GENERAL TERMS AND CONDITIONS
Article 1 - Definitions
1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the company or by a third party on the basis of an agreement between that third party and the company;
2. Reflection period: the period within which the consumer can make use of his right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and supplied in digital form;
6. Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
7. Durable medium: any instrument - including email - that enables the consumer or company to store information addressed personally to him in a way accessible for future consultation or use for a period of time adequate for the purpose for which the information is intended and which allows for the unchanged reproduction of the stored information;
8. Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;
9. Company: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
10. Distance contract: an agreement concluded between the company and the consumer within the framework of an organized system for the distance sale of products, digital content and/or services, whereby up to and including the conclusion of the agreement, exclusive or partial use is made of one or more techniques for distance communication;
11. Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions; Appendix I does not have to be made available if the consumer has no right of withdrawal with regard to his order;
12. Technique for distance communication: means that can be used to conclude an agreement, without the consumer and company having to be together in the same room at the same time.
Article 2 - Company Details
Legal name: INERZIA B.V.
Trade Name: inerzia
Chamber of Commerce: 92876056
RSIN: 866201889
VAT NR: NL866201889B01
Business address:
Wilsonweg, 14
2182LR Hillegom
The Netherlands
Visiting address: We are an internet company and do not have a visiting address.
Telephone number: +31 614 298 427
E-mail address: info@inerzia.nl
Article 3 - Applicability
1. These general terms and conditions apply to every offer from the company and to every distance contract concluded between the company and the consumer.
2. 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 company will indicate before the distance contract is concluded in what way the general terms and conditions can be consulted with the company and that they will be sent free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can 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 contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting conditions.
Article 4 - The offer
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, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the company uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the company.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer.
Article 5 - The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the time the consumer accepts the offer and meets the conditions set therein.
2. If the consumer has accepted the offer electronically, the company will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the company, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the company will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the company will take appropriate security measures to that end.
4. The company can, within legal frameworks, inquire whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for responsibly entering into the distance contract. If the company has good reasons not to enter into the agreement based on this investigation, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. The company shall, at the latest upon delivery of the product, service or digital content to the consumer, send the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
a. the visiting address of the company's establishment where the consumer can lodge complaints;
b. 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;
c. the information about guarantees and existing after-sales service;
d. the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
e. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the event of a continuing performance transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal
For products:
1. The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of 14 days without giving reasons. The company may ask the consumer for the reason for withdrawal, but cannot oblige him to state his reason(s).
2. The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The company may refuse an order for multiple products with different delivery times, provided that he has clearly informed the consumer of this prior to the ordering process.
b. if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
c. in the case of agreements for regular delivery of products during a specific period: the day on which the consumer, or a third party designated by him, has received the first product.
In the case of services and digital content that is not delivered on a tangible medium:
3. The consumer can terminate a service agreement and an agreement for the delivery of digital content that is not delivered on a tangible medium within 14 days without giving reasons. The company may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state his reason(s).
4. The reflection period referred to in paragraph 3 commences on the day following the conclusion of the agreement.
Extended reflection period for products, services and digital content that has not been delivered on a tangible medium in the event of failure to inform about the right of withdrawal:
5. If the company has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
6. If the company has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original reflection period, the reflection period will expire 14 days after the day on which the consumer received that information.
Article 7 - Obligations of the consumer during the reflection period
1. During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
2. The consumer is only liable for any decrease in value of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any diminished value of the product if the company 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
1. If the consumer exercises his right of withdrawal, he reports this to the company within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorized representative of) the company. This is not necessary if the company has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
3. The consumer returns 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 company.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If the company has not stated that the consumer must bear these costs or if the company indicates that he will bear the costs himself, the consumer does not have to bear the costs of return.
6. If the consumer withdraws after having first expressly requested that the performance of the service or the supply of gas, water or electricity that have not been made ready for sale in a limited volume or certain quantity commence during the cooling-off period, the consumer owes the company an amount that is proportional to that part of the obligation that the company has fulfilled at the time of withdrawal, compared to the full fulfillment of the obligation.
7. The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity, which have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
a. the company has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in case of withdrawal or the model withdrawal form, or;
b. the consumer has not expressly requested the commencement of the performance of the service or the supply of gas, water, electricity or district heating during the cooling-off period.
8. The consumer shall not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
a. he has not expressly agreed to commence performance of the agreement before the end of the cooling-off period prior to delivery;
b. he has not acknowledged that he loses his right of withdrawal by giving his consent; or
c. the company has failed to confirm this statement by the consumer.
9. If the consumer exercises his right of withdrawal, all additional agreements are dissolved by operation of law.
Article 9 - Obligations of the company in case of withdrawal
1. If the company makes it possible for the consumer to notify withdrawal electronically, he will immediately send an acknowledgement of receipt after receiving this notification.
2. The company will reimburse all payments made by the consumer, including any delivery costs charged by the company for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the company offers to collect the product himself, he may wait with reimbursement until he has received the product or until the consumer proves that he has returned the product, whichever is the earlier.
3. The company uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the company does not have to reimburse the additional costs for the more expensive method.
Article 10 - Exclusion of the right of withdrawal
The company can exclude the following products and services from the right of withdrawal, but only if the company has clearly stated this in the offer, at least in good time before the conclusion of the agreement:
1. Products or services whose price is subject to fluctuations in the financial market over which the company has no influence and which may occur within the withdrawal period
2. Agreements concluded during a public auction. A public auction means a sales method whereby products, digital content and/or services are offered by the company to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service contracts, after full performance of the service, but only if:
a. the performance has begun with the express prior consent of the consumer; and
b. the consumer has declared that he will lose his right of withdrawal once the company has fully performed the contract;
4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and passenger transport contracts;
5. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, the transport of goods, car rental services and catering;
6. Contracts relating to leisure activities, if the contract provides for a specific date or period of performance thereof;
7. Products manufactured to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer or which are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
10. Products which, due to their nature, are inseparably mixed with other items after delivery;
11. Alcoholic beverages, the price of which has been agreed upon at the time of concluding the contract, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the company has no influence;
12. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
13. Newspapers, periodicals or magazines, with the exception of subscriptions to them;
14. The supply of digital content other than on a tangible medium, but only if:
a. the performance has begun with the express prior consent of the consumer; and
b. the consumer has declared that he thereby loses his right of withdrawal.
Article 11 - The price
1. 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 due to changes in VAT rates.
2. By way of derogation from the previous paragraph, the company may offer products or services whose prices are subject to fluctuations in the financial market over which the company has no influence, with variable prices. This commitment to fluctuations and the fact that any prices stated are indicative prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the company has stipulated this and:
a. these are the result of statutory regulations or provisions; or
b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
Article 12 - Compliance with the agreement and additional guarantee
1. The company 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 statutory provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the company also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the company, his supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against the company under the agreement if the company has failed to fulfil his part of the agreement. 3. An
additional guarantee is understood to mean any obligation of the company, his supplier, importer or manufacturer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfil his part of the agreement.
Article 13 - Delivery and implementation
1. The company will exercise the greatest possible care when receiving and implementing orders for products and when 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. Taking into account what is stated in article 4 of these general terms and conditions, the company 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 executed in part, the consumer will be notified of this at the latest 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
4. After termination in accordance with the previous paragraph, the company will immediately refund the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with the company until the moment of delivery to the consumer or a previously designated representative made known to the company, unless expressly agreed otherwise.
Article 14 - Duration transactions: duration, termination and extension
Termination:
1. The consumer can terminate an agreement that has been entered into for an indefinite period and which 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.
2. The consumer can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, with due observance of the agreed termination rules and a notice period of no more than one month.
3. The consumer can terminate the agreements referred to in the previous paragraphs:
a. at any time and not be limited to termination at a specific time or during a specific period;
b. at least cancel in the same manner as they were entered into by him;
c. always cancel with the same notice period as the company has stipulated for himself.
Extension:
4. An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
5. Notwithstanding the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily newspapers, weekly newspapers and magazines may be tacitly extended for a definite period of up to three months, if the consumer can cancel this extended agreement towards the end of the extension with a notice period of no more than one month.
6. An agreement entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is at most three months if the agreement is for the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for the purpose of getting to know each other (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration:
8. 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 term.
Article 15 - Payment
1. Unless otherwise specified 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 commences on the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. If an advance payment has been agreed, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
3. The consumer has the duty to report any inaccuracies in the payment details provided or stated to the company without delay.
4. If the consumer does not meet his payment obligation(s) on time, after the company has informed him of the late payment and the company has granted the consumer a period of 14 days to still meet his payment obligations, after the consumer has failed to pay within this 14-day period, the consumer will owe the statutory interest on the amount still owed and the company is entitled to charge the extrajudicial collection costs incurred by him. 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 company may deviate from the stated amounts and percentages to the advantage of the consumer.
Article 16 - Complaints procedure
1. The company has a sufficiently well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the company fully and clearly described within 2 months after the consumer has discovered the defects.
3. Complaints submitted to the company will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the company will respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
5. In the event of complaints, a consumer must first contact the company. If the web shop is affiliated with WebwinkelKeur and in the event of complaints that cannot be resolved by mutual agreement, the consumer must contact WebwinkelKeur ( www.webwinkelkeur.nl ), which will mediate free of charge. Check whether this web shop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/ . If a solution is still not reached, the consumer has the option of having his complaint handled by the independent disputes committee appointed by WebwinkelKeur, the decision of which is binding and both the company and the consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform ( http://ec.europa.eu/odr ).
6. A complaint does not suspend the obligations of the company, unless the company indicates otherwise in writing.
7. If a complaint is found to be justified by the company, the company will, at its discretion, either replace or repair the delivered products free of charge.
Article 17 - Disputes
1. Agreements between the company and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
2. Disputes between the consumer and the company regarding the conclusion or performance of agreements relating to products and services to be supplied or supplied by this company can, subject to the provisions below, be submitted by both the consumer and the company to the Disputes Committee Thuiswinkel, Postbus 90600, 2509 LP in The Hague (www.sgc.nl).
3. A dispute will only be handled by the Disputes Committee if the consumer has first submitted his complaint to the company 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 in another form to be determined by the Committee no later than 12 months after the date on which the consumer submitted the complaint to the company.
5. If the consumer wishes to submit a dispute to the Disputes Committee, the company is bound by this choice. The consumer should preferably report this to the company first.
6. If the company wishes to submit a dispute to the Disputes Committee, the consumer must state in writing within five weeks of a written request to that effect from the company whether he wishes to do so or whether he wishes to have the dispute handled by the competent court. If the company does not hear the consumer's choice within the period of five weeks, the company is entitled to submit the dispute to the competent court.
7. The Disputes Committee will make a decision under the conditions as set out in the regulations of the Disputes Committee . The decisions of the Disputes Committee are made by way of binding advice.
8. The Disputes Committee will not handle a dispute or will discontinue handling it if the company has been granted a moratorium, has gone bankrupt or has actually ceased his business activities before a dispute has been handled by the committee at the hearing and a final decision has been made.
9. If, in addition to the Thuiswinkel Disputes Committee, another recognised disputes committee or one affiliated with the Foundation for Consumer Disputes Committees (SGC) or the Financial Services Complaints Institute (Kifid) is authorised, the Thuiswinkel Disputes Committee shall preferably have jurisdiction for disputes relating primarily to the method of distance selling or service provision. For all other disputes, the other recognised disputes committee affiliated with the SGC or Kifid.
10. Agreements between the company and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer resides abroad.
11. The Vienna Sales Convention does not apply.