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Terms and Conditions

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 – Costs in case of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and performance
Article 12 – Ongoing transactions: 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 can exercise their right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Ongoing transaction: a distance contract 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 entrepreneur 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 consumer's option to cancel the distance contract within the cooling-off period;
Model form: the model withdrawal form that the entrepreneur makes available and that a consumer can fill in when they wish to exercise their right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
Distance contract: a contract concluded within the framework of a system organised by the entrepreneur for the distance selling of products and/or services, where up to and including the conclusion of the contract exclusively one or more means of distance communication are used;
Means of distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur being in the same room at the same time.
Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

QWERTY-TECH.NL
Industrieweg 10K
1566JP Assendelft
Email address: [email protected]
Chamber of Commerce (KvK) number: 73835420
VAT identification number: 209089295B03

If the entrepreneur's activity is subject to a relevant licensing scheme: the details of the supervisory authority:

If the entrepreneur practises a regulated profession:

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

Article 3 – Applicability

These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before the distance contract 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 contract is concluded that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge, electronically or otherwise, at the consumer's request.
In the event that, in addition to these general terms and conditions, specific product or service terms also apply, the second and third paragraphs apply mutatis mutandis, and in case of conflicting general terms and conditions the consumer can always rely on 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 void or are annulled, the agreement and these terms will otherwise remain in force, and the provision in question will be replaced without delay by mutual agreement with a provision that approximates the purport of the original as closely as possible.
Situations that are not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
Ambiguities about the interpretation or content of one or more provisions of our terms must 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 subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur 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 properly assess the offer. If the entrepreneur uses images, they are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
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 entrepreneur cannot guarantee that the colours shown exactly match the real colours of the products.
Every offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in
particular:
- the price including taxes;
- any shipping costs;
- the way in which the agreement will be concluded and which actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and performance of the agreement;
- the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
- the amount of the rate for distance communication if the cost of using the means of distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
- whether the agreement will be archived after it has been concluded, and if so, how the consumer can consult it;
- the way in which the consumer, before concluding the agreement, can check the data they have provided in the context of the agreement and, if desired, correct it;
- any other languages, besides Dutch, in which the agreement can be concluded;
- the codes of conduct to which the entrepreneur has subscribed and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the case of an ongoing transaction.
- Optional: available sizes, colours, types of materials.

Article 5 – The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur 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 entrepreneur will observe appropriate security measures.
The entrepreneur may – within legal frameworks – ascertain whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for responsibly entering into the distance contract. If, on the basis of this investigation, the entrepreneur 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.
With the product or service, the entrepreneur will send the following information to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
the visiting address of the entrepreneur'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 that the right of withdrawal is excluded;
the information about warranties and existing after-sales service;
the data included in article 4 paragraph 3 of these terms, unless the entrepreneur has already provided these data to the consumer before 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 an ongoing transaction, the provision in the previous paragraph only applies to the first delivery.
Every agreement is entered into subject to the condition precedent of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

On delivery of products:

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons during 14 days. This cooling-off period starts on the day after the consumer, or a representative designated in advance by the consumer and made known to the entrepreneur, has received the product.
During the cooling-off period the consumer will handle the product and 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 supplied accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receiving the product. The consumer must do so using the model form. After the consumer has notified that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of shipment.
If, after the periods mentioned in paragraphs 2 and 3 have expired, the customer has not notified that they wish to exercise their right of withdrawal, or has not returned the product to the entrepreneur, the purchase is final.

On delivery of services:

When services are delivered, the consumer has the option to dissolve the agreement without giving reasons during at least 14 days, starting on the day the agreement is entered into.
To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur 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, at most the costs of return shipment are for their account.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after withdrawal. This is subject to the condition that the product has already been received back by the webshop owner or conclusive proof of complete return can be provided. Refunds will be made via the same payment method that the consumer used, unless the consumer explicitly consents to another payment method.
In case of damage to the product due to careless handling by the consumer, the consumer is liable for any diminished value of the product.
The consumer cannot be held liable for diminished value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal; this must be done before the purchase agreement is concluded.

Article 8 – Exclusion of the right of withdrawal

The entrepreneur 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 entrepreneur has clearly stated this in the offer, or at least in good time before the agreement is concluded.
Exclusion of the right of withdrawal is only possible for products:
that have been made by the entrepreneur in accordance with the consumer's specifications;
that are clearly personal in nature;
that by their nature cannot be returned;
that can spoil or age quickly;
whose price is tied to fluctuations in the financial market over which the entrepreneur has no influence;
for single 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 services or leisure activities to be performed on a specific date or during a specific period;
of which delivery has begun with the consumer's express consent 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.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This tie to fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.
Price increases within 3 months after 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 entrepreneur 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 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 event of printing and typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A warranty provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. Products must be returned in their original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's 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.
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 have otherwise been handled carelessly or in violation of the entrepreneur's instructions and/or the 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 entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In that case the consumer has the right to dissolve the agreement at no cost. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount the consumer has paid as soon as possible, but no later than within 14 days after dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon 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 for the entrepreneur's account.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Ongoing transactions: duration, termination and renewal

Termination

The consumer may terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time, subject to the termination rules agreed for this and a notice period of at most one month.
The consumer may terminate an agreement entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed period, subject to the termination rules agreed for this and a notice period of at most one month.
The consumer may, with respect to the agreements mentioned in the previous paragraphs:

terminate them at any time and not be limited to termination at a particular time or in a particular period;
terminate them at least in the same way as they were entered into by the consumer;
always terminate them with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

An agreement entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Notwithstanding the previous paragraph, an agreement entered into for a fixed period and which extends to the regular delivery of daily and weekly newspapers and magazines may be tacitly extended for a fixed period of at most three months, if the consumer can terminate this extended agreement towards the end of the extension with a notice period of at most one month.
An agreement entered into for a fixed period and which 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 at most one month, and a notice period of at most three months in case the agreement extends to the regular, but less than once a month, delivery of daily and weekly newspapers and magazines.
An agreement of limited duration for the regular delivery of daily and weekly newspapers and magazines on a trial or introductory basis (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period has ended.

Duration

If an agreement has a duration of more than one year, the consumer may, after one year, terminate the agreement at any time with a notice period of at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in article 6 paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
The consumer has the duty to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.
In the event of non-payment by the consumer, the entrepreneur has, subject to statutory limitations, the right to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur, fully and clearly described, within 2 months after the consumer has discovered the defects.
Complaints submitted to the entrepreneur are answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with an acknowledgement of receipt and an indication of 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 procedure.
In the event of complaints, a consumer should first contact the entrepreneur. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its option, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Dutch law exclusively applies to agreements between the entrepreneur 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 provisions or provisions deviating from these general terms and conditions may not be to the consumer's detriment and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.