In these general terms and conditions, the following definitions apply:
|Withdrawal Period||the term within which the Consumer may exercise his Right of Withdrawal;|
|Consumer||a natural person who is not acting in the context of practising a profession or carrying on a business;|
|Day||a calendar day;|
|Durable Medium||any instrument, including email, that enables the Consumer or Dopper to store information that is personally addressed to the Consumer or Dopper in a manner that makes it possible to consult or use the information in the future for a duration that is in keeping with the purpose for which the information is intended, and that makes unaltered reproduction of the stored information possible;|
|Ordinary Contract||any contract between Dopper and the Consumer that is not a Distance Contract;|
|Right of Withdrawal||the right that the Consumer has within the Withdrawal Period to cancel the Distance Contract;|
|Standard Withdrawal Form||the European Standard Withdrawal Form included in Appendix I to these general terms and conditions. Appendix I does not have to be made available if the Consumer does not have a Right of Withdrawal with respect to his order.|
|Distance Contract||a contract between Dopper and the Consumer whereby, in the context of a system organised by Dopper for the distance selling of products and/or services, only one or more Type(s) of Distance Communication is or are used up to and including the conclusion of the contract;|
|Price||the price of products excluding transport costs, insurance, printing and VAT;|
|Dopper||the legal entity identified in Article 2 of these general terms and conditions and/or any legal entity or business affiliated therewith;|
|Type of Distance Communication||a means to conclude a contract without the Consumer and Dopper having to be physically present or represented in the same space at the same time;|
|Website||the website with the address www.dopper.com, or any other website of Dopper.|
2. IDENTITY OF DOPPER
2011 KA, Haarlem
Telephone number: + 31 (0) 23 – 737 044 5
Email address: firstname.lastname@example.org
Chamber of Commerce number: 57084556
VAT number: NL-852431466B01
- These general terms and conditions apply to every offer from Dopper and to every Distance Contract or Ordinary Contract concluded. These general terms and conditions only apply to contracts between Dopper and the Consumer.
- The text of these general terms and conditions will be made available to the Consumer prior to the conclusion of a contract. If doing so is not reasonably possible, the Consumer will be informed prior to the conclusion of the contract that the general terms and conditions can be inspected at Dopper’s premises and that, at the request of the Consumer, they will be sent as soon as possible free of charge.
- If a Distance Contract is concluded by electronic means, the text of these general terms and conditions, notwithstanding the preceding paragraph and prior to the conclusion of the Distance Contract, may be made available to the Consumer by electronic means in such a way as to make it easy for the Consumer to store the text on a Durable Medium. If doing so is not reasonably possible, the Consumer will be informed prior to the conclusion of the Distance Contract of the location at which the general terms and conditions can be inspected by electronic means and that, at the request of the Consumer, they will be sent by electronic means or by different means free of charge.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs will apply mutatis mutandis and, in the event of contradictory general terms and conditions, the Consumer may always invoke the applicable provision that is most favourable to the Consumer.
4. THE OFFER
- If an offer is valid for a limited period of time or if an offer is made subject to conditions, this will be expressly stated in the offer.
- The offer will contain a complete and accurate description of the products and/or services offered. The description will be sufficiently detailed to make it possible for the Consumer to properly assess the offer. If Dopper uses images, these images will be true representations of the products and/or services offered. Obvious mistakes or errors in the offer will not bind Dopper.
- Each offer will contain information that makes the rights and obligations forming part of acceptance of the offer clear to the Consumer.
5. THE CONTRACT
- Subject to the provisions of paragraph 4, a contract is concluded when the Consumer accepts the offer and the applicable conditions are met.
- If the Consumer has accepted the offer by electronic means, Dopper must confirm receipt of the acceptance of the offer by electronic means without delay. As long as receipt of this acceptance has not been confirmed, the Consumer may terminate the contract.
- If a contract is concluded by electronic means, Dopper will take appropriate technical and organisational measures to secure the electronic transfer of data and will provide a secure web environment. If the Consumer is able to pay electronically, Dopper will comply with appropriate security measures that are in place for the purpose of electronic payment.
- Within the statutory parameters, Dopper may ascertain whether the Consumer is capable of meeting his payment obligations and may also apprise itself of all facts and factors that are relevant to entering into a Distance Contract in a responsible manner. If, based on this investigation, Dopper has good reasons for not entering into a Distance Contract, it will be entitled to refuse an order or a request, which refusal must be substantiated, or it may attach special conditions to the execution of an order or a request.
- No later than on delivery of the product or provision of the service to the Consumer, Dopper will provide the following information, in writing or in a form that makes it possible for the Consumer to store the information in an accessible manner on a Durable Medium:
a. the address of the Dopper business location that the Consumer can contact or visit in the event of complaints;
b. the conditions under which and the way in which the Consumer can exercise the Right of Withdrawal or a clear notification that the Right of Withdrawal does not apply;
c. information about after-sales services and guarantees;
d. the Price, including all taxes, the costs of delivery to the extent applicable and the method of payment, delivery and performance of the contract;
e. if the Consumer has a Right of Withdrawal, the Model Withdrawal Form.
6. If Dopper has undertaken to deliver a series of products, the provisions of the preceding paragraph only apply to the first delivery.
6. RIGHT OF WITHDRAWAL WITH RESPECT TO THE DELIVERY OF PRODUCTS
- The Consumer may terminate a Distance Contract that relates to the purchase of a product without giving reasons within a Withdrawal Period of 14 Days.
- The Withdrawal Period referred to in paragraph 1 commences on the Day after the one on which the Consumer, or a third party designated by the Consumer in advance who is not the carrier, received the product, or:
a. if the Consumer placed a single order for several products: on the Day on which the Consumer or a third party designated by the Consumer receives the last product. Provided that Dopper informed the Consumer in a clear manner prior to the order process, Dopper may refuse an order for several products with different delivery times.
b. if the delivery of a product consists of different consignments or parts: on the Day on which the Consumer or a third party designated by the Consumer receives the last consignment or the last part;
c. in the case of contracts for the regular delivery of products for a certain period of time: on the Day on which the Consumer or a third party designated by the Consumer receives the first product.
3. The Consumer may terminate a Distance service Contract without giving reasons within a period of 14 Days. Dopper may ask the Consumer for the reasons but may not oblige the Consumer to give the reasons.The Withdrawal Period referred to in paragraph 3 commences on the Day after the one on which the contract was concluded.
4. If Dopper has not informed the Consumer about the Right of Withdrawal or has not provided the Standard Withdrawal Form, the Withdrawal Period will end 12 months after the end of the original Withdrawal Period as established in accordance with the previous paragraphs of this article.
5. If Dopper provides the information referred to in the preceding paragraph within 12 months following the commencement date of the original Withdrawal Period, the Withdrawal Period will end 14 Days after the Day on which the Consumer received the information.
7. OBLIGATIONS OF THE CONSUMER DURING THE WITHDRAWAL PERIOD
- During the Withdrawal Period, the Consumer must handle the product and packaging with care. The Consumer will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle in this regard is that the Consumer may only inspect and use the product in the way that he would be allowed to do in a shop.
- The Consumer will only be liable for a decrease in the value of the product that is the consequence of the product having been handled in a manner over and above the manner described in paragraph 1.
- The Consumer will not be liable for a decrease in the value of the product if Dopper did not provide the Consumer with all of the information required by law regarding the Right of Withdrawal prior to or on the conclusion of the Distance Contract.
8. THE CONSUMER’S EXERCISE OF THE RIGHT OF WITHDRAWAL AND ASSOCIATED COSTS
- If the Consumer elects to exercise his Right of Withdrawal, he must, within the Withdrawal Period, use the Model Withdrawal Form or another unequivocal means of giving notice to Dopper that he is exercising this right.
- The Consumer must return the product or hand the product over to Dopper or to an authorised representative of Dopper as soon as possible and in any case within 14 Days of the Day following the one on which the notice referred to in paragraph 1 was given. The Consumer does not need to do this if Dopper has offered to collect the product. The Consumer will in any case have complied with the term for returning the product if he returns the product prior to the end of the Withdrawal Period.
- The Consumer must return the product and all accessories delivered in the original state and packaging if reasonably possible and in accordance with Dopper’s reasonable and clear instructions. The risk and burden of proof with respect to the proper exercise of the Right of Withdrawal within the applicable period of time lies with the Consumer.
- The Consumer will bear the direct costs of returning the product. The Consumer will not be required to bear the costs of returning the product if Dopper has not stated that the Consumer must bear these costs or if Dopper states that it will bear these costs.
- If the Consumer cancels after having expressly asked for the performance of the service to commence during the Withdrawal Period, the Consumer will owe Dopper an amount that is proportional to the part of the contract already performed by Dopper at the time of the cancellation, compared to full performance of the contract.
- The Consumer will not bear costs for the performance of services if:
a. Dopper did not provide the Consumer with the information required by law regarding the Right of Withdrawal, the reimbursement of costs in the event of withdrawal or the Model Withdrawal Form; or
b. the Consumer did not expressly ask for the service to commence during the Withdrawal Period.
9.OBLIGATIONS OF DOPPER IN THE EVENT OF WITHDRAWAL
- If Dopper makes it possible for the Consumer to give notice of withdrawal by electronic means, Dopper will send confirmation of receipt without delay after receiving this notice.
- Dopper will reimburse all payments made by the Consumer, including any delivery costs charged by Dopper, for the returned product without delay and in any case within 14 Days following the Day on which the Consumer gives notice that the Right of Withdrawal is being exercised. Unless Dopper offers to collect the product, it may defer repayment until it has received the product or until the Consumer has shown that he has sent the product back, whichever event occurs first.
- To effect repayment, Dopper will use the same method of payment that the Consumer used, unless the Consumer agrees to a different method. The repayment will take place at no cost to the Consumer. If the Consumer opted for a delivery method that was more expensive than the most inexpensive standard delivery method, Dopper will not be required to repay the additional costs of the more expensive method.
10. EXCLUSION OF THE RIGHT OF WITHDRAWAL
Dopper may exclude the applicability of the Right of Withdrawal for the following products and services, but only if Dopper gave clear notice of such exclusion in the offer or at any rate in good time prior to the conclusion of the contract:
- Service contracts, after performing the service in full, but only if:
a. performance commenced with the express prior agreement of the Consumer; and
b. the Consumer has stated that he will lose his Right of Withdrawal as soon as Dopper has performed the contract in full.
2. products manufactured in accordance with the specifications of the Consumer that are not prefabricated and that are manufactured on the basis of an individual choice or decision of the Consumer, or that are clearly intended for a specific person.
11. THE PRICE
- During the period of validity stated in the offer, the Price of the products and/or services offered will not be increased, except in the event of Price changes as a result of changes in VAT rates.
- Price increases within 3 months following the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
- Price increases after 3 months following the conclusion of the contract are only permitted if they were stipulated by Dopper and: a. the increases are the result of statutory regulations or provisions; or
b. the Consumer has the right to terminate the contract on the date on which the Price increase takes effect.
4. The Price of the products or services stated in the offer includes VAT.
12. COMPLIANCE WITH THE CONTRACT AND ADDITIONAL GUARANTEE
- Dopper guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements regarding reliability and/or usability and the statutory provisions and/or government regulations in force on the date on which the contract was concluded. If so agreed, Dopper also guarantees that the product is suitable for other than normal use.
- An additional guarantee provided by Dopper may never limit the legal rights and claims that the Consumer may enforce against Dopper by virtue of the contract if Dopper fails to perform its part of the contract.
- An additional guarantee means each obligation assumed by Dopper under which Dopper grants the Consumer certain rights or claims that, in terms of scope, exceed those that Dopper is required to grant by law if it has failed to perform its part of the contract.
- Despite stringent quality checks during production and storage/transport, Dopper cannot provide a ‘100% leak-proof’ guarantee with respect to water-related products.
13. DELIVERY AND EXECUTION
- Dopper will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
- The delivery location is the address that the Consumer has made known to Dopper.
- With due observance of the relevant provisions of Article 4 of these general terms and conditions, Dopper will execute accepted orders expeditiously and in any case within 30 Days, unless a different delivery period has been agreed. If the delivery is delayed or if the order cannot be executed or can only be partially executed, the Consumer will be informed of this no later than 30 Days after the Consumer placed the order. The Consumer will in that case have the right to terminate the contract without incurring costs and will possibly be entitled to compensation.
- Following termination in accordance with the preceding paragraph, Dopper will pay back the amount paid by the Consumer without delay.
- The risk of damage to and/or the loss of products lies with Dopper until the time at which the products are delivered to the Consumer or to a representative designated and made known to Dopper in advance, unless otherwise expressly agreed.
- Insofar as not otherwise stipulated in the contract or additional conditions, the amounts owed by the Consumer must be paid within 14 Days following the commencement of the Withdrawal Period or, if a Withdrawal Period does not apply, within 14 Days following the conclusion of the contract. In the case of a contract for services, this payment term commences on the Day after the one on which the Consumer received confirmation of the contract.
- Regarding the distance selling of products to consumers, the Consumer may never be obliged in general terms and conditions to pay more than 50% in advance. If an advance payment is required, the Consumer may not exercise any right with respect to the execution of the order or services concerned before the requisite advance payment has been made.
- The Consumer has a duty to inform Dopper of inaccuracies in payment details provided or specified without delay.
- If the Consumer fails to fulfil his payment obligations on time, the Consumer, after he has been informed by Dopper of the late payment and Dopper has granted the Consumer an additional term of 14 Days within which to fulfil his payment obligations and the Consumer still fails to fulfil his payment obligations within this additional term of 14 Days, will owe statutory interest on the amount still owed and Dopper will be entitled to charge the extrajudicial collection costs that it incurs.
- Complaints about the performance of the contract must be fully and clearly described and submitted to Dopper within a reasonable period of time following the Consumer’s discovery of the shortcomings.
- A reply to a complaint submitted to Dopper will be provided within a term of 14 Days following the date on which the complaint was received. If more time is foreseeably required to handle a complaint, Dopper will reply within the term of 14 Days to confirm receipt and provide an indication of when the Consumer may expect a more comprehensive reply.
- The Consumer must in any case give Dopper 4 weeks to resolve the complaint in joint consultation.
APPENDIX I: MODEL WITHDRAWAL FORM
Model Withdrawal Form
Only complete and return this form if you wish to withdraw from the contract.
2011 KA, Haarlem
I / We* hereby give notice that I / we* withdraw from my / our contract of sale of the following goods / for the provision of the following service *,
Ordered on (*)/received on (*),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.