Terms and conditions

General Terms and Conditions - Inevoweb BV

Table of Contents:

Article 1 - Definitions
Article 2 - Identity of the trader
Article 3 - Scope
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and associated costs
Article 9 - Obligations of the trader upon withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Performance and additional guarantee
Article 13 - Delivery and execution
Article 14 - Continuous transactions: duration, termination and extension
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:

Supplementary agreement: an agreement by which 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 trader or by a third party on the basis of an agreement between that third party and the trader;
Cooling-off period: the period during which the consumer may exercise their right of withdrawal;
Consumer: a natural person who is not acting for purposes relating to their trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and supplied in digital form;
Continuous contract: a contract that extends to the regular supply of goods, services and/or digital content for a specified period;
Durable data carrier: any medium - including email - that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and enables the reproduction of the stored information in an unaltered form;
Right of withdrawal: the consumer's right to withdraw from a distance contract during the cooling-off period;
Trader: a natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
Distance contract: a contract concluded between the trader and the consumer within the framework of an organised system for the distance sale of products, digital content and/or services, whereby, up to and including the conclusion of the contract, one or more distance communication techniques are used wholly or partly;
Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I does not need to be made available if the consumer has no right of withdrawal in respect of their order;
Distance communication technique: a means that may be used to conclude a contract without the consumer and trader having to meet simultaneously in the same place.

Article 2 - Identity of the trader

Inevoweb BV

Grutbroek 30
7008AM Doetinchem
Netherlands

Telephone number: 0314640144
Email address: info@kooprijk.nl

Chamber of Commerce number: 83338748
VAT identification number: NL862834983B01

Inevoweb BV is the parent company of several webshops. When you place an order through one of our webshops, the contract is concluded with Inevoweb BV.

If the trader's activity is subject to a relevant licensing system: the details of the supervisory authority.

If the trader is engaged in a regulated profession:

the professional association or organisation of which they are a member;
the professional title and the place in the EU or European Economic Area where it was granted;
a reference to the professional rules applicable in the Netherlands and directions as to where and how these professional rules can be accessed.

Article 3 - Scope

These general terms and conditions apply to any offer made by the trader and to any distance contract concluded between the trader and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the trader shall indicate before the distance contract is concluded how the general terms and conditions can be inspected at the trader's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically before the distance contract is concluded, in derogation from the previous paragraph, in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be inspected electronically and that they will be sent to the consumer free of charge electronically or otherwise upon request.
In the event that specific product or service terms and conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favourable to them.

Article 4 - The offer

If an offer has a limited validity period or is subject to conditions, this shall be clearly 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 enable the consumer to make an informed assessment of the offer. If the trader uses images, they shall be a faithful representation of the products, services and/or digital content offered. Obvious misunderstandings or obvious errors in the offer do not bind the trader.
Every offer contains such information that the consumer clearly understands the rights and obligations associated with accepting the offer.

Article 5 - The agreement

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and complies with the conditions attached thereto.
If the consumer accepts the offer electronically, the trader shall immediately confirm receipt of the acceptance electronically. As long as the trader has not confirmed receipt of this acceptance, the consumer may rescind the contract.
If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transmission of data and shall ensure a secure web environment. If the consumer can pay electronically, the trader shall take appropriate security measures.
The trader may, within legal limits, ascertain whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this assessment, the trader has good grounds not to enter into the contract, they are entitled to refuse an order or request with reasons, or to attach special conditions to its performance.
The trader shall send the following information to the consumer in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier, no later than upon delivery of the product, service or digital content:
1. the address of the trader's premises where the consumer can lodge complaints;
2. the conditions under which and the manner in which the consumer may exercise their right of withdrawal, or a clear statement that the right of withdrawal is excluded;
3. information about guarantees and existing after-sales service;
4. the price of the product, service or digital content, including all taxes; where applicable, the delivery costs; and the method of payment, delivery or performance of the distance contract;
5. the requirements for terminating the contract if the contract has a duration of more than one year or is for an indefinite period;
6. if the consumer has a right of withdrawal, the model withdrawal form.
In the event of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal

For products:

The consumer may rescind a contract relating to the purchase of a product during a cooling-off period of 30 days without stating any reasons. The statutory cooling-off period is 14 days; Inevoweb BV voluntarily offers consumers a longer return period of 30 days for consumer orders.
The cooling-off period referred to in paragraph 1 begins on the day after the consumer, or a third party designated by the consumer in advance who is not the carrier, receives the product, or:
1. if the consumer has ordered several products in the same order: the day the consumer, or a third party designated by them, receives the last product. The trader may refuse an order containing several products with different delivery times, provided they have clearly informed the consumer of this prior to the ordering process.
2. if the delivery of a product consists of several shipments or parts: the day the consumer, or a third party designated by them, receives the last shipment or part;
3. for contracts for the regular supply of products for a specified period: the day the consumer, or a third party designated by them, receives the first product.

For services and digital content not supplied on a material carrier:

The consumer may rescind a service contract and a contract for the supply of digital content not supplied on a material carrier during a cooling-off period of 30 days without stating any reasons. The statutory cooling-off period is 14 days; Inevoweb BV voluntarily offers a longer cooling-off period of 30 days, unless this is contrary to mandatory legal provisions (for example, for immediately performed digital content or fully performed services).
The cooling-off period referred to in paragraph 3 begins on the day following the conclusion of the contract.

Extended cooling-off period for products, services and digital content not supplied on a material carrier if the consumer is not informed about the right of withdrawal:

If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the (statutory) cooling-off period expires twelve months after the end of the original cooling-off period as determined in accordance with the previous paragraphs of this article.
If the trader provides the consumer with the information referred to in the previous paragraph within twelve months after the start date of the original cooling-off period, the (statutory) cooling-off period expires 14 days after the day the consumer receives that information. The longer cooling-off period of 30 days voluntarily offered by Inevoweb BV is without prejudice to these statutory periods.

Article 7 - Obligations of the consumer during the cooling-off period

During the cooling-off period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to establish its nature, characteristics and functionality. The principle is that the consumer may only handle and inspect the product as they would be allowed to do in a shop.
The consumer is only liable for any reduction in the value of the product resulting from handling the product in a manner that exceeds what is permitted in paragraph 1.
The consumer is not liable for any reduction in the value of the product if the trader has not provided them with all legally required information about the right of withdrawal before or at the time of concluding the contract.

Article 8 - Exercise of the right of withdrawal by the consumer and associated costs

If the consumer exercises their right of withdrawal, they shall notify the trader of this during the cooling-off period using the model withdrawal form or in another unambiguous manner.
As soon as possible, but preferably within 14 days and no later than 30 days after the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an agent of) the trader. This is not necessary if the trader has offered to collect the product themselves. In any event, the consumer has complied with the return period if they return the product before the (extended) cooling-off period of 30 days has expired.
The consumer shall return the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
The consumer bears the risk and the burden of proof for the proper and timely exercise of the right of withdrawal.
The consumer bears the direct costs of returning the product. If the trader has not stated that the consumer must bear these costs, or if the trader states that they will bear the costs themselves, the consumer does not have to bear the return costs.
If the consumer withdraws after having first expressly requested that the performance of the service or the supply of gas, water or electricity, which has not been made ready for sale in a limited volume or specified quantity, commence during the cooling-off period, the consumer owes the trader an amount proportionate to the part of the obligation that the trader has performed 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, which has not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
1. the trader has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs upon withdrawal, or the model withdrawal form, or;
2. 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.
The consumer does not bear any costs for the full or partial supply of digital content not supplied on a material carrier, if:
1. they have not expressly agreed prior to delivery that performance of the contract may begin before the end of the cooling-off period;
2. they have not acknowledged that they lose their right of withdrawal by giving their consent; or
3. the trader has failed to confirm this statement from the consumer.
If the consumer exercises their right of withdrawal, all supplementary agreements are rescinded by operation of law.
Even if the consumer purchases a return label or return shipment through the trader or has it generated through the webshop, the consumer remains responsible for offering the return package to the relevant carrier on time and correctly, and for packaging it sufficiently. The risk of loss or damage during the return shipment lies with the consumer until the product has been received by the trader, subject to the mandatory statutory rules regarding consumer purchases and the right of withdrawal.

Article 9 - Obligations of the trader upon withdrawal

If the trader makes it possible for the consumer to notify them of withdrawal electronically, they shall immediately send a confirmation of receipt after receiving this notification.
The trader shall refund all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay and within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the trader offers the consumer the option of collecting the product themselves, they may delay refunding until they have received the product or until the consumer demonstrates that they have sent the product back, whichever occurs earlier.
The trader shall use the same payment method used by the consumer for the refund, unless the consumer agrees to another method. The refund shall be free of charge for the consumer.
If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the trader is not required to refund the additional costs of the more expensive method.

Article 10 - Exclusion of the right of withdrawal

The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, at least before the conclusion of the agreement:

Products or services whose price is subject to fluctuations in the financial markets which are beyond the trader's control and which may occur during the withdrawal period;
Agreements concluded at a public auction. A public auction is understood to be a method of sale whereby products, digital content and/or services are offered by the trader to consumers who are personally present or are given the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to take delivery of the products, digital content and/or services;
Service agreements, after the service has been fully performed, but only if:
1. the performance has begun with the express prior consent of the consumer; and
2. the consumer has declared that they will lose their right of withdrawal as soon as the trader has fully performed the agreement;
Package tours as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements;
Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and is not for residential purposes, transport of goods, car rental services and catering;
Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance;
Products manufactured according to the consumer's specifications, which are not prefabricated and are manufactured based on an individual choice or decision of the consumer, or which are clearly intended for a specific person. For these custom-made products, return is not possible, unless there is a defect or non-conformity according to the law;
Orders that are ordered in unusual or large quantities at the express request of the customer and do not belong to the standard range, and/or are specially purchased from the supplier, cannot be returned, unless there is a defect or non-conformity according to the law. For consumers, the mandatory statutory rules regarding the right of withdrawal apply at all times; for business customers (orders in the name of a company/Chamber of Commerce), such special orders are in principle not accepted for return, unless otherwise agreed in writing;
Products that spoil quickly or have a limited shelf life;
Sealed products which are not suitable for being returned for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products which, after delivery, are irrevocably mixed with other products by their nature;
Alcoholic beverages whose price was agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the trader has no control;
Sealed audio, video recordings and computer software, whose seal has been broken after delivery;
Newspapers, periodicals or magazines, with the exception of subscriptions to them;
The supply of digital content other than on a tangible medium, but only if:
1. the performance has begun with the express prior consent of the consumer; and
2. the consumer has declared that they thereby lose their right of withdrawal.

Article 11 - The price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial markets over which the trader has no control at variable prices. This dependence on fluctuations and the fact that any stated prices are indicative prices shall 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 trader has agreed to this and:
1. they are the result of statutory regulations or provisions; or
2. the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.

Article 12 - Performance of agreement and extra guarantee

The trader is responsible for ensuring 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 trader is also responsible for ensuring that the product is suitable for other than normal use.
An extra guarantee provided by the trader, their supplier, manufacturer or importer shall never limit the statutory rights and claims that the consumer may assert against the trader on the basis of the agreement if the trader has failed to perform their part of the agreement.
An extra guarantee is understood to be any commitment by the trader, their supplier, importer or producer whereby they grant the consumer certain rights or claims that go beyond what they are legally obliged to provide in the event that they have failed to perform their part of the agreement.

Article 13 - Delivery and performance

The trader shall exercise the utmost care when receiving and performing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the trader.
Subject to what is stated about this in Article 4 of these general terms and conditions, the trader shall perform accepted orders with due speed, but no later than within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be performed or can only be partially performed, the consumer shall receive notice of this no later than 30 days after they have placed the order. In that case, the consumer has the right to rescind the agreement free of charge and is entitled to any damages.
After rescission in accordance with the previous paragraph, the trader shall refund the amount paid by the consumer without delay.
The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative previously designated and made known to the trader, unless expressly agreed otherwise.

Article 14 - Continuous transactions: duration, termination and extension

Termination:

The consumer may at any time terminate an agreement concluded for an indefinite period that provides for the regular delivery of products (including electricity) or services, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may at any time terminate an agreement concluded for a fixed period that provides for the regular delivery of products (including electricity) or services, at the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may:
- terminate the agreements mentioned in the previous paragraphs at any time and shall not be limited to termination at a specific time or during a specific period;
- at least terminate them in the same manner as they were concluded;
- always terminate them with the same notice period as the trader has agreed for themselves.

Extension:

An agreement concluded for a fixed period that provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Notwithstanding the previous paragraph, an agreement concluded for a fixed period that provides for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed period of no more than three months, provided that the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
An agreement concluded for a fixed period that provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may at any time terminate it with a notice period of no more than one month. The notice period is no more than three months in the event that 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 introductory delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period expires.

Duration:

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

Article 15 - Payment

Unless otherwise provided in the agreement or supplementary 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 for the provision of a service, this period starts on the day after the consumer has received confirmation of the agreement.
When selling products to consumers, the consumer may never be required by general terms and conditions to pay more than 50% in advance. When advance payment is agreed, the consumer cannot assert any right regarding the performance of the relevant order or service(s) before the agreed advance payment has been made.
The consumer has the obligation to immediately report any inaccuracies in the payment details provided or stated to the trader.
If the consumer does not meet their payment obligation(s) on time, they shall, after being notified by the trader of the late payment and after the trader has granted the consumer a period of 14 days to still meet their payment obligations, and after payment has not been received within this 14-day period, owe statutory interest on the outstanding amount and the trader is entitled to charge the extrajudicial collection costs incurred by them. 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 trader may deviate from the stated amounts and percentages in favor of the consumer.

Article 16 - Complaints procedure

The trader has a sufficiently publicized complaints procedure and shall handle the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to the trader in full and clearly described within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the trader shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader shall answer within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
The consumer must give the trader at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 17 - Disputes

Dutch law exclusively applies to agreements between the trader and the consumer to which these general terms and conditions apply.

Article 18 - Supplementary or deviating provisions

Supplementary or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a manner that they can be stored by the consumer in an accessible way on a durable data carrier.

Appendix I: Model form for withdrawal

(only fill out and return this form if you wish to rescind the agreement)

To:
[Trader name]
[Trader's geographical address]
[Trader's fax number, if available]
[Trader's email address or electronic address]

I/We* hereby inform you that I/we* rescind our agreement regarding

the sale of the following products: [product description]*
the delivery of the following digital content: [digital content description]*
the performance of the following service: [service description]*

rescinded/rescind*

Ordered on*/received on* [order date for services or receipt date for products]

[Consumer name(s)]
[Consumer address(es)]

[Consumer signature(s)] (only if this form is submitted on paper)

[Date]

* Cross out what is not applicable or fill in what is applicable.