Terms of service
Table of Contents:
Article 1 - DefinitionsArticle 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the reflection period
Article 8 - Exercise of the right of withdrawal by the consumer and its costs
Article 9 - Obligations of the entrepreneur in case of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Compliance and additional warranty
Article 13 - Delivery and execution
Article 14 - Duration transactions: duration, cancellation, and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or different provisions
Article 1 - Definitions
In these conditions, the following terms mean:
Additional agreement: an agreement in which the consumer acquires products, digital content, and/or services related to a distance contract, and these goods, digital content, and/or services are delivered by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;
Reflection period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act for purposes related to his trade, business, craft, or profession;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Duration agreement: an agreement that aims at the regular delivery of goods, services, and/or digital content over a certain period;
Durable data carrier: any tool - including email - that allows the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period that matches the purpose for which the information is intended and which allows unaltered reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to cancel the distance contract within the reflection period;
Entrepreneur: the natural or legal person who offers products, (access to) digital content, and/or services to consumers from a distance;
Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content, and/or services, using one or more techniques for distance communication;
Model form for withdrawal: the European model form for withdrawal included in Annex I of these conditions. Annex I does not have to be made available if the consumer has no right of withdrawal regarding his order;
Technique for distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being in the same room at the same time.
Article 2 - Identity of the entrepreneur
Petra’s Special teas (part of Practice Petra de Vries)
Loopveldweg 93
3645WK Vinkeveen
Phone number: 06 12 05 53 18
(Available by phone from Mon to Fri 13.00 – 16.00, except holidays)
Email address: info@petrasspecialteas.com
Chamber of Commerce number: 30206765
VAT identification number: NL001963692B51
Article 3 - Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the general terms and conditions can be read 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 also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting conditions, the consumer can always invoke the applicable provision that is most favorable to him.
**Article 4 - The offer**
If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to accepting the offer.
**Article 5 - The agreement
**
The agreement is subject to the provisions of paragraph 4, concluded at the moment the consumer accepts the offer and meets the corresponding conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can terminate 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 take appropriate security measures.
The entrepreneur can - within the law - inform himself if the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
The entrepreneur will send the following information with the product, service, or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about guarantees and existing service after purchase;
d. the price including all taxes on the product, service, or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery, or implementation of the distance contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
f. if the consumer has a right of withdrawal, the model form for withdrawal.
In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
**Article 6 - Right of withdrawal**
Upon delivery of products:
When purchasing products, the consumer has the option to terminate the contract without giving any reason within 14 days. This reflection period starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided he has clearly informed the consumer about this before the ordering process, refuse an order for several products with different delivery times.
b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;
c. for contracts for the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, received the first product.
For services and digital content that is not supplied on a tangible medium:
When delivering services and digital content that is not supplied on a tangible medium, the consumer has the option to terminate the contract without giving any reason for at least 14 days. This reflection period starts on the day following the conclusion of the agreement.
Extended reflection period for products, services, and digital content that is not supplied on a tangible medium when not informed about the right of withdrawal:
If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the reflection period will end twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the starting day of the original reflection period, the reflection period will expire 14 days after the day on which the consumer received that information.
**Article 7 - Obligations of the consumer during the reflection period**
During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
The consumer is only liable for the depreciation of the product that is the result of a way of handling the product that goes beyond what is allowed in paragraph 1.
The consumer is not liable for the depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
**Article 8 - Exercise of the right of withdrawal by the consumer and its costs**
If the consumer makes use of his right of withdrawal, he must report this to the entrepreneur within the reflection period using the model form for withdrawal or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the reflection period has expired.
The consumer returns the product with all delivered accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for returning the product.
If the consumer withdraws after having first expressly requested that the provision of the service or the supply of gas, water, or electricity not prepared for sale in a limited volume or quantity starts during the reflection period, the consumer owes the entrepreneur an amount that is proportional to that part of the commitment that the entrepreneur has fulfilled at the time of withdrawal, compared to the full fulfillment of the commitment.
The consumer does not bear any costs for the performance of services or the supply of water, gas, or electricity that are not put up for sale in a limited volume or quantity, or for the supply of district heating if:
a. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal, or the model form for withdrawal, or;
b. the consumer has not expressly requested the start of the execution of the service or the supply of gas, water, electricity, or district heating during the reflection period.
The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium if:
a. he has not expressly agreed to start the fulfillment of the agreement before the end of the reflection period before its delivery;
b. he has not acknowledged losing his right of withdrawal when giving his consent; or
c. the entrepreneur has failed to confirm this statement from the consumer.
If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.
**Article 9 - Obligations of the entrepreneur in case of withdrawal**
If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt after receiving
this notification.
The entrepreneur reimburses all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to reimburse until he has received the product or until the consumer demonstrates that he has returned the product, whichever occurs first.
The entrepreneur uses the same payment method that the consumer used for reimbursement unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
**Article 10 - Exclusion of the right of withdrawal**
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:
a. Products or services whose price is subject to fluctuations in the financial market on which the entrepreneur has no influence and which may occur within the withdrawal period;
b. Agreements concluded during a public auction. A public auction is understood to mean a sales method in which products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content, and/or services;
c. Service contracts, after full performance of the service, but only if:
i. the performance has started with the express prior consent of the consumer; and
ii. the consumer has declared that he will lose his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
d. Service contracts for the provision of accommodation, if a specific date or period of performance is provided for in the contract and other than for residential purposes, goods transport, car rental services, and catering;
e. Agreements related to leisure activities if a specific date or period of performance is provided for in the contract;
f. Products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;
g. Products that spoil quickly or have a limited shelf life;
h. Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
i. Products that, after delivery, by their nature, have been irrevocably mixed with other products;
j. Alcoholic beverages whose price was agreed upon at the time of the conclusion of the contract, the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence;
k. Sealed audio, video recordings, and computer software, the seal of which has been broken after delivery;
l. Newspapers, magazines, or magazines, with the exception of subscriptions to them;
m. The delivery of digital content other than on a tangible medium, but only if:
i. the performance has started with the express prior consent of the consumer;
ii. the consumer has declared that he thereby loses his right of withdrawal.
**Article 11 - The price**
During the period mentioned in the offer, the prices of the offered products and/or services are not increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This obligation to fluctuations and the fact that any mentioned prices are target prices are mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the right to terminate the contract as of the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.
**Article 12 - Compliance agreement and extra guarantee**
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
An extra guarantee provided by the entrepreneur, his supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur based on the contract if the entrepreneur has failed to fulfill his part of the agreement.
An extra guarantee is understood to mean any obligation of the entrepreneur, his supplier, importer, or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfill his part of the agreement.
**Article 13 - Delivery and execution**
The entrepreneur will take the greatest possible care when receiving and implementing 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 entrepreneur.
With due observance of what is stated in paragraph 4 of this article, the entrepreneur will execute accepted orders expeditiously but no later than 30 days unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without any costs and is entitled to any compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will reimburse the amount that the consumer has paid as soon as possible but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement article. At the latest at the time of delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are 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 pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.
**Article 14 - Duration transactions: duration, termination, and extension**
Termination:
The consumer can terminate an agreement that has been concluded 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 up to one month.
The consumer can terminate an agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time by the end of the stipulated term, with due observance of the agreed termination rules and a notice period of up to
one month.
Regarding the agreements mentioned in the previous paragraphs, the consumer can:
- terminate them at any time and not be limited to termination at a specific time or in a specific period;
- at least terminate them in the same way as they were entered into by him;
- always terminate them with the same notice period as the entrepreneur has stipulated for himself.
Extension:
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 automatically extended or renewed for a fixed period.
Notwithstanding 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 renewed for a fixed period of a maximum of three months if the consumer can terminate this extended agreement by the end of the extension with a notice period of up to one month.
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 automatically extended for an indefinite period if the consumer can terminate it at any time with a notice period of up to one month. The notice period is up to three months if the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
An agreement with a limited duration for the regular 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.
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 up to one month, unless reasonableness and fairness oppose termination before the end of the agreed term.
**Article 15 - Payment**
Unless otherwise specified in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. When advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) before the stipulated advance payment has been made.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
If the consumer does not meet his payment obligation(s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the failure to pay within this 14-day period, the statutory interest is due on the amount owed, and the entrepreneur is entitled to charge the extrajudicial collection costs he has incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000 with a minimum of € 40. The entrepreneur can deviate from the mentioned amounts and percentages in favor of the consumer.
**Article 16 - Complaints procedure**
The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution.
In the event of complaints, a consumer must first turn to the entrepreneur. If the complaint is not resolved by mutual agreement, the consumer has the opportunity to have his complaint handled by the Stichting Geschillencommissie (Disputes Committee), the decision of which is binding and both the entrepreneur and the consumer agree to this binding decision. The submission of a dispute to this disputes committee involves costs that must be paid by the consumer.
A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
If the entrepreneur finds a complaint justified, he will replace or repair the delivered products at his discretion.
**Article 17 - Disputes**
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
**Article 18 - Additional or different provisions**
Additional or different 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 in an accessible manner on a durable data carrier.