Table of contents

Article 1 – Definitions
Article 2 – Identity of the trader
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – Costs in the event of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Conformity and guarantee
Article 11 – Delivery and performance
Article 12 – Continuing contracts: duration, termination and renewal
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or deviating provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Withdrawal 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 who concludes a distance contract with the trader;
3. Day: calendar day;
4. Continuing contract: a distance contract relating to a series of products and/or services, where the obligation to deliver and/or to purchase is spread over time;
5. Durable medium: any means that enables the consumer or the trader to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the consumer's option to withdraw from the distance contract within the withdrawal period;
7. Model form: the model withdrawal form made available by the trader, which a consumer can complete when they wish to exercise their right of withdrawal.
8. Trader: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance contract: a contract whereby, within the framework of a system organised by the trader for the distance sale of products and/or services, 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 means that can be used to conclude a contract without the consumer and the trader being present in the same place at the same time.
11. General Terms and Conditions: these General Terms and Conditions of the trader.

Article 2 – Identity of the trader

Hilten Lederwaren BV

Oud Zevenaarsedijk 4

6913KM Aerdt

The Netherlands

Telephone number: 06 39193974

E-mail address: [email protected]
Chamber of Commerce (KvK) number: 89121112

VAT identification number: NL864885040B01

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the trader and to every distance contract concluded and every order placed between the trader and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed, before the distance contract is concluded, that the general terms and conditions can be inspected at the trader'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, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the consumer will be informed, before the distance contract is concluded, where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge, electronically or otherwise, upon request.
4. If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting terms and conditions the consumer may always invoke the applicable provision that is most favourable to them.
5. If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the contract and these terms and conditions will otherwise remain in force, and the provision concerned will be replaced without delay, by mutual agreement, by a provision that comes as close as possible to the purpose of the original provision.
6. Situations not covered by these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
7. Any uncertainty about the interpretation or content of one or more provisions of our terms and conditions must be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 – The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
2. The offer is without obligation. The trader is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the trader.
4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or to termination of the contract.
5. Product images are a true representation of the products offered. The trader cannot guarantee that the colours displayed correspond exactly to the actual colours of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:
   • the price including taxes;
   • any shipping costs;
   • the manner in which the contract will be concluded and which actions are required for this;
   • whether or not the right of withdrawal applies;
   • the method of payment, delivery and performance of the contract;
   • the period for accepting the offer, or the period within which the trader guarantees the price;
   • the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
   • whether the contract will be archived after its conclusion and, if so, how the consumer can consult it;
   • the manner in which the consumer, before concluding the contract, can check the data they have provided in connection with the contract and, if desired, correct it;
   • any other languages in which, in addition to Dutch, the contract can be concluded;
   • the codes of conduct to which the trader has submitted and the manner in which the consumer can consult these codes of conduct electronically; and
   • the minimum duration of the distance contract in the case of a continuing contract.

Article 5 – The contract

1. Subject to the provisions of paragraph 4, the contract 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 trader will confirm receipt of the acceptance of the offer electronically without delay. As long as the trader has not confirmed receipt of this acceptance, the consumer may terminate the contract.
3. If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures for this purpose.
4. The trader may, within the limits of the law, find out whether the consumer is able to meet their payment obligations and obtain information on all facts and factors that are relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the contract, it is entitled to refuse an order or request, stating its reasons, or to attach special conditions to its performance.
5. The trader will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
   • the visiting address of the trader's establishment where the consumer can go with complaints;
   • the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
   • information about guarantees and existing after-sales service;
   • the data included in article 4 paragraph 3 of these terms and conditions, unless the trader has already provided this data to the consumer before the performance of the contract;
   • the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
6. In the case of a continuing contract, the provision in the previous paragraph applies only to the first delivery.
7. Every contract is entered into subject to the condition precedent of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

For the delivery of products:

1. When purchasing products, the consumer has the option of withdrawing from the contract without giving any reason within 14 days. This withdrawal period starts on the day after the product is received by the consumer or by a representative designated in advance by the consumer and made known to the trader.
2. During the withdrawal period, the consumer will handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises their right of withdrawal, they will return the product to the trader with all accessories supplied and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
3. If the consumer wishes to exercise their right of withdrawal, they must notify the trader of this within 14 days of receiving the product. The consumer must give this notification by means of the model form or by another means of communication, such as e-mail. After the consumer has given notice that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of postage.
4. If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not given notice that they wish to exercise their right of withdrawal, or has not returned the product to the trader, the purchase is final.

For the supply of services:

1. When services are supplied, the consumer has the option of withdrawing from the contract without giving any reason for a period of at least 14 days, starting on the day the contract is concluded.
2. To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader for this purpose with the offer and/or at the latest upon delivery.

Article 7 – Costs in the event of withdrawal

1. If the consumer exercises their right of withdrawal, the consumer will bear no more than the cost of returning the product.
2. If the consumer has paid an amount, the trader will refund this amount as soon as possible, and no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided. The refund will be made using the same payment method that the consumer used, unless the consumer expressly agrees to a different payment method.
3. If the product is damaged as a result of careless handling by the consumer themselves, the consumer is liable for any diminished value of the product.
4. The consumer cannot be held liable for any diminished value of the product if the trader has not provided all legally required information about the right of withdrawal; this information must be provided before the purchase contract is concluded.

Article 8 – Exclusion of the right of withdrawal

1. The trader may 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 trader has clearly stated this in the offer, or at least in good time before the contract is concluded.
2. Exclusion of the right of withdrawal is only possible for products:
   • that have been made by the trader in accordance with the consumer's specifications;
   • that are clearly personal in nature;
   • that by their nature cannot be returned;
   • that can spoil or become outdated quickly;
   • whose price is subject to fluctuations in the financial market over which the trader has no control;
   • for individual newspapers and magazines;
   • for audio and video recordings and computer software of which the consumer has broken the seal;
   • for hygiene products of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
   • relating to accommodation, transport, restaurant services or leisure activities to be provided on a specific date or during a specific period;
   • the provision of which has begun with the express consent of the consumer before the withdrawal period has expired;
   • relating to bets and lotteries.

Article 9 – The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding the previous paragraph, the trader may offer products or services at variable prices if their prices are subject to fluctuations in the financial market over which the trader has no control. This dependence on fluctuations and the fact that any prices stated are indicative prices will be stated with the offer.
3. Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:
   • they result from statutory regulations or provisions; or
   • the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
6. All prices are subject to misprints and typesetting errors. No liability is accepted for the consequences of misprints and typesetting errors. In the event of misprints and typesetting errors, the trader is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and 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 soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the contract was concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the trader on the basis of the contract.
3. Any defects or incorrectly delivered products must be reported to the trader in writing within 2 months of delivery. Products must be returned in their original packaging and in new condition.
4. The trader's guarantee period corresponds to the manufacturer's guarantee period. However, the trader is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The guarantee does not apply if:
   • the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
   • the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the trader and/or the instructions on the packaging;
   • the defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

Article 11 – Delivery and performance

1. The trader will exercise 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 provided to the company.
3. Taking into account what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed, and in any event within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract free of charge. The consumer is not entitled to compensation.
4. All delivery periods are indicative. The consumer cannot derive any rights from any periods stated. Exceeding a period does not entitle the consumer to compensation.
5. In the event of termination in accordance with paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible, and no later than 14 days after termination.
6. If delivery of an ordered product proves impossible, the trader will make every effort to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment will be borne by the trader.
7. The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or to a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 – Continuing contracts: duration, termination and renewal

Termination

1. The consumer may terminate a contract that has been concluded for an indefinite period and that provides for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate a contract that has been concluded for a fixed period and that provides for the regular delivery of products (including electricity) or services at any time with effect from the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.
3. With regard to the contracts referred to in the previous paragraphs, the consumer may:
   • terminate them at any time, without being limited to termination at a specific time or in a specific period;
   • terminate them at least in the same manner as they were entered into by the consumer;
   • always terminate them with the same notice period as the trader has stipulated for itself.

Renewal

1. A contract that has been concluded for a fixed period and that provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
2. Notwithstanding the previous paragraph, a contract that has been concluded for a fixed period and that provides for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed period of no more than three months, if the consumer can terminate this extended contract with effect from the end of the extension with a notice period of no more than one month.
3. A contract that has been concluded for a fixed period and that provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, or with a notice period of no more than three months if the contract provides for the regular, but less than monthly, delivery of daily, news and weekly newspapers and magazines.
4. A contract of limited duration for the regular delivery of daily, news and weekly newspapers and magazines by way of introduction (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

1. If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude 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 working days after the start of the withdrawal period referred to in article 6 paragraph 1. In the case of a contract for the provision of a service, this period starts after the consumer has received confirmation of the contract.
2. The consumer is obliged to report any inaccuracies in the payment details provided or stated to the trader without delay.
3. In the event of non-payment by the consumer, the trader has the right, subject to statutory restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

1. The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the performance of the contract must be submitted to the trader, fully and clearly described, within 2 months after the consumer has discovered the defects.
3. Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will reply within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
5. In the event of complaints, a consumer must first contact the trader. If the online shop is affiliated with Stichting WebwinkelKeur, then for complaints that cannot be resolved by mutual agreement the consumer must contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this online shop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the option of having their complaint dealt with by the independent disputes committee appointed by Stichting WebwinkelKeur; its decision is binding, and both the trader and the consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs, which must be paid by the consumer to the committee concerned.
6. A complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.
7. If the trader finds a complaint to be justified, the trader will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

1. Contracts between the trader and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law. This also applies if the consumer is resident abroad. For consumers, this applies only insofar as it does not deprive them of the protection afforded by the mandatory provisions of the law of the country of their habitual residence.
2. The United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention, CISG) does not apply.

Article 16 – Additional or deviating provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.