Article 1 – DefinitionsIn 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 andunaltered 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 organizedby 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 sametime;● General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.Article 2 – Identity of the entrepreneurElectronics For You B.V.Ambachtsweg 1C, 3831KA Leusden;Phone: 033 – 200 3116Email address: [email protected]Chamber of Commerce number: 93099312VAT identification number: NL866276130B01Article 3 – Applicability1. These general terms and conditions apply to every offer from the entrepreneur and toevery 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 distancecontract 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.