Terms of service

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 - Continuing performance contracts: duration, cancellation and renewal Article 13 - Payment Article 14 - Complaints procedure Article 15 - Disputes Article 16 - Additional or deviating provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer can exercise their right of withdrawal;

Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;

Day: calendar day;

Continuing performance transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

Durable data carrier: 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.

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

Model form: the model withdrawal form that the entrepreneur makes available, which the consumer can complete when they wish to exercise their right of withdrawal.

Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;

Distance contract: a contract whereby, within the framework of a system organised 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 contract;

Technique for distance communication: means that can be used to conclude a contract without the consumer and entrepreneur being together in the same room at the same time.

General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

CollectiX, Anjelierstraat 6, Netherlands

T (064) 570-0809 E info@collectix.nl Chamber of Commerce 95582495 VAT number 867191107B01

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent free of charge to the consumer as soon as possible at their request.

If the distance contract is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store them 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, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting terms and conditions, the consumer may always invoke the applicable provision most favourable to them.

If one or more provisions of these general terms and conditions are at any time wholly or partially null or annulled, the agreement and these conditions shall otherwise remain in force, and the provision in question shall be replaced without delay by a provision that approximates the intent of the original as closely as possible.

Situations not covered by these general terms and conditions shall be assessed in accordance with the spirit of these general terms and conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted in accordance with the spirit of these general terms and conditions.

Article 4 - The offer

If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.

The offer is without obligation. The entrepreneur is entitled to modify and adjust 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 properly assess the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

Images accompanying products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the colours displayed exactly match the actual colours of the products.

Each offer contains such information that it is clear to the consumer what the rights and obligations are which are attached to acceptance of the offer. This concerns in particular:

  • the price including taxes;
  • any shipping costs;
  • the manner in which the agreement will be concluded and the actions required to do so;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery and execution of the agreement;
  • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
  • the level of 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 means of communication used;
  • whether the agreement is archived after conclusion, and if so, how the consumer can consult it;
  • the manner in which the consumer can check and, if desired, correct the data they provided under the agreement before concluding the agreement;
  • any other languages in which, in addition to Dutch, the agreement can be concluded;
  • the codes of conduct to which the entrepreneur has subjected themselves 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 continuing performance transaction.

Article 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 the fulfilment of the corresponding conditions.

If the consumer has accepted the offer electronically, the entrepreneur shall 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 may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a safe web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.

The entrepreneur may, within the framework of the law, inform themselves whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for the responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or application with reasons, or to attach special conditions to its execution.

The entrepreneur shall 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 data carrier:

  • the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
  • 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;
  • the information on warranties and existing after-sales service;
  • the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
  • the requirements for cancelling the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a continuing performance transaction, the provision in the previous paragraph applies only to the first delivery.

Every agreement is entered into subject to the suspensive condition of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

For the delivery of products:

When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.

During the cooling-off period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they shall return the product to the entrepreneur with all delivered accessories and — if reasonably possible — in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they are obliged to inform the entrepreneur of this within 14 days of receipt of the product. The consumer must give notice using the model form or by another means of communication, such as by email. 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 were returned on time, for example by means of proof of dispatch.

If the customer has not indicated their wish to exercise their right of withdrawal or has not returned the product to the entrepreneur after the periods referred to in paragraphs 2 and 3, the purchase is final.

For the delivery of services:

When services are delivered, the consumer has the option of dissolving the agreement without giving reasons for at least 14 days, starting on the day the agreement is entered into.

To exercise their right of withdrawal, the consumer shall 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

If the consumer exercises their right of withdrawal, no more than the costs of return shipping shall be borne by them.

If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the web shop owner or that conclusive proof of complete return can be provided. Refunds shall be made using the same payment method used by the consumer, unless the consumer expressly consents to another payment method.

In the event of damage to the product due to careless handling by the consumer, the consumer is liable for any depreciation in the value of the product.

The consumer cannot be held liable for the depreciation of the product if 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

The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

  • which have been produced by the entrepreneur in accordance with the consumer's specifications;
  • which are clearly personal in nature;
  • which by their nature cannot be returned;
  • which are perishable or can age quickly;
  • whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  • for loose newspapers and magazines;
  • for audio and video recordings and computer software whose seal the consumer has broken;
  • for hygienic products whose seal the consumer has broken.

Exclusion of the right of withdrawal is only possible for services:

  • relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
  • whose delivery has begun with the consumer's express consent before the cooling-off period has expired;
  • relating to bets and lotteries.

Article 9 - The price

During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes due to changes in 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 at variable prices. This dependence on fluctuations and the fact that any prices stated are target prices shall be mentioned in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

  • they result from statutory regulations or provisions; or
  • the consumer has the authority to cancel the agreement with effect from the day the price increase takes effect.

The prices stated in the offer of products or services include VAT.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A warranty provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of discovery of the defect.

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.

The warranty does not apply if:

  • the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
  • the delivered products have been exposed to abnormal conditions or otherwise handled carelessly, or are contrary to the instructions of the entrepreneur and/or on the packaging;
  • the unsoundness is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 - Delivery and execution

The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

The address that the consumer has made known to the company shall be deemed the place of delivery.

With due observance of what is stated about this in paragraph 4 of this article, the company shall execute accepted orders with due 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 be executed or can only be partially executed, the consumer shall receive notification of this no later than 30 days after they have placed the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to any compensation.

All delivery periods are indicative. The consumer cannot derive any rights from any periods mentioned. Exceeding a period does not entitle the consumer to compensation.

In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves to be impossible, the entrepreneur shall endeavour to make a replacement item available. At the latest upon delivery, it shall be clearly and comprehensibly reported that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be borne by the entrepreneur.

The risk of damage and/or loss of products shall rest with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Continuing performance contracts: duration, cancellation and renewal

Cancellation

The consumer may cancel at any time an agreement entered into for an indefinite period that involves the regular delivery of products (including electricity) or services, subject to the agreed cancellation rules and a notice period of no more than one month.

The consumer may cancel at any time, with effect from the end of the fixed term, an agreement entered into for a fixed period that involves the regular delivery of products (including electricity) or services, subject to the agreed cancellation rules and a notice period of no more than one month.

The consumer may cancel the agreements referred to in the previous paragraphs:

  • at any time and shall not be restricted to cancellation at a specific time or during a specific period;
  • at least in the same manner in which they were entered into by them;
  • always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

An agreement entered into for a fixed period that involves the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.

Notwithstanding the previous paragraph, an agreement entered into for a fixed period that involves the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer can cancel this extended agreement at the end of the extension with a notice period of no more than one month.

An agreement entered into for a fixed period that involves the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of no more than three months in the event that the agreement involves the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

An agreement of limited duration to regularly deliver daily, news and weekly newspapers and magazines on a trial basis (trial or introductory subscription) shall not be tacitly continued and shall end automatically after the trial or introductory period has expired.

Duration

If an agreement has a duration of more than one year, the consumer may, after one year, cancel the agreement at any time with a notice period of no more than one month, unless reasonableness and fairness preclude cancellation before the end of the agreed duration.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in article 6 paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.

The consumer has the duty to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to statutory limitations, to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure

The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.

Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has discovered the defects.

Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the disputes procedure.

In the event of complaints, a consumer should first contact the entrepreneur. If the web shop is affiliated with WebwinkelKeur and complaints cannot be resolved by mutual agreement, the consumer should contact WebwinkelKeur (www.webwinkelkeur.nl), who will mediate free of charge. Check whether this web shop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the option of having their complaint handled by the independent disputes committee appointed by WebwinkelKeur, whose ruling is binding, and both the entrepreneur and the consumer agree to this binding ruling. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).

A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be well-founded by the entrepreneur, the entrepreneur shall, at their choice, either replace or repair the delivered products free of charge.

Article 15 - Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. This also applies if the consumer is resident abroad.

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.