Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
- Supplementary contract: a contract under which the consumer acquires products, digital content and/or services in connection with a remote contract and these products, digital content and/or services are provided by the entrepreneur or by a third party on the basis of a contract between that third party and the entrepreneur;
- Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
- Consumer: the natural person who does not act for purposes related to their trade, business, craft or professional activity;
- Day: calendar day;
- Digital content: data produced and delivered in digital form;
- Continuing performance contract: a contract involving the regular provision of goods, services and/or digital content during a certain period;
- Durable data carrier: any medium – including email – that enables the consumer or entrepreneur to store information that is addressed to them personally in a way that allows future consultation or use during a period that is geared to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information stored on it;
- Right of withdrawal: a consumer’s option to cancel the remote contract within the cooling-off period;
- Entrepreneur: the natural person who or legal entity that offers remote products, (access to) digital content and/or services to consumers;
- Remote contract: a contract concluded between the entrepreneur and the consumer in the context of an organised system for remote sales of products, digital content and/or services, involving the exclusive or joint use of one or more remote communication techniques up to and including conclusion of the contract;
- Model withdrawal form: the European model form for withdrawal included in Annex I to these terms and conditions; Annex I does not have to be made available if the consumer does not have a right of withdrawal with regard to their order;
- Technology for remote communication: means that can be used to conclude a contract without the consumer and the entrepreneur having to be in the same room at the same time.
Article 2 – Identity of the entrepreneur
Name of entrepreneur:
B.V. Delftsch Aardewerkfabriek “De Porceleyne Fles Anno 1653”, formerly Joost Thooft and Labouchere
Trading under the name(s):
- De Porceleyne Fles
- Royal Delft
Rotterdamseweg 196 2628 AR Delft The Netherlands
Telephone number: +31 15-760 0800
Monday to Friday from 8.30 am to 5 pm
Email address: firstname.lastname@example.org
Chamber of Commerce number: 51058677
VAT number: NL8230.71.960.B01
Article 3 – Applicability
- These general terms and conditions apply to every offer from the entrepreneur and every remote contract between the entrepreneur and the consumer.
- The text of these general terms and conditions will be made available to the consumer before the remote contract is concluded. If this is not reasonably possible, the entrepreneur will indicate, before concluding the remote contract, how the general terms and conditions can be accessed at the entrepreneur and that they will be sent free of charge as soon as possible after the consumer’s request.
- If the remote contract is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph, be made available to the consumer by electronic means before the remote contract is concluded, in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the remote contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge at the request of the consumer, either electronically or by other means.
- In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting conditions the consumer can always invoke the applicable provision that is most favourable to them.
Article 4 – The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these must be a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer are not binding upon the entrepreneur.
- Every offer contains such information that it is clear to the consumer what rights and obligations are attached to the offer.
Article 5 – The contract
- Subject to the provisions of paragraph 4, the contract is concluded at the moment that 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 acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can still terminate the contract.
- If the contract is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to protect the electronic transfer of data and create a safe web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate security measures to that end.
- The entrepreneur can – within legal frameworks – determine whether the consumer can meet their payment obligations, as well as all those facts and factors relevant to a responsible conclusion of the remote contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the contract, they are entitled to refuse an order or request, stating reasons for doing so, or to attach special conditions to the implementation.
- At the latest upon the delivery of the product, service or digital content to the consumer, the entrepreneur will send the following information, in writing and in such a way that the consumer can easily store it on a durable data carrier: In the event of a continuing performance transaction, the provision of the previous paragraph only applies to the first delivery.
- the entrepreneur’s visiting address where the consumer can go with complaints;
- the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information about guarantees and existing after-sales service;
- the price, including all taxes on the product, service or digital content; in so far as applicable the costs of delivery; and the method of payment, delivery or performance of the remote contract;
- the requirements for cancellation of the contract if the contract has a duration of more than one year or is open-ended.
- if the consumer has a right of withdrawal, the model form for withdrawal.
Article 6 – Right of withdrawal
- The consumer is entitled to terminate a contract related to the purchase of a product during a cooling-off period of 14 days without giving reasons. The entrepreneur can ask the consumer for the reason for withdrawal, but not require them to give their reason or reasons.
- The cooling-off period referred to in paragraph 1 starts on the day that the consumer, or a third party designated by the consumer in advance who is not the carrier, has received the product, or
- If the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. Provided they have clearly informed the consumer about this before the ordering process, the entrepreneur can refuse an order for multiple products with different delivery times.
- If the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or part;
- In the case of contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by them, has received the first product.
For services and digital content not delivered on a tangible carrier:
- The consumer can terminate a service contract and a contract for delivery of digital content not provided on a tangible carrier within 14 days without giving reasons. The entrepreneur can ask the consumer for the reason for withdrawal, but not require them to give their reason or reasons.
- The cooling-off period referred to in paragraph 3 starts on the day the contract is concluded.
Extended cooling-off period for products, services and digital content not delivered on a tangible carrier when the customer is not advised on the right of withdrawal:
- If the entrepreneur has not given the consumer the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period will expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
- If the entrepreneur has given the consumer the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information.
Article 7 – Obligations of the consumer during the cooling-off period
- During the cooling-off period, the consumer will handle the product and packaging with due care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point is that the consumer can only handle and inspect the product as they would be allowed to do in a shop.
- The consumer is only liable for value depreciation of the product resulting from the way of handling of the product beyond what is permitted in paragraph 1.
- The consumer is not liable for value depreciation of the product if the entrepreneur failed to provide all legally required information about the right of withdrawal prior to or upon conclusion of the contract.
Article 8 – Exercise of the right of withdrawal by the consumer and related costs
- If the consumer exercises their right of withdrawal, they must notify the entrepreneur within the cooling-off period by means of 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 the entrepreneur or their authorised representative. This is not necessary if the entrepreneur has offered to collect the product. The consumer will at any rate be deemed to have complied with the return period if they return the product before the end of the cooling-off period.
- The consumer returns the product with all accessories supplied, if reasonably possible in its 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 rests with the consumer.
- The consumer bears the direct costs of returning the product If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that they will bear the costs themselves, the consumer does not have to bear the costs for return.
- If the consumer withdraws after having first explicitly requested that the provision of the service or the supply of gas, water or electricity that have not been made ready for sale in a limited volume or specific quantity commences during the cooling-off period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to full compliance with the obligation.
- The consumer does not bear any costs for the performance of services or the supply of water, gas or electricity that have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
- 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 withdrawal form, or;
- the consumer has not explicitly requested the start of the performance of the service or the supply of gas, water, electricity or district heating during the cooling-off period.
- The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible carrier, if: If the consumer exercises their right of withdrawal, all additional contracts will be dissolved by operation of law.
- prior to delivery, they have not expressly agreed to commence compliance with the contract before the end of the cooling-off period;
- they have not acknowledged losing their right of withdrawal when giving their consent; or
- the entrepreneur has failed to confirm this statement from the consumer.
Article 9 – Obligations of the entrepreneur in case of withdrawal
- If the entrepreneur enables electronic notification of withdrawal by the consumer, they will immediately send a confirmation of receipt after receipt of this notification.
- The entrepreneur will reimburse 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 them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait to pay back these costs until they have received the product or until the consumer demonstrates that they have returned the product, whichever is earlier.
- The entrepreneur uses the same payment method for reimbursement that the consumer has used for payment, unless the consumer agrees to a different 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 repay 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 before the conclusion of the contract:
- Products or services of which the price depends on fluctuations in the financial market on which the entrepreneur has no influence and which may occur within the withdrawal period
- Contracts concluded during a public auction. A public auction is understood to mean a sales method by means of 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 where the successful bidder is obliged to purchase the products, digital content and/or services;
- Service contracts, after full performance of the service, but only if: Package tours as referred to in Section 7:500 of the Netherlands Civil Code and contracts of passenger transport;
- performance has started with the explicit prior consent of the consumer; and
- the consumer has declared that they will lose their right of withdrawal as soon as the entrepreneur has fully performed the contract;
- Service contracts for the provision of accommodation, if the contract mentions a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
- Contracts with regard to leisure activities, if the contract mentions a specific date or period of performance;
- Products manufactured according to the consumer’s specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- 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;
- Products that by their nature are irrevocably mixed with other products after delivery;
- Alcoholic beverages of which the price was agreed upon at the conclusion of the contract, but 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;
- Sealed audio or video recordings and computer software the seal of which has been broken after delivery;
- Newspapers, periodicals or magazines, with the exception of subscriptions to these;
- The delivery of digital content other than on a tangible data carrier, but only if:
- performance has started with the explicit prior consent of the consumer; and
- the consumer has declared that they will lose their right of withdrawal by doing so.
Article 11 – 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 as a result of changes in VAT rates.
- Contrary to the previous paragraph, the entrepreneur can offer products or services with variable prices if the prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This link to fluctuations and the fact that any stated prices are guide prices are stated in the offer.
- Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
- Price increases after 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and if: The prices stated in the offer of products or services are inclusive of VAT
- they are the result of statutory regulations or provisions; or
- the consumer has the authority to cancel the contract from the day on which the price increase takes effect.
Article 12 – Performance of the contract and additional 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 applicable on the date of conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- An additional guarantee provided by the entrepreneur, their supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the contract if the entrepreneur has failed to fulfil their part of the contract.
- An additional guarantee is understood to mean any obligation of the entrepreneur, their supplier, importer or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to do in case they have failed to fulfil their part of the contract.
Article 13 – Delivery and completion
- 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 set out in Article 4 of these general terms and conditions, the entrepreneur will complete accepted orders with due speed, 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 placing the order. In that case, the consumer has the right to terminate the contract free of charge and is entitled to compensation.
- After termination in accordance with the previous paragraph, the entrepreneur will immediately repay the amount paid by the consumer.
- 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 and made known to the entrepreneur in advance, unless expressly agreed otherwise.
Article 14 – Continuous performance contracts: term, cancellation and renewal
- The consumer can terminate a contract that has been concluded for an indefinite period and involves the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
- The consumer can terminate a contract that has been concluded for a definite period and involves the regular delivery of products (including electricity) or services, at any time by the end of the term specified, with due observance of the agreed cancellation rules and a notice period of no more than one month.
- As regards the contracts mentioned above, the consumer can:
- cancel a contract at any time and not be limited to cancellation at a specific time or in a specific period;
- at least cancel a contract in the same manner as it was entered into by the consumer;
- always cancel a contract with the same notice period as the entrepreneur has stipulated for themselves.
- A contract that has been entered into for a definite period and that involves the regular delivery of products (including electricity) or services cannot be tacitly extended or renewed for a specified period.
- Contrary to the previous paragraph, a contract that has been entered into for a definite period and that involves the regular delivery of daily and weekly newspapers and magazines may be tacitly renewed for a fixed period of a maximum of three months, if the consumer can cancel this renewed contract by the end of renewal with a notice period of no more than one month.
- A contract that has been entered into for a definite period and that involves the regular delivery of products or services can only be tacitly renewed for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months if the contract involves the regular, but less than once monthly, delivery of daily and weekly newspapers and magazines.
- A contract with a limited duration for the regular delivery of daily and weekly newspapers and magazines (trial or introductory subscription) is not tacitly renewed and ends automatically after the trial or introductory period.
- If a contract has a term of more than one year, the consumer may cancel the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed term.
Article 15 – Payment
- Unless otherwise specified in the contract or additional conditions, any amount owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period, within 14 days after the conclusion of the contract. In the case of a contract to provide a service, this period starts on the day after the consumer has received confirmation of the contract.
- When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. If prepayment has been stipulated, the consumer cannot assert any rights to execution of the relevant order or service(s) before the stipulated prepayment 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 fulfil their payment obligation(s) on time, they will, after having been informed by the entrepreneur of the late payment and been granted a period of 14 days to still fulfil their payment obligations and failing to pay within this 14-day period, have to pay the statutory interest on the amount owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by them. 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 stated amounts and percentages in favour of the consumer.
Article 16 – Complaints procedure
- The entrepreneur has a clearly established complaints procedure in place and will handle any complaints in accordance with this complaints procedure.
- Complaints about performance of the contract must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, and described in full and clearly.
- 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 handling time, the entrepreneur will reply within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
- A complaint about a product or service provided by the entrepreneur can also be submitted by means of a complaints form on the consumer page on the website of De Porceleyne Fles (www.royaldelft.com)
- The consumer must in any case give the entrepreneur 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute settlement procedure.
Article 17 – Disputes
- All contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Netherlands law.
- A dispute will only be handled by the Disputes Resolution Committee if the consumer has first submitted their complaint to the entrepreneur within a reasonable time.
- If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Resolution Committee in writing or in another form to be determined by the Committee no later than 12 months after the date on which the consumer submitted the complaint to the entrepreneur.
- If the consumer wishes to submit a dispute to the Disputes Resolution Committee, the entrepreneur will be bound by this choice. Preferably, the consumer first reports this to the entrepreneur.
- If the entrepreneur wants to submit a dispute to the Disputes Resolution Committee, the consumer will have to state in writing within five weeks of a written request made by the entrepreneur whether they agree with this or whether they want the dispute to be dealt with by the competent court. If the entrepreneur does not hear of the consumer’s choice within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent court.
- The Disputes Resolution Committee makes a decision under the conditions as set out in the regulations of the Disputes Resolution Committee (www.degeschillencommissie.nl/over-ons/de-commissies/2404). The decisions of the Disputes Resolution Committee are made by way of binding advice.
- The Disputes Resolution Committee will not handle a dispute or will cease handling it if the entrepreneur has been granted a suspension of payments, has become bankrupt or has actually terminated their business activities before a dispute has been dealt with by the committee at the hearing and a final decision has been given.
- If, in addition to the Disputes Resolution Committee, another disputes committee recognised by or affiliated with the Foundation for Consumer Complaints Boards (SGC) or the Financial Services Complaints Tribunal (Kifid ) is competent, the Disputes Resolution Committee is preferably competent for disputes mainly concerning the method of remote selling or service provision. For all other disputes the other recognised disputes committee affiliated with SGC or Kifid will be competent.
Article 18 – Supplementary or deviating provisions
Supplementary provisions or provisions deviating from these general terms and provisions must not be to the detriment of the consumer and must be set out in writing in such a way that the consumer can easily store them on a durable data carrier.
Article 19 – Amendments to the General Terms and Conditions
Amendments to these terms and conditions are only effective after they have been published in the appropriate manner, on the understanding that in the event of applicable amendments during the term of an offer, the provision most favourable to the consumer will prevail.