Terms and conditions

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: A natural person who is not acting in the course of their business or profession and enters into a distance contract with the entrepreneur.

Day: Calendar day.

Duration transaction: A distance contract related to a series of products and/or services, the delivery and/or acceptance of which is spread over time.

Durable medium: Any medium that allows the consumer or entrepreneur to store information directed at them personally in a way that enables future consultation and unchanged reproduction of the information stored.

Right of withdrawal: The possibility for the consumer to cancel the distance contract within the cooling-off period.

Entrepreneur: A natural or legal person offering products and/or services to consumers at a distance.

Distance contract: A contract where, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, only one or more techniques for distance communication are used up to and including the conclusion of the contract.

Distance communication technique: A method that can be used for concluding a contract without the consumer and entrepreneur being present in the same room at the same time.

General Terms and Conditions: These General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Company name: J. Oude Huikink Ondernemingen
Chamber of Commerce number: 93840306
Trade name: J. Oude Huikink Ondernemingen
VAT number: NL005045882B13
Customer service email: joh.ondernemingen@outlook.com
Business address: urkerzijweg 6, haaksbergen, Netherlands

Article 3 – Applicability

These terms and conditions apply to every offer made by the entrepreneur and every distance agreement and order between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these 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 terms and conditions can be viewed with the entrepreneur and that they will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, the text of these terms and conditions may, deviating from the previous paragraph, 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 terms and conditions can be accessed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.

If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs will apply accordingly, and in the case of conflicting general terms and conditions, the consumer may always rely on the most favorable provision for them.

If one or more provisions of these terms and conditions are found to be invalid or voided, the agreement and these terms and conditions will remain in effect, and the relevant provision will be replaced promptly by a provision that most closely reflects the original intent.

Situations not covered by these terms and conditions must be assessed 'according to the spirit' of these terms and conditions.

Ambiguities about the interpretation or content of one or more provisions of these terms and conditions must be interpreted 'according to the spirit' of these terms and conditions.

Article 4 – The offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to modify 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 allow the consumer to make an informed judgment of the offer. If the entrepreneur uses images, these should be a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and details in the offer are for indicative purposes and cannot be grounds for compensation or cancellation of the contract.

Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the colors shown correspond exactly to the actual colors of the products.

Each offer contains sufficient information to make it clear to the consumer what rights and obligations are attached to the acceptance of the offer. This includes, in particular:

The price, excluding customs clearance fees and import VAT. These additional costs are for the account and risk of the customer. The postal and/or courier service will use the special regime for postal and courier services when importing into the EU destination country. The postal and/or courier service will collect the VAT (possibly along with the customs clearance charges) from the recipient of the goods;
The potential cost of shipping;
The way the agreement will be concluded and what actions are necessary;
Whether or not the right of withdrawal applies;
The method of payment, delivery, and execution of the agreement;
The period during which the offer can be accepted or the period within which the entrepreneur guarantees the price;
The rate of communication if the cost is calculated differently than the regular base rate for the communication medium;
Whether the agreement will be archived and, if so, how the consumer can access it;
The way the consumer can check and, if desired, correct the details provided before concluding the agreement;
Any other languages in which the agreement can be concluded, in addition to Dutch;
The codes of conduct to which the entrepreneur has adhered and how the consumer can view these codes electronically;
The minimum duration of the distance agreement in the case of a duration transaction.

Optional: available sizes, colors, types of materials.

Article 5 – The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as this receipt has not been confirmed by the entrepreneur, the consumer can cancel the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur may, within legal limits, check whether the consumer can meet their payment obligations and whether any other relevant facts and factors exist to responsibly conclude the distance agreement. If the entrepreneur has reasonable grounds to refuse the agreement, they may refuse or attach special conditions to the order.

The entrepreneur will provide the following information in writing or in such a way that the consumer can store it on a durable medium:

The visit address of the entrepreneur’s establishment where the consumer can submit complaints;
The terms under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice about its exclusion;
Information about warranties and after-purchase service;
The information in Article 4, paragraph 3 of these terms, unless this has already been provided to the consumer before the execution of the agreement;
The requirements for terminating the agreement if the agreement lasts more than one year or is of indefinite duration.

In the case of a duration transaction, the previous paragraph only applies to the first delivery.

Every agreement is concluded under the condition that the relevant products are sufficiently available.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the right to cancel the agreement without giving any reason within 30 days. This cooling-off period starts the day after the consumer receives the product or a representative designated by the consumer.

During the cooling-off period, the consumer will handle the product and packaging with care. The product may only be unpacked or used to the extent necessary to assess whether they wish to keep the product. If the consumer exercises the right of withdrawal, the product must be returned with all delivered accessories and, if reasonably possible, in the original state and packaging according to the entrepreneur’s reasonable and clear instructions.

If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 30 days of receiving the product. The notification must be done via a written message/email. After notifying the entrepreneur, the consumer must return the product within 30 days. The consumer must prove that the goods have been returned to the origin in a timely manner, for example, by providing proof of shipment.

If the consumer has not exercised their right of withdrawal or returned the product within the period mentioned in paragraphs 2 and 3, the purchase is considered final.

Article 7 – Costs in case of withdrawal

If the consumer uses their right of withdrawal, the costs for returning the products are entirely at the consumer’s expense. This includes the return to the country of origin, such as the entrepreneur’s supplier in China.

If the consumer has paid an amount, the entrepreneur will refund it as soon as possible, but no later than 30 days after withdrawal, provided the product has already been received by the retailer or proof of complete return can be provided.

Article 8 – Exclusion of the right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur clearly stated this in the offer, at least in time before concluding the agreement.

The 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;
That cannot be returned due to their nature;
That may spoil or deteriorate rapidly;
Whose price is linked to fluctuations on the financial market outside the entrepreneur’s control;
For individual newspapers and magazines;
For audio and video recordings and computer software if the consumer has broken the seal;
For hygienic products if the consumer has broken the seal.

Exclusion of the right of withdrawal applies to services:

Regarding accommodation, transportation, restaurant services, or leisure activities to be performed on a specific date or within a certain period;
Where the consumer has expressly consented to the delivery before the cooling-off period has expired;
Regarding bets and lotteries.

Article 9 – Price

During the validity period mentioned 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.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This price fluctuation and the fact that any quoted prices are indicative will be mentioned in the offer.

Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.

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 cancel the agreement on the day the price increase takes effect.

The place of delivery, according to Article 5, paragraph 1, of the Value Added Tax Act 1968, is the country where the transportation begins. In this case, the delivery takes place outside the EU. Consequently, the postal or courier service will collect import VAT and/or customs clearance fees from the recipient. Therefore, the entrepreneur will not charge VAT.

All prices are subject to printing and typing errors. The entrepreneur accepts no liability for the consequences of printing and typing errors. In the case of printing or typing errors, the entrepreneur is not obligated to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur ensures that the products and/or services conform to the agreement, the specifications mentioned in the offer, the reasonable requirements of quality and/or usability, and the applicable legal provisions and/or government regulations in force at the time of the conclusion of the agreement. If agreed, the entrepreneur also ensures that the product is suitable for uses other than normal use.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s statutory rights and claims under the agreement.

Defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days after delivery. The 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 suitability of the products for any 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 had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or otherwise mishandled, or treated in violation of the entrepreneur’s instructions and/or the treatment specified on the packaging;
The defect is wholly or partially caused by regulations set by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

The entrepreneur will exercise the utmost care when receiving and executing orders for products.

The place of delivery is the address provided by the consumer to the entrepreneur.

In accordance with Article 4 of these terms and conditions, the entrepreneur will execute accepted orders as soon as possible, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order can only be 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 without incurring any costs and may be entitled to compensation.

In the case of cancellation according to the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after the cancellation.

If delivery of an ordered product is impossible, the entrepreneur will make every effort to provide a substitute product. The entrepreneur will clearly and understandably inform the consumer when a substitute product is being delivered. The right of withdrawal cannot be excluded for replacement products. The cost of any return shipment will be borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until delivery to the consumer or a previously designated and notified representative of the consumer, unless explicitly agreed otherwise.

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

Cancellation

The consumer can cancel an agreement entered into for an indefinite period, which involves the regular delivery of products (including electricity) or services, at any time, subject to the agreed cancellation rules and a notice period of no more than one month.

The consumer can cancel an agreement entered into for a fixed period, which involves the regular delivery of products (including electricity) or services, at any time, before the end of the fixed period, subject to the agreed cancellation rules and a notice period of no more than one month.

The consumer can cancel the agreements mentioned in the previous paragraphs:

At any time, and is not limited to cancellation at a specific time or within a certain period;
At least in the same manner as the consumer entered into the agreement;
Always cancel with the same notice period as the entrepreneur has stipulated for themselves.

Extension

An agreement entered into for a fixed period, which involves 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, which involves the regular delivery of daily, weekly, or periodicals and magazines, may be tacitly extended for a period of up to three months, provided the consumer can cancel the extended agreement by the end of the extension with a notice period of no more than one month.

An agreement entered into for a fixed period, which involves the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month, and a notice period of no more than three months in the case of an agreement involving the regular but less than monthly delivery of daily, weekly, or periodical publications.

An agreement for a limited period, for the regular delivery of trial or introductory subscriptions for daily, weekly, or periodical publications, will not be tacitly renewed and will automatically end after the trial or introductory period.

Duration

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

Article 13 – Payment

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 to provide a service, this term starts after the consumer receives the confirmation of the agreement.

The consumer is obligated to immediately notify the entrepreneur of any inaccuracies in the provided or stated payment details.

In the event of non-payment by the consumer, the entrepreneur, subject to legal limitations, has the right to charge reasonable costs, which were made known to the consumer in advance.

Article 14 – Complaint Procedure

Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days in a complete and clear manner after the consumer has noticed the defects.

Complaints submitted to the entrepreneur will be answered within 30 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 30-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved through mutual agreement, it results in a dispute subject to the dispute resolution procedure.

A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur explicitly indicates otherwise.

If a complaint is deemed valid by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.