Geschäftsbedingungen

Article 1 – Definitions
In these conditions, the following terms are understood to mean:
● Cooling-off period: the period within which the consumer can exercise their right of 
withdrawal;
● Consumer: the natural person who is not acting in the exercise of a profession or 
business and enters into a distance contract with the entrepreneur;
● Day: calendar day;
● Long-term transaction: a distance contract concerning a series of products and/or 
services, the delivery and/or purchase obligation of which is spread over time;
● Durable data carrier: any means that allows the consumer or entrepreneur to store 
information addressed to them personally in a way that allows future consultation and
unaltered reproduction of the stored information;
● Right of withdrawal: the option for the consumer to withdraw from the distance 
contract within the cooling-off period;
● Model form: the model withdrawal form provided by the entrepreneur that a 
consumer can fill in when they want to exercise their right of withdrawal;
● Entrepreneur: the natural or legal person who offers products and/or services to 
consumers at a distance;
● Distance contract: a contract concluded within the framework of a system organized
by the entrepreneur for the distance sale of products and/or services, whereby 
exclusive use is made of one or more techniques for distance communication up to 
and including the conclusion of the contract;
● Technique for distance communication: means that can be used for concluding a 
contract without the consumer and entrepreneur being in the same place at the same
time;
● General Terms and Conditions: the present General Terms and Conditions of the 
entrepreneur.
Article 2 – Identity of the entrepreneur
Electronics For You B.V.
Ambachtsweg 1C, 3831KA Leusden;
Phone: 033 – 200 3116
Email address: [email protected]
Chamber of Commerce number: 93099312
VAT identification number: NL866276130B01
Article 3 – Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to
every distance contract and order concluded between the entrepreneur and the 
consumer.
2. Before the distance contract is concluded, the text of these general terms and 
conditions will be made available to the consumer. If this is not reasonably possible, 
it will be indicated before the distance contract is concluded that the general terms 
and conditions can be viewed at the entrepreneur's premises and will be sent free of 
charge to the consumer as soon as possible upon request.
3. If the distance contract is concluded electronically, the text of these general terms 
and conditions can, in deviation from the previous paragraph and before the distance
contract is concluded, be made available to the consumer electronically in such a 
way that the consumer can easily store them on a durable data carrier. If this is not 
reasonably possible, it will be indicated before the distance contract is concluded
 
where the general terms and conditions can be viewed electronically and that they 
will be sent free of charge electronically or otherwise at the consumer's request.
4. In the event that specific product or service terms apply in addition to these general 
terms and conditions, the second and third paragraphs apply accordingly, and the 
consumer can always invoke the applicable provision that is most favorable to them 
in the event of conflicting terms and conditions.
5. If one or more provisions in these general terms and conditions are at any time 
wholly or partially null and void or annulled, the agreement and these terms and 
conditions will otherwise remain in effect, and the relevant provision will be replaced 
in mutual consultation without delay by a provision that approximates the original as 
closely as possible.
6. Situations that are not regulated in these general terms and conditions should be 
assessed 'in the spirit' of these general terms and conditions.
7. Uncertainties about the interpretation or content of one or more provisions of our 
terms and conditions should be explained 'in the spirit' of these general terms and 
conditions.
Article 4 – The offer
1. If an offer has a limited validity period or is made under conditions, this will be 
expressly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the offered products and/or
services. The description is sufficiently detailed to allow a proper assessment of the 
offer by the consumer. If the entrepreneur uses images, these are a truthful 
representation of the offered products and/or services. Obvious mistakes or obvious 
errors in the offer do not bind the entrepreneur.
4. All images, specifications, and data in the offer are indicative and cannot give rise to 
compensation or dissolution of the agreement.
5. Images accompanying products are a truthful representation of the offered products. 
The entrepreneur cannot guarantee that the displayed colors exactly match the real 
colors of the products.
6. Each offer contains such information that it is clear to the consumer what the rights 
and obligations are that are attached to the acceptance of the offer. This concerns in 
particular:
○ the price including taxes;
○ any costs of delivery;
○ the manner in which the agreement will be concluded and which actions are 
required for this;
○ whether or not the right of withdrawal is applicable;
○ the method of payment, delivery, and execution of the agreement;
○ the term for accepting the offer, or the term within which the entrepreneur 
guarantees the price;
○ the level of the tariff for distance communication if the costs of using the 
technique for distance communication are calculated on a basis other than 
the regular basic tariff for the means of communication used;
○ whether the agreement is archived after its conclusion, and if so, in what way 
it can be consulted by the consumer;
○ the way in which the consumer can check and, if desired, correct the 
information provided by them under the agreement before the conclusion of 
the agreement;
○ any other languages in which, in addition to Dutch, the agreement can be 
concluded;
 
○ the codes of conduct to which the entrepreneur has subjected themselves 
and the way in which the consumer can consult these codes of conduct 
electronically; and
○ the minimum duration of the distance contract in case of a long-term 
transaction.
Article 5 – The agreement
1. The agreement comes into effect, subject to the provisions of paragraph 4, at the 
moment the consumer accepts the offer and meets the corresponding conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will 
immediately confirm receipt of the acceptance of the offer electronically. As long as 
the receipt of this acceptance has not been confirmed by the entrepreneur, the 
consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate 
technical and organizational measures to secure the electronic transfer of data and 
ensure a safe web environment. If the consumer can pay electronically, the 
entrepreneur will take appropriate security measures for this purpose.
4. The entrepreneur can – within legal frameworks – inform whether the consumer can 
meet their payment obligations, as well as all those facts and factors that are 
important for a responsible conclusion of the distance contract. If the entrepreneur 
has good reasons not to enter into the agreement based on this investigation, they 
are entitled to refuse an order or request, stating reasons, or to attach special 
conditions to the execution.
5. The entrepreneur will send the following information with the product or service to the
consumer, in writing or in such a way that it can be stored by the consumer in an 
accessible manner on a durable data carrier: a. the visiting address of the 
entrepreneur's establishment where the consumer can lodge complaints; b. the 
conditions under which and the manner in which the consumer can exercise the right 
of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; 
c. the information on guarantees and existing after-sales service; d. the data included
in article 4, paragraph 3 of these conditions, unless the entrepreneur has already 
provided these data to the consumer before the execution of the agreement; e. the 
requirements for terminating the agreement if the agreement has a duration of more 
than one year or is indefinite.
6. In the case of a long-term transaction, the provision in the previous paragraph only 
applies to the first delivery.
7. Each agreement is entered into under the suspensive conditions of sufficient 
availability of the products concerned.
Article 6 – Right of withdrawal
In case of product delivery:
1. When purchasing products, the consumer has the option to dissolve the agreement 
without giving reasons for a period of 14 days. This cooling-off period starts on the 
day after receipt of the product by the consumer or a previously designated 
representative made known to the entrepreneur by the consumer.
2. During the cooling-off period, the consumer will handle the product and packaging 
with care. They will only unpack or use the product to the extent necessary to 
determine whether they wish to keep the product. If they exercise their right of 
withdrawal, they will return the product with all delivered accessories and – if 
reasonably possible – in the original condition and packaging to the entrepreneur, in 
accordance with the reasonable and clear instructions provided by the entrepreneur.
 
3. When the consumer wishes to exercise their right of withdrawal, they are obliged to 
notify the entrepreneur within 14 days of receipt of the product. The consumer must 
make this known using the model form. After the consumer has made known that 
they wish to exercise their right of withdrawal, the consumer must return the product 
within 14 days. The consumer must prove that the delivered goods were returned in 
time, for example, by means of a proof of shipment.
4. If the customer has not made known their intention to exercise their right of 
withdrawal within the periods mentioned in paragraphs 2 and 3, or has not returned 
the product to the entrepreneur, the purchase is a fact.
In case of service delivery:
1. When providing services, the consumer has the option to dissolve the agreement 
without giving reasons for at least 14 days, starting on the day of entering into the 
agreement.
2. To exercise their right of withdrawal, the consumer will follow the reasonable and 
clear instructions provided by the entrepreneur at the time of the offer and/or at the 
latest upon delivery.
Article 7 – Costs in case of withdrawal
1. If the consumer exercises their right of withdrawal, at most the costs of return 
shipment are for their account.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as 
soon as possible but no later than 14 days after the withdrawal. The condition is that 
the product has already been returned to the web retailer or conclusive proof of 
complete return can be provided.
Article 8 – Exclusion of right of withdrawal
1. The entrepreneur 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 entrepreneur has clearly stated this in the offer, at least in time before the 
conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products: a. that have been 
created by the entrepreneur in accordance with the consumer's specifications; b. that
are clearly personal in nature; c. that by their nature cannot be returned; d. that can 
spoil or age quickly; e. whose price is subject to fluctuations in the financial market 
over which the entrepreneur has no influence; f. for loose newspapers and 
magazines; g. for audio and video recordings and computer software whose seal has
been broken by the consumer; h. for hygienic products whose seal has been broken 
by the consumer; i. for digital products or files that have already been downloaded.
3. Exclusion of the right of withdrawal is only possible for services: a. concerning 
lodging, transport, restaurant business, or leisure activities to be performed on a 
specific date or during a specific period; b. whose delivery has begun with the 
express consent of the consumer before the cooling-off period has expired; c. 
concerning bets and lotteries.
Article 9 – The price
1. During the validity period mentioned 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.
2. In deviation from the previous paragraph, the entrepreneur can offer products or 
services whose prices are subject to fluctuations in the financial market and over
 
which the entrepreneur has no influence, with variable prices. This dependency on 
fluctuations and the fact that any prices mentioned are target prices will be stated in 
the offer.
3. Price increases within 3 months after the conclusion of the agreement are only 
allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only 
allowed if the entrepreneur has stipulated this and: a. they are the result of statutory 
regulations or provisions; or b. the consumer has the authority to terminate the 
agreement from the day the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
6. All prices are subject to printing and typing errors. No liability is accepted for the 
consequences of printing and typing errors. In the event of printing and typing errors, 
the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Guarantee
1. The entrepreneur guarantees that the products and/or services comply with the 
agreement, the specifications stated in the offer, the reasonable requirements of 
reliability and/or usability, and the existing statutory provisions and/or government 
regulations on the date of the conclusion of the agreement. If agreed, the 
entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer, or importer does not affect 
the legal rights and claims that the consumer can assert against the entrepreneur 
based on the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in 
writing within 4 weeks of delivery. The products must be returned in their original 
packaging and in new condition.
4. The entrepreneur's guarantee period corresponds to the manufacturer's guarantee 
period. However, the entrepreneur is never responsible for the ultimate suitability of 
the products for every individual application by the consumer, nor for any advice 
regarding the use or application of the products.
5. The guarantee does not apply if: a. the consumer has repaired and/or modified the 
delivered products themselves or had them repaired and/or modified by third parties; 
b. the delivered products have been exposed to abnormal conditions or otherwise 
treated carelessly or contrary to the instructions of the entrepreneur and/or on the 
packaging; c. the defectiveness is wholly or partially the result of regulations that the 
government has set or will set regarding the nature or quality of the materials used.
Article 11 – Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving and executing 
orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the 
company.
3. With due observance of what is stated in paragraph 4 of this article, the company will 
execute accepted orders with due speed but no later than 30 days, unless the 
consumer has agreed to a longer delivery period. If the delivery is delayed, or if an 
order cannot or can only partially be executed, the consumer will be informed of this 
no later than 30 days after placing the order. In that case, the consumer has the right 
to dissolve the agreement without cost. The consumer is not entitled to 
compensation.
4. All delivery periods are indicative. The consumer cannot derive any rights from any 
stated periods. Exceeding a period does not entitle the consumer to compensation.
 
5. In the event of dissolution in accordance with paragraph 3 of this article, the 
entrepreneur will refund the amount paid by the consumer as soon as possible but no
later than 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will strive to 
provide a replacement article. At the latest at the time of delivery, it will be clearly and
comprehensibly stated that a replacement article is being delivered. For replacement 
articles, the right of withdrawal cannot be excluded. The costs of any return shipment
are for the entrepreneur's account.
7. The risk of damage and/or loss of products rests with the entrepreneur until the 
moment of delivery to the consumer or a pre-designated representative made known 
to the entrepreneur unless expressly agreed otherwise.
8. Business customers must ensure the insurance of the shipment themselves. This 
can be done through their own insurance or by insuring an order extra through 
Electronics For You B.V.. If a business customer has not requested insurance 
through Electronics For You B.V., the customer is responsible for the shipment.
Article 12 – Long-term transactions: duration, termination, and extension
Termination:
1. The consumer can terminate an agreement that has been entered into for an 
indefinite period and that extends to the regular delivery of products (including 
electricity) or services at any time, with due observance of the agreed termination 
rules and a notice period of no more than one month.
2. The consumer can terminate an agreement that has been entered into 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 specified duration, with due observance of the 
agreed termination rules and a notice period of no more than one month.
3. The consumer can terminate the agreements referred to in the previous paragraphs:
○ at any time and is not limited to termination at a specific time or during a 
specific period;
○ at least in the same way as they were entered into by the consumer;
○ always terminate with the same notice period as the entrepreneur has 
stipulated for themselves.
Extension:
1. An agreement that has been entered into for a definite period and that extends to the 
regular delivery of products (including electricity) or services cannot be tacitly 
renewed or extended for a definite period.
2. In deviation from the previous paragraph, an agreement that has been entered into 
for a definite period and that extends to the regular delivery of daily, news, and 
weekly newspapers and magazines may be tacitly renewed for a definite period of a 
maximum of three months if the consumer can terminate this renewed agreement by 
the end of the extension with a notice period of no more than one month.
3. An agreement that has been entered into for a definite period and that extends to the 
regular delivery of products or services may only be tacitly renewed 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 agreement 
extends to the regular but less than once a month delivery of daily, news, and weekly
newspapers and magazines.
4. An agreement with limited duration for the regular 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:
1. 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 13 – Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 
working days after the cooling-off period referred to in article 6, paragraph 1. In the 
case of an agreement to provide a service, this period starts after the consumer has 
received confirmation of the agreement.
2. The consumer has the duty to immediately report inaccuracies in payment details 
provided or stated to the entrepreneur.
3. In the event of default by the consumer, the entrepreneur has the right, subject to 
statutory limitations, to charge the reasonable costs previously made known to the 
consumer.
4. If delivery is on account, payment of the invoice amount must be made within 14 
days of the invoice date without the buyer having the right to a discount or set-off.
5. If, after the expiry of the payment term, Electronics For You B.V. has not yet received
(full) payment, the buyer is in default and owes interest equal to the statutory interest 
applicable for consumer or business transactions, depending on the nature of the 
buyer. All costs incurred by Electronics For You B.V. for legal assistance, bailiffs, and
collection agencies in connection with late or incomplete payments are borne by the 
buyer. The extrajudicial costs are set at at least 10% of the invoice amount with a 
minimum of €150 excluding VAT.
6. All products and goods remain the property of Electronics For You B.V. until 100% of 
the invoice has been paid.
Article 14 – Complaint procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the 
complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly 
described to the entrepreneur within 7 days after the consumer has discovered the 
defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days
from the date of receipt. If a complaint requires a foreseeable longer processing time,
the entrepreneur will respond within the period of 14 days with a notice of receipt and
an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is 
subject to the dispute resolution procedure.
5. In case of complaints, a consumer must first turn to the entrepreneur. If complaints 
cannot be resolved by mutual agreement, the consumer should turn to Stichting 
WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If no 
solution is reached, the consumer has the possibility to submit their complaint to the 
independent dispute resolution committee appointed by Stichting WebwinkelKeur, 
whose decision is binding and which both the entrepreneur and the consumer agree 
to. Submitting a dispute to this dispute resolution committee entails 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).
6. A complaint does not suspend the entrepreneur's obligations unless the entrepreneur
indicates otherwise in writing.
 
 
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its 
discretion, replace or repair the delivered products free of charge.
Article 15 – Disputes
1. Agreements between the entrepreneur and the consumer to which these general 
terms and conditions apply are exclusively governed by Dutch law. This also applies 
if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.
Article 16 – Additional or different provisions
1. Additional provisions or provisions deviating from these general terms and conditions
may not be to the detriment of the consumer and must be recorded in writing or in 
such a way that they can be stored by the consumer in an accessible manner on a 
durable data carrier.