Terms of service
General Terms and Conditions of Hillary’sHome, located in Bennekom
Versoin valid from 01-04-2023.
Table of Contents
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Exclusion of right of withdrawal
Article 9 – The price
Article 10 – Conformity and Guarantee
Article 11 – Delivery and execution
Article 12 – Duration transactions: duration, termination, and extension
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or deviating provisions
Article 1 – Definitions
In these conditions, the following terms shall have the following meanings:
*Reflection period*: the period during which the consumer may exercise his right of withdrawal;
*Consumer*: the natural person who does not act for purposes relating to his trade, business, craft, or profession;
*Day*: calendar day;
*Long-term 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;
*Durable medium*: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that facilitates future consultation and unaltered reproduction of the stored information.
*Right of withdrawal*: the possibility for the consumer to terminate the distance contract within the reflection period;
*Model form*: the European model form for withdrawal that is included in Annex I. The entrepreneur is not obliged to provide the model form;
*Entrepreneur*: the natural or legal person who offers products and/or services to consumers from a distance;
*Distance contract*: an agreement concluded between the entrepreneur and the consumer as part of an organized system for distance selling of products and/or services, whereby exclusive or partial use is made of one or more means of distance communication up to and including the conclusion of the agreement;
*Means of distance communication*: means that can be used for concluding an agreement, without the consumer and entrepreneur being in the same room at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Hillary’sHome;
Rijnsteeg 3, 6721NP Bennekom;
Phone number: 06 – 10 73 67 64 (available Monday to Saturday);
Email address: hilgonda@hilllaryshome.nl
Chamber of Commerce number: 66923646
VAT identification number: NL001413245B90
Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
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 entrepreneur will indicate before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, in deviation from 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 the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated 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 by electronic means or in another way.
In the event that in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis, and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are destroyed, the agreement and these terms and conditions will remain in effect and the relevant provision will be replaced by mutual agreement as soon as possible.
Situations not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be explained 'in the spirit' of these general terms and conditions.
Article 4 – The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
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 entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, data in the offer are indicative and cannot lead to compensation or dissolution of the agreement.
Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
the price, including taxes;
any costs of delivery;
the way in which the agreement will be concluded and which actions are necessary for this;
whether or not the right of withdrawal applies;
the method of payment, delivery, and execution of the agreement;
the period for accepting the offer, or the period for adhering to the price;
the level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate;
whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
the way in which the consumer, before concluding the agreement, can check the data provided by him under the agreement and repair it if necessary;
any other languages in which, in addition to Dutch, the agreement can be concluded;
the behavioral codes to which the entrepreneur is subject and the way in which the consumer can consult these behavioral codes electronically; and
the minimum duration of the distance contract in the event of a long-term transaction.
Article 5 – The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve 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 observe appropriate security measures.
The entrepreneur can – within legal frameworks – inquire about the consumer's ability to fulfill his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
The entrepreneur will send the following information to 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:
the visiting address of the establishment of the entrepreneur 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 regarding the exclusion of the right of withdrawal;
the information about guarantees and existing service after purchase;
the data included in article 4 paragraph 3 of these terms and conditions unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 – Right of withdrawal
When delivering products:
When purchasing products, the consumer has the option to dissolve the agreement without giving any reason for 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated by him in advance and announced to the entrepreneur.
During the reflection period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all supplied accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 7 – Costs in case of withdrawal
If the consumer exercises his right of withdrawal, he will have to pay no more than the costs of returning the product.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. However, the condition is that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted.
Article 8 – Exclusion of right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for the following products and services:
products or services whose price is subject to fluctuations in the financial market on which the entrepreneur has no influence and which may occur within the withdrawal period;
contracts concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content, and/or services;
service agreements, after full execution of the service, but only if:
the execution has begun with the express prior consent of the consumer; and
the consumer has stated that he will lose his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
package travel as referred to in Section 7:500 BW and passenger transport agreements;
service agreements for the provision of accommodation, if a specific date or period of execution is provided for in the agreement and other than for residential purposes, goods transport, car rental services, and catering;
agreements related to leisure activities, if a specific date or period of execution is provided for in the agreement;
products made to the consumer's specifications, which are not prefabricated and which are made on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
products that spoil quickly or have a limited shelf life;
sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
products that, by their nature, are irrevocably mixed with other products after delivery;
alcoholic beverages of which the price has been agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which is dependent on fluctuations in the market over which the entrepreneur has no influence;
sealed audio, video recordings, and computer software, the seal of which has been broken after delivery;
newspapers, periodicals, or magazines, with the exception of subscriptions to them;
the delivery of digital content other than on a tangible medium, but only if:
the execution has begun with the consumer's express prior consent; and
the consumer has stated that he thereby loses his right of withdrawal.
Article 9 – The price
During the period of validity mentioned in the offer, the prices of the products and/or services offered are not increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur can 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 link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
they are the result of statutory regulations or provisions; or
the consumer has the authority to cancel the agreement from the day the price increase takes effect.
The prices stated in the range of products or services include VAT.
Article 10 – Conformity and Guarantee
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions existing on the date of the conclusion of the agreement and/or government regulations.
If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
Article 11 – Delivery and execution
The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but no later than within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be filled or can only be partially filled, the consumer will receive notification of this no later than one month after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs.
After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount that the consumer has paid.
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 expressly agreed otherwise.
Article 12 – Continuing performance contracts: duration, termination, and extension
Termination:
The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, taking into account the termination rules and a notice period of at most one month.
The consumer can terminate a fixed-term agreement that extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the termination rules agreed for this purpose and a notice period of at most one month.
The consumer can in the agreements referred to in the previous paragraphs:
terminate them at any time and not be limited to termination at a specific time or during a specific period;
at least terminate them in the same way as they have been entered into by him;
always terminate them with the same notice period as the entrepreneur has stipulated for himself.
Extension:
An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed duration.
Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed duration of a maximum of three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of at most one month.
An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate at any time with a notice period of at most one month. The notice period is at most three months in the event that the agreement extends to the regular, but less than once a month, delivery of daily newspapers, weekly newspapers, and magazines.
An agreement with limited duration to the regular delivery of trial and introductory subscriptions to daily newspapers, weekly newspapers, magazines, and monthly magazines (trial or introductory subscription) will not be tacitly continued and will automatically end at the end of the trial or introductory period.
Duration:
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 at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 – Payment
Insofar as no later date has been agreed, amounts payable by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
When selling products to consumers, the general terms and conditions may never stipulate an advance payment of more than 50%. When an advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
In case of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 – Complaints procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved in joint consultation, it becomes a dispute that is subject to the dispute settlement procedure.
Article 15 – Disputes
Versoin valid from 01-04-2023.
Table of Contents
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Exclusion of right of withdrawal
Article 9 – The price
Article 10 – Conformity and Guarantee
Article 11 – Delivery and execution
Article 12 – Duration transactions: duration, termination, and extension
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or deviating provisions
Article 1 – Definitions
In these conditions, the following terms shall have the following meanings:
*Reflection period*: the period during which the consumer may exercise his right of withdrawal;
*Consumer*: the natural person who does not act for purposes relating to his trade, business, craft, or profession;
*Day*: calendar day;
*Long-term 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;
*Durable medium*: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that facilitates future consultation and unaltered reproduction of the stored information.
*Right of withdrawal*: the possibility for the consumer to terminate the distance contract within the reflection period;
*Model form*: the European model form for withdrawal that is included in Annex I. The entrepreneur is not obliged to provide the model form;
*Entrepreneur*: the natural or legal person who offers products and/or services to consumers from a distance;
*Distance contract*: an agreement concluded between the entrepreneur and the consumer as part of an organized system for distance selling of products and/or services, whereby exclusive or partial use is made of one or more means of distance communication up to and including the conclusion of the agreement;
*Means of distance communication*: means that can be used for concluding an agreement, without the consumer and entrepreneur being in the same room at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Hillary’sHome;
Rijnsteeg 3, 6721NP Bennekom;
Phone number: 06 – 10 73 67 64 (available Monday to Saturday);
Email address: hilgonda@hilllaryshome.nl
Chamber of Commerce number: 66923646
VAT identification number: NL001413245B90
Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
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 entrepreneur will indicate before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, in deviation from 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 the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated 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 by electronic means or in another way.
In the event that in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis, and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are destroyed, the agreement and these terms and conditions will remain in effect and the relevant provision will be replaced by mutual agreement as soon as possible.
Situations not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be explained 'in the spirit' of these general terms and conditions.
Article 4 – The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
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 entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, data in the offer are indicative and cannot lead to compensation or dissolution of the agreement.
Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
the price, including taxes;
any costs of delivery;
the way in which the agreement will be concluded and which actions are necessary for this;
whether or not the right of withdrawal applies;
the method of payment, delivery, and execution of the agreement;
the period for accepting the offer, or the period for adhering to the price;
the level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate;
whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
the way in which the consumer, before concluding the agreement, can check the data provided by him under the agreement and repair it if necessary;
any other languages in which, in addition to Dutch, the agreement can be concluded;
the behavioral codes to which the entrepreneur is subject and the way in which the consumer can consult these behavioral codes electronically; and
the minimum duration of the distance contract in the event of a long-term transaction.
Article 5 – The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve 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 observe appropriate security measures.
The entrepreneur can – within legal frameworks – inquire about the consumer's ability to fulfill his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
The entrepreneur will send the following information to 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:
the visiting address of the establishment of the entrepreneur 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 regarding the exclusion of the right of withdrawal;
the information about guarantees and existing service after purchase;
the data included in article 4 paragraph 3 of these terms and conditions unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 – Right of withdrawal
When delivering products:
When purchasing products, the consumer has the option to dissolve the agreement without giving any reason for 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated by him in advance and announced to the entrepreneur.
During the reflection period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all supplied accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 7 – Costs in case of withdrawal
If the consumer exercises his right of withdrawal, he will have to pay no more than the costs of returning the product.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. However, the condition is that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted.
Article 8 – Exclusion of right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for the following products and services:
products or services whose price is subject to fluctuations in the financial market on which the entrepreneur has no influence and which may occur within the withdrawal period;
contracts concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content, and/or services;
service agreements, after full execution of the service, but only if:
the execution has begun with the express prior consent of the consumer; and
the consumer has stated that he will lose his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
package travel as referred to in Section 7:500 BW and passenger transport agreements;
service agreements for the provision of accommodation, if a specific date or period of execution is provided for in the agreement and other than for residential purposes, goods transport, car rental services, and catering;
agreements related to leisure activities, if a specific date or period of execution is provided for in the agreement;
products made to the consumer's specifications, which are not prefabricated and which are made on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
products that spoil quickly or have a limited shelf life;
sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
products that, by their nature, are irrevocably mixed with other products after delivery;
alcoholic beverages of which the price has been agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which is dependent on fluctuations in the market over which the entrepreneur has no influence;
sealed audio, video recordings, and computer software, the seal of which has been broken after delivery;
newspapers, periodicals, or magazines, with the exception of subscriptions to them;
the delivery of digital content other than on a tangible medium, but only if:
the execution has begun with the consumer's express prior consent; and
the consumer has stated that he thereby loses his right of withdrawal.
Article 9 – The price
During the period of validity mentioned in the offer, the prices of the products and/or services offered are not increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur can 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 link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
they are the result of statutory regulations or provisions; or
the consumer has the authority to cancel the agreement from the day the price increase takes effect.
The prices stated in the range of products or services include VAT.
Article 10 – Conformity and Guarantee
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions existing on the date of the conclusion of the agreement and/or government regulations.
If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
Article 11 – Delivery and execution
The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but no later than within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be filled or can only be partially filled, the consumer will receive notification of this no later than one month after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs.
After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount that the consumer has paid.
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 expressly agreed otherwise.
Article 12 – Continuing performance contracts: duration, termination, and extension
Termination:
The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, taking into account the termination rules and a notice period of at most one month.
The consumer can terminate a fixed-term agreement that extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the termination rules agreed for this purpose and a notice period of at most one month.
The consumer can in the agreements referred to in the previous paragraphs:
terminate them at any time and not be limited to termination at a specific time or during a specific period;
at least terminate them in the same way as they have been entered into by him;
always terminate them with the same notice period as the entrepreneur has stipulated for himself.
Extension:
An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed duration.
Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed duration of a maximum of three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of at most one month.
An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate at any time with a notice period of at most one month. The notice period is at most three months in the event that the agreement extends to the regular, but less than once a month, delivery of daily newspapers, weekly newspapers, and magazines.
An agreement with limited duration to the regular delivery of trial and introductory subscriptions to daily newspapers, weekly newspapers, magazines, and monthly magazines (trial or introductory subscription) will not be tacitly continued and will automatically end at the end of the trial or introductory period.
Duration:
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 at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 – Payment
Insofar as no later date has been agreed, amounts payable by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
When selling products to consumers, the general terms and conditions may never stipulate an advance payment of more than 50%. When an advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
In case of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 – Complaints procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved in joint consultation, it becomes a dispute that is subject to the dispute settlement procedure.
Article 15 – Disputes
- Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.
- The Vienna Sales Convention does not apply.
Article 16 – Additional or different 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 medium.
Model Withdrawal Form
(Only fill out and return this form if you wish to revoke the agreement)
To
Hillary’sHome
Rijnsteeg 3
6721NP Bennekom
Email: hilgonda@hillaryshome.nl
Phone: 06 – 10 73 67 64
I/We () hereby inform you that I/we () revoke our agreement concerning the sale of the following goods/provision of the following service (*):
— Ordered on (DD-MM-YYYY): — Order number:
— Received on (DD-MM-YYYY):
— Name/Names of consumer(s):
— Address of consumer(s):
— IBAN Bank Account Number:
— Signature of consumer(s) (only if this form is submitted on paper):
— Date (DD-MM-YYYY):
(*) Delete as appropriate.