GENERAL TERMS AND CONDITIONS MAKKER ONLINEHOORTOESTEL.NL B.V.
TABLE OF CONTENTS
- Company Information
- Scope of Application
- Definitions
- Offers and Products
- Formation of Agreements
- Prices and Costs
- Right of Cancellation
- Shipping and Delivery
- Conditions During Reflection Period
- Cancellation Procedure
- Refund Policy
- Exceptions to Right of Cancellation
- Warranties and Conformity
- Payment Terms
- Subscriptions and Long-term Agreements
- Complaint Handling
- Dispute Resolution
- Liability
- Amendments to These Terms
1. COMPANY INFORMATION
OnlineHoortoestel.nl B.V. Business Address: Nikkelstraat 43, 1411 AH, Naarden, The Netherlands Availability: Monday through Friday from 09:00 to 17:00 Email: online@makker.nl Chamber of Commerce number: 70108765 VAT identification number: 8581.45.406.B.01
2. SCOPE OF APPLICATION
2.1 These general terms and conditions apply to all offers from OnlineHoortoestel.nl B.V. (hereinafter: "seller") and to all distance contracts concluded between the seller and the consumer.
2.2 Before a distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the seller will indicate how the terms and conditions can be viewed and that they will be sent free of charge upon request.
2.3 If the contract is concluded electronically, the text of these terms and conditions may be made available electronically in such a way that they can be easily stored. If this is not reasonably possible, it will be indicated where the terms and conditions can be viewed electronically.
2.4 If specific product or service terms apply in addition to these general terms and conditions, the most favorable provisions for the consumer shall apply in case of contradictions.
3. DEFINITIONS
In these terms and conditions, the following definitions apply:
a) Seller: OnlineHoortoestel.nl B.V., the provider of products and/or services to consumers.
b) Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the seller.
c) Distance Contract: a contract where exclusive use is made of distance communication means (such as the internet) for the conclusion of the contract.
d) Reflection Period: the period within which the consumer can exercise the right of cancellation.
e) Right of Cancellation: the possibility for the consumer to withdraw from the distance contract within the reflection period.
f) Digital Content: data produced and supplied in digital form.
g) Long-term Agreement: an agreement that provides for the regular delivery of products or services during a certain period.
h) Durable Medium: any means that enables the consumer or seller to store information in a way that allows future consultation and unchanged reproduction of the stored information.
4. OFFERS AND PRODUCTS
4.1 All offers from the seller are non-binding, and the seller expressly reserves the right to change prices, particularly when necessary due to legal requirements.
4.2 All offers are valid while supplies last. The seller clearly indicates any limitations or conditions applicable to the offer.
4.3 The website contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment. Images are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding for the seller.
4.4 Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
5. FORMATION OF AGREEMENTS
5.1 The agreement is formed when the consumer accepts the offer and meets the corresponding conditions.
5.2 If the consumer has accepted the offer electronically, the seller will promptly confirm receipt of this acceptance. Until receipt has been confirmed, the consumer may dissolve the agreement.
5.3 The seller takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. For electronic payments, the seller will observe appropriate security measures.
5.4 Within legal frameworks, the seller may gather information about the consumer's ability to fulfill payment obligations, as well as facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the seller has good reasons not to enter into the agreement, they are entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
5.5 With the delivery to the consumer, the seller will include the following information in writing or on a durable medium:
- The seller's contact details where the consumer can direct complaints
- The conditions and procedure for exercising the right of cancellation, or a clear notification about the exclusion of the right of cancellation
- Information about warranties and service
- The price, delivery costs, and payment method
- The termination conditions if the agreement has a duration of more than one year
- The cancellation form, if applicable
6. PRICES AND COSTS
6.1 The prices indicated for the products and services offered are in euros, including VAT and excluding shipping costs, unless otherwise stated or agreed in writing.
6.2 During the period of validity indicated in the offer, the prices will not be increased, except for price changes resulting from changes in VAT rates or other legal regulations.
6.3 The seller may offer products or services whose prices are subject to fluctuations in the financial market over which the seller has no influence. In such cases, the link to market fluctuations and the fact that any prices mentioned are target prices will be indicated in the offer.
6.4 Price increases within 3 months after the conclusion of the contract are only permitted if they result from legal regulations or provisions.
6.5 Price increases from 3 months after the conclusion of the contract are only allowed if:
- they result from legal regulations or provisions; or
- the consumer has the authority to terminate the contract with effect from the day on which the price increase takes effect.
7. RIGHT OF CANCELLATION
7.1 When purchasing products, the consumer has the right to cancel the contract without giving reasons within a period of 14 days. The seller may ask for the reason for cancellation, but the consumer is not obliged to provide this.
7.2 The reflection period mentioned in 7.1 begins on the day after the consumer, or a third party designated by the consumer (not being the carrier), has received the product, or:
- if the consumer has ordered multiple products in one order: the day on which the last product has been received
- if the delivery of a product consists of different shipments: the day on which the last shipment has been received
- for regular delivery of products during a certain period: the day on which the first product has been received
7.3 For services and digital content not delivered on a tangible medium, the consumer has the right to cancel the contract without giving reasons within 14 days, unless:
- the consumer has expressly agreed to start of service provision within the reflection period
- the consumer has declared to waive the right of cancellation
- the delivery of digital content via a non-material medium takes place with the consumer's express prior consent and acknowledgment of losing the right of cancellation
7.4 The reflection period mentioned in 7.3 begins on the day after the contract has been concluded.
7.5 If the seller has not provided the consumer with the legally required information about the right of cancellation or the model cancellation form, the reflection period expires 12 months after the end of the original reflection period.
7.6 If the information referred to in 7.5 is provided within 12 months after the start date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.
8. SHIPPING AND DELIVERY
8.1 The seller will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
8.2 The place of delivery is the address that the consumer has made known to the seller.
8.3 With due observance of what is stated in article 4, the seller will execute accepted orders expeditiously but no later than 30 days, unless otherwise agreed. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract without costs and is entitled to possible compensation.
8.4 After dissolution in accordance with 8.3, the seller will immediately refund the amount paid.
8.5 The risk of damage to and/or loss of products rests with the seller until the moment of delivery to the consumer or a pre-designated representative made known to the seller, unless expressly agreed otherwise.
9. CONDITIONS DURING REFLECTION PERIOD
9.1 During the reflection period, the consumer should handle the product and packaging with care. The product should only be unpacked and used to the extent necessary to determine the nature, characteristics, and functioning of the product. The basic principle is that the consumer may only handle and inspect the product as would be allowed in a physical store.
9.2 The consumer is liable for any diminished value of the product resulting from handling the product beyond what is permitted in article 9.1.
9.3 The consumer is not liable for diminished value of the product if the seller has not provided all legally required information about the right of cancellation.
10. CANCELLATION PROCEDURE
10.1 To exercise the right of cancellation, the consumer must inform the seller through an unambiguous statement (e.g., in writing, by email, or using the model form) about the decision to cancel the contract.
10.2 The consumer must return the product as quickly as possible, but within 14 days from the day following the notification referred to in 10.1, or hand it over to the seller, unless the seller has offered to collect the product.
10.3 The consumer should return the product with all accessories supplied, if reasonably possible in original condition and packaging, and in accordance with reasonable and clear instructions provided by the seller.
10.4 The risk and burden of proof for the correct and timely exercise of the right of cancellation lies with the consumer.
10.5 The consumer bears the direct costs of returning the product, unless the seller has indicated that they will bear these costs.
10.6 If the consumer exercises the right of cancellation, all supplementary agreements are legally dissolved.
11. REFUND POLICY
11.1 In case of a valid cancellation, the seller will refund all payments received from the consumer, including delivery costs (with the exception of additional costs resulting from the consumer's choice for a delivery method other than the cheapest standard delivery), without delay but within 14 days after receiving the cancellation notification.
11.2 The seller may wait with refunding until they have received the product or until the consumer demonstrates having returned the product, whichever occurs first.
11.3 The seller will use the same payment method for the refund that the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
12. EXCEPTIONS TO RIGHT OF CANCELLATION
The right of cancellation is excluded for the following products and services:
a) Products manufactured according to the consumer's specifications, which are not prefabricated and which are produced based on an individual choice or decision by the consumer, or which are clearly intended for a specific person
b) Products that spoil quickly or have a limited shelf life
c) Sealed products that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery
d) Products that are irrevocably mixed with other products after delivery due to their nature
e) Sealed audio, video recordings, and computer software whose seal has been broken after delivery
f) Services whose execution has begun with the consumer's consent before the expiration of the reflection period
g) Digital content not delivered on a tangible medium, if the execution has begun with the consumer's express prior consent and the consumer has declared that they thereby lose their right of cancellation
h) Newspapers, periodicals, or magazines, with the exception of subscriptions to these
i) Leisure services with a specific date or period of execution
j) Accommodations, goods transport, car rental services, or meals for specific dates
13. WARRANTIES AND CONFORMITY
13.1 The seller guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the contract.
13.2 Any additional guarantee provided by the seller, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the seller based on the contract.
13.3 Any defects or incorrectly delivered products should be reported to the seller in writing within 2 months after delivery. Returns must be made in the original packaging and in new condition.
13.4 The seller's warranty period corresponds with the manufacturer's warranty period. However, the seller 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.
14. PAYMENT TERMS
14.1 Unless otherwise specified in the contract or additional terms, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period, within 14 days after the conclusion of the contract.
14.2 The consumer has the duty to report inaccuracies in provided or stated payment details to the seller without delay.
14.3 In case of non-payment within the agreed payment term, the seller is entitled to charge statutory interest from the day on which payment should have been made at the latest until the day of complete fulfillment. The seller is also entitled to charge extrajudicial collection costs according to the legally applicable scale.
15. SUBSCRIPTIONS AND LONG-TERM AGREEMENTS
15.1 The consumer may terminate an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products or services, at any time, observing the agreed termination rules and a notice period of up to one month.
15.2 The consumer may terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products or services, at any time towards the end of the definite period, observing a notice period of up to one month.
15.3 The consumer may terminate the agreements mentioned in the preceding paragraphs:
- at any time and not be limited to termination at a specific time or during a specific period
- at least in the same manner as they were entered into by the consumer
- always with the same notice period as the seller has stipulated for themselves
15.4 An agreement that has been entered into for a definite period and which extends to the regular delivery of products or services may not be automatically extended or renewed for a specific duration. In case of tacit continuation, it may only be extended for an indefinite period with a notice period of up to one month.
15.5 An agreement with a limited duration for the regular delivery of products for introductory purposes (trial subscription) is not tacitly continued and ends automatically after the trial or introductory period.
15.6 If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after a year with a notice period of up to one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
16. COMPLAINT HANDLING
16.1 The seller has a complaint procedure and handles complaints according to this procedure.
16.2 Complaints about the execution of the contract must be submitted to the seller fully and clearly described within a reasonable time after the consumer has discovered the defects.
16.3 Complaints submitted to the seller will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the seller will respond within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more elaborate response.
17. DISPUTE RESOLUTION
17.1 Dutch law exclusively applies to agreements between the seller and the consumer to which these general terms and conditions apply.
17.2 Disputes between the consumer and the seller about the formation or execution of agreements can be brought before the competent court by both the consumer and the seller.
18. LIABILITY
18.1 The seller is liable for damage that is the result of a shortcoming that can be attributed to them.
18.2 The seller's liability is limited to the amount of the purchase price of the relevant product or service.
18.3 Liability for indirect damage, including consequential damage, lost profit, missed savings, and damage due to business interruption, is excluded.
18.4 The limitations of liability in this article do not apply if the damage is due to intent or gross negligence of the seller.
19. AMENDMENTS TO THESE TERMS
19.1 The seller reserves the right to amend or supplement these terms and conditions.
19.2 Amendments will be communicated to the consumer in writing or by email and will take effect 30 days after the announcement of the amendment, unless a different date is indicated.
19.3 If the consumer does not wish to accept an amendment, they may terminate the agreement as of the date on which the amendment takes effect, unless the seller has indicated that the old general terms and conditions remain applicable to ongoing agreements.
APPENDIX: CANCELLATION FORM
(Please only complete and return this form if you wish to cancel the contract)
To: OnlineHoortoestel.nl B.V. Nikkelstraat 43 1411 AH Naarden The Netherlands Email: online@makker.nl
I/We* hereby give notice that I/we* cancel my/our* contract regarding:
- the sale of the following product: [product description]
- the delivery of the following digital content: [description]
- the provision of the following service: [description]
Ordered on*/received on*: [date]
Name(s) of consumer(s): Address of consumer(s): Signature of consumer(s): (only if this form is submitted on paper)
Date:
*Delete as appropriate.
