Terms and Conditions

In these terms the following definitions apply:

1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
2. Consumer: a natural person who is not acting in the course of a profession or business and who enters into a distance contract with the trader;
3. Day: calendar day;
4. Long-term transaction: a distance contract for a series of products and/or services whose delivery and/or purchase obligation is spread over time;
5. Durable data carrier: any means that enables the consumer or trader to store information addressed to him personally in a way that allows future consultation and unchanged reproduction of the stored information;
6. Right of withdrawal: the option for the consumer to renounce the distance contract within the cooling-off period;
7. Model form: the model withdrawal form made available by the trader that the consumer can complete when wishing to exercise their right of withdrawal;
8. Distance contract: a contract whereby, in the context of a system organised by the trader for the distance sale of products and/or services, exclusive use is made of one or more distance communication techniques up to and including the conclusion of the contract;
9. Distance communication technique: a means used to conclude a contract without the consumer and the trader being together in the same room;
10. General Terms: these General Terms and Conditions of the trader.

Flip Meubels
Noordkade 9A, 5462EC Veghel, The Netherlands
Phone: 073 822 9230
Email: [email protected]
Chamber of Commerce: 71212547
VAT: NL858614180B01

These terms apply to every offer made by the trader and to every distance contract concluded between trader and consumer.

Before a distance contract is concluded, the text of these General Terms is made available to the consumer. If this is not reasonably possible, it will be stated before the distance contract is concluded that the General Terms can be inspected at the trader's premises and will be sent free of charge as soon as possible at the consumer's request.

If the distance contract is concluded electronically, in derogation from the previous paragraph and before the distance contract is concluded, the text of these General Terms can 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 the consumer will be informed where the General Terms can be read electronically and that they will be sent free of charge in electronic form or otherwise at the consumer's request.

In the event that, in addition to these General Terms, specific product or service terms apply, the second and third paragraphs apply mutatis mutandis and the consumer may always invoke the applicable provision that is most favourable to them in case of conflicting general terms.

If an offer has a limited duration of validity or is subject to conditions, this will be stated explicitly 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 a proper assessment of the offer by the consumer. If the trader uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the trader.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular: price including taxes; possible delivery costs; the way in which the contract will be concluded and what actions are necessary for that; whether or not the right of withdrawal applies; the method of payment, delivery and performance of the contract; the period for acceptance of the offer; the level of the rate for distance communication if the costs of using the technique deviate from the basic rate; whether the contract is archived after conclusion and how it can be consulted by the consumer; the way the consumer can take note of, before concluding the contract, undesired actions and how to correct them; any languages other than Dutch in which the contract can be concluded; the codes of conduct to which the trader is subject and how the consumer can consult these electronically; and the minimum duration of the distance contract in the case of an extended transaction.

Subject to the provisions in paragraph 4, the contract is concluded at the moment the consumer accepts the offer and the corresponding conditions are met.

If the consumer has accepted the offer electronically, the trader will immediately electronically confirm receipt of the acceptance of the offer. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.

If the contract is concluded electronically, the trader will take suitable technical and organisational measures to safeguard the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader will observe the appropriate security measures.

The trader may — within legal frameworks — investigate whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for responsibly concluding the distance contract. If, on the basis of this investigation, the trader has good reason not to enter into the contract, he is entitled to refuse an order or request, giving reasons, or to attach special conditions to its execution.

The trader will, at the latest on delivery of the product, service or digital content, send the following information with the product 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 trader's establishment where the consumer can lodge complaints; the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear notice that the right of withdrawal is excluded; the information about guarantees and existing after-sales service; the data included in Article 4 paragraph 3 of these terms, unless the trader has already provided this data before performing the contract; the conditions for terminating the contract if it has a duration of more than one year or is indefinite.

In the case of an extended transaction, the provisions of the previous paragraph apply only to the first delivery.

When purchasing products the consumer has the option to dissolve the contract without giving reasons during 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 him and announced to the trader.

During the cooling-off period the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and — if reasonably possible — in original condition and packaging to the trader, in accordance with reasonable and clear instructions provided by the trader.

If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the trader within 14 days of receipt of the product. The consumer must make this known by means of the model form. After the consumer has made known that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of postage.

If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not made known that he wishes to exercise his right of withdrawal or has not returned the product to the trader, the purchase is a fact.

If the consumer exercises his right of withdrawal, at most the costs of return shipment are for his account.

If the consumer has paid an amount, the trader will refund this amount as soon as possible, but at the latest within 14 days after withdrawal. The condition is that the product has already been received back by the trader or that conclusive proof of complete return shipment can be presented.

The trader 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 trader has clearly stated this in the offer, at least in time for the conclusion of the contract.

Exclusion of the right of withdrawal is only possible for products: that have been created by the trader in accordance with the consumer's specifications; that are clearly personal in nature; that cannot be returned due to their nature; that spoil or age quickly; whose price is subject to fluctuations in the financial market over which the trader has no influence; for loose newspapers and magazines; for audio and video recordings and computer software whose seals have been broken by the consumer; for hygienic products whose seals have been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services: concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period; whose delivery has started with the consumer's explicit consent before the cooling-off period has expired; concerning bets and lotteries.

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 derogation from the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations on the financial market over which the trader has no influence with variable prices. These fluctuations and the fact that any quoted prices are target prices are mentioned in the offer.

Price increases within 3 months after conclusion of the contract are only permitted if they are the result of statutory regulations or provisions. Price increases from 3 months after conclusion of the contract are only permitted if the trader has stipulated this and: they are the result of statutory regulations or provisions; or the consumer has the authority to terminate the contract on the day on which the price increase takes effect.

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

The trader warrants 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 existing on the date of conclusion of the contract.

A warranty arrangement provided by the trader, manufacturer or importer as a warranty does not affect the rights and claims that the consumer can assert against the trader on the basis of the contract under the law and/or the distance contract.

Any defects or wrongly delivered products must be reported in writing to the trader within 4 weeks of delivery. Return shipments of the products must take place in the original packaging and in new condition.

The warranty period of the trader corresponds with the manufacturer's warranty period. The trader is, however, 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 himself or has had them repaired and/or modified by third parties; the delivered products are exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the trader and/or have been treated 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.

The trader will take the greatest possible care in taking note of and executing orders for products and in assessing requests for the provision of services.

The delivery address is the address that the consumer has made known to the trader.

With due observance of what is stated about this in Article 4 of these general terms and conditions, the trader will execute accepted orders quickly but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he placed the order. In that case the consumer has the right to dissolve the contract without costs and the right to any compensation.

In the event of dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.

If delivery of an ordered product proves impossible, the trader will make an effort to make a replacement item available. At the latest at delivery it will be reported in a clear and comprehensible manner that a replacement item is delivered. With replacement items the right of withdrawal cannot be excluded. The costs of any return shipment are at the expense of the trader.

The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance by him and announced to the trader, unless explicitly agreed otherwise.

Termination

The consumer may terminate a contract concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a contract concluded for a definite period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the definite period, with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer can, within the contracts of the previous two paragraphs: terminate at any time and not be limited to termination at a specific time or in a specific period; at least terminate them in the same way as he concluded them; always terminate them with the same notice period as the trader has stipulated for himself.

Renewal

A contract concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.

In derogation from the previous paragraph, a contract concluded for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.

A contract concluded for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than three months in case the contract extends to the regular but less than once a month delivery of daily, news and weekly newspapers and magazines.

A contract with a limited duration to the regular introductory 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

If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless the reasonableness and fairness oppose termination before the end of the agreed duration.

Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after commencement of the cooling-off period. In case of a contract for the provision of a service, this period starts after the consumer has received the confirmation of the contract.

The consumer has the duty to report inaccuracies in payment information provided or stated to the trader without delay.

In case of non-payment by the consumer, the trader has the right, subject to legal restrictions, to charge the reasonable costs known in advance to the consumer.

The trader has a sufficiently announced complaints procedure and handles complaints in accordance with this procedure.

Complaints about the performance of the contract must be submitted to the trader fully and clearly described within a reasonable time after the consumer has identified the defects.

Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within the period of 14 days with a notice 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 dispute settlement procedure.

In case of complaints a consumer should first turn to the trader. In case of complaints that cannot be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If a solution has not yet been reached, the consumer has the option to have his complaint handled by the independent dispute committee appointed by Stichting GeschilOnline, the decision of which is binding and both the trader and the consumer agree to this binding decision. Submitting a dispute to this dispute 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 obligations of the trader, unless the trader indicates otherwise in writing.

If a complaint is found to be well-founded by the trader, the trader will, at his option, either replace or repair the delivered products free of charge.

To contracts between the trader and the consumer to which these general terms and conditions apply, Dutch law exclusively applies.

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 they can be stored by the consumer in an accessible manner on a durable data carrier.