manner before conclusion of the agreement:
- Products or services of which the price is linked to fluctuations in the financial markets on which the entrepreneur does not exert any influence and which may occur within the revocation term;
- Agreements concluded through public auction. Intended by a public auction is a method of sale whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is offered the possibility of being personally present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obligated to purchase the products, digital content and/or services;
- Service agreements, after full implementation of the service, but only if:
- the implementation has started with the express prior consent of the consumer; and
- the consumer has stated he forfeits his revocation right as soon as the entrepreneur has fully implemented the agreement.
- Package trips as intended in article 7:500 BW (Dutch Civil Code) and agreements for passenger transport;
- Service agreements for the assignment of accommodation, if the agreement includes a certain date or period of implementation and other than for purposes of habitation, goods transport, car rental services, and catering;
- Agreements regarding recreational activities, if the agreement specifies a certain date or period for implementation;
- Products manufactured according to specifications of the consumer which are not pre-fabricated, and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
- Products which spoil fast or have a limited shelf life;
- Sealed products which due to health protection or hygiene are not fit to be sent back and the sealing of which has been broken after delivery;
- Products which after delivery have irrevocably been mixed with other products;
- Alcoholic beverages whose price was established upon conclusion of the agreement, but whose delivery can only take place after 30 days and whose actual value depends on fluctuations of the market on which the entrepreneur exerts no influence;
- Sealed audio and video recordings and computer software of which the sealing has been broken after delivery;
- Newspapers, magazines, or journals, with the exception of subscriptions thereto;
- The delivery of digital content other than on a physical carrier, but only if:
- the implementation has started with the emphatic prior consent of the consumer; and
- the consumer has stated that he thereby forfeits his revocation right.
Article 11 – The price
- During the validity duration stated in the offer, the prices of the proposed products and/or services are not increased, barring price changes resulting from alterations to VAT rates.
- In derogation to the preceding section, the entrepreneur can offer products or services whose prices are dependent on fluctuations on the financial markets and on which the entrepreneur does not exert any influence, at variable prices. This dependency on fluctuations and the fact that such prices as may be listed are only indicative, is specified in the offer.
- Price increases within 3 months after adoption of the agreement are only permitted if they are the consequence of legal regulations or provisions.
- Price increases from 3 months after adoption of the agreement are only permitted if the entrepreneur has stipulated such, and:
- These are the consequence of legal arrangements or provisions; or
2. the consumer has the authority to cancel the agreement per the day the price increase becomes effective.
- The prices of products or services mentioned in the offer are inclusive of VAT.
Article 12 – Compliance and additional warranty
- The entrepreneur guarantees that the products and/or services are compliant with the agreement, the specifications listed in the offer, with reasonable requirements regarding soundness and/or usability and such legal provisions and/or government regulations as are effective on the date of adoption of the agreement. If so established, the entrepreneur also guarantees that the product is suitable for other than normal use.
- An additional warranty provided by the entrepreneur, his supplier, manufacturer or importer never constitutes a limitation to the legal rights and claims which the consumer can exercise on grounds of the agreement vis-a-vis the entrepreneur in case the latter has fallen short in the fulfilment of his part of the agreement.
- Intended by additional warranty is any commitment of the entrepreneur, his supplier, importer or producer by which these attribute the consumer certain rights or claims which go beyond what they are legally obligated to do in case of falling short in the fulfilment of his part of the agreement.
Article 13 – Delivery and implementation
- The entrepreneur will observe the greatest possible diligence upon the receipt and the implementation of orders for products and when a request for the provision of services is evaluated.
- The place of delivery is considered to be the address indicated by the consumer to the entrepreneur.
- With due regard for what is stipulated regarding this in article 4 of these terms and conditions, the entrepreneur will implement accepted orders with due speed, though no later than within 30 days, unless another delivery term is established. In case delivery is delayed, the consumer will receive notice of this no later than 30 days after he has placed the order. In that case, the consumer has the right to rescind the agreement free of charges and possibly to receive compensation.
- After rescission in conformity with the preceding section, the entrepreneur will refund the amount the consumer has paid forthwith.
- The risk of damaging and/or the going missing of products lies with the entrepreneur until the moment of delivery to the consumer or to a representative indicated beforehand to the entrepreneur, unless it is emphatically established otherwise.
Article 14 – Duration contracts: duration, cancellation, and extension
- The consumer can at all times cancel an agreement entered into for an indefinite time and which stipulates the regular delivery of products or services, with due regard for the cancellation terms established for this and with due regard for a notice period of no more than one month.
- The consumer can at all times cancel an agreement concluded for a fixed time and which stipulates the regular delivery of products or services towards the end of the fixed duration, with due regard for the cancellation terms established for this and with due regard for a notice period of no more than one month.
- With the agreements referred to in the preceding section, the consumer can:
- At all times cancel them without being restricted to a certain moment or period for cancellation;
- Cancel at least in the same manner as they were entered into by him;
- Always cancel with the same notice period as the entrepreneur has stipulated for himself.
- An agreement entered into for a fixed time and which stipulates the regular delivery of products or services may not be tacitly extended or renewed for a fixed duration.
- In derogation to the preceding section, an agreement entered into for a fixed period and which stipulates the regular delivery of newspapers, newsletters and magazines may be tacitly extended by a maximum of three months, if the consumer is able to cancel the extension with a notice term of no more than one month.
- An agreement entered into for a fixed time and which stipulates the regular delivery of products or services may only be tacitly extended if the consumer may cancel at all times with a notice period of no more than one month. The notice period amounts to a maximum of three months in case the agreement stipulates the regular delivery, but no more frequently than once a month, of newspapers, newsletters and (weekly) magazines.
- An agreement of limited duration for the regular – introductory – delivery of newspapers, newsletters, and (weekly) magazines (trial or introductory subscriptions) is not tacitly extended and ends automatically after expiry of the trial, or introductory, period.
- If an agreement has a duration of more than one year, after a year the consumer may at all times cancel the agreement with due regard for a notice period of no more than one month, unless reason and fairness oppose cancellation prior to the end of the established duration.
Article 15 – Payment
- To the extent it has not been established otherwise in the agreement or in supplemental conditions, the amounts owed by the consumer must be paid within 14 days after the effective date of the reflection period, or, in the absence of a reflection period, within 14 days after conclusion of the agreement. In case of an agreement for the provision of a service, this term commences on the day after the consumer has received confirmation of the agreement.
- In case of the sale of products to consumers, the consumer may never be obligated by terms and conditions to pay more than 50% in advance. In case advance payment is stipulated, the consumer cannot enforce any rights regarding the implementation of the relevant order or service(s), before the stipulated advance payment has taken place.
- The consumer has the obligation to report inaccuracies in payment information which was provided or stated to the entrepreneur immediately.
- If the consumer does not comply with his payment obligation(s) in time, after he has been given notice by the entrepreneur regarding the late payment and the entrepreneur has granted the consumer a 14-day term to still comply with his payment obligation(s), after which the payment has still failed to occur within this 14-day term, the consumer owes statutory interest over the amount still due and the entrepreneur has the right to charge him with the incurred extrajudicial collection costs. These collection costs amount to a maximum of: 15% over outstanding amounts until € 2,500; 10% over the next € 2,500, and 5% over the following € 5,000, with a minimum of € 40. The entrepreneur may deviate from the amounts and percentages specified to the advantage of the consumer.
Article 16 – Personal data
- The entrepreneur will observe the greatest possible diligence in processing and storing the consumer’s personal data. Data will not be transferred to third parties, unless a legal obligation to do so exists or pursuant to section 2 and 3 below.
- The consumer consents to personal data provided being used to inform the consumer of the activities and publications of the entrepreneur, through digital communication or otherwise.
- The consumer consents to the personal data provided being used by third parties as part of the entrepreneur’s reasonable interest in carrying out audit-related tasks.
Article 17 – Disputes
- The agreements between the entrepreneur and the consumer to which these terms and conditions apply are governed by Dutch law.
Article 18 – Additional or deviating provisions
Additional provisions or such as deviate from these terms and conditions may not be to the disadvantage of the consumer and must be established in writing, or in such a manner that they can be stored on a durable information carrier by the consumer in an accessible ways.
Appendix I: Form for revocation
Form for revocation
(Only fill out and send back this form if you wish to revoke the agreement.)
To: Nexus Instituut
1101 AT Amsterdam
Phone 085 0471229
I / We* hereby announce to* you that I/we*
revokes / revoke*
our agreement regarding the sale of the following products:
Ordered on / received on*:
[Signature consumer(s)] (only if this form is presented on paper)
* Cross out what is not applicable or fill out what applies.