Terms & Conditions

Table of Contents

Article 1 – Definitions

Article 2 – Identity of the trader

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 right of withdrawal

Article 9 – The price

Article 10 – Conformity and warranty

Article 11 – Delivery and performance

Article 12 – Continuing agreements: duration, termination and renewal

Article 13 – Payment

Article 14 – Complaints procedure

Article 15 – Disputes

Article 16 – Additional or deviating provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer may exercise their right of withdrawal; Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance agreement with the trader; Day: calendar day; Continuing agreement: a distance agreement 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 trader to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information; Right of withdrawal: the possibility for the consumer to withdraw from the distance agreement within the cooling-off period; Model form: the model withdrawal form that the trader makes available and which a consumer can complete when wishing to exercise their right of withdrawal; Trader: the natural or legal person who offers products and/or services remotely to consumers; Distance agreement: an agreement whereby, within the framework of a system organised by the trader for the remote sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement; Technique for distance communication: a means that can be used for concluding an agreement without the consumer and trader being simultaneously present in the same place; General Terms and Conditions: the present General Terms and Conditions of the trader.

Article 2 – Identity of the trader

Ineska J.H. Prengerlaan 10 7772 XB Hardenberg The Netherlands T (+31) 616701864 E ineskacompany@gmail.com KVK 95058338

Article 3 – Applicability

These general terms and conditions apply to every offer made by the trader and to every distance agreement and orders concluded between the trader and consumer.

Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the general terms and conditions can be inspected at the trader’s premises and will be sent free of charge to the consumer as soon as possible upon request.

If the distance agreement is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph and before the distance agreement is concluded, be made available to the consumer electronically in such a way that it can easily be stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.

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 in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to them.

If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these terms and conditions will otherwise remain in force and the relevant provision will be immediately replaced 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 shall be assessed “in the spirit” of these general terms and conditions.

Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall 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 explicitly stated in the offer.

The offer is without obligation. The trader is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the trader.

All images and specifications in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

Images of products are a truthful representation of the products offered. The trader cannot guarantee that the colours displayed correspond exactly to the actual colours of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

the price including taxes;
any shipping costs;
the manner in which the agreement will be concluded and what actions are required;
whether or not the right of withdrawal applies;
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 rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate;
whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
the way in which the consumer, before concluding the agreement, can check and if desired correct the data provided by them;
any other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance agreement in the case of a continuing agreement.

Article 5 – The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set therein.

If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures.

The trader may – within legal limits – inform themselves as to whether the consumer can meet their payment obligations, as well as of all those facts and factors that are relevant to a responsible conclusion of the distance agreement. If, on the basis of this investigation, the trader has good grounds not to enter into the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to its performance.

The trader will send the consumer the following information with the product or service, in writing or in such a way that it can be stored by the consumer on a durable medium in an accessible manner:

the visiting address of the trader’s establishment where the consumer can go with 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 warranties and existing after-sales service;
the information included in Article 4 paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer before the performance of the agreement;
the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.

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

Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

Upon delivery of products:

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the trader.

During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all delivered accessories and – if reasonably possible – in its original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.

When the consumer wishes to exercise their right of withdrawal, they are required to notify the trader within 14 days of receiving the product. The consumer must do so using the model form or by means of another means of communication such as email. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must provide proof that the delivered goods were returned in a timely manner, for example by means of proof of shipment.

If the customer has not indicated within the periods mentioned in paragraphs 2 and 3 that they wish to exercise their right of withdrawal, or has not returned the product to the trader, the purchase is final.

Upon delivery of services:

Upon delivery of services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting on the day the agreement was entered into.

To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader with the offer and/or at the latest upon delivery.

Article 7 – Costs in case of withdrawal

If the consumer exercises their right of withdrawal, the costs of return shipment are at most borne by the consumer.

If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return shipment can be provided. Refund will be made via the same payment method used by the consumer unless the consumer expressly agrees to a different payment method.

If the product is damaged due to careless handling by the consumer, the consumer is liable for any reduction in value of the product.

The consumer cannot be held liable for any reduction in value of the product if the trader has not provided all legally required information about the right of withdrawal before the conclusion of the purchase agreement.

Article 8 – Exclusion of right of withdrawal

The trader may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.

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

that have been produced by the trader in accordance with the consumer’s specifications;
that are clearly personal in nature;
that cannot be returned by their nature;
that can deteriorate or expire quickly;
whose price is subject to fluctuations in the financial market over which the trader has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal;
for hygienic products of which the consumer has broken the seal.

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

concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
whose delivery has begun with the express consent of the consumer before the cooling-off period has expired;
concerning betting and lotteries.

Article 9 – The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence, at variable prices. This dependence on fluctuations and the fact that any stated prices are indicative prices will be stated with the offer.

Price increases within 3 months of the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:

they result from statutory regulations or provisions; or
the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.

The prices stated in the offer of products or services are inclusive of VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the trader is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and warranty

The trader guarantees that the products and/or services conform to the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date of conclusion of the agreement. If agreed, the trader also guarantees that the product is suitable for other than normal use.

A warranty provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can enforce against the trader under the agreement.

Any defects or incorrectly delivered products must be reported to the trader in writing within 2 months of delivery. Return of products must be made in the original packaging and in new condition.

The warranty period of the trader corresponds to the manufacturer’s warranty period. However, the trader 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 themselves or has had them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal conditions or are otherwise treated carelessly or contrary to the trader’s instructions and/or have been treated contrary to instructions on the packaging;
the defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and performance

The trader will exercise the greatest possible care when receiving and carrying out orders for products and when assessing applications for the provision of services.

The place of delivery is the address that the consumer has made known to the company.

Subject to what is mentioned in paragraph 4 of this article, the company will carry out accepted orders promptly but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be carried out or can only be partially carried out, the consumer will receive notification of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer has no right to compensation.

All delivery times are indicative. The consumer cannot derive any rights from any stated times. Exceeding a deadline does not entitle the consumer to compensation.

In the event of dissolution in accordance with paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the trader will make efforts to make a replacement article available. At the latest upon delivery, it will be clearly and understandably communicated that a replacement article is being delivered. For replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the trader.

The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 – Continuing agreements: duration, termination and renewal

Termination

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

The consumer may terminate an agreement concluded for a definite period that extends to the regular delivery of products (including electricity) or services at any time towards the end of the definite period, subject to 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 not be restricted to termination at a specific time or in a specific period;
at least in the same manner as they were entered into;
always with the same notice period as the trader has stipulated for itself.

Renewal

An agreement concluded for a definite period that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.

Contrary to the previous paragraph, an agreement concluded for a definite period that extends to the regular delivery of daily, news and weekly papers and magazines may be tacitly renewed for a definite period of up to three months, if the consumer can terminate the renewed agreement towards the end of the renewal with a notice period of no more than one month.

An agreement concluded for a definite period that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the case of an agreement extending to the regular but less than once a month delivery of daily, news and weekly papers and magazines.

An agreement with a limited duration for the regular introductory delivery of daily, news and weekly papers and magazines (trial or introductory subscription) will not be tacitly continued and ends automatically after the trial or introductory period.

Duration

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

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days of the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.

The consumer has the obligation to immediately notify the trader of any inaccuracies in provided or stated payment details.

In the event of non-payment by the consumer, the trader has the right, subject to legal restrictions, to charge the reasonable costs made known in advance to the consumer.

Article 14 – Complaints procedure

The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.

Complaints about the performance of the agreement must be submitted to the trader fully and clearly described within 2 months after the consumer has identified the defects.

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

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

For complaints, a consumer should first contact the trader. If the online shop is affiliated with Stichting WebwinkelKeur and for complaints that cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this online 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 their complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, whose ruling is binding and to which both the trader and consumer agree. Costs are involved in submitting a dispute to this disputes committee, which 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).

A complaint does not suspend the obligations of the trader unless the trader indicates otherwise in writing.

If a complaint is found to be justified by the trader, the trader will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Dutch law exclusively applies to agreements between the trader and the consumer to which these general terms and conditions relate, even if the consumer resides abroad.

The Vienna Sales Convention does not apply.

Article 16 – Additional or deviating provisions

Additional 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 way that they can be stored by the consumer on a durable medium in an accessible manner.