Terms of service
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 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and performance
Article 12 - Long-term transactions: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer may exercise the right of withdrawal.
Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance agreement with the entrepreneur.
Day: calendar day.
Long-term transaction: a distance agreement relating to 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 enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the cooling-off period.
Model form: the model withdrawal form that the entrepreneur makes available, which a consumer can complete when wishing to exercise the right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.
Distance agreement: an agreement concluded within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the agreement.
Means of distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being together 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
Houtfineer.shop
Jan van Goijenstraat
2391 XK Hazerswoude-Dorp
The Netherlands
info@houtfineer.shop
Chamber of Commerce number: 81093659
VAT number: NL003530009B14
Article 3 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement and order concluded between the entrepreneur and the consumer. Before the distance agreement 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 agreement is concluded that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request. If the distance agreement is concluded electronically, then contrary to the previous paragraph and before the distance agreement 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 data carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise upon the consumer's request. If, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly, and in the event of conflicting terms and conditions the consumer may always invoke the applicable provision that is most favourable to them. If one or more provisions in these general terms and conditions are wholly or partially void or annulled at any time, the agreement and these terms and conditions will otherwise remain in force, and the relevant provision will be replaced without delay by mutual agreement with a provision that approximates the intent of the original as closely as possible. Situations not covered by these general terms and conditions must be assessed in the spirit of these general terms and conditions. Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted in the spirit of these general terms and conditions.
Article 4 - The offer
If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur. All images and specification data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement. Product images are a truthful representation of the products offered. The entrepreneur cannot guarantee that the colours displayed exactly match the actual colours of the products. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular: the price including taxes; any shipping costs; the manner in which the agreement will be concluded and which actions are required for this; whether or not the right of withdrawal applies; the method of payment, delivery and performance of the agreement; the period for accepting the offer, or the period within which the entrepreneur guarantees the price; the amount of the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used; whether the agreement will be archived after 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 data provided by them in the context of the agreement before concluding the agreement; any languages other than Dutch in which the agreement may be concluded; the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and the minimum duration of the distance agreement in the case of a long-term transaction.
Article 5 - The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set out therein. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will observe appropriate security measures. Within the limits of the law, the entrepreneur may ascertain whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request, giving reasons, or to attach special conditions to its performance. The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier: the visiting address of the entrepreneur's establishment where the consumer can lodge complaints; the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; the information on guarantees and existing after-sales service; the details included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided these details to the consumer before performance of the agreement; the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery. Every agreement is entered into subject to the suspensive condition of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without stating reasons for a period of 14 days. This cooling-off period starts on the day after the consumer, or a representative designated in advance by the consumer and made known to the entrepreneur, receives the product. 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 assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product to the entrepreneur with all delivered accessories and - if reasonably possible - in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur. If the consumer wishes to exercise the right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receipt of the product. The consumer must do so by means of the model form or by another means of communication such as email. After the consumer has indicated that they wish to exercise the right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of dispatch. If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is final.
Article 7 - Costs in case of withdrawal
If the consumer exercises the right of withdrawal, at most the costs of return shipment will be borne by them. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer or conclusive proof of complete return can be provided. Refunds will be made using the same payment method used by the consumer unless the consumer expressly agrees to a different payment method. If the product is damaged due to careless handling by the consumer, the consumer is liable for any loss in value of the product. The consumer cannot be held liable for any loss in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal; this must be done before the purchase agreement is concluded.
Article 8 - Exclusion of the right of withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement. Exclusion of the right of withdrawal is only possible for products made by the entrepreneur in accordance with the consumer's specifications.
Article 9 - The price
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates. Price increases within 3 months after the conclusion of the agreement are only permitted if they result from legal regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: they result from legal regulations or provisions; or the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect. The prices stated in the offer of products or services include VAT. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims the consumer may assert against the entrepreneur under the agreement. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of delivery. Products must be returned in the original packaging and in new condition. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products. The warranty does not apply if: the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties; the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or have been treated contrary to the entrepreneur's instructions and/or the instructions on the packaging; the defectiveness is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
Article 11 - Delivery and performance
The entrepreneur will observe the greatest possible care when receiving and performing orders for products and when assessing requests for the provision of services. The place of delivery is the address that the consumer has made known to the company. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed in part, 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 free of charge. The consumer is not entitled to compensation. 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. 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. If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. No later than upon delivery, it will be stated clearly and comprehensibly that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur. The risk of damage to and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Long-term transactions: duration, termination and renewal
Termination: The consumer may terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month. The consumer may terminate an agreement entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month. The consumer may 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 in the same manner as they were entered into by them; always with the same notice period as the entrepreneur has stipulated for themselves.
Renewal: An agreement entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period. By way of derogation from the previous paragraph, an agreement entered into for a fixed period and which extends to the regular delivery of daily newspapers, news papers, weekly newspapers and magazines may be tacitly renewed for a fixed period of no more than three months, if the consumer can terminate this renewed agreement towards the end of the renewal with a notice period of no more than one month. An agreement entered into for a fixed period and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement extends to the regular, but less than once a month, delivery of daily newspapers, news papers, weekly newspapers and magazines. An agreement of limited duration for the regular delivery of daily newspapers, news papers, weekly newspapers and magazines by way of introduction (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 prevent termination before the end of the agreed duration.
Article 13 - Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 - Complaints procedure
The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure. Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has discovered the defects. Complaints submitted to the entrepreneur will be answered within 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer. If the complaint cannot be resolved by mutual consultation, a dispute arises that is subject to the dispute resolution procedure. In the event of complaints, a consumer must first turn to the entrepreneur. If a solution is still not reached, the consumer has the option of having their complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur; its decision is binding and both entrepreneur and consumer agree to this binding decision. Costs are associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the committee concerned. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr). A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.
Article 15 - Disputes
Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. This also applies if the consumer resides abroad. The Vienna Sales Convention does not apply.
Article 16 - Additional or deviating provisions
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 the consumer can store them in an accessible manner on a durable data carrier.