Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
2. Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Long-term transaction: a distance contract concerning a series of products and/or services, where the obligation to deliver and/or receive is spread over time;
5. 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;
6. Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
7. Model form: the model withdrawal form provided by the entrepreneur which the consumer can fill in when they want to exercise their right of withdrawal;
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, where exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;
10. Means of distance communication: a method that can be used to conclude a contract without the consumer and entrepreneur being in the same place at the same time;
11. Terms and Conditions: these Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Primehoesjes.nl
Leidsestraat
1017PC 42
Netherlands

T: (020) 239-7124
E: info@primehoesjes.nl
Chamber of Commerce (KVK): 62319582
VAT Number: NL001794199B66

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
2. Before the distance contract 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 indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent to the consumer free of charge as soon as possible upon request.
3. If the distance contract is concluded electronically, then, in deviation from 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 them on a durable medium. If this is not reasonably possible, it shall be indicated where the general terms and conditions can be accessed electronically before the distance contract is concluded, and that they will be sent to the consumer free of charge by electronic means or otherwise upon request.
4. In the event that specific product or service terms apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and in case of conflicting terms, the consumer may always invoke the applicable provision that is most favorable to them.
5. If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or annulled, the remainder of the agreement and these terms and conditions shall remain in force, and the relevant provision shall be replaced promptly in mutual consultation by a provision that closely reflects the intent of the original provision.
6. Situations not covered by these general terms and conditions shall be assessed in the spirit of these terms and conditions.
7. Any ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions shall be interpreted in the spirit of these general terms and conditions.

Article 4 – The Offer

1. If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to modify or adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services being offered. The description is detailed enough to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these will be a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images, specifications, and data included in the offer are indicative and cannot be grounds for compensation or dissolution of the agreement.
5. Product images are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
6. Each offer contains sufficient information to clearly inform the consumer of the rights and obligations associated with accepting the offer. This includes in particular:
   • The price including taxes;
   • Any shipping costs;
   • The manner in which the agreement will be concluded and what 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 accepting the offer, or the period during which the entrepreneur guarantees the price;
   • The rate for remote communication if the costs of using the remote communication technology are calculated on a basis other than the standard basic rate for the communication method used;
   • Whether the contract will be archived after conclusion, and if so, how the consumer can consult it;
   • The way in which the consumer, before concluding the contract, can check and, if necessary, correct the information provided under the agreement;
   • Any other languages in which the contract can be concluded, in addition to Dutch;
   • The codes of conduct to which the entrepreneur has committed and how the consumer can consult these codes electronically; and
   • The minimum duration of the distance contract in the case of a long-term transaction.

Article 5 – The Agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the associated conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of the acceptance electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall implement appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a safe web environment. If the consumer is able to pay electronically, the entrepreneur shall observe appropriate security measures.
4. The entrepreneur may, within the limits of the law, investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance contract. If the entrepreneur has sound reasons based on this investigation not to enter into the agreement, he is entitled to refuse an order or request with justification or to attach special conditions to the execution.
5. With the product or service, the entrepreneur shall provide the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, with the following information:
   • the physical address of the entrepreneur’s business location where the consumer can lodge complaints;
   • the conditions under which and the method by which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
   • information about warranties and existing after-sales services;
   • the data referred to in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the performance of the contract;
   • the conditions for terminating the agreement if the contract has a duration of more than one year or is of indefinite duration.
6. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
7. Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

For the delivery of products:

1. When purchasing products, the consumer has the right to dissolve the agreement without stating reasons for a period of 14 days. This cooling-off period starts on the day after the consumer, or a third party designated by the consumer and known to the entrepreneur, receives the product.
2. During the cooling-off period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises their right of withdrawal, they must return the product with all supplied accessories and – if reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. This notification can be made using the model withdrawal form or via another form of communication, such as email. After expressing the wish to withdraw, the consumer must return the product within 14 days. The consumer must be able to prove that the product was returned on time, for example with a proof of shipment.
4. If the consumer has not made it clear within the periods mentioned in paragraphs 2 and 3 that they wish to exercise the right of withdrawal, or has not returned the product to the entrepreneur, the purchase is considered final.

For the delivery of services:

1. When receiving services, the consumer also has the right to dissolve the agreement without stating reasons for at least 14 days, starting from the day the agreement is entered into.
2. To exercise the right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer or at the latest upon delivery.

Article 7 – Costs in Case of Withdrawal

1. If the consumer exercises their right of withdrawal, they shall bear no more than the direct costs of returning the product.
2. If the consumer has already made a payment, the entrepreneur shall refund this amount as soon as possible, and no later than 14 days after the withdrawal. This is on the condition that the returned product has been received by the entrepreneur or that the consumer can provide conclusive proof of the return shipment.
   The refund will be made using the same payment method that the consumer used for the original transaction, unless the consumer explicitly agrees to a different method.
3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation in the product’s value.
4. The consumer cannot be held liable for any depreciation in value of the product if the entrepreneur failed to provide all legally required information about the right of withdrawal before the purchase agreement was concluded.

Article 8 – Exclusion of Right of Withdrawal

1. 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 is only applicable if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
   • made by the entrepreneur according to the consumer's specifications;

      

   • clearly personal in nature;
   • which by their nature cannot be returned;
   • which may spoil or age quickly;
   • whose price is linked to fluctuations on the financial market over which the entrepreneur has no control;
   • loose newspapers and magazines;
   • audio and video recordings and computer software if the consumer has broken the seal;
   • hygiene products if the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
   • related to accommodation, transport, catering, or leisure activities to be provided on a specific date or within a specific period;
   • where the delivery has started with the consumer's explicit consent before the cooling-off period has expired;
   • related to betting and lotteries.

Article 9 – The Price

1. During the validity period specified in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with prices subject to fluctuations in the financial market, over which the entrepreneur has no control, at variable prices. This dependency on fluctuations and the fact that any mentioned prices are indicative prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
4. Price increases after 3 months from the conclusion of the agreement are only allowed if the entrepreneur has agreed to this, and:
   • They are the result of legal regulations or provisions; or
   • The consumer has the right to terminate the agreement from the day the price increase takes effect.
5. The prices mentioned in the offer of products or services are inclusive of VAT.
6. All prices are subject to printing and typographical errors. The entrepreneur is not liable for the consequences of such errors. In the case of printing or typographical errors, the entrepreneur is not obligated to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

1. The entrepreneur ensures that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of quality and/or usability, and the applicable legal provisions and/or government regulations in effect on the date the agreement is concluded. If agreed upon, the entrepreneur also ensures that the product is suitable for uses other than normal use.
2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims the consumer can assert against the entrepreneur under the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of delivery. Products must be returned in their original packaging and in new condition.
4. The warranty period provided by the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:
   • The consumer has repaired and/or altered the delivered products themselves or has had them repaired and/or altered by third parties;
   • The delivered products have been exposed to abnormal conditions or have been handled carelessly or contrary to the entrepreneur's instructions and/or the instructions on the packaging;
   • The defect is wholly or partly the result of regulations set by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

1. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when evaluating requests for the provision of services.
2. The place of delivery will be the address provided by the consumer to the entrepreneur.
3. Subject to the provisions in paragraph 4 of this article, the entrepreneur will execute accepted orders with due haste 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 can’t be fully or partially executed, the consumer will be notified within 30 days after placing the order. In such cases, the consumer has the right to cancel the agreement at no cost. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from the mentioned delivery times. Exceeding a deadline does not entitle the consumer to compensation.
5. In the event of cancellation in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after cancellation.
6. If delivery of an ordered product proves impossible, the entrepreneur will make efforts to provide a substitute product. At the time of delivery, it will be clearly and understandably communicated that a substitute product is being delivered. For substitute products, the right of withdrawal cannot be excluded. The costs of any return shipment will be borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and communicated representative, unless otherwise agreed.

Article 12 – Duration Transactions: Duration, Termination, and Extension

Termination

1. The consumer can terminate an agreement that has been entered into for an indefinite period and is intended for the regular delivery of products (including electricity) or services, at any time, with due observance of any agreed-upon termination rules and a notice period of no more than one month.
2. The consumer can terminate an agreement that has been entered into for a fixed period and is intended for the regular delivery of products (including electricity) or services, at any time, before the end of the specified duration, with due observance of any agreed-upon termination rules and a notice period of no more than one month.
3. The consumer can terminate the agreements referred to in the previous paragraphs:
   • At any time, without being limited to termination at a specific time or within a specific period;
   • At least in the same manner as they were entered into;
   • Always with the same notice period as the entrepreneur has set for themselves.

Extension

1. An agreement entered into for a fixed period, intended for the regular delivery of products (including electricity) or services, may not be automatically extended or renewed for a certain period.
2. Notwithstanding the previous paragraph, an agreement entered into for a fixed period and intended for the regular delivery of daily, news, and weekly newspapers, and magazines, may be automatically extended for a fixed period of up to three months, provided that the consumer can terminate the extended agreement at the end of the extension period with a notice period of no more than one month.
3. An agreement entered into for a fixed period, intended for the regular delivery of products or services, may only be automatically extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month, and a notice period of no more than three months if the agreement is for the regular delivery of daily, news, and weekly newspapers, and magazines, but less than once per month.
4. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for trial or introductory purposes (trial or introductory subscription) is not automatically continued and will end automatically at the end of the trial or introductory period.

Duration

1. If an agreement has a duration of more than one year, the consumer can terminate the agreement at any time after one year, with a notice period of no more than one month, unless reasonableness and fairness prevent termination before the end of the agreed duration.

Article 13 - Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 days after the start of the cooling-off period, as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period starts once the consumer has received the confirmation of the agreement.
2. The consumer is obligated to promptly report any inaccuracies in the provided or stated payment details to the entrepreneur.
3. In the event of non-payment by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge reasonable costs that were made known to the consumer in advance.

Article 14 - Complaints Procedure

1. The entrepreneur has a sufficiently well-publicized complaints procedure and will handle complaints in accordance with this procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur in a fully and clearly described manner within 2 months after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
4. If the complaint cannot be resolved through mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
5. In case of complaints, the consumer should first contact the entrepreneur. If the web store is a member of Stichting WebwinkelKeur and the complaint cannot be resolved through mutual agreement, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check if this web store has an active membership via https://www.webwinkelkeur.nl/ledenlijst/. If no resolution is reached, the consumer has the option to have their complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, whose ruling is binding. Both the entrepreneur and the consumer agree to this binding ruling. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the respective committee. It is also possible to submit complaints through the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur has stated otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

1. Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.
2. The Vienna Convention on Contracts for the International Sale of Goods (CISG) does not apply.

Any additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.