Article 1 - Definitions
In these terms and conditions, the following definitions shall apply:
1. Reflection period: the period within which the consumer can make use of his right of withdrawal;
2. 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 entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract relating to a series of products and / or services of which the delivery and / or purchase obligation is spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
7. Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance;
8. Distance contract: an agreement whereby in the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
9. Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur being together in the same room at the same time.
Article 2 - Identity of the entrepreneur
You Are Special BV
Chamber of Commerce number: 73213489
VAT identification number: NL220473572B01
If the entrepreneur's activity is subject to a relevant licensing regime: the details of the supervisory authority: If the entrepreneur is engaged in a regulated profession:
- the professional association or organization with which he is 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 indications where and how these professional rules can be accessed.
Article 3 - Applicability
1. 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.
2. Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general conditions are available for perusal at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible, at the consumer's request.
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general conditions may 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, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that they will be sent free of charge to the consumer, at his request, either electronically or in another way.
4. In case in addition to these general conditions also specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and the consumer in case of conflicting general conditions always rely on the applicable provision that is most favorable to him.
Article 4 - The agreement
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images these are a true reflection of the products and / or services offered. Obvious mistakes or obvious errors in the offer will not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
o the price including taxes;
o the possible costs of delivery;
o the way in which the agreement will be concluded and which actions are required for this;
o whether or not the right of withdrawal is applicable;
o the method of payment, delivery and implementation of the agreement;
o the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
o the size 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;
o whether the agreement is archived after its conclusion and, if so, in what way it can be consulted by the consumer;
o the manner in which the consumer, before concluding the contract, can check the data provided by him in the context of the contract and, if desired, correct them;
o any other languages in which, besides Dutch, the contract can be concluded;
o the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
o the minimum duration of the distance contract in the event of an extended transaction.
Article 5 - The agreement
1. The contract is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the fulfilment of the conditions thereby stipulated.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.
3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur may - within legal limits - obtain information about the consumer's ability to fulfill his payment obligations, as well as about all those facts and factors which are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or request while giving reasons, or to attach special conditions to the implementation.
5. The entrepreneur will, together with the product or service, send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible way on a durable data carrier:
a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
b. the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear statement concerning 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 prior to 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 case of a duration contract, the provision in the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
1. When purchasing products, the consumer has the possibility of dissolving the contract, without giving reasons, during 7 days. This period starts on the day after receipt of the product by the consumer or a previously designated by the consumer and the entrepreneur announced representative.
2. During the cooling-off period the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he uses his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, according to the entrepreneur provided reasonable and clear instructions.
Article 7 - Costs in case of withdrawal
1. If the consumer makes use of his right of withdrawal, he shall bear no more than the cost of return shipment.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.
Article 8 - Exclusion of the right of withdrawal
1. The entrepreneur can exclude the consumer's right of withdrawal as far as provided for in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the contract.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with the specifications of the consumer;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature
d. that spoil or age quickly;
e. whose price depends on fluctuations in the financial market on which the entrepreneur has no influence;
f. for single newspapers and magazines;
g. audio and video recordings and computer software of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
b. of which the delivery has started with the express consent of the consumer before the cooling-off period has expired;
c. concerning betting and lotteries.
Article 9 - The price
1. During the period of validity mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the trader's control, at variable prices. This link to fluctuations and the fact that any prices mentioned are recommended prices will be mentioned with the offer.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
a. they are the result of statutory regulations or provisions; or
b. the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
Article 10 - Compliance and Warranty
1. The entrepreneur guarantees that the products and / or services meet the contract, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also ensures 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 under the agreement can assert against the entrepreneur.
Article 11 - Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving and in the execution of orders of products and in 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. Subject to what is stated in Article 4 of these general conditions, the company will execute accepted orders expeditiously but not later than 30 days unless a longer delivery period has been agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this within 30 days after he has placed the order. The consumer in that case has the right to terminate the contract without penalty and the right to any compensation.
4. In case of dissolution in accordance with the preceding paragraph, the operator the amount that consumers paid as soon as possible but no later than 30 days after termination, repay.
5. If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be clearly and comprehensibly reported that a replacement article is being delivered. With replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment shall be borne by the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a previously designated and announced to the entrepreneur representative, unless otherwise expressly agreed.
Article 12 - Duration transactions: duration, termination and renewal
1. The consumer may contract for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time denounce the applicable termination rules and a notice not exceeding one month.
2. The consumer may contract 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 fixed term denounce the applicable termination rules and a notice not exceeding one month.
3. The consumer can the agreements mentioned in the previous paragraphs:
o terminate at all times and not be limited to termination at a specific time or in a specific period;
o at least cancel in the same way as they were entered into by him;
o always terminate with the same notice as the entrepreneur has stipulated for himself.
4. A contract for a definite period, which extends to the regular delivery of products (including electricity) or services, may not be extended or renewed tacitly for a definite period.
5. Notwithstanding the preceding paragraph, a contract for a definite period, which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months if the consumer can terminate this renewed contract towards the end of the extension with a notice of up to one month.
6. A contract for a definite period, which extends to the regular delivery of products or services may only be extended tacitly for an indefinite period if the consumer may terminate at any time with a notice of up to one month and a notice of up to three months if the contract is about the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. A contract with a limited duration for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
8. If a contract lasts more than one year, after one year of the agreement the consumer may at any time terminate with a notice of up to one month, unless the reasonableness and fairness resisting the termination before the end of the agreed term.
Article 13 - Payment
1. As far as no other date has been agreed, sums payable by the consumer should be paid within 14 days after the start of the reflection period as referred to in article 6 paragraph 1. In case of an agreement to provide a service, this period shall start after the consumer has received the confirmation of the agreement.
2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. If an advance payment is stipulated, the consumer may not assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.
4. In case of non-payment on the part of the consumer, and subject to legal restrictions, the entrepreneur has the right to charge the reasonable costs previously announced to the consumer.
Article 14 - Complaints
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within reasonable time, fully and clearly described, after the consumer has found the defects.
3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days, calculated 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 message of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be solved in mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
Article 15 - Disputes
1. On agreements between the entrepreneur and the consumer to which these general conditions apply only Dutch law is applied.
Article 16 - Additional or alternative provisions
Additional provisions or provisions that deviate from these general conditions, may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can be stored in an accessible way on a durable data carrier.