Table of contents:
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Handling of the product during the withdrawal period
Article 8 – Exercise of the right of withdrawal
Article 9 – Costs in case of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Performance of the agreement and extra guarantee
Article 13 – Execution of the agreement and delivery
Article 14 – Continuing contracts: duration, termination and renewal
Article 15 – Payment
Article 16 – Accounts and registration
Article 17 – Force majeure
Article 18 – Complaints procedure
Article 19 – Privacy and security
Article 20 – Additional or deviating provisions
Article 21 – Applicable law
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
1. Withdrawal period: the period within which the consumer can make use of their right of withdrawal;
2. Consumer: the natural person who does not act for purposes related to their trade, business, craft or profession and who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Continuing performance contract: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
5. Durable data carrier: any tool that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information;
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the withdrawal period;
7. Model form: the model withdrawal form made available by the entrepreneur that a consumer can use when they wish to exercise their right of withdrawal;
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;
10. Technique for distance communication: means that can be used for concluding an agreement without the consumer and entrepreneur being together in the same room at the same time;
11. Terms and Conditions: these present general terms and conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Digital Economy Hub B.V.
Trading under the names: Hollandse Huisjes, Haarlemse Huisjes, DeHuisjes;
Registered office:
Digital Economy Hub B.V.
Horsterweg 27, Unit 1.2,
6199 AC, Maastricht-Airport
Email: info@digitaleconomyhub.com
Phone number: +31 20 244 4444
Chamber of Commerce number: 69821593
VAT identification number: NL858026247B01
Article 3 – Applicability
1. These terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these terms and conditions shall be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the terms and conditions can be inspected at the entrepreneur’s premises and will be sent free of charge as soon as possible at the consumer’s request.
3. If the distance contract is concluded electronically, in deviation from the previous paragraph, the text of these terms and conditions may 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 contract is concluded where the terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge, electronically or otherwise, upon request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second paragraph applies mutatis mutandis and in the event of conflicting terms and conditions the consumer may always rely on the provision most favourable to them.
5. 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 shall otherwise remain in force and the relevant provision shall be replaced by mutual agreement without delay by a provision that approximates the intent of the original as closely as possible.
6. Situations not provided for in these terms and conditions shall be assessed in accordance with the spirit of these terms and conditions.
7. Ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions shall be interpreted in accordance with the spirit of these terms and conditions.
Article 4 – The offer
1. Obvious mistakes or obvious errors in the offer of products, digital content and/or services are not binding on the entrepreneur.
2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
3. Each offer contains sufficient information to make clear to the consumer what rights and obligations are involved in acceptance of the offer.
4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
5. Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colours exactly match the actual colours of the products.
Article 5 – The agreement
1. The agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions set.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically.
3. The entrepreneur may, within the legal framework, verify whether the consumer can meet their payment obligations, as well as all facts and factors that are important for responsibly entering into the distance contract. If the entrepreneur has good reasons not to enter into the agreement based on this investigation, they are entitled to refuse an order or application with reasons, or to attach special conditions to its execution.
4. Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.
Article 6 – Right of withdrawal
1. The consumer may dissolve an agreement regarding the purchase of a product during a reflection period of 14 days without giving reasons.
2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
a. if the consumer has ordered several products in the same order: the day on which the consumer or a third party designated by them received the last product.
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 them received the last shipment or part.
c. in the case of contracts for regular delivery of products over a certain period: the day on which the consumer or a third party designated by them received the first product.
3. If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product by means of the model form or another unambiguous statement. After notification, the consumer must return the product within 14 days. The burden of proof lies with the consumer.
4. If the consumer has not made it known within the periods mentioned in paragraphs 2 and 3, or has not returned the product, the purchase is a fact.
5. The consumer can also dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium within 14 days without giving reasons. The reflection period starts on the day after the agreement is concluded.
Article 7 – Handling of the product during the withdrawal period
1. During the reflection period, the consumer shall handle the product and packaging with care. They will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product.
2. If they exercise the right of withdrawal, the consumer shall return the product with all delivered accessories and, if reasonably possible, in the original condition and packaging, in accordance with reasonable and clear instructions provided by the entrepreneur.
3. The consumer is liable for any depreciation of the product resulting from handling beyond what is permitted.
Article 8 – Exercise of the right of withdrawal
1. If the consumer exercises the right of withdrawal, they must notify the entrepreneur within the reflection period by means of the withdrawal form or another unambiguous statement.
2. The consumer must return the product as soon as possible, but within 14 days after the notification. The risk and burden of proof for correct and timely exercise of the right of withdrawal lies with the consumer.
3. The consumer bears the direct costs of returning the product.
4. If service performance has already started during the reflection period, the consumer owes a proportionate amount corresponding to the part already performed.
Article 9 – Costs in case of withdrawal
1. If the consumer exercises the right of withdrawal, at most the costs of return shall be borne by the consumer.
2. If the consumer has paid an amount, the entrepreneur shall refund this as soon as possible, but no later than 14 days after withdrawal, provided the product has been received back or proof of return has been submitted.
3. In case of damage due to careless handling by the consumer, the consumer is liable for any depreciation.
Article 10 – Exclusion of the right of withdrawal
The entrepreneur excludes the following from the right of withdrawal:
a. Service agreements after full performance of the service, provided the consumer agreed and acknowledged the loss of the right of withdrawal.
b. Products manufactured according to consumer specifications, which are not prefabricated and are made based on individual choice or clearly intended for a specific person.
c. The supply of digital content not supplied on a tangible medium, provided the execution has begun with the consumer’s prior consent and acknowledgment of losing the right of withdrawal.
Article 11 – The price
1. Prices of products and/or services will not be increased during the validity period of the offer, except for changes in VAT rates.
2. Products/services subject to fluctuations in the financial market beyond the entrepreneur’s control may be offered with variable prices. This will be stated in the offer.
3. Price increases within 3 months of the conclusion of the agreement are only permitted if based on statutory regulations.
4. Price increases after 3 months are permitted only if the entrepreneur has stipulated this and the consumer has the right to terminate the agreement.
5. Prices include VAT.
6. All prices are subject to printing and typographical errors. No liability is accepted for such errors. In case of errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 12 – Performance of the agreement and extra guarantee
1. The entrepreneur warrants that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the agreement is concluded.
2. No claim can in any case be made to what is stated under paragraph 1 of this article (i) in the event of damage due to intent or negligence, (ii) in the event of normal wear and tear and/or (iii) in the event of damage resulting from failure to observe the instructions for use or usage directions correctly.
3. Any extra guarantee provided by the entrepreneur, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfil their part of the agreement.
4. “Extra guarantee” means any commitment by the entrepreneur, their supplier, importer or producer under which they grant the consumer certain rights or claims that go beyond what they are legally obliged to do if they have failed to fulfil their part of the agreement.
5. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. Products must be returned in the original packaging and in new condition.
6. The entrepreneur’s warranty period corresponds to the factory 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.
7. The warranty does not apply if:
• The consumer has repaired and/or processed the delivered products themselves or has had them repaired and/or processed by third parties;
• The delivered products have been exposed to abnormal conditions or are otherwise treated carelessly or contrary to the entrepreneur’s instructions and/or those on the packaging;
• The defect is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.
Article 13 – Execution of the agreement and delivery
1. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. The consumer must provide the correct address and email address to the entrepreneur. Any changes must also be communicated in good time. If the consumer has provided an incorrect address for delivery, the additional shipping costs are for the consumer’s account.
4. Delivery takes place while stocks last.
5. Ownership of delivered products passes to the consumer after the amount due has been paid. The risk of the products passes at the time of delivery to the consumer.
6. Subject to what is stated in paragraph 7 of this article, the company will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be notified of this no later than 30 days after the order was placed. In that case the consumer has the right to dissolve the agreement at no cost. The consumer is not entitled to compensation.
7. All delivery terms are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
8. In the event of dissolution in accordance with paragraph 6 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
9. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to make a replacement article available. At the latest upon delivery, it will be stated clearly and comprehensibly that a replacement article is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are for the entrepreneur’s account.
10. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and made known representative to the entrepreneur, unless expressly agreed otherwise.
Article 14 – Continuing contracts: duration, termination and renewal
Termination
1. The consumer may terminate an agreement that has been entered into for an indefinite period and that 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 may terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time at 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 may terminate the agreements referred to in the preceding paragraphs:
• at all times and is not limited to termination at a specific time or in a specific period;
• at least in the same manner as they were entered into by the consumer;
• always with the same notice period as the entrepreneur has stipulated for themselves.
Renewal
4. An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
5. By way of derogation from the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month.
6. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended 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 event the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. An agreement with limited duration for the regular delivery for trial or introductory purposes 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.
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 duration.
Article 15 – Payment
1. Unless otherwise provided in the agreement, the amounts owed by the consumer must be paid within 7 days after the start of the reflection period, or, in the absence of a reflection period, within 7 days after concluding the agreement. In the case of an agreement for the provision of a service, this term starts on the day after the consumer has received the confirmation of the agreement.
2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay. Payment orders for giro and banking institutions are for the account and risk of the person who issues the order (or the authorization) to pay.
3. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs made known in advance.
Article 16 – Accounts and registration
1. The consumer may create an account or otherwise register on the website. The entrepreneur reserves the right to refuse a request for such registration or to terminate the registration again, for example after detecting irregularities.
2. Login details are strictly personal and may not be made available to third parties. The consumer is responsible for the use of their login details, even if that occurs without their knowledge.
3. The consumer shall notify the entrepreneur immediately if they suspect that their login details are known to a third party or if irregularities otherwise occur.
4. The consumer is not permitted to request or manage more than one account. Furthermore, the consumer is not permitted to request or manage (again) an account after the entrepreneur has refused the consumer’s request for an account or has terminated an account after registration.
Article 17 – Force majeure
The entrepreneur and the consumer are not obliged to fulfil any obligation if they are hindered from doing so as a result of a circumstance that is not due to their fault and that is not for their account under the law, a legal act or generally accepted views.
Article 18 – Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur as soon as possible after the consumer has discovered the defects, fully and clearly described.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will reply within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.
5. Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
Article 19 – Privacy and security
1. The entrepreneur respects the customer’s privacy. The entrepreneur processes all personal data provided to it in accordance with applicable legislation, in particular the General Data Protection Regulation (GDPR). The customer consents to this processing. To protect the customer’s personal data, the entrepreneur applies appropriate security measures.
2. For more information about privacy, reference is made to the entrepreneur’s website.
Article 20 – Additional or deviating provisions
1. Any deviations from these general terms and conditions can only be agreed in writing. No rights can be derived from such deviations with regard to later legal relationships entered into.
2. The administration of the entrepreneur serves, subject to proof to the contrary, as proof of the requests and/or orders made by the consumer. The consumer acknowledges that electronic communication can serve as proof.
3. The entrepreneur is entitled to transfer the rights and obligations under the agreement with you to a third party by giving you simple notice.
4. If and insofar as any provision of the general terms and conditions is declared null and void or annulled, the other provisions of these general terms and conditions will remain in full force. The entrepreneur will then establish a new provision to replace the null/annulled provision, whereby the intent of the null/annulled provision will be observed as much as possible.
Article 21 – Applicable law
Agreements, and all non-contractual obligations arising therefrom, between the entrepreneur and the consumer to which these general terms and conditions relate, are exclusively governed by Dutch law.