General terms and conditions
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 - Obligations of the consumer during the cooling-off period
- Article 8 - Exercise of the consumer's right of withdrawal and the costs thereof
- Article 9 - Obligations of the entrepreneur in case of withdrawal
- Article 10 - Exclusion of the right of withdrawal
- Article 11 - The price
- Article 12 - Compliance and additional guarantee
- Article 13 - Delivery and performance
- Article 14 - Long-term transactions: duration, termination and extension
- Article 15 - Payment
- Article 16 - Complaints procedure
- Article 17 - Disputes
- Article 18 - Additional or deviating provisions
Article 1 - Definitions
In these terms and conditions, the following terms shall have the following meanings:
- Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract, and these goods, digital content and/or services are provided by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;
- Cooling-off period: the period during which the consumer can exercise his right of withdrawal;
- Consumer: a natural person who does not act for purposes relating to his trade, business, craft or profession;
- Day: calendar day;
- Digital content: data produced and delivered in digital form;
- Long-term contract: a contract that is aimed at the regular delivery of goods, services and/or digital content over a certain period of time;
- Durable medium: any tool - including email - that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period of time that is tailored to the purpose for which the information is intended, and which allows unchanged reproduction of the stored information;
- Right of withdrawal: the consumer's possibility to withdraw from the distance contract within the cooling-off period;
- Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
- Distance contract: a contract concluded between the entrepreneur and the consumer in the context of an organised system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the contract exclusively or partly use is made of one or more techniques for distance communication;
- Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions. Annex I does not have to be made available if the consumer does not have a right of withdrawal with regard to his order;
- Technique for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur having to be in the same room at the same time.
Article 2 - Identity of the entrepreneur
Cak Textile B.V. - LTB Jeans
Kiotoweg 81, 3047 BG Rotterdam, Netherlands
Telephone number: +31105211071 (Monday to Friday from 09.00 - 17.00)
Email address: [email protected]
Chamber of Commerce number: 24449901
VAT identification number: NL820270283B01
Article 3 Applicability
- These general terms and conditions apply to any offer made by the entrepreneur and to any distance contract concluded between the entrepreneur and the consumer.
- Prior to the conclusion of the distance contract, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur shall indicate, before the distance contract is concluded, in what way the general terms and conditions are available for inspection by the consumer and that they will be sent to the consumer free of charge upon request as soon as possible.
- If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it shall be indicated where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge upon request, either electronically or otherwise.
- In the event that specific product or service conditions are also applicable in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer may always invoke the applicable provision that is most favourable to him in the event of conflicting terms and conditions.
Article 4 The Offer
- If an offer has a limited duration or is subject to conditions, this shall be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Article 5 The Agreement
- The agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein, subject to the provisions of paragraph 4.
- If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm the receipt of 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 organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures for this purpose.
- Within legal limits, the entrepreneur may ascertain whether the consumer can fulfil his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If the entrepreneur has good grounds, based on this investigation, not to enter into the agreement, he is entitled to refuse a request or order or to attach special conditions to its execution, with reasons given.
- At the time of delivery of the product, service or digital content to the consumer, the entrepreneur shall provide the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
- the visitation address of the entrepreneur's establishment where the consumer can file complaints;
- the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement with regard to the exclusion of the right of withdrawal;
- information about guarantees and existing after-sales service;
- the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or execution of the distance agreement;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
- if the consumer has a right of withdrawal, the model withdrawal form.
- In the case of a continuing performance contract, the provision in the previous paragraph shall only apply to the first delivery.
Article 6 Right of withdrawal
- The consumer has the right to dissolve an agreement regarding the purchase of a product within a cooling-off period of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but may not obligate them to provide a reason.
- The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
- if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by the consumer, received the last product. The entrepreneur may refuse an order for multiple products with different delivery times, provided that he has informed the consumer of this in a clear manner prior to the ordering process.
- if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by the consumer, received the last shipment or part;
- for contracts for the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by the consumer, received the first product.
For services and digital content not supplied on a tangible medium:
- The consumer has the right to dissolve a service contract and a contract for the supply of digital content not supplied on a tangible medium for at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but may not obligate them to provide a reason.
- The cooling-off period referred to in paragraph 3 commences on the day following the conclusion of the agreement.
Cooling-off period for products, services and digital content not supplied on a tangible medium in case of failure to inform about the right of withdrawal:
- If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period will expire twelve months after the end of the cooling-off period determined in accordance with the previous paragraphs of this article.
- If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the start of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information.
Article 7 Obligations of the consumer during the cooling-off period
- During the cooling-off period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product. The starting point is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
- The consumer shall only be liable for any diminished value of the product resulting from a manner of handling the product that goes beyond what is permitted in paragraph 1.
- The consumer shall not be liable for any diminished value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the time of concluding the agreement.
Article 8 Exercise of the right of withdrawal by the consumer and the costs thereof
- If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unequivocal manner.
- The consumer shall return or hand over the product to the entrepreneur or to a person authorized by the entrepreneur as soon as possible, but no later than 14 days after the day following the notification referred to in paragraph 1. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
- The consumer shall return the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal shall be borne by the consumer.
- The consumer shall bear the direct cost of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs of return shipment.
- If the consumer withdraws after having expressly requested that the performance of the service or the supply of gas, water or electricity not be made ready for sale in a limited volume or quantity begins during the cooling-off period, the consumer shall owe the entrepreneur an amount proportional to that part of the obligation which the entrepreneur has fulfilled at the time of withdrawal, compared to the full performance of the obligation.
- The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity, not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
- the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in case of withdrawal, or the model withdrawal form; or
- the consumer has not expressly requested the start of the performance of the service or the supply of gas, water, electricity or district heating during the cooling-off period.
- The consumer shall not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
- he has not given his express consent to the commencement of the performance of the agreement before the end of the cooling-off period;
- he has not acknowledged that he will lose his right of withdrawal upon giving his consent; or
- the entrepreneur has failed to confirm this statement from the consumer.
- If the consumer exercises his right of withdrawal, all supplementary agreements shall be dissolved by operation of law.
Article 9 Obligations of the entrepreneur in case of withdrawal
- If the entrepreneur allows the consumer to make the withdrawal notification electronically, he shall send a confirmation of receipt immediately after receiving such notification.
- The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without undue delay and in any event not later than 14 days from the day on which the consumer notified him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may withhold the reimbursement until he has received the product or until the consumer has supplied evidence of having sent back the product, whichever is the earliest.
- The entrepreneur shall use the same means of payment that the consumer used for the initial transaction, unless the consumer has expressly agreed otherwise. In any event, the consumer shall not incur any fees as a result of such reimbursement.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not required to reimburse the additional costs for the more expensive method.
Article 10 Exclusion of the right of withdrawal
The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this at the offer, at least in a timely manner before the conclusion of the contract:
- Products or services whose price is dependent on fluctuations in the financial market that are beyond the control of the entrepreneur and that may occur within the withdrawal period;
- Contracts concluded at a public auction. A public auction means a method of sale whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the supervision of an auctioneer, and whereby the successful bidder is obliged to take the products, digital content and/or services;
- Service agreements after complete performance of the service, but only if:
- the performance has begun with the consumer's prior express consent; and
- the consumer has stated that he will lose his right of withdrawal once the entrepreneur has fully performed the contract;
- Package travel as referred to in Article 7:500 BW and passenger transport agreements;
- Service contracts for the provision of accommodation, if a specific date or period of performance is provided for in the agreement and other than for residential purposes, goods transport, car rental services and catering;
- Contracts relating to leisure activities, if a specific date or period of performance is provided for in the agreement;
- Products that are manufactured according to consumer specifications, which are not prefabricated and which are made based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed products that are not suitable for return due to reasons of health protection or hygiene and whose sealing has been broken after delivery;
- Products that are irreversibly mixed with other products after delivery due to their nature;
- Alcoholic beverages, the price of which has been agreed at the time of the conclusion of the contract, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the trader has no influence;
- Sealed audio, video recordings and computer software, the sealing of which has been broken after delivery;
- Newspapers, magazines or periodicals, with the exception of subscriptions to these;
- The supply of digital content other than on a tangible medium, but only if:
- the performance has started with the consumer's express prior consent; and
- the consumer has declared that he or she loses his or her right of withdrawal in doing so.
Article 11 The price
- During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
- Notwithstanding the preceding paragraph, the trader may offer products or services whose prices are subject to fluctuations on the financial market and over which the trader has no influence, with variable prices. The fact that these prices are indicative and subject to fluctuations will be stated in the offer.
- Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of legal regulations or provisions.
- Price increases from 3 months after the conclusion of the contract are only allowed if the trader has agreed to this and:
- a. they are the result of legal regulations or provisions; or
- b. the consumer has the right to terminate the contract on the day on which the price increase takes effect.
- The prices mentioned in the offer of products or services are inclusive of VAT.
Article 12 Compliance with agreement and additional guarantee
- 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 legal provisions and/or government regulations that existed on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
- An additional guarantee provided by the entrepreneur, its supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill its part of the agreement.
- An additional guarantee means any commitment of the entrepreneur, its supplier, importer, or manufacturer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to do in case it has failed to fulfill its part of the agreement.
Article 13 Delivery and execution
- The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the entrepreneur.
- In accordance with the provisions of Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement at no cost and to claim any damages.
- After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
- The risk of damage to and/or loss of products rests with the entrepreneur until the time of delivery to the consumer or to a pre-designated and communicated representative of the entrepreneur, unless expressly agreed otherwise.
Article 14 Long-term transactions: duration, termination, and extension
- The consumer may terminate an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of at most one month.
- The consumer can terminate an agreement for a fixed term that involves the regular delivery of products (including electricity) or services at any time at the end of the fixed term, with due regard for the agreed-upon termination rules and a notice period of no more than one month.
- 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;
- terminate in the same way as they were entered into;
- always terminate with the same notice period as the entrepreneur has stipulated for themselves.
- An agreement for a fixed term that involves the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a specific period.
- Notwithstanding the previous paragraph, an agreement for a fixed term that involves the regular delivery of daily, news, and weekly newspapers and magazines may be silently renewed for a specific duration of up to three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
- An agreement for a fixed term that involves the regular delivery of products or services may only be silently extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement involves the regular delivery of daily, news, and weekly newspapers and magazines, but less than once a month.
- An agreement with a limited duration for the regular introduction of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be renewed silently and will automatically expire at the end of the trial or introductory period.
- If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 15 Payment
- Unless otherwise agreed upon in the contract or additional terms, amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period, within 14 days after the conclusion of the contract. In the case of a contract for the provision of services, this period starts on the day after the consumer has received confirmation of the contract.
- In the sale of products to consumers, the consumer can never be required to make an advance payment of more than 50% in the general terms and conditions. If an advance payment is agreed upon, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the agreed advance payment has been made.
- The consumer has a duty to report any inaccuracies in provided or stated payment information to the entrepreneur without delay.
- If the consumer does not fulfill his payment obligation(s) in a timely manner, he shall owe statutory interest on the amount still owed after the entrepreneur has reminded him of the late payment and has granted the consumer a 14-day period to fulfill his payment obligations. Furthermore, the entrepreneur shall be entitled to charge the consumer for the extrajudicial collection costs incurred. These collection costs amount to a maximum of 15% on outstanding amounts up to €2,500, 10% on the subsequent €2,500, and 5% on the next €5,000, with a minimum of €40. The entrepreneur may deviate from the aforementioned amounts and percentages to the advantage of the consumer.
Article 16 Complaints procedure
- The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the execution of the contract must be submitted to the entrepreneur in full and clearly described within a reasonable time 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 foreseeable longer processing time, the entrepreneur shall respond within the period of 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.
- The consumer must give the entrepreneur at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is subject to the dispute settlement procedure.
Article 17 Disputes
- Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
Article 18 Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
Download model withdrawal form