Terms and Conditions
General Terms and Conditions - Neutral Version
Table of Contents:
Article 1 - Definitions
Article 2 - Identity of the Entrepreneur
Article 3 - Applicability
Article 4 - The Offer
Article 5 - The Agreement
Article 6 - Right of Withdrawal
Article 7 - Obligations of the Consumer During the Cooling-off Period
Article 8 - Exercise of the Right of Withdrawal by the Consumer and Costs Thereof
Article 9 - Obligations of the Entrepreneur in Case of Withdrawal
Article 10 - Exclusion of the Right of Withdrawal
Article 11 - The Price
Article 12 - Performance of the Agreement and Additional Guarantee
Article 13 - Delivery and Execution
Article 14 - Continuing Performance Contracts: Duration, Termination, and Extension
Article 15 - Payment
Article 16 - Complaints Procedure
Article 17 - Disputes
Article 18 - Additional or Different Provisions
Article 1 - Definitions
For the purposes of these terms and conditions, the following definitions apply:
- Supplementary Agreement: an agreement whereby the consumer acquires products, digital content, 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 based on an arrangement between that third party and the entrepreneur;
- Cooling-off Period: the period within which the consumer can exercise their right of withdrawal;
- Consumer: a natural person who does not act for purposes related to their trade, business, craft, or profession;
- Day: calendar day;
- Digital Content: data produced and supplied in digital form;
- Continuing Performance Contract: an agreement that extends to the regular delivery of goods, services, and/or digital content over a specific period;
- Durable Medium: any tool - including email - that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation or use during a period appropriate to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
- Right of Withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
- Entrepreneur: the natural or legal person who offers products, (access to) digital content, and/or services to consumers at a distance;
- Distance Contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for the distance sale of products, digital content, and/or services, whereby exclusive or joint use is made of one or more techniques for distance communication up to and including the moment at which the agreement is concluded;
- Model Withdrawal Form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I does not have to be provided if the consumer has no right of withdrawal with respect to their order;
- Technique for Distance Communication: means that can be used to conclude an agreement without the consumer and entrepreneur having to be in the same place at the same time.
Article 2 - Identity of the Entrepreneur
PrepPack.nl (part of Happy Holding B.V.)
Sallandstraat 32
7419 VW
Deventer
Email: info@preppack.nl
Chamber of Commerce number:
VAT identification number:
If the entrepreneur's activity is subject to a relevant licensing regime: the details of the supervisory authority.
If the entrepreneur practices a regulated profession:
- the professional association or organization with which they are affiliated;
- the professional title, the place in the EU or the European Economic Area where it is awarded;
- a reference to the professional rules applicable in the Netherlands and instructions on where and how these professional rules can be accessed.
Article 3 - Applicability
- These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
- 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, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.
- If the distance contract is concluded electronically, then in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs will apply mutatis mutandis, and the consumer can always invoke the applicable provision that is most favorable to them in the event of conflicting conditions.
Article 4 - The Offer
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these will be a true representation of the offered products, services, and/or digital content. Obvious errors or mistakes in the offer are not binding on the entrepreneur.
- Every 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.
Article 5 - The Agreement
- The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set therein.
- 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.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
- The entrepreneur may, within the bounds of the law, gather information about the consumer's ability to fulfill their payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request or to impose special conditions on the execution.
- The entrepreneur will, at the latest upon delivery of the product, service, or digital content, provide the consumer with the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
- the address of the entrepreneur's business where the consumer can lodge complaints;
- 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;
- information on guarantees and existing after-sales services;
- the price, including all taxes, of the product, service, or digital content; where applicable, the cost of delivery; and the method of payment, delivery, or performance of the distance contract;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
- if the consumer has a right of withdrawal, the model withdrawal form.
- In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.
Article 6 - Right of Withdrawal
For products:
- The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal but cannot oblige them to state their reason(s).
- The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer, who is not the carrier, has received the product, or:
- if the consumer ordered several products in the same order: the day on which the consumer, or a third party designated by them, received the last product. The entrepreneur may, provided they have clearly informed the consumer prior to the ordering process, refuse an order for multiple products with different delivery times.
- if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or the last part;
- in the case of agreements for regular delivery of products over a specified period: the day on which the consumer, or a third party designated by them, received the first product.
For services and digital content not supplied on a tangible medium:
- The consumer can dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium within at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal but cannot oblige them to state their reason(s).
- The cooling-off period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.
Extended cooling-off period for products, services, and digital content not supplied on a tangible medium in case of failure to inform about the right of withdrawal:
- If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
- If the entrepreneur provided the information referred to in the previous paragraph to the consumer within twelve months after the starting date of the original cooling-off period, the cooling-off period expires 14 days after the day the consumer received that information.
Article 7 - Obligations of the Consumer During the Cooling-off Period
- During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a store.
- The consumer is only liable for the depreciation of the product resulting from handling the product in a manner that goes beyond what is permitted in paragraph 1.
- The consumer is not liable for the depreciation of the product if the entrepreneur has not provided them with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 - Exercise of the Right of Withdrawal by the Consumer and Costs Thereof
- If the consumer exercises their right of withdrawal, they must notify the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unequivocal manner.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product or hand it over to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product themselves. The consumer has complied with the return period in any case if they return the product before the cooling-off period has expired.
- The consumer will return the product with all delivered accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
- The consumer bears the direct costs of returning the product. If the entrepreneur has not informed the consumer that they have to bear these costs or if the entrepreneur indicates that they will bear the costs themselves, the consumer does not have to bear the costs for return shipment.
- If the consumer withdraws after first explicitly requesting that the performance of the service or the supply of gas, water, or electricity that are not ready for sale in a limited volume or quantity commence during the cooling-off period, the consumer owes the entrepreneur an amount proportional to that part of the obligation that was fulfilled by the entrepreneur at the time of withdrawal, compared to the full performance of the obligation.
- The consumer does not bear any costs for the performance of services or the supply of water, gas, or electricity, which are not ready for sale in a limited volume or quantity, or for the supply of district heating, if:
- the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in case of withdrawal, or the model withdrawal form, or;
- the consumer has not explicitly requested the commencement of the service or supply of gas, water, electricity, or district heating during the cooling-off period.
- The consumer does not bear any costs for the full or partial supply of digital content not delivered on a tangible medium, if:
- they have not explicitly agreed to begin the performance of the agreement before the end of the cooling-off period;
- they have not acknowledged that they lose their right of withdrawal when giving their consent; or
- the entrepreneur has failed to confirm this statement from the consumer.
- If the consumer exercises their right of withdrawal, any supplementary agreements are dissolved by operation of law.
Article 9 - Obligations of the Entrepreneur in Case of Withdrawal
- If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, they will immediately send an acknowledgment of receipt upon receiving this notification.
- The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait with the repayment until they have received the product or until the consumer proves that they have returned the product, whichever comes first.
- The entrepreneur will use the same payment method that the consumer used for reimbursement unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
- If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
Article 10 - Exclusion of the Right of Withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly stated this in the offer, or at least in time before concluding the agreement:
- Products or services whose price is subject to fluctuations in the financial market that are beyond the entrepreneur's control and which may occur within the withdrawal period;
- Agreements concluded during a public auction. A public auction is defined as a sales method where products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the possibility to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services;
- Service agreements, after full performance of the service, but only if:
- the performance has begun with the consumer's explicit prior consent; and
- the consumer has declared that they lose their right of withdrawal once the entrepreneur has fully performed the agreement;
- Package travel as referred to in Article 7:500 of the Dutch Civil Code and agreements for passenger transport;
- Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance, and other than for residential purposes, goods transport, car rental services, and catering;
- Agreements related to leisure activities if the agreement provides for a specific date or period of performance;
- Products made to the consumer's specifications that are not prefabricated and are made based on an individual choice or decision of the consumer, or that are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
- Products that, after delivery, by their nature, are irrevocably mixed with other products;
- Alcoholic beverages, the price of which was agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market that are beyond the entrepreneur's control;
- Sealed audio or video recordings and computer software, whose seal has been broken after delivery;
- Newspapers, periodicals, or magazines, except for subscriptions to these;
- The delivery of digital content other than on a tangible medium, but only if:
- the performance has begun with the consumer's explicit prior consent; and
- the consumer has declared that they thereby lose their right of withdrawal.
Article 11 - The Price
- During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
- In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and which are beyond the entrepreneur's control, at variable prices. This linkage to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the right to terminate the agreement as of the day the price increase takes effect.
- The prices mentioned in the offer of products or services include VAT.
Article 12 - Performance of the Agreement and Additional Guarantee
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, 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.
- Any additional guarantee provided by the entrepreneur, their supplier, manufacturer, or importer never limits the statutory rights and claims that the consumer can assert against the entrepreneur based on the agreement if the entrepreneur has failed to fulfill their part of the agreement.
- An additional guarantee means any commitment by the entrepreneur, their supplier, importer, or manufacturer in which they grant the consumer certain rights or claims that go beyond what they are legally required to do in case they fail to fulfill their part of the agreement.
Article 13 - Delivery and Execution
- The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the entrepreneur.
- With due observance of the provisions of Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and the right to possible compensation.
- After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
- 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 and announced representative to the entrepreneur, unless expressly agreed otherwise.
Article 14 - Continuing Performance Contracts: Duration, Termination, and Extension
Termination:
- 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.
- 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 definite period with due observance of the agreed termination rules and a notice period of no more than one month.
- The consumer can terminate the agreements referred to in the previous paragraphs:
- at any time and not be limited to termination at a specific time or during a specific period;
- at least terminate 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:
- An agreement entered into for a definite period and that extends to the regular delivery of products (including electricity) or services cannot be tacitly extended or renewed for a definite period.
- In deviation from the previous paragraph, an agreement entered into for a definite period and that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite period of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
- An agreement entered into for a definite period and that extends to the regular delivery of products or services can only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month. The notice period is no more than three months if the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
- An agreement with a 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:
- 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 dictate otherwise.
Article 15 - Payment
- Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
- When selling products to consumers, the consumer can never be obliged to make an advance payment of more than 50% in general terms and conditions. When advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
- The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
- If the consumer does not fulfill their payment obligation(s) on time, they are, after being notified by the entrepreneur of the late payment and given a period of 14 days to still fulfill their payment obligations, after failing to pay within this 14-day period, owe the statutory interest on the amount still due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by them. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the subsequent €2,500; and 5% on the following €5,000 with a minimum of €40. The entrepreneur can deviate from these amounts and percentages in favor of the consumer.
Article 16 - Complaints Procedure
- The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
- Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
- The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute resolution procedure.
Article 17 - Disputes
- Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
Article 18 - Additional or Different Provisions
Additional or different provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.
Annex I: Model Withdrawal Form
Model Withdrawal Form
(complete and return this form only if you wish to withdraw from the contract)
To:
PrepPack.nl
Bloemstraat 3G
7419 BT Deventer
info@preppack.nl
I/We* hereby inform you that I/we* withdraw from our agreement regarding
the sale of the following products: [product description]*
the supply of the following digital content: [digital content description]*
the performance of the following service: [service description]*,
withdraw/withdraws*
Ordered on*/received on* [date of order for services or receipt for products]
[Name of consumer(s)]
[Address of consumer(s)]
[Signature of consumer(s)] (only if this form is submitted on paper)
[Date]
* Delete as appropriate or fill in as appropriate.
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