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Terms of service
Rather boring, but important!
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 withdrawal 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 – Compliance with the agreement and additional guarantee
Article 13 – Delivery and performance
Article 14 – Ongoing transactions: duration, termination and renewal
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Additional or deviating provisions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance agreement and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
Withdrawal period: the period during which the consumer may exercise his right of withdrawal;
Consumer: the natural person who does not act for purposes relating to his trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and supplied in digital form;
Ongoing agreement: an agreement that provides for the regular supply of goods, services and/or digital content during a specific period;
Durable medium: any instrument – including email – that enables the consumer or entrepreneur to store information addressed personally to him in a way accessible for future consultation or use for a period appropriate to the purpose for which the information is intended, and that allows the unchanged reproduction of the stored information;
Right of withdrawal: the option for the consumer to withdraw from the distance agreement within the withdrawal period;
Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
Distance agreement: an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for distance sales of products, digital content and/or services, whereby up to and including the conclusion of the agreement exclusive or joint use is made of one or more techniques for distance communication;
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 does not have a right of withdrawal with regard to his order;
Technique for distance communication: means that can be used for concluding an agreement without the consumer and entrepreneur having to be simultaneously present in the same place.
Article 2 – Identity of the entrepreneur
Registered address:
KarTent B.V.
Lemelerbergweg 63
1101 AW Amsterdam
Availability:
Monday to Friday from 9:00 AM to 5:00 PM
Telephone number: 020 786 5553
Email address: webshop@kartent.com
Chamber of Commerce number: 63196573
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement 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, the entrepreneur will indicate, before the distance agreement is concluded, how the general terms and conditions can be inspected and that they will be sent free of charge to the consumer upon request as soon as possible.
If the distance agreement is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph and before the distance agreement is concluded, 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 agreement is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge upon request, either electronically or otherwise.
If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply accordingly, and in the event of conflicting conditions the consumer may always invoke the applicable provision that is most favourable to him.
Article 4 – The offer
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a truthful representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Article 5 – The agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions stipulated therein.
If the consumer has accepted the offer electronically, the entrepreneur will promptly 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 ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will observe appropriate security measures.
Within legal frameworks, the entrepreneur may investigate whether the consumer can meet his payment obligations, as well as all facts and factors relevant to responsibly entering into the distance agreement. If, based on this investigation, the entrepreneur has good grounds for not entering into the agreement, he is entitled to refuse an order or request with justification or to attach special conditions to its execution.
At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will provide the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
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the visiting address of the entrepreneur’s establishment where the consumer can submit complaints;
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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;
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information on guarantees and existing after-sales service;
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the price including all taxes of the product, service or digital content; where applicable, delivery costs; and the method of payment, delivery or performance of the distance agreement;
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the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
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if the consumer has a right of withdrawal, the model withdrawal form.
In the case of an ongoing transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 – Right of withdrawal
For products:
The right of withdrawal applies only to purchases made by consumers.
The consumer may dissolve an agreement relating to the purchase of a product during a withdrawal period of at least 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal but may not oblige him to state his reason(s).
The costs of returning a product are borne by the consumer. The amount of return costs depends on the country of shipment and the size of the package.
The withdrawal period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
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if the consumer has ordered multiple products in one order: the day on which the consumer or a designated third party has received the last product;
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if the delivery of a product consists of several shipments or parts: the day on which the consumer or a designated third party has received the last shipment or part;
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in the case of agreements for regular delivery of products over a specified period: the day on which the consumer or a designated third party has received the first product.
For services and digital content not supplied on a tangible medium:
The consumer may dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium during a period of at least 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal but may not oblige him to state his reason(s).
The withdrawal period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended withdrawal period if information is not provided:
If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the withdrawal period expires twelve months after the end of the original withdrawal period determined in accordance with the previous paragraphs of this article.
If the entrepreneur provides the information referred to in the previous paragraph within twelve months after the commencement date of the original withdrawal period, the withdrawal period expires 14 days after the day on which the consumer received that information.
Article 7 – Obligations of the consumer during the withdrawal period
During the withdrawal period, the consumer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The guiding principle is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
The consumer is only liable for depreciation of the product resulting from handling beyond what is permitted in paragraph 1.
The consumer is not liable for depreciation of the product if the entrepreneur has not provided him 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 his right of withdrawal, he shall notify the entrepreneur within the withdrawal period using 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 shall return the product or hand it over to (an authorised representative of) the entrepreneur, unless the entrepreneur has offered to collect the product himself. The consumer has complied with the return period if he sends back the product before the withdrawal period has expired.
The consumer shall return the product with all accessories supplied, if reasonably possible in its 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 rests with the consumer.
The consumer bears the direct costs of returning the product.
If the consumer withdraws after having expressly requested that the performance of a service or the supply of gas, water or electricity not made ready for sale in a limited volume or set quantity commence during the withdrawal period, the consumer owes the entrepreneur an amount proportionate to the part of the obligation fulfilled by the entrepreneur at the time of withdrawal, compared to 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 not made ready for sale in a limited volume or quantity, or for district heating, if:
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the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, compensation for costs upon withdrawal, or the model withdrawal form; or
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the consumer has not expressly requested the commencement of the performance of the service or supply during the withdrawal period.
The consumer does not bear any costs for the full or partial supply of digital content not supplied on a tangible medium if: -
he did not expressly agree prior to delivery to the commencement of performance before the end of the withdrawal period;
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he did not acknowledge that he would lose his right of withdrawal upon giving his consent; or
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the entrepreneur failed to confirm this declaration from the consumer.
If the consumer exercises his right of withdrawal, all additional agreements are dissolved by operation of law.
Article 9 – Obligations of the entrepreneur in case of withdrawal
If the entrepreneur enables the consumer to notify withdrawal electronically, he shall send an acknowledgement of receipt immediately after receiving this notification.
The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay and no later than 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may withhold reimbursement until he has received the product or until the consumer has provided proof that the product has been returned, whichever is earlier.
The entrepreneur shall use the same means of payment used by the consumer for reimbursement, unless the consumer agrees to a different method. The reimbursement shall be free of charge for the consumer.
If the consumer opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not required to reimburse the additional costs for the more expensive method.
Article 10 – Exclusion of the right of withdrawal
The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer or at least in good time before the conclusion of the agreement:
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Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
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Agreements concluded during a public auction;
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Service agreements, after full performance of the service, but only if:
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performance has begun with the consumer’s explicit prior consent; and
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the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the agreement;
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Package travel as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements;
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Service agreements for the provision of accommodation, where the agreement provides for a specific date or period of performance and not for residential purposes, goods transport, car rental services or catering;
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Agreements relating to leisure activities, where the agreement provides for a specific date or period of performance;
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Products manufactured according to the consumer’s specifications, which are not prefabricated and are produced on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
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Products that spoil quickly or have a limited shelf life;
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Sealed products which are not suitable for return for health protection or hygiene reasons and whose seal has been broken after delivery;
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Products which, after delivery, are by their nature irrevocably mixed with other products;
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Alcoholic beverages whose price was agreed at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the entrepreneur has no influence;
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Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
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Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
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The supply of digital content other than on a tangible medium, but only if:
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performance has begun with the consumer’s explicit prior consent; and
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the consumer has declared that he thereby loses his right of withdrawal.
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Article 11 – The price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may 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 stated are indicative prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of 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:
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they are the result of statutory regulations or provisions; or
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the consumer has the right 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 are inclusive of VAT.
Article 12 – Compliance with the agreement and additional guarantee
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 existing statutory provisions and/or government regulations on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfil his part of the agreement.
An additional guarantee means any commitment by the entrepreneur, his supplier, importer or producer whereby they grant the consumer certain rights or claims that go beyond what they are legally obliged to do in the event of failure to fulfil their part of the agreement.
Article 13 – Delivery and performance
The entrepreneur will exercise the greatest possible care when receiving and executing 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 entrepreneur.
Subject to what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed or if an order cannot 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 free of charge and is entitled to any compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
The risk of damage 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 14 – Ongoing transactions: duration, termination and renewal
Termination
The consumer may terminate an agreement entered into for an indefinite period that provides for 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 definite period that provides for 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:
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at any time and is not limited to termination at a specific time or during a specific period;
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at least in the same manner as they were entered into by him;
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always with the same notice period as the entrepreneur has stipulated for himself.
Renewal
An agreement entered into for a definite period that provides for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.
Contrary to the previous paragraph, an agreement entered into for a definite period that provides for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a definite period of up to three months, provided that the consumer may 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 that provides for 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. The notice period is no more than three months if the agreement provides for the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
An agreement of limited duration for the regular delivery of daily, news and weekly newspapers and magazines by way of introduction (trial or introductory subscription) is not tacitly continued and ends automatically at the end of 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 oppose termination before the end of the agreed duration.
Article 15 – Payment
Unless otherwise provided in the agreement or additional conditions, amounts owed by the consumer must be paid within 14 days after the start of the withdrawal period, or in the absence of a withdrawal period, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period starts on the day after the consumer has received confirmation of the agreement.
In the sale of products to consumers, the consumer may never be obliged in general terms and conditions to make advance payments of more than 50%. Where 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 fails to meet his payment obligation(s) on time, after being informed by the entrepreneur of the late payment and after the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, and payment has not been made within this 14-day period, the consumer owes statutory interest on the outstanding amount and the entrepreneur is entitled to charge the extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500; and 5% on the next €5,000, with a minimum of €40. The entrepreneur may deviate from these amounts and percentages to the consumer’s advantage.
Article 16 – Complaints procedure
The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has identified the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days 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 response.
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 eligible for the dispute settlement procedure.
Article 17 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
Annex I – Model withdrawal form
Model withdrawal form
(Only complete and return this form if you wish to withdraw from the agreement)
To:
[Name of entrepreneur]
[Geographical address of entrepreneur]
[Fax number of entrepreneur, if available]
[Email address or electronic address of entrepreneur]
I/We* hereby inform you that I/we* withdraw from our agreement concerning:
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the sale of the following products: [description of product]*
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the supply of the following digital content: [description of digital content]*
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the provision of the following service: [description of service]*
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)
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Delete what does not apply or fill in what does apply.