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General Terms and Conditions Thuiswinkel

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Supplementary agreement: an agreement under which the consumer acquires products, digital content and/or services in connection with a distance contract, and these goods, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;
Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting for purposes related to his trade, business, craft, or professional activity;
Day: calendar day;
Digital content: data that is produced and supplied in digital form;
Continuing performance contract: an agreement aimed at the regular supply of goods, services and/or digital content over a specified period of time;
Durable data carrier: any tool – including email – that enables the consumer or entrepreneur to store information addressed personally to them in such a way that it can be consulted or used in the future for a period of time appropriate to the purpose for which the information is intended, and that allows the stored information to be reproduced unchanged.
Right of withdrawal: the consumer’s option to cancel the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person who is a member of Thuiswinkel.org and who offers products, (access to) digital content and/or services to consumers at a distance;
10. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for the distance selling of products, digital content and/or services, whereby, up to and including the conclusion of the agreement, exclusively or partly one or more techniques for distance communication are used;
11. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions; Annex I does not need to be made available if the consumer has no right of withdrawal in relation to his order;
12. Means of distance communication: any method that can be used to conclude an agreement without the consumer and the trader having to be present in the same place at the same time.

Article 2 - Identity of the entrepreneur

Entrepreneur name: Decorazzi B.V.

Trading under the name(s):

Decorazzi

Business address:

Goeman Borgesiuslaan 77

Phone number: +31302761866

Accessibility:

From:
Monday

Up to and including:
Friday

Van:
09:00

Until:
5:00 PM

Email address: info@decorazzi.com

Chamber of Commerce number: 91415470

VAT number: NL856611219B01

Article 3 - Applicability

These general terms and conditions apply to every offer made by 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 trader will, before the distance contract is concluded, indicate how 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.
If the distance contract is concluded electronically, then, by way of derogation from 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 by electronic means in such a way that the consumer can easily store it on a durable data carrier. 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 manner upon request.
If, in addition to these general terms and conditions, specific product or service terms also apply, paragraphs two and three apply accordingly, and in the event of conflicting terms, the consumer may always rely on the applicable provision that is most favorable to them.

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 contains a complete and accurate description of the products, digital content and/or services being offered. The description is detailed enough to allow the consumer to make a proper assessment of the offer. If the business uses images, these provide a truthful representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the business.
Each offer contains sufficient information to make it clear to the consumer what rights and obligations are associated with accepting the offer.

Article 5 - The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions attached to it.
If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a safe web environment. If the consumer is able to pay electronically, the entrepreneur shall observe appropriate security measures for that purpose.
Within the limits of the law, the entrepreneur may ascertain whether the consumer is able to meet their payment obligations, as well as all those facts and factors that are relevant for responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request with justification, or to attach special conditions to its execution.
No later than at the time of delivery of the product, service, or digital content to the consumer, the entrepreneur shall provide 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 data carrier:
1. the visiting address of the entrepreneur’s business location where the consumer can submit complaints;
2. 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;
3. the information about warranties and existing after-sales service;
4. the price of the product, service or digital content including all taxes; where applicable, the delivery costs; and the method of payment, delivery or performance of the distance contract;
5. the requirements for terminating the agreement if the agreement has a term of more than one year or is of indefinite duration;
6. if the consumer has a right of withdrawal, the model withdrawal form.
In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of Withdrawal

For products:
The consumer may dissolve an agreement relating to the purchase of a product during a reflection period of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for the withdrawal, but may not require the consumer to state his or her reason(s).
The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
1. if the consumer has ordered multiple products in a single order: the day on which the consumer, or a third party designated by the consumer, has received the last product. The entrepreneur may, provided that they have clearly informed the consumer of this prior to the ordering process, refuse an order consisting of multiple products with different delivery times.
2. if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by the consumer, has received the final shipment or the last part;
3. for contracts for the regular delivery of products over a specified period: the day on which the consumer, or a third party designated by the consumer, has received the first product.
For services and digital content not supplied on a tangible medium:
3. The consumer may terminate a service contract and a contract for the supply of digital content not supplied on a tangible medium for at least 14 days without giving any reason. The trader may ask the consumer for the reason for the withdrawal, but may not require the consumer to state his or her reason(s).
The reflection period referred to in paragraph 3 starts on the day following the conclusion of the contract.
Extended reflection period for products, services and digital content not supplied on a tangible medium in the event of failure to inform about the right of withdrawal:
If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the withdrawal period shall expire twelve months after the end of the original withdrawal period as determined in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the start date of the original withdrawal period, the withdrawal period expires 14 days after the day on which the consumer received that information.

Article 7 - Obligations of the consumer during the cooling-off period

During the cooling-off period, the consumer shall handle the product and the packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The guiding principle is that the consumer may only handle and inspect the product as they would be allowed to do in a store.
The consumer is only liable for any decrease in the value of the product that results from handling the product in a way that goes beyond what is permitted in paragraph 1.
The consumer is not liable for any decrease in the value of the product if the trader did not provide all legally required information about the right of withdrawal before or at the time the contract was concluded.

Article 8 - Exercise of the right of withdrawal by the consumer and the costs thereof

If the consumer makes use of their right of withdrawal, they shall notify the trader of this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to the entrepreneur (or an authorized representative). This is not required if the entrepreneur has offered to collect the product himself. In any case, the consumer has complied with the return period if he sends back the product before the withdrawal period has expired.
The consumer returns the product with all supplied accessories, in its original condition and packaging if reasonably possible, and in accordance with the reasonable and clear instructions provided by the trader.
The risk and burden of proof for the proper and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not informed the consumer that they must bear these costs, or if the entrepreneur indicates that they will bear the costs themselves, the consumer does not have to pay the return shipping costs.
If the consumer cancels after having expressly requested that the performance of the service or the supply of gas, water, or electricity not made ready for sale in a limited volume or set quantity begin during the withdrawal period, the consumer owes the trader an amount proportional to that part of the obligation that has been fulfilled by the trader at the time of cancellation, compared to full performance of the obligation.
The consumer does not bear any costs for the performance of services or the supply of water, gas or electricity that have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
1. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal, or the model withdrawal form, or;
2. the consumer has not expressly requested that the performance of the service or the supply of gas, water, electricity or district heating begin during the withdrawal period.
The consumer does not bear any costs for the full or partial supply of digital content that is not provided on a tangible medium, if:
1. he has not explicitly agreed, prior to its delivery, to the performance of the contract beginning before the end of the withdrawal period;
2. he has not acknowledged that he loses his right of withdrawal when giving his consent; or
3. the entrepreneur failed to confirm this statement from the consumer.
If the consumer exercises their right of withdrawal, all supplementary agreements are automatically terminated by operation of law.

Article 9 - Obligations of the entrepreneur in the event of withdrawal

If the entrepreneur enables the consumer to submit the notice of withdrawal electronically, the entrepreneur shall, after receiving this notice, promptly send a confirmation of receipt.
The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay and no later than 14 days after the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to issue the refund until he has received the product or until the consumer proves that they have sent back the product, whichever occurs first.
The entrepreneur uses the same means of payment for the refund that the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not required to refund the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement:

Products or services whose price is tied to fluctuations in the financial market over 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 in which products, digital content and/or services are offered by the trader to consumers who are personally present, or have the opportunity to be personally present, at the auction under the supervision of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services.
Service contracts, after full performance of the service, but only if:
1. the performance has begun with the consumer’s explicit prior consent; and
2. the consumer has declared that he loses his right of withdrawal as soon as the trader has fully performed the contract;
Package travel as referred to in Article 7:500 of the Dutch Civil Code and contracts for the carriage of persons;
Service contracts for making accommodation available, where the contract specifies a particular date or period of performance and the accommodation is for purposes other than residential use, as well as for the carriage of goods, car rental services, and catering;
Agreements relating to leisure activities, where the agreement specifies a particular date or period for their performance;
Products manufactured according to the consumer’s specifications, which are not prefabricated and 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 to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products which, after delivery, by their nature have been irreversibly mixed with other products;
Alcoholic beverages for which the price was agreed upon when the contract was concluded, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the trader has no influence;
Sealed audio and video recordings and computer software, where the seal has been broken after delivery;
Newspapers, journals or magazines, with the exception of subscriptions to these;
The supply of digital content other than on a physical medium, but only if:
1. the performance has begun with the consumer’s explicit prior consent; and
2. the consumer has declared that by doing so he waives his right of withdrawal.

Article 11 - 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 entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This dependence on fluctuations, and the fact that any prices stated are target prices, will be indicated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases starting 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
1. these may result from statutory regulations or provisions; or
2. the consumer has the right to terminate the agreement as of the day on which the price increase takes effect.
The prices stated in the product or service offer include VAT.

Article 12 - Performance of the agreement and additional warranty

The entrepreneur 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 in force on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.
Any additional guarantee provided by the entrepreneur, their supplier, manufacturer, or importer shall never limit the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement if the entrepreneur has failed to properly fulfill their part of the agreement.
An additional warranty is understood to mean any commitment by the trader, their supplier, importer, or manufacturer in which they grant the consumer certain rights or claims that go beyond what they are legally required to provide in the event that they have failed to properly fulfill their part of the agreement.

Article 13 - Delivery and performance

The entrepreneur will exercise the greatest possible care when receiving and fulfilling product orders and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has provided to the entrepreneur.
With due observance of the provisions of Article 4 of these general terms and conditions, the entrepreneur shall carry out accepted orders with all due speed, but at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be carried out or can only be carried out in part, 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 dissolve the agreement at no cost and is entitled to any compensation for damages.
After termination in accordance with the previous paragraph, the entrepreneur will promptly refund the amount paid by the consumer.
The risk of damage to and/or loss of products rests with the entrepreneur until the moment they are delivered to the consumer or to a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 14 - Long-term contracts: duration, termination and renewal

Termination:
The consumer may terminate an agreement that has been entered into 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.
The consumer may terminate a fixed-term contract that provides for the regular delivery of products (including electricity) or services at any time with effect from the end of the agreed term, subject to the agreed termination conditions and with a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:
1. terminate at any time and not be restricted to termination at a specific moment or during a specific period;
2. at least terminate them in the same manner in which they were entered into by him;
3. may always terminate the contract subject to the same notice period that the entrepreneur has stipulated for themself.
Extension:
A fixed-term agreement that is concluded for a specific period and that provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for another fixed term.
By way of derogation from the previous paragraph, a fixed-term contract for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed period of no more than three months, provided that the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.
A fixed-term agreement for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer is allowed to terminate it at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement concerns the regular, but less than monthly, delivery of daily, news and weekly newspapers and magazines.
An agreement for a limited period for the regular delivery of daily, news and weekly papers and magazines for trial or introductory purposes (trial or introductory subscription) will not be tacitly renewed and will automatically end upon expiry of the trial or introductory period.
Duration:
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 it would be unreasonable or unfair to allow termination before the end of the agreed term.

Article 15 - Payment

Unless otherwise specified in the agreement or in additional terms, amounts owed by the consumer must be paid within 14 days after the start of the withdrawal period, or, if there is no withdrawal period, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period starts on the day after the consumer has received confirmation of the agreement.
When selling products to consumers, the consumer may never be required in the general terms and conditions to pay more than 50% in advance. If advance payment has been agreed, the consumer cannot assert any rights regarding the performance of the relevant order or service(s) until the agreed advance payment has been made.
The consumer is obliged to immediately inform the entrepreneur of any inaccuracies in the payment details provided or stated.
If the consumer does not fulfill their payment obligation(s) on time, then after the entrepreneur has notified the consumer of the late payment and has granted the consumer a period of 14 days, starting on the day after receipt of the reminder, to still meet their payment obligations, and payment has not been made within this 14-day period, the consumer will owe statutory interest on the outstanding amount. In that case, the entrepreneur is also entitled to charge the extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500; and 5% on the following € 5,000, with a minimum of € 40. The entrepreneur may deviate from these amounts and percentages in favor of the consumer.

Article 16 - Complaints Procedure

The entrepreneur has a complaints procedure that has been sufficiently publicized and handles complaints in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable period of time after the consumer has discovered the defects, and must be fully and clearly described.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
A complaint about a product, service, or the entrepreneur’s customer service can also be submitted via a complaint form on the consumer page of the Thuiswinkel.org website www.thuiswinkel.org. The complaint will then be sent both to the entrepreneur concerned and to Thuiswinkel.org.
The consumer must in any case give the entrepreneur 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is eligible for the dispute resolution procedure.

Article 17 - Disputes

For agreements between the entrepreneur and the consumer to which these general terms and conditions apply, only Dutch law is applicable. If the entrepreneur directs his activities at the country where the consumer resides, the consumer may always invoke the mandatory consumer protection laws of their own country as well.
Disputes between the consumer and the entrepreneur regarding the formation or performance of agreements relating to products and services to be supplied or already supplied by this entrepreneur may, subject to the provisions below, be submitted by both the consumer and the entrepreneur to the Thuiswinkel Disputes Committee, P.O. Box 90600, 2509 LP, The Hague (www.sgc.nl).
A dispute will only be taken into consideration by the Disputes Committee if the consumer has first submitted their complaint to the entrepreneur within a reasonable period of time.
If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing, or in another form determined by the Committee, no later than 12 months after the date on which the consumer submitted the complaint to the entrepreneur.
If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. Preferably, the consumer should first report this to the entrepreneur.
If the entrepreneur wishes to submit a dispute to the Disputes Committee, the consumer must, within five weeks after a written request to that effect from the entrepreneur, state in writing whether they also wish this, or whether they prefer to have the dispute handled by the competent court. If the entrepreneur does not learn of the consumer’s choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court.
The Disputes Committee issues rulings under the conditions laid down in the regulations of the Disputes Committee (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the Disputes Committee are made in the form of binding advice.
The Disputes Committee will not handle a dispute, or will discontinue its handling, if the entrepreneur has been granted a suspension of payments, has been declared bankrupt, or has in fact ceased its business activities before the dispute has been heard by the committee at a hearing and a final decision has been issued.
If, in addition to the Thuiswinkel Disputes Committee, another disputes committee that is recognized or affiliated with the Foundation for Consumer Disputes Committees (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Thuiswinkel Disputes Committee shall preferably have jurisdiction over disputes that mainly concern the method of distance selling or distance services. All other disputes shall fall under the jurisdiction of the other disputes committee recognized by and affiliated with SGC or Kifid.

Article 18 - Industry Guarantee

Thuiswinkel.org guarantees that its members will comply with the binding decisions of the Thuiswinkel Disputes Committee, unless the member decides to submit the binding decision to a court for review within two months after it has been sent. This guarantee is reinstated if the binding decision is upheld by the court and the judgment confirming this has become final and conclusive. For each binding decision, Thuiswinkel.org will pay the consumer up to a maximum amount of €10,000. For amounts exceeding €10,000 per binding decision, €10,000 will be paid out. For the remaining amount, Thuiswinkel.org has a best-efforts obligation to ensure that the member complies with the binding decision.
To invoke this guarantee, the consumer must submit a written claim to Thuiswinkel.org and transfer their claim against the entrepreneur to Thuiswinkel.org. If the claim against the entrepreneur exceeds €10,000, the consumer will be offered the option to transfer the portion of the claim that exceeds €10,000 to Thuiswinkel.org, after which this organization, in its own name and at its own expense, will pursue payment of that amount in court for the benefit of the consumer.

Article 19 - Additional or deviating provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be laid down in writing, or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Article 20 - Amendment of the Thuiswinkel.org General Terms and Conditions

Changes to these terms only take effect after they have been published in an appropriate manner, it being understood that, in the event of applicable changes during the term of an offer, the provision most favorable to the consumer will prevail.

Thuiswinkel.org

www.thuiswinkel.org

Traverse 3, 3905 NL Veenendaal

Annex I: Model withdrawal form

Model withdrawal form

(only complete and return this form if you wish to withdraw from the agreement)

a. To: [ name of entrepreneur]

[entrepreneur’s geographical address]

[ fax number of the entrepreneur, if available]

[ email address or electronic address of the entrepreneur]

b. I/We* hereby inform you that I/we* [am/are] terminating our agreement concerning

the sale of the following products: [product description]*

the delivery of the following digital content: [description of digital content]*

the performance of the following service: [service description]*,

revokes/revoked*

c. Ordered on*/received on* [date of order for services or date of receipt for products]

d. [Name of consumer(s)]

e. [Address of consumer(s)]

f. [Signature of consumer(s)] (only if this form is submitted on paper)

e. [Date]

* Cross out what does not apply or fill in what does apply.

Terms and Conditions