Article 1 – Definitions

In these terms and conditions, the following definitions shall apply:

1. Reflection period: the period within which the consumer can exercise his right of withdrawal;
2. Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
5. Durable data medium: any means that enables the consumer or trader to store information addressed personally to him in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal the possibility for the consumer to abandon the distance contract within the cooling-off period;
7. Model form: the model withdrawal form made available by the trader which a consumer can fill in when he wants to exercise his right of withdrawal.
8. Entrepreneur: The natural or legal person offering products and/or services to consumers at a distance;
9. Remote agreement: an agreement under which, within the framework of a system organised by the trader for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
10. Remote communication technology: means that can be used to conclude an agreement, without the consumer and trader being together in the same room at the same time.
11. Terms and conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Vergulde Kat
Breikom 20
8431 BN Oosterwolde

Telephone number: +31 (0)6 4098 4438
E-mail address: info@verguldekat.nl
Chamber of Commerce number: 91135001
BTW-identificatienummer: NL004738890B90

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 entrepreneur and consumer.
2. 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, before the distance contract is concluded, it will be indicated that the terms and conditions can be inspected at the entrepreneur's premises and will be sent to the consumer free of charge as soon as possible upon request.
3. If the distance contract is concluded electronically, the text of these 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.
4. In the event that specific product or service terms and conditions also apply in addition to these general terms and conditions, the consumer may, in the event of conflicting general terms and conditions, always rely on the applicable provision that is most favourable to them.
5. If one or more provisions in these general terms and conditions are null and void or annulled, the agreement shall otherwise remain intact and the provision in question shall be replaced by mutual agreement.
6. Situations not covered by these general terms and conditions are to be assessed 'in the spirit' of these general terms and conditions.
7. Any ambiguities regarding the explanation or content of one or more provisions shall be interpreted in accordance with 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 non-binding. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a full and accurate description of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
4. All images, specifications data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
5. Images accompanying products are a true representation of the products on offer. Operator cannot guarantee that the colours displayed correspond exactly to the real colours of the products.
6. Every offer must contain such information that it is clear to the consumer what rights and obligations are associated with the acceptance of the offer.

Article 5 – The Agreement

1. The agreement is concluded at the moment of acceptance by the consumer of the offer and fulfilment of the conditions stipulated therein.
2. If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance electronically.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data.
4. The entrepreneur can, within legal frameworks, ascertain whether the consumer can meet their payment obligations. If the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order.
5. The entrepreneur shall enclose the relevant information with the product or service for the consumer, including return conditions, warranty information, and service details.
6. In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.
7. Each agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

On delivery of products:

1. When purchasing products, the consumer has the right to cancel the agreement without giving a reason within 14 days of receiving the product.
2. During the cooling-off period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep it.
3. If the consumer wishes to exercise his right of withdrawal, he should make this known within 14 days via the model form or by e-mail. The product must then be returned within 14 days.
4. If the customer has not exercised their right of withdrawal after the aforementioned periods have expired, the purchase is considered final.

On provision of services:

1. When services are supplied, the consumer has the option of dissolving the contract without giving reasons for at least 14 days starting from the day of entering into the contract.
2. To exercise his right of withdrawal, the consumer will comply with the instructions provided by the operator.

Article 7 – Costs in the event of withdrawal

1. The consumer bears the direct cost of returning the product.
2. If the consumer has made a payment, the trader shall refund this as soon as possible, but no later than 14 days after withdrawal, using the same payment method.
3. If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any depreciation in value.
4. The consumer cannot be held liable for depreciation if the trader has not provided all legally required information concerning the right of withdrawal.

Article 8 – Exclusion of the right of withdrawal

1. The entrepreneur can exclude the right of withdrawal for products as described in paragraphs 2 and 3, provided this is clearly stated in the offer.
2. Exclusions may apply to products that are custom-made, clearly personal in nature, cannot be returned, are liable to spoil quickly, or whose price is subject to fluctuations in the financial market.
3. Exclusion is possible for services concerning accommodation, transport or leisure activities on a specific date, or services the performance of which has begun with the express consent of the consumer.

Article 9 – The Price

1. Prices will not be increased during the validity period stated in the offer, except for price changes resulting from changes in VAT rates.
2. The entrepreneur can offer products or services with variable prices whose prices are linked to fluctuations on the financial market.
3. Price increases within 3 months of the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
4. Price increases from 3 months after the agreement is established are only permitted if the business owner has stipulated this and the consumer has the right to terminate the agreement.
5. The prices mentioned in the offer are inclusive of VAT.
6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences thereof.

Article 10 – Conformity and Guarantee

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer and the reasonable requirements of soundness and usability.
2. A guarantee provided by the entrepreneur does not affect the legal rights and claims the consumer can assert against the entrepreneur.
3. The statutory warranty applies to all products.
4. Any defects or incorrectly delivered products must be reported in writing within 2 months of discovery.
5. The warranty does not apply if the consumer has repaired the products themselves, the products have been exposed to abnormal conditions, or the defect is a result of governmental regulations.

Article 11 – Delivery and performance

1. The entrepreneur shall exercise the utmost care in receiving and executing orders.
2. The place of delivery is the address that the consumer has made known to the company.
3. Accepted orders will be fulfilled within 30 days at the latest, unless a longer delivery period has been agreed upon. In case of delay, the consumer will be notified and has the right to terminate the agreement free of charge.
4. All delivery deadlines are indicative. Exceeding a deadline does not entitle the consumer to contractual damages.
5. In case of dissolution, the entrepreneur shall refund the amount paid to the customer no later than 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will endeavour to make available a replacement article.
7. The risk of damage to and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer.

Article 12 – Term transactions: duration, termination and renewal

Termination

1. The consumer can terminate an agreement for an indefinite period at any time with a notice period of at most one month.
2. The consumer can terminate a fixed-term agreement at any time at the end of the fixed term with a notice period of no more than one month.
3. The consumer may terminate agreements at any time, in the same way in which they were concluded, and with the same notice period as the entrepreneur has stipulated for themselves.

Extension

1. A fixed-term contract may not be tacitly extended for a fixed period.
2. Notwithstanding this, subscriptions to daily or weekly newspapers may be tacitly renewed for a maximum of three months, provided that the consumer can cancel them within one month's notice.
3. An agreement 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.
4. An introductory subscription is not tacitly continued and ends automatically.

Duration

1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month.

Article 13 – Payment

1. Unless otherwise agreed, the amounts due must be paid within 7 working days of the commencement of the cooling-off period.
2. The consumer has a duty to report inaccuracies in payment details provided to the trader without delay.
3. In the event of default, the entrepreneur has the right to charge reasonable costs.

Article 14 – Complaints Procedure

1. The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints regarding the performance of the agreement must be submitted fully and clearly described within 2 months.
3. Complaints submitted to the entrepreneur will be answered within 14 days. If a complaint requires a longer processing time, this will be confirmed within 14 days with an indication of the expected response timeframe.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises which is susceptible to dispute resolution.
5. For complaints that cannot be resolved by mutual agreement, consumers should contact WebwinkelKeur, who will mediate free of charge.
6. A complaint does not suspend the operator's obligations unless the operator indicates otherwise in writing.
7. If a complaint is found to be well-founded, the entrepreneur shall, at their discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

1. Contracts between the entrepreneur and the consumer are exclusively governed by Dutch law, even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

Article 16 – Supplementary 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 they can be stored by the consumer in an accessible manner on a durable data carrier.