General Terms and Conditions

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 Execution
Article 12 – Continuing Agreements: Duration, Termination, and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Diverging Provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
   
   

2. Consumer: the natural person not acting in the course of a profession or business and who enters into a distance agreement with the entrepreneur;
   
   

3. Day: calendar day;
   
   

4. Continuing agreement: a distance agreement relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;
   
   

5. Durable medium: any device that enables the consumer or entrepreneur to store information addressed personally to them in a manner that allows future access and unaltered reproduction of the stored information;
   
   

6. Right of withdrawal: the option for the consumer to withdraw from the distance agreement within the cooling-off period;
   
   

7. Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
   
   

8. Distance agreement: an agreement concluded within the framework of a system organized by the entrepreneur for distance selling of products and/or services, using only one or more means of distance communication up to and including the conclusion of the agreement;
   
   

9. Means of distance communication: a method that can be used for concluding an agreement without the consumer and entrepreneur being simultaneously present in the same space.
   
   

Article 2 – Identity of the Entrepreneur

C.F. Lieben (legal name, trading under: Hans Customs)
Address: Jan van Krimpenweg 9N, Haarlem
Telephone number: +31 6 30487126 (during office hours)
Email address: hans@kitereparatie.com
Chamber of Commerce (KvK) number: 17259656
VAT identification number: NL153376697B01

Where applicable:
If the entrepreneur’s activity is subject to a relevant licensing regime: details of the supervising authority must be stated.

If the entrepreneur practices a regulated profession:
– the professional association or organization to which they are affiliated;
– the professional title and the EU or EEA country where it was granted;
– a reference to the applicable professional rules in the Netherlands and instructions on where and how these 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 agreement concluded between the entrepreneur and consumer.
   
   

2. Before a distance agreement is concluded, the consumer shall be provided with the text of these general terms and conditions. If this is not reasonably possible, the entrepreneur shall indicate before the agreement is concluded how the terms and conditions can be reviewed and that they will be sent free of charge upon request.
   
   

3. If the agreement is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph, be provided electronically in such a way that it can be stored by the consumer on a durable medium. If this is not reasonably possible, the consumer shall be informed how the terms and conditions can be accessed electronically and that they will be sent free of charge upon request.
   
   

4. If in addition to these general terms and conditions, specific product or service conditions apply, paragraphs 2 and 3 apply accordingly. In case of conflicting conditions, the consumer may always rely on the applicable provision most favorable to them.
   
   

Article 4 – The Offer

1. If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.
   
   

2. The offer shall contain a complete and accurate description of the products and/or services offered. The description shall be sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they shall be a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
   
   

3. Each offer shall include such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer, particularly:
   
   

• the price including taxes;

• any delivery costs;

• the manner in which the agreement will be concluded and what actions are required;

• whether the right of withdrawal applies;

• the method of payment, delivery, and execution of the agreement;

• the period for accepting the offer, or the period within which the entrepreneur guarantees the price;

• the rate for distance communication if this differs from the basic rate;

• whether the agreement will be archived after conclusion and, if so, how the consumer can access it;

• how the consumer can verify and, if desired, correct the information provided before concluding the agreement;

• the possible languages in which the agreement may be concluded;

• the codes of conduct to which the entrepreneur adheres and how the consumer can consult them electronically; and

• the minimum duration of the distance agreement in case of a continuing transaction.
  
  

Article 5 – The Agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the stipulated conditions.
   
   

2. If the consumer accepts the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance electronically. Until the entrepreneur has confirmed receipt, the consumer may terminate the agreement.
   
   

3. If the agreement is concluded electronically, the entrepreneur shall implement appropriate technical and organizational security measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur shall observe appropriate security measures.
   
   

4. The entrepreneur may, within the legal framework, verify whether the consumer can meet their payment obligations, and gather relevant facts and factors necessary for responsibly concluding the distance agreement. If, based on this investigation, the entrepreneur has valid grounds not to enter into the agreement, they are entitled to refuse an order or application with justification, or to attach special conditions to its performance.
   
   

5. The entrepreneur shall provide the consumer, either in writing or in a form that can be stored on a durable medium, with the following information:
   a. the address of the entrepreneur's establishment where complaints can be submitted;
   b. the conditions and method for exercising the right of withdrawal, or a clear statement regarding the exclusion of this right;
   c. information on guarantees and after-sales service;
   d. the data as mentioned in Article 4, paragraph 3 of these terms, unless already provided prior to performance of the agreement;
   e. the cancellation requirements if the agreement has a duration of more than one year or is of indefinite duration.
   
   

6. In the case of a continuing agreement, the provision in the previous paragraph applies only to the first delivery.
   
   

Article 6 – Right of Withdrawal

For delivery of products:

1. The consumer has the right to terminate the agreement within 14 days without stating reasons. This reflection period starts on the day after the consumer or a representative previously designated by the consumer receives the product.
   
   

2. During the reflection period, the consumer shall handle the product and packaging with care. The product shall only be unpacked or used to the extent necessary to assess whether the consumer wishes to keep it. If exercising the right of withdrawal, the consumer shall return the product with all supplied accessories and – if reasonably possible – in its original condition and packaging, following reasonable and clear instructions provided by the entrepreneur.
   
   

For delivery of services:
3. The consumer may terminate a service agreement without giving reasons within at least fourteen days, starting on the day the agreement is entered into.
4. To exercise the right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur with the offer or at the latest upon delivery.

 

Article 7 – Costs in Case of Withdrawal

1. If the consumer exercises the right of withdrawal, they shall bear the cost of returning the goods at most.
   
   

2. If the consumer has paid an amount, the entrepreneur shall reimburse this as soon as possible, and at the latest within 30 days after the return or withdrawal.
   
   

Article 8 – Exclusion of the Right of Withdrawal

1. The entrepreneur may exclude the consumer's right of withdrawal insofar as provided for in paragraphs 2 and 3. The exclusion is only valid if clearly stated in the offer or at the latest prior to concluding the agreement.
   
   

2. Exclusion of the right of withdrawal is only possible for products:
   a. manufactured according to the consumer’s specifications;
   b. clearly personal in nature;
   c. which by their nature cannot be returned;
   d. that perish or age quickly;
   e. whose price is dependent on financial market fluctuations beyond the entrepreneur’s control;
   f. individual newspapers and magazines;
   g. audio/video recordings and software with broken seals.
   
   

3. Exclusion is only possible for services:
   a. related to accommodation, transport, restaurant services or leisure activities on a specific date or period;
   b. whose delivery has begun with the consumer’s explicit consent before the cooling-off period has ended;
   c. related to bets and lotteries.
   
   

Article 9 – The Price

1. During the validity period stated in the offer, the prices of the products and/or services shall not be increased, except for changes in VAT rates.
   
   

2. Contrary to the above, the entrepreneur may offer products or services with prices subject to market fluctuations beyond their control at variable rates. The fact that such prices are subject to fluctuations and that any prices mentioned are target prices shall be stated in the offer.
   
   

3. Price increases within 3 months after the agreement is concluded are only allowed if resulting from statutory regulations.
   
   

4. Price increases after 3 months are only allowed if:
   a. they are the result of statutory regulations; or
   b. the consumer has the right to cancel the agreement effective from the date the increase takes effect.
   
   

5. Prices stated in offers include VAT.
   
   

Article 10 – Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services conform to the agreement, the specifications in the offer, reasonable standards of soundness and usability, and applicable legal and regulatory provisions at the time of conclusion. If agreed, the entrepreneur also guarantees suitability for other than normal use.
   
   

2. Any additional warranty provided by the entrepreneur, manufacturer, or importer shall not affect the statutory rights and claims that the consumer may assert based on the agreement.
   
   

Article 11 – Delivery and Execution

1. The entrepreneur shall exercise the utmost care when receiving and executing orders and when assessing requests for services.
   
   

2. The place of delivery shall be the address the consumer has provided.
   
   

3. In accordance with Article 4, the entrepreneur shall fulfill accepted orders promptly, and no later than 30 days unless a longer delivery period has been agreed. If delivery is delayed or an order cannot be fulfilled in full or part, the consumer shall be notified within 30 days. The consumer may then cancel the agreement free of charge and claim compensation if applicable.
   
   

4. In case of termination as described above, the entrepreneur shall refund the amount paid by the consumer as soon as possible, and no later than 30 days after termination.
   
   

5. If delivery of an ordered product proves impossible, the entrepreneur shall strive to offer a replacement. At the latest upon delivery, it shall be clearly stated that a replacement is being supplied. The right of withdrawal cannot be excluded for replacement items.
   
   

Article 12 – Continuing Agreements: Duration, Termination, and Renewal

Termination

1. The consumer may terminate an agreement that has been concluded for an indefinite period and which entails the regular delivery of products (including electricity) or services at any time, subject to applicable termination rules and a notice period not exceeding one month.
   
   

2. The consumer may terminate a fixed-term agreement that entails the regular delivery of products or services at any time at the end of the fixed term, subject to applicable termination rules and a notice period not exceeding one month.
   
   

3. The consumer may terminate the agreements mentioned in the previous paragraphs:
   a. at any time and without being limited to termination at a specific time or during a specific period;
   b. using the same method of termination as used for entering into the agreement;
   c. with the same notice period as stipulated for the entrepreneur.
   
   

Renewal
4. A fixed-term agreement that has been entered into for the regular delivery of products or services may not be automatically extended or renewed for a fixed duration.
5. Notwithstanding the previous paragraph, a fixed-term agreement for the regular delivery of daily, news, and weekly newspapers or magazines may be automatically renewed for a fixed duration of up to three months, if the consumer can terminate this renewed agreement at the end of the renewal period with a notice period not exceeding one month.
6. A fixed-term agreement for the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer may terminate the agreement at any time with a notice period not exceeding one month, and a notice period of no more than three months if the agreement involves the regular, but less than once a month, delivery of daily, news, and weekly newspapers or magazines.
7. A limited-duration trial subscription to daily, news, and weekly newspapers or magazines (introductory subscriptions) will not be automatically continued and will automatically end after the trial or introductory period.

Duration
8. If an agreement lasts more than one year, the consumer may terminate it at any time after one year with a notice period not exceeding one month, unless reasonableness and fairness dictate otherwise.

 

Article 13 – Payment

1. Unless otherwise agreed, amounts owed by the consumer must be paid within 14 days after the commencement of the cooling-off period referred to in Article 6 paragraph 1. In the case of a service agreement, this period begins after the consumer has received confirmation of the agreement.
   
   

2. When selling products to consumers, general terms and conditions may never require the consumer to pay more than 50% in advance. If an advance payment is agreed, the consumer may not assert any rights regarding the execution of the relevant order or service until the agreed advance payment has been made.
   
   

3. The consumer is obligated to report inaccuracies in payment data provided or stated immediately to the entrepreneur.
   
   

4. If the consumer fails to make timely payment, and after being reminded by the entrepreneur and given a 14-day period to fulfill their payment obligations, the consumer still fails to do so, they shall owe statutory interest on the outstanding amount, and the entrepreneur may charge any extrajudicial collection costs incurred. These collection costs shall not exceed:
   
   

• 15% of outstanding amounts up to €2,500;
  
  

• 10% of the next €2,500;
  
  

• 5% of the next €5,000,
  with a minimum of €40. The entrepreneur may deviate from these amounts in favor of the consumer.
  
  

Article 14 – Complaints Procedure

1. The entrepreneur has a clearly stated and accessible complaints procedure and handles complaints in accordance with this procedure.
   
   

2. Complaints about the performance of the agreement must be submitted to the entrepreneur promptly, fully, and clearly described after the consumer has discovered the defects.
   
   

3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
   
   

4. If the complaint cannot be resolved by mutual agreement, it becomes a dispute subject to the dispute resolution procedure outlined in Article 15.
   
   

Article 15 – Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.
   
   

2. Disputes between the consumer and the entrepreneur regarding the formation or performance of agreements related to products or services to be delivered or supplied by the entrepreneur may, subject to the provisions below, be submitted by either the consumer or the entrepreneur to the Disputes Committee (Geschillencommissie Thuiswinkel), www.sgc.nl.
   
   

3. A dispute will only be handled by the Disputes Committee if the consumer first submits their complaint to the entrepreneur within a reasonable time.
   
   

4. If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or via another method determined by the committee no later than 12 months after the date on which the consumer submitted the complaint to the entrepreneur.
   
   

5. When the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this decision. If the entrepreneur wishes to do so, the consumer must express in writing within five weeks whether they agree. If the consumer does not respond within this five-week period, the entrepreneur is entitled to submit the dispute to a competent court.
   
   

6. The Disputes Committee shall decide under the conditions as laid down in its regulations. The decisions of the Disputes Committee are made by binding advice.
   
   

7. The Disputes Committee will not handle a dispute or will discontinue proceedings if the entrepreneur has been granted suspension of payment, has been declared bankrupt, or has effectively ceased its business activities before the dispute was handled by the committee and a final decision was made.
   
   

Article 16 – Additional or Diverging Provisions

1. Additional provisions or those deviating from these general terms and conditions may not be to the consumer’s detriment 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.