General terms and conditions

index:

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Articele 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the customer in case of withdrawal
Article 8 - Customers exercising their right of withdrawal and associated costs
Article 9 - Obligations of the operator upon withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Performance of the contract and additional guarantee
Article 13 - Delivery and execution
Article 14 - Open-ended transactions: duration, termination and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Branch guarantee
Articele 19 - Additional or different stipulations
Article 20 - Amendment to the general terms and conditions of Thuiswinkel.org

ARTICLE 1 - DEFINITIONS

The following definitions apply in these general terms and conditions:

1. Ancillary contract means a contract in which a consumer acquires products, digital content and/or services through a distance contract, and an operator or a third party provides those products, digital content and/or services in accordance with an agreement between that third party and the operator;
2. Withdrawal period: the period during which a consumer can exercise his right of withdrawal;
3. Consumer: a natural person whose actions are not carried out for purposes related to the exercise of a trade, profession or business;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Open-ended contract: a distance contract relating to a series of products and/or services, where the obligation to deliver and/or purchase is spread over a certain period of time;
7. Durable data carrier: any means - including e-mails - that enables a consumer or entrepreneur to store information addressed personally to him in a way that allows future use or consultation for a period of time that is consistent with the purpose for which the information is intended and that allows the unaltered reproduction of the stored information;
8. Right of withdrawal: the possibility for a consumer to waive a distance contract within the cooling-off period;
9. Entrepreneur: a natural or legal person offering products, (access to) digital content and/or services at a distance to consumers; 10;
10. Distance contract: a contract concluded between an entrepreneur and a consumer within the framework of an organised system for the distance sale of products, digital content and/or services, exclusively or partly using one or more techniques for distance communication up to and including the moment the contract is concluded
11. Model withdrawal form: the European model withdrawal form included in Annex I of these general terms and conditions. The trader is not obliged to provide Annex I if the consumer does not have a right of withdrawal in relation to his order;
12. Technique for distance communication: means that can be used for communication regarding the entrepreneur's offer and the conclusion of an agreement, without the consumer and entrepreneur having to be at the same place at the same time.

ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR

Spikes & Sparrow International B.V.
De Vlasman 22 C
6669 ND Dodewaard
Telephone: + 31 (0) 488 420 860 , available on working days between 8.30 a.m. and 5 p.m.
Email address: service@spikesandsparrow.com
Chamber of Commerce number: 10044601
BTW-identificatienummer: NL-814414928B01

ARTICLE 3 - APPLICABILITY

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
2. Before the remote agreement is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur shall, before the remote agreement is concluded, indicate in what way the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting conditions, the consumer may always invoke the applicable provision that is most favourable to him.

ARTICLE 4 - THE OFFER

1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

ARTICLE 5 - the agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
4. The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the remote agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation, while stating reasons.
5. The entrepreneur shall, at the latest when delivering the product, service or digital content to the consumer, send the following information, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:

1. The office address of the trader where the consumer can lodge complaints;
2. The conditions under which the consumer can exercise the right of withdrawal and the manner in which this must be done, or a clear statement about the exclusion of the right of withdrawal;
3. Information on guarantees and existing after-sales service;
4. The price, including all taxes on the product, service or digital content; delivery costs where applicable, and the method of payment, delivery or performance of the distance contract;
5. The requirements for terminating the contract, if the duration of the contract exceeds one year or if it is indefinite;
6. If the consumer has a right of withdrawal, the model withdrawal form.

6. In case of a contract with a longer duration, the provision in the previous paragraph applies only to the first delivery.

ARTICLE 6 - RETURN RIGHT upon delivery of products

1. When purchasing products, a consumer has the option to dissolve the agreement without giving reasons for at least 14 days. The trader may ask the consumer about the reason for this dissolution, but the consumer is not obliged to state his/her reason(s).
2. The period mentioned in paragraph 1 starts on the day after receipt of the product by the consumer, or a third party designated by the consumer, who is not the carrier, or:

if the consumer ordered several products in one order: the day on which the consumer, or a third party designated by him, received the last product. The trader may refuse an order of multiple products with different delivery times, provided he has clearly informed the consumer of this before the ordering process.
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 part;
in the case of contracts for regular delivery of products during a given period: the day on which the consumer, or a third party designated by him, received the last product.

3. If the trader has not provided the consumer with the legally required information on the right of withdrawal or the model form, the withdrawal period shall end 12 months after the end of the originally set withdrawal period based on the previous paragraphs of this article.
4. If the trader has provided the information referred to in the previous paragraph to the consumer within 12 months from the starting date of the original withdrawal period, the withdrawal period ends 14 days after the day on which the consumer received that information.

ARTICLE 7 - OBLIGATIONS OF THE CONSUMER DURING THE WITHDRAWAL PERIOD

1. During the withdrawal period, the consumer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to judge 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 shop.
2. The consumer is only liable for depreciation of the product resulting from a way of handling the product that goes beyond what is allowed in paragraph 1.
3. The consumer is not liable for diminished value of the product if the trader did not provide him with all legally required information on the right of withdrawal before the conclusion of the contract.

ARTICLE 8 - CONSUMERS EXERCISING THEIR RIGHT OF WITHDRAWAL AND ASSOCIATED COSTS

1. A consumer wishing to exercise his right of withdrawal must notify the trader within the withdrawal period using the model withdrawal form or in another unambiguous manner.

2. As soon as possible, but no later than within 14 days from the day following the notification as mentioned in paragraph 1, the consumer returns the product, or hands it over to (an authorised representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to pick up the product himself. The consumer has complied with the return period in any case if he returns the product before the withdrawal period has expired.

3. The consumer returns the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

5. The consumer shall bear the direct costs of returning the product. If the trader has not notified the consumer that the consumer should bear these costs or if the trader indicates that the consumer should bear the costs himself, the consumer does not have to bear the costs of return shipment.

6. If the consumer exercises his right of withdrawal, all additional contracts shall be dissolved by operation of law.

ARTICLE 9 - OBLIGATIONS OF THE TRADER IN THE EVENT OF WITHDRAWAL

1. If the trader enables the consumer's notification of withdrawal by electronic means, he shall send a confirmation of receipt without delay after receiving this notification.

2. 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 pick up the product himself, he may wait with refunding until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.

3. For reimbursement, the entrepreneur shall use the same means of payment that the consumer has used, unless the consumer agrees to another method. The refund is free of charge for the consumer.

4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.

ARTICLE 10 - EXCLUSION OF THE RIGHT OF WITHDRAWAL

The trader can exclude the consumer's right of withdrawal for the following products and services, but only if the trader clearly stated this when making the offer, or at least in good time before concluding the contract:

1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;

2. Contracts concluded during a public auction. A public auction is defined as a method of sale where an entrepreneur offers products, digital content and/or services in an auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;

3. Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;

4. Products that spoil quickly or have a limited shelf life;

5. Sealed products which are not suitable to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery;

ARTICLE 11 - THE PRICE

1. During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes due to changes in VAT rates.

2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, in cases where these prices are subject to fluctuations in the financial market over which the entrepreneur has no influence. This connection with fluctuations and the fact that any prices stated are target prices must be stated in the offer.

3. Price increases within 3 months of the conclusion of the agreement shall only be allowed if they result from legal regulations or provisions.

4. Price increases from 3 months after concluding the contract are only allowed if the entrepreneur has stipulated it and:

they result from statutory regulations or provisions; or
the consumer has the power to terminate the agreement from the day on which the price increase takes effect.

5. The prices mentioned in the offer of products or services include VAT.

ARTICLE 12 - PERFORMANCE OF THE CONTRACT AND ADDITIONAL GUARANTEE

1. The trader 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 existing statutory provisions and/or government regulations on the date the contract was concluded. Only if this has been explicitly agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

2. An additional guarantee offered by the entrepreneur, manufacturer or importer can never affect the legal rights and claims that a consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has not fulfilled his part of the agreement.

3. An additional guarantee is defined as any undertaking by a trader, its supplier, importer or manufacturer that grants the consumer rights or claims that go beyond the law in case of non-performance of its part of the contract.

ARTICLE 13 - DELIVERY AND PERFORMANCE

1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.

2. The place of delivery is the address that the consumer has made known to the company.

3. With due observance of the stipulations in article 4 of these general terms and conditions, the company shall execute accepted orders expeditiously but at the latest within 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs and the right to possible damages.

4. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.

5. 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 explicitly agreed otherwise.

ARTICLE 14 - PAYMENT

1. Unless otherwise provided for in the contract or additional terms and conditions, the amounts due by the consumer shall be paid within 14 days from the beginning of the withdrawal period or, in the absence of a withdrawal period, within 14 days from the conclusion of the contract. In the case of a contract for the provision of a service, this 14-day period begins on the day after the consumer receives the confirmation of the contract.

2. When selling products to consumers, the general terms and conditions may never require an advance payment of more than 50%. Where advance payment is stipulated, the consumer may not assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.

3. The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.

4. If the consumer does not timely meet his payment obligation(s), he is, 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 non-payment within this 14-day period, due the statutory interest on the amount due and the entrepreneur has the right to charge the extrajudicial collection costs he has incurred. These collection costs amount to a maximum of: 15% over 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 proprietor can deviate from these amounts and percentages for the benefit of the consumer.

ARTICLE 15 - COMPLAINTS PROCEDURE

1. The entrepreneur shall have a sufficiently publicised complaints procedure and shall handle the complaint in accordance with this complaints procedure.

2. Complaints on the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has identified the defects.

3. Complaints submitted to the entrepreneur shall be 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 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

4. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute susceptible to dispute resolution arises.

ARTICLE 16 - DISPUTES

1. Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

ARTICLE 17 - ADDITIONAL OR DIFFERENT PROVISIONS

Additional clauses or provisions that deviate from these general terms and conditions must not be detrimental to 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.

ANNEX I: MODEL WITHDRAWAL FORM

(This form should only be completed and returned if you wish to withdraw from the agreement)

- To: [name of entrepreneur][geographical address of entrepreneur][fax number of entrepreneur, if available][e-mail address of entrepreneur].

I/We* hereby inform you that, in connection with our agreement concerning The sale of the following products: [description of the product]* The supply of the following digital content: [description of the digital content]* The supply of the following service: [description of the service]* I/We* exercise our right of withdrawal.

- Ordered on*/received on* [date of ordering services or receiving goods]

[Name of consumer(s)]
[Address consumer(s)]
[Signature of consumer(s)] (only if this form is submitted on paper)

* Delete or complete what does not apply.