Table of contents:
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
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 warranty
Article 11 - Delivery and performance
Article 12 – Continuing contracts: term, termination and extension
Article 13 - Payment
Article 14 - Complaints Procedure
Article 15 - Disputes
Article 16 - Additional or Deviating Provisions
Article 1 – Definitions
For the purposes of these terms and conditions, the following definitions apply:
Withdrawal period: the period during which the consumer may exercise their right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Subscription transaction: a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;
Durable data carrier: any tool that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the consumer’s option to withdraw from the distance contract within the withdrawal period;
Model form: the model withdrawal form made available by the entrepreneur, which a consumer can complete when wishing to exercise their right of withdrawal.
Entrepreneur: the natural person or legal entity that offers products and/or services to consumers remotely;
Distance contract: a contract whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, one or more techniques for distance communication are used exclusively up to and including the conclusion of the contract;
Technique for distance communication: a means that can be used to conclude a contract without the consumer and the entrepreneur being together 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
dr. Worker B.V.
Zusterstraat 9B
4461JA Goes;
Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and order placed 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance agreement is concluded electronically, notwithstanding the preceding paragraph and before the distance agreement 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 save it on a durable data carrier. If this is not reasonably possible, before the distance agreement is concluded, the consumer will be informed where the general terms and conditions can be consulted electronically and that, at the consumer’s request, they will be sent free of charge electronically or by other means.
If, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to them.
If one or more provisions of these general terms and conditions are wholly or partially void or annulled at any time, the agreement and these terms and conditions will otherwise remain in force, and the provision concerned will be replaced without delay by mutual agreement with a provision that approximates the intent of the original provision as closely as possible.
Situations not covered by these general terms and conditions must be assessed in accordance with the spirit of these general terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted in accordance with the spirit of these general terms and conditions.
Article 4 - The offer
If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and modify the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable consumers to properly assess the offer. If the entrepreneur uses images, these provide a true-to-life representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
All images, specifications, and information in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images of products provide a true-to-life representation of the products offered. The entrepreneur cannot guarantee that the colors shown correspond exactly to the actual colors of the products.
Every offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This concerns in particular:
the price including taxes;
any shipping costs;
how 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 business guarantees the price;
the amount of the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular basic rate for the communication method used;
whether the contract will be archived after its conclusion and, if so, how the consumer can access it;
how the consumer can review and, if desired, correct the data provided by them in connection with the contract before concluding it;
any other languages in which, in addition to Dutch, the contract may be concluded;
the codes of conduct to which the business has committed itself and how the consumer can consult these codes of conduct electronically; and the minimum duration of the distance contract in the case of a continuing transaction;
available sizes, colors, types of materials.
Article 5 – The contract
Subject to the provisions of paragraph 4, the contract is concluded when the consumer accepts the offer and fulfills the conditions stipulated for it.
If the consumer has accepted the offer electronically, the business shall promptly confirm receipt of the acceptance of the offer electronically. Until receipt of this acceptance has been confirmed by the business, the consumer may dissolve the contract.
If the contract is concluded electronically, the business shall 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 business shall observe appropriate security measures for this purpose.
The business may—within the limits of the law—ascertain whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the business has good reason not to enter into the contract, it is entitled to refuse an order or request with reasons, or to attach special conditions to its performance.
The trader will provide the consumer with the following information with the product or service, in writing or in a manner that allows the consumer to store it accessibly on a durable medium:
a. the visiting address of the trader’s establishment where the consumer can submit complaints;
b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
c. information about warranties and existing after-sales service;
d. the information referred to in Article 4, paragraph 3, of these terms and conditions, unless the trader has already provided this information to the consumer before performing the agreement;
e. the requirements for terminating the agreement if the agreement has a term of more than one year or is of indefinite duration.
In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is entered into subject to the suspensive condition of sufficient availability of the products concerned.
Article 6 – Right of withdrawal
For the delivery of products:
When purchasing products, the consumer has the option to cancel the agreement without giving any reason within 30 days. This withdrawal period begins on the day after the consumer, or a representative designated in advance by the consumer and notified to the trader, receives the product.
During the withdrawal period, the consumer must handle the product and packaging with care. They may only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they must return the product to the trader with all accessories supplied and, where reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise their right of withdrawal, they must notify the trader within 30 days of receiving the product. The consumer must notify the trader using the model withdrawal form or another means of communication, such as email. After notifying the trader that they wish to exercise their right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the goods supplied were returned on time, for example by providing proof of shipment.
If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the sale is final.
When services are provided:
When services are provided, the consumer has the option to terminate the agreement without stating reasons for at least 30 days, beginning on the day the agreement is concluded.
To exercise their right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.
Article 7 - Costs in the event of withdrawal
If the consumer exercises their right of withdrawal, no additional costs will be charged. Returns are completely free of charge.
If the consumer has paid an amount, the entrepreneur will refund it as soon as possible, and no later than 30 days after 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 used by the consumer, unless the consumer expressly consents to another payment method.
If the product is damaged due to careless handling by the consumer, the consumer is liable for any resulting reduction in the product's value.
The consumer cannot be held liable for any reduction in the product's value if the entrepreneur has not provided all legally required information about the right of withdrawal before concluding the sales agreement.
Article 8 - Exclusion of the right of withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer or, at least in good time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:
a. that have been manufactured by the entrepreneur in accordance with the consumer's specifications;
b. that are clearly personal in nature;
c. that, by their nature, cannot be returned;
d. that can spoil or deteriorate quickly;
e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no control;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software whose seal has been broken by the consumer.
h. concerning hygiene products whose seal has been broken by the consumer.
Exclusion of the right of withdrawal is possible only for services:
a. concerning accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
b. whose delivery began with the consumer’s express consent before the cooling-off period expired;
c. concerning bets and lotteries.
Article 9 – The price
During the validity period 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.
By way of derogation from the previous paragraph, the trader may offer products or services at variable prices if their prices are tied to fluctuations in the financial market over which the trader has no influence. This dependence on fluctuations, and the fact that any prices stated are indicative prices, shall be mentioned in the offer.
Price increases within 3 months after the agreement was concluded are permitted only if they result from statutory regulations or provisions.
Price increases from 3 months after the agreement was concluded are permitted only if the trader has stipulated this and:
a. it results from statutory regulations or provisions; or
b. the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer for products or services include VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing or typographical errors, the trader is not obliged to supply the product at the incorrect price.
Article 10 – Conformity and Guarantee
The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations applicable on the date the agreement was concluded. Where agreed, the trader also guarantees that the product is suitable for use other than normal use.
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 under the agreement.
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.
The business's warranty period corresponds to the manufacturer's warranty period. However, the business 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.
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 have otherwise been handled carelessly or contrary to the business's instructions and/or handled contrary to the instructions on the packaging;
The defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government concerning the nature or quality of the materials used.
Article 11 - Delivery and performance
The business will exercise the utmost care when receiving and processing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has provided to the company.
Subject to the provisions of paragraph 4 of this article, the company will process accepted orders with due expedition, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be fulfilled partially, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without charge. The consumer is not entitled to compensation.
All delivery periods are indicative. The consumer cannot derive any rights from the periods stated. Exceeding a period does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the business will refund the amount paid by the consumer as soon as possible, but no later than within 30 days of dissolution.
If delivery of an ordered product proves impossible, the business will endeavor to provide a replacement item. No later than upon delivery, it will be clearly and understandably stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. Any return shipping costs will be borne by the business.
The risk of damage to and/or loss of products rests with the business until the moment of delivery to the consumer or a previously designated representative known to the business, unless expressly agreed otherwise.
Article 12 – Continuing contracts: term, termination and extension
Termination
The consumer may terminate an agreement entered into for an indefinite period that provides for the regular delivery of products (including electricity) or services at any time, in accordance with the agreed termination rules and with a notice period of no more than one month.
The consumer may terminate an agreement entered into for a fixed term that provides for the regular delivery of products (including electricity) or services at any time at the end of the fixed term, in accordance with the agreed termination rules and with a notice period of no more than one month.
The consumer may terminate the agreements referred to in the preceding paragraphs:
terminate at any time and not be limited to termination at a specific time or during a specific period;
terminate at least in the same manner in which they entered into it;
always terminate with the same notice period as the entrepreneur has stipulated for themselves.
Extension
An agreement entered into for a fixed term that provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
By way of derogation from the previous paragraph, an agreement entered into for a fixed term that provides for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed term of no more than three months, if the consumer may terminate the extended agreement at the end of the extension with a notice period of no more than one month.
An agreement entered into for a fixed term 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, and with a notice period of no more than three months if the agreement provides for the regular delivery, less than once a month, of daily, news and weekly newspapers and magazines.
An agreement of limited duration for the regular delivery of daily, news and weekly newspapers and magazines for familiarization purposes (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Term
If an agreement has a term 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, unless reasonableness and fairness oppose termination before the end of the agreed term.
Article 13 - Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days after the withdrawal period referred to in Article 6, paragraph 1, begins. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer is required to report any inaccuracies in the payment details provided or stated to the trader without delay.
In the event of the consumer’s failure to pay, the trader has the right, subject to statutory limitations, to charge the reasonable costs previously disclosed to the consumer.
Article 14 - Complaints Procedure
The trader has a sufficiently publicized complaints procedure and handles the complaint in accordance with this procedure.
Complaints about the performance of the agreement must be submitted to the trader, fully and clearly described, within 2 months after the consumer has discovered the defects.
Complaints submitted to the trader will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
In the event of complaints, the consumer must first contact the trader. It is also possible to submit complaints via the European ODR platform ( HYPERLINK "http://ec.europa.eu/odr"http://ec.europa.eu/odr).
A complaint does not suspend the trader’s obligations, unless the trader indicates otherwise in writing.
If the trader finds a complaint to be justified, the trader will, at its discretion, either replace or repair the products supplied free of charge.
Article 15 - Disputes
Only Dutch law applies to agreements between the trader and the consumer to which these general terms and conditions relate, even if the consumer resides abroad.
The Vienna Sales Convention does not apply.
Article 16 - Additional or Deviating Provisions
Additional or deviating provisions from these general terms and conditions may not be detrimental to the consumer and must be recorded in writing or in such a way that the consumer can store them accessibly on a durable medium,
