Terms and conditions

Terms and conditions

Section 1 - Definitions

 In these terms and conditions, the following definitions shall apply:

Reflection period: the period within which the consumer can exercise his right of withdrawal.

Consumer: the natural person not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.

Day: calendar day.

Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.

Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period.

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

Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication.

Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having come together in the same room at the same time.

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

 Article 2 - Entrepreneur's identity

Company name: Delisimo

Chamber of Commerce number: On request

VAT number: NL004699193B15


Article 3 - Applicability

 These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

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, before the remote agreement is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and they will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, contrary to 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 it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to him.

If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force and the provision concerned shall be replaced without delay by mutual agreement with a provision that approximates the purport of the original as closely as possible.

Situations not covered by these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.

Uncertainties about the interpretation or content of one or more provisions of our terms and conditions are to 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 without obligation. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services on offer. 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 offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

All images, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.

Images accompanying products are a true representation of the products on offer. Entrepreneur cannot guarantee that the colours displayed correspond exactly to the real colours of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
the price, excluding customs clearance costs and import VAT. These additional costs will be at the customer's expense and risk. The postal and/or courier service will use the special regulation for postal and courier services with regard to imports. This scheme applies if the goods are imported into the EU country of destination, which is the case in the present case. The postal and/or courier service collects the VAT (whether or not together with the customs clearance fees charged) from the recipient of the goods. 

Any costs of shipment:

the manner in which the agreement will be concluded and which actions are necessary for that purpose.

whether or not the right of withdrawal is applicable.

the method of payment, delivery and performance of the agreement.

the period for accepting the offer, or the period within which the trader guarantees the price.

the height of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic tariff for the means of communication used.

 

  • Whether the agreement is archived after its conclusion, and if so, how it can be accessed by the consumer;
  • The manner in which the consumer, prior to concluding the agreement, can review and, if necessary, correct the information they provided as part of the agreement;
  • The other languages, if any, in which the agreement can be concluded besides Dutch;
  • The codes of conduct to which the entrepreneur has committed and how the consumer can consult these codes of conduct electronically; and
  • The minimum duration of the distance agreement in the case of a recurring transaction.

Optional: available sizes, colors, types of materials.

 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 therein.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as the 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 organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur may – within legal boundaries – investigate whether the consumer can fulfill their payment obligations, as well as all facts and factors relevant for responsibly concluding a distance agreement. If, based on this investigation, the entrepreneur has valid reasons not to conclude the agreement, they are entitled to refuse an order or application with reasons provided or attach special conditions to the execution.

The entrepreneur will provide the following information to the consumer in writing, or in such a way that the consumer can store it accessibly on a durable medium, along with the product or service:

  • The address of the entrepreneur's establishment where the consumer can lodge complaints;
  • 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;
  • Information about guarantees and existing post-purchase services;
  • The information included in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer prior to executing the agreement;
  • The requirements for terminating the agreement if it has a duration of more than one year or is indefinite.

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

Each agreement is concluded under the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to dissolve the agreement without providing reasons within 14 days. This cooling-off period begins the day after the consumer, or a representative previously designated by the consumer and notified to the entrepreneur, receives the product.

During the cooling-off period, the consumer will handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises their right of withdrawal, they will return the product with all supplied 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 their right of withdrawal, they are required to notify the entrepreneur within 14 days of receiving the product. Notification must be done in writing or via email. After the consumer has indicated their intent to exercise the right of withdrawal, they must return the product within 14 days. The consumer must provide proof that the returned product was sent in time, for example, through proof of shipment.

If the consumer does not notify the entrepreneur of their intent to withdraw within the periods specified in paragraphs 2 and 3, or does not return the product to the entrepreneur, the purchase is final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the costs of returning the products are borne by the consumer.

If the consumer has already paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition is that the product has been returned or conclusive proof of its return has been provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as specified in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer or at least in a timely manner before concluding the agreement.

Exclusion of the right of withdrawal is only possible for products:

  • That have been made to the consumer’s specifications;
  • That are clearly personal in nature;
  • That cannot be returned due to their nature;
  • That spoil or age quickly;
  • Whose price is subject to fluctuations in the financial market that the entrepreneur cannot influence;
  • For loose newspapers and magazines;
  • For audio and video recordings and computer software where the seal has been broken by the consumer;
  • For hygienic products where the seal has been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services:

  • Regarding accommodation, transportation, catering, or leisure activities to be performed on a specific date or during a specific period;
  • Whose delivery has begun with the consumer’s explicit consent before the cooling-off period has expired;
  • Concerning bets and lotteries.

     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.

    Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices if these prices are subject to fluctuations in the financial market over which the entrepreneur has no influence. This dependency on fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.

    Price increases within three months of the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.

    Price increases starting from three months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

    • they are the result of statutory regulations or provisions; or
    • the consumer has the right to terminate the agreement as of the day the price increase takes effect.

    The place of delivery is determined, pursuant to Article 5, paragraph 1 of the Dutch Turnover Tax Act 1968, as the country where transport begins. In this case, the delivery takes place outside the EU. Consequently, import VAT or clearance fees will be charged to the customer by the postal or courier service. Therefore, no VAT will be charged by the entrepreneur.

    All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In case of printing or 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, reasonable standards of reliability 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.

    Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may exercise against the entrepreneur under the agreement.

    Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days of delivery. Returned products must be in their original packaging and in new condition.

    The warranty period offered by the entrepreneur 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 or has had them repaired and/or modified by third parties;
    • The delivered products have been exposed to abnormal conditions, treated carelessly, or used contrary to the entrepreneur’s instructions and/or the instructions on the packaging;
    • The defect is wholly or partially the result of regulations set by the government regarding the nature or quality of the materials used.

    Article 11 – Delivery and Execution

    The entrepreneur will exercise the utmost care in receiving and executing product orders.

    The place of delivery is the address provided by the consumer to the entrepreneur.

    With due regard to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders promptly but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified within 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement at no cost and may be entitled to compensation.

    In case of termination in accordance with the previous paragraph, the entrepreneur will refund any amount paid by the consumer as soon as possible, but no later than 14 days after termination.

    If delivery of an ordered product proves impossible, the entrepreneur will make every effort to offer a replacement item. At the latest, upon delivery, it will be clearly and understandably stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment will be borne by the entrepreneur.

    The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and disclosed representative, unless explicitly agreed otherwise.

    Article 12 – Duration Transactions: Termination, Renewal, and Duration

    Termination
    The consumer may terminate an agreement entered into for an indefinite period, which includes the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and with a notice period of no more than one month.

    The consumer may terminate an agreement entered into for a definite period, which includes the regular delivery of products (including electricity) or services, at any time at the end of the specified duration, subject to the agreed termination rules and with a notice period of no more than one month.

    The consumer may terminate the agreements mentioned in the previous paragraphs:

    at any time and without restriction to a specific time or period;
    at least in the same manner as the agreements were entered into by the consumer;
    always with the same notice period that the entrepreneur has stipulated for itself.

    Renewal
    An agreement entered into for a definite period that involves the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
    In deviation from the previous paragraph, an agreement entered into for a definite period that involves the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, provided that the consumer may terminate the extended agreement at the end of the extension period with a notice period of no more than one month.
    An agreement entered into for a definite period that involves the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. A notice period of no more than three months applies if the agreement involves regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.
    An agreement of limited duration for the regular introduction to daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.

    Duration
    If an agreement has a duration of more than one year, the consumer may terminate it at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise and prevent termination before the end of the agreed duration.

    Article 13 – Payment

    Unless otherwise agreed, amounts due by the consumer must be paid within seven working days after the start of the withdrawal period referred to in Article 6(1). For an agreement for the provision of a service, this period begins after the consumer receives confirmation of the agreement.

    The consumer has a duty to promptly report any inaccuracies in payment details provided or stated to the entrepreneur.
    In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs previously communicated to the consumer.

    Article 14 – Complaints Procedure

    Complaints about the execution of the agreement must be submitted to the entrepreneur in full and clearly described within seven days after the consumer has identified the defects.
    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 will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
    If a complaint cannot be resolved by mutual agreement, it creates a dispute subject to the dispute resolution procedure.
    A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing.
    If the entrepreneur deems a complaint to be well-founded, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

    Article 15 – Disputes

    Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides outside the Netherlands.