General Terms and Conditions – Virtuoos Com BV
Table of contents:
Article 1 – Definitions
Article 2 – Identity of the entrepreneur Article 3 – Scope of application
Article 4 – The offer Article 5 – The contract Article 6 – Right of withdrawal
Article 7 – Consumer obligations during the cooling-off period
Article 8 – Consumer’s right of withdrawal and related costs Article 9 – Entrepreneur’s obligations in the event of withdrawal
Article 10 – Exclusion of the right of withdrawal Article 11 – The price
Article 12 – Compliance and additional guarantee Article 13 – Delivery and execution
Article 14 – Continuing performance contracts: duration, notice and extension Article 15 – Payments
Article 16 – Complaints procedure Article 17 – Disputes
Article 18 – Additional provisions or derogations
Article 1 – definitions
The following definitions apply to these terms and conditions:
- Supplementary Agreement: an agreement whereby the consumer acquires products, distance contract, and/or services in connection with a distance contract and these items, digital content, and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
- Cooling-off Period: the term within which the consumer may exercise his/her right of withdrawal;
- Consumer: the natural person acting for purposes relating to his/her trade, business, craft, or professional activities;
- Day: a calendar day;
- Digital Content: information that is produced and provided in a digital format;
- Continuing Performance Contract: an agreement that extends to the regular delivery of goods, services, and/or digital content during a specific period;
- Durable Data Carrier: any device or aid, including e-mail, that enables the consumer or entrepreneur to store information that is personally addressed to the consumer or entrepreneur in a manner that makes it possible to consult or use the information in the future for a duration that is in keeping with the purpose for which the information is intended, and that makes unaltered reproduction of the stored information possible;
- Right of Withdrawal: the right that the consumer has within the cooling-off period to cancel the distance contract;
- Entrepreneur: the natural person or legal entity who offers products, digital content, access to this content, and/or services to consumers at a distance;
- Distance Contract: an agreement that is concluded between the entrepreneur and the consumer within the framework of an organized system for the distance sales of products, digital content, and/or services, whereby one or more technologies for remote communication are used exclusively or partly up until the agreement is concluded;
- Standard Cancellation Form: the European standard cancellation form included in Appendix I to these General Terms and Conditions. Appendix I does not have to be made available if the consumer does not have a right of withdrawal with respect to the order.
- Technology for Remote Communication: means that can be used to enter into an agreement, without the consumer and entrepreneur having to be in the same place at the same time.
Article 2 – identity of the entrepreneur
Entrepreneur’s name: Virtuoos Com B.V.
8447 GH Heerenveen,
Monday to Friday from 9:00 AM to 7:00 PM
Chamber of Commerce number: 52913287
VAT identification number: NL850662448B01
Article 3 – scope of application
- These General Terms and Conditions apply to any of the Entrepreneur’s offers and to any Distance Contract entered into between the Entrepreneur and the Consumer.
- The text of these General Terms and Conditions will be made available to the Consumer prior to the conclusion of a Distance Contract. If doing so is not reasonably possible, prior to the conclusion of the Distance Contract the Consumer will be informed about how the General Terms and Conditions can be inspected at the Entrepreneur’s premises and that, at the request of the Consumer, they will be sent as soon as possible free of charge.
- If a Distance Contract is concluded by electronic means, the text of these General Terms and Conditions, notwithstanding the preceding paragraph and prior to the conclusion of the Distance Contract, may be made available to the Consumer by electronic means in such a way as to make it easy for the Consumer to store the text on a Durable Data Carrier. If doing so is not reasonably possible, the Consumer will be informed prior to the conclusion of the Distance Contract of the location at which the General Terms and Conditions can be inspected by electronic means and that, at the request of the Consumer, they will be sent by electronic means or by different means free of charge.
- If specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs will apply mutatis mutandis and, if there are contradictory general terms and conditions, the Consumer may always invoke the applicable provision that is most favourable to the Consumer.
Article 4 – the offer
- If an offer is valid for a limited period of time or if an offer is made subject to conditions, this will be expressly stated in the offer.
- The offer will contain a complete and accurate description of the products, Digital Content and/or services offered. The description will be sufficiently detailed to make it possible for the Consumer to properly assess the offer. If the Entrepreneur uses images, these images will be true representations of the products, services, and/or Digital Content offered. Obvious mistakes or manifest errors in the offer will not bind the Entrepreneur.
- Each offer will contain information that makes the rights and obligations attached to acceptance of the offer clear to the Consumer.
Article 5 – the contract
- Subject to the provisions of paragraph 4, a contract is concluded when the Consumer accepts the offer and the applicable conditions are met.
- If the Consumer has accepted the offer by electronic means, the Entrepreneur must confirm receipt of the acceptance of the offer by electronic means without delay. As long as the Entrepreneur has not confirmed receipt of this acceptance, the Consumer may terminate the contract.
- If a contract is concluded by electronic means, the Entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will provide a secure web environment. If the Consumer is able to pay electronically, the Entrepreneur will comply with appropriate security measures that are in place for the purpose of electronic payment.
- Within the legal framework, the Entrepreneur may ascertain whether the Consumer is capable of meeting his/her payment obligations and may also apprise itself of all facts and factors that are relevant to entering into a Distance Contract in a responsible manner. If, based on this investigation, the Entrepreneur has good reasons for not entering into a Distance Contract, it will be entitled to refuse an order or a request. This refusal must state the reasons, or it may attach special conditions to the execution of an order or a request.
- No later than on delivery of the product or provision of the product, service, or Digital Content to the Consumer, the Entrepreneur will provide the following information in writing or in a form that makes it possible for the Consumer to store the information in an accessible manner on a Durable Data Carrier:
the address of the Entrepreneur’s branch that the Consumer can contact or visit in the event of complaints;
- the conditions under which and the way in which the Consumer can exercise the Right of Withdrawal or a clear notification that the Right of Withdrawal does not apply;
- information about after-sales guarantees and services;
- the Price, including all taxes, the costs of delivery to the extent applicable and the method of payment, delivery, and performance of the contract;
- the requirements for giving notice to terminate the contract if the contract has a duration of more than one year or is open ended;
- if the Consumer has a Right of Withdrawal, the Standard Cancellation Form for Withdrawal.
- If it concerns a Continuing Performance Contract, the provisions of the previous paragraph only apply to the first delivery.
Article 6 – right of withdrawal
- The Consumer may terminate a contract that relates to the purchase of a product without giving reasons within a minimum Cooling-off Period of 14 Days. The Entrepreneur may ask the Consumer for the reasons for the withdrawal, but may not oblige the Consumer to give the reasons.
- The Cooling-off Period referred to in paragraph 1 commences on the Day after the one on which the Consumer, or a third party – other than the carrier – designated by the Consumer in advance, received the product, or:
- if the Consumer placed a single order for several products: on the Day on which the Consumer or a third party designated by the Consumer receives the last product. Provided that the Entrepreneur informed the Consumer in a clear manner prior to the order process, the Entrepreneur may refuse an order for several products with different delivery times.
- if the delivery of a product consists of different consignments or parts: on the Day on which the Consumer or a third party designated by the Consumer receives the last consignment or the last part;
- in the case of contracts for the regular delivery of products for a certain period of time: on the Day on which the Consumer or a third party designated by the Consumer receives the first product.
For services and Digital Content not provided on a tangible medium:
- The Consumer may terminate a service contract for Digital Content that is not provided on a tangible medium within 14 days without giving reasons. The Entrepreneur may ask the Consumer for the reasons for the withdrawal, but may not oblige the Consumer to give the reasons.
- The Cooling-off Period referred to in paragraph 3 commences on the Day after the one on which the contract was concluded.
Extended Cooling-off Period for products, services, and Digital Content not provided on a tangible medium if the Consumer has not been informed of the Right of Withdrawal:
- If the Entrepreneur has not given the Consumer the information about the Right of Withdrawal as required by law, or has not provided the Standard Cancellation Form, the Cooling-off Period will end twelve months after the end of the original Cooling-off Period as established in accordance with the previous paragraphs of this article.
- If the Entrepreneur provides the information referred to in the preceding paragraph within twelve months of the commencement date of the original Cooling-off Period, the Cooling-off Period will end 14 Days after the Day on which the Consumer received the information.
Article 7 – consumer obligations during the cooling-off period
- The Consumer must handle the product and packaging with care during the Cooling-off Period. The Consumer will only unpack or use the product to the extent necessary to determine the nature, characteristics, and operation of the product. The basic principle in this regard is that the Consumer may only inspect and use the product in the way that he/she would be allowed to do in a shop.
- The Consumer will only be liable for a decrease in the value of the product that is the consequence of the product having been handled in a manner over and above the manner permitted in paragraph 1.
- The Consumer will not be liable for a decrease in the value of the product if the Entrepreneur did not provide the Consumer with all of the information required by law regarding the Right of Withdrawal prior to or on the conclusion of the Distance Contract.
Article 8 – the consumer’s exercise of the right of withdrawal and associated costs
- If the Consumer elects to exercise his/her Right of Withdrawal, he/she must use the Standard Cancellation Form or another unequivocal means of giving notice to the Entrepreneur that he/she is exercising this right and this must be done within the Cooling-off Period.
- The Consumer must return the product or hand the product over to the Entrepreneur or to an authorized representative of the Entrepreneur as soon as possible and in any case within 14 Days of the Day following the one on which the notice referred to in paragraph 1 was given. The Consumer does not need to do this if the Entrepreneur has offered to collect the product. The Consumer will in any case have complied with the term for returning the product if he/she returns the product prior to the end of the Cooling‑off Period.
- The Consumer must return the product and all accessories delivered in the original state and packaging if reasonably possible and in accordance with the Entrepreneur’s reasonable and clear instructions.
- The risk and burden of proof with respect to the proper exercising of the Right of Withdrawal within the applicable period of time lies with the Consumer.
- The Consumer will bear the direct costs of returning the product. The Consumer will not be required to bear the costs of returning the product if the Entrepreneur has not stated that the Consumer must bear these costs or if the Entrepreneur states that it will bear these costs.
- If the Consumer withdraws after having expressly asked for the performance of the service or the supply of gas, water, or electricity not prepared for sale in a limited volume or specific quantity to commence during the Cooling-off Period, the Consumer will owe the Entrepreneur an amount that is proportional to the part of the contract already performed by the Entrepreneur at the time of the cancellation relative to performance of the contract in full.
- The Consumer will not bear any costs for the performance of services or the supply of water, gas, or electricity not prepared for sale in a limited volume or quantity, or for the supply of district heating, if:
- the Entrepreneur did not provide the Consumer with the information required by law regarding the Right of Withdrawal, the reimbursement of costs in the event of cancellation or the Standard Cancellation Form; or
- the Consumer did not expressly ask for the service or the supply of water, gas, electricity, or district heating to commence during the Cooling-off Period.
- The Consumer will not bear any costs for the full or partial delivery of Digital Content not supplied on a tangible medium, if:
- prior to the delivery, he/she has not expressly agreed to commence performance of the contract before the end of the Cooling-off Period;
- he/she has not acknowledged that he/she has lost his/her Right of Withdrawal when giving his/her consent; or
- the Entrepreneur fails to confirm the Consumer’s statement.
- If the Consumer exercises the Right of Withdrawal, all Supplementary Agreements will be terminated by operation of law.
Article 9 – entrepreneur’s obligations in the event of withdrawal
- If the Entrepreneur makes it possible for the Consumer to give notice of cancellation by electronic means, the Entrepreneur will send confirmation of receipt without delay after receiving this notice.
- the Entrepreneur will reimburse all payments made by the Consumer, including any delivery costs charged by the Entrepreneur, for the returned product without delay and in any case within 14 Days following the Day on which the Consumer gives informs it of the withdrawal. Unless the Entrepreneur offers to collect the product, it may defer repayment until it has received the product or until the Consumer has shown that he/she has sent the product back, whichever event occurs first.
- To effect repayment, the Entrepreneur will use the same method of payment that the Consumer used, unless the Consumer agrees to a different method. The repayment will take place at no cost to the Consumer.
- If the Consumer opted for a delivery method that was more expensive than the most inexpensive standard delivery method, the Entrepreneur will not be required to repay the additional costs for the more expensive method.
Article 10 – exclustion of the right of withdrawal
The Entrepreneur may exclude the applicability of the Right of Withdrawal for the following products and services, but only if the Entrepreneur gave clear notice of this exclusion in the offer or at any rate in good time prior to the conclusion of the contract:
- products or services for which the price depends on fluctuations in the financial market over which the Entrepreneur has no control and that occur within the Right of Withdrawal period;
- contracts entered into during a public auction. ‘Public auction’ means a sales method in which the Entrepreneur offers products, digital content, and/or services to the Consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content, and/or services;
- service contracts, after performing the service in full, but only if:
- the performance commenced with the express prior agreement of the Consumer; and
- the Consumer has stated that he/she will lose his/her Right of Withdrawal as soon as the Entrepreneur has performed the contract in full;
- package tours as referred to in Book 7 Article 500 of the Dutch Civil Code and contracts of carriage of persons;
- service contracts for the provision of accommodation, if a specific date or period of performance is provided for in the contract and other than for residential purposes, goods transport, car rental services and catering;
- service contracts concerning leisure activities, if a specific date or period of performance is provided for in the contract;
- products manufactured in accordance with the specifications of the Consumer that are not prefabricated and that are manufactured based on the Consumer’s individual choice or decision, or that are clearly intended for a specific person;
- perishables or products that have a short shelf life;
- sealed products that are not suitable for returning due to health protection or hygiene reasons and of which the seal was broken after delivery;
- products that by their nature are irrevocably mixed with other products after delivery;
- alcoholic beverages for which the price was agreed on during the conclusion of the contract, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the Entrepreneur has no control;
- sealed audio and video recordings and computer software for which the seal was broken after delivery;
- newspapers, journals, or magazines, with the exception of subscriptions for them;
- the delivery of Digital Content other than on a tangible medium, but only if:
- the performance commenced with the express prior agreement of the Consumer; and
- the Consumer has stated that he/she will lose his/her Right of Withdrawal.
Article 11 – the price
- During the term of validity stated in the offer, the price of the products and/or services offered will not be increased, except if prices change due to changes in VAT rates.
- Contrary to the provisions of the previous paragraph, the Entrepreneur is entitled to offer variable prices for products or services that are subject to fluctuations in the financial market and over which the Entrepreneur has no control. This dependence on fluctuations and the fact that any prices mentioned are guideline prices will be stated in the offer.
- Price increases within three months following the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
- Price increases after three months following the conclusion of the contract are only permitted if they were stipulated by the Entrepreneur and:
- the increases are the result of statutory regulations or provisions; or
- the Consumer has the right to terminate the contract effective as of the Day on which the price increase takes effect.
- The prices of the products or services stated in the offer include VAT.
Article 12 – compliance with the contract and additional guarantee
- The Entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements regarding reliability and/or usability, and the statutory provisions and/or government regulations in force on the date on which the contract was concluded. If so agreed, the Entrepreneur also guarantees that the product is suitable for use other than normal use.
- Any additional guarantee provided by the Entrepreneur, its subcontractor, manufacturer, or importer may never limit the legal rights and claims that the Consumer may enforce against the Entrepreneur by virtue of the contract if the Entrepreneur fails to perform its part of the contract.
- ‘Additional guarantee’ means each obligation assumed by the Entrepreneur, its subcontractor, importer, or manufacturer under which the Entrepreneur grants the Consumer certain rights or claims that, in terms of scope, exceed those that the Entrepreneur is required to grant by law if it has failed to perform its part of the contract.
Article 13 – delivery and execution
- The Entrepreneur will exercise the greatest possible care when receiving and executing orders for products, and when assessing requests for the provision of services.
- The delivery location is the address that the Consumer has made known to the Entrepreneur.
- With due observance of the relevant provisions of Article 4 of these General Terms and Conditions, the Entrepreneur will execute accepted orders expeditiously and in any case within 30 Days, unless a different delivery period has been agreed. If the delivery is delayed or if the order cannot be executed or can only be partially executed, the Consumer will be informed of this no later than 30 Days after the Consumer placed the order. The Consumer will in that case have the right to terminate the contract without incurring costs and is entitled to compensation if applicable.
- Following termination in accordance with the preceding paragraph, the Entrepreneur will pay back the amount paid by the Consumer without delay.
- The risk of damage to and/or the loss of products lies with the Entrepreneur until the time at which the products are delivered to the Consumer or to a representative designated and made known to the Entrepreneur in advance, unless expressly agreed otherwise.
Article 14 – continuing performance contracts: duration, termination and extension
- The Consumer is entitled to cancel a contract that has been concluded and that extends to the regular delivery of products (including electricity) or services, for an indefinite period at any time, with due observance of the agreed cancellation rules and a notice period of one month at most.
- The Consumer is entitled to cancel a contract that has been concluded for a fixed term and that extends to the regular delivery of products (including electricity) or services, for an indefinite period at any time at the end of the fixed term,with due observance of the agreed cancellation rules and a notice period of one month at most.
- The Consumer is entitled to cancel the contracts referred to in the previous paragraphs:
- at all times and not be limited to cancellation at a specific time or in a specific period;
- by giving notice in the same way as he/she entered into them;
- and always give notice based on the same period of notice as the one stipulated by the Entrepreneur itself.
- A contract that has been entered into for a fixed term and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a fixed term.
- Contrary to the provisions of the previous paragraph, a contract that has been entered into for a fixed term and that extends to the regular delivery of daily newspapers, weekly newspapers, and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the Consumer is entitled to terminate this extended contract at the end of the extension with a notice period of no more than one month.
- A contract that has been entered into for a fixed term and that extends to the regular delivery of products or services may only be renewed tacitly for an indefinite period if the Consumer is at all times entitled to terminate the contract with a notice period of no more than one month. The notice period is three months at most if the contract extends to the regular delivery of daily newspapers, weekly newspapers, and magazines, but these deliveries are for less often than once a month.
- Short-term contracts for the regular delivery of daily newspapers, weekly newspapers, and magazines (trial or introductory subscription) are not renewed tacitly and end automatically at the end of the trial or introductory period.
- If a contract has a duration of more than one year, the Consumer may cancel the contract at any time after one year, subject to a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 15 – payments
- Insofar as not otherwise stipulated in the contract or additional conditions, the amounts owed by the Consumer must be paid within 14 Days following the commencement of the Cooling‑off Period or, if a Cooling-off Period does not apply, within 14 Days following the conclusion of the contract. If it concerns a contract for services, this payment term commences on the Day after the one on which the Consumer received confirmation of the contract.
- Regarding the selling of products to Consumers, the Consumer may never be obliged in General Terms and Conditions to pay more than 50% in advance. If an advance payment is required, the Consumer may not exercise any right with respect to the execution of the order or services concerned before the stipulated advance payment has been made.
- The Consumer has a duty to inform the Entrepreneur of inaccuracies in payment details provided or specified without delay.
- If the Consumer fails to fulfil his/her payment obligations on time, and after he/she has been informed by the Entrepreneur of the late payment and the Entrepreneur has granted the Consumer an additional term of 14 Days within which to fulfil his/her payment obligations and the Consumer still fails to fulfil his/her payment obligations within this additional term of 14 Days, the Consumer will owe statutory interest on the amount still owed and the Entrepreneur will be entitled to charge the extrajudicial collection costs that it incurs. These collection charges will be capped at: 15% of outstanding amounts up to €2,500; 10% over the next €2,500 and 5% over the next €5,000, with a minimum of €40. The Entrepreneur may deviate from the stated amounts and percentages in the Consumer’s favour.
Article 16 – complaints procedure
- The Entrepreneur has a properly published complaints procedure and handles complaints according to this procedure.
- Complaints about the performance of the contract must be fully and clearly described and submitted to the Entrepreneur within a reasonable period of time following the Consumer’s discovery of the shortcomings.
- The Entrepreneur will respond to complaints submitted within 14 Days following the date on which the complaint was received. If it is foreseen that more time is required to handle a complaint, the Entrepreneur will reply within the term of 14 Days to confirm receipt and provide an indication of when the Consumer may expect a more detailed reply.
- The Consumer must in any case give the Entrepreneur four weeks to resolve the complaint in joint consultation. Once this term has lapsed, the complaint will constitute a dispute that is subject to the dispute settlement procedure.
Article 17 – disputes
- Contracts between the Entrepreneur and the Consumer to which these General Terms and Conditions pertain are governed exclusively by Dutch law.
Article 18 – additional provisions or derogations
Additional provisions or derogations 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 in an accessible way on a Durable Data Carrier.
Appendix I: standard cancellation form
Standard cancellation form
only complete and return this form if you wish to cancel the contract.
Virtuoos Com B.V.
8447 GH Heerenveen,
I hereby inform you that I wish to cancel my contract regarding the sale of the following products:
Order on (date): ………………………………………………..
Order number: ……………………………………………………………..
Consumer’s signature: ………………………………………………………