Click HERE to download our General Terms and Conditions + the model withdrawal form as a PDF.

General Terms and Conditions Thuiswinkel.org

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 - Obligations of the consumer during the cooling-off period

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

  • Article 9 - Obligations of the entrepreneur in case of withdrawal

  • Article 10 - Exclusion of the right of withdrawal

  • Article 11 - The price

  • Article 12 - Compliance and extra warranty

  • Article 13 - Delivery and execution

  • Article 14 - Term transactions: duration, termination, and extension

  • Article 15 - Payment

  • Article 16 - Complaints procedure

  • Article 17 - Disputes

  • Article 18 - Branch guarantee

  • Article 19 - Additional or deviating provisions

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

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

  • Supplementary agreement: an agreement in which the consumer acquires products, digital content, and/or services in connection with a distance contract and these items are delivered by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur;

  • Cooling-off period: the period within which the consumer can make use of their right of withdrawal;

  • Consumer: the natural person not acting for purposes related to their trade, business, craft, or professional activity;

  • Day: calendar day;

  • Digital content: data produced and delivered in digital form;

  • Duration contract: an agreement for the regular delivery of goods, services, and/or digital content during a certain period;

  • Durable data carrier: any tool — including e-mail — that enables the consumer or entrepreneur to store information personally addressed to them in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;

     

  • Right of withdrawal: the possibility for the consumer to renounce the distance contract within the cooling-off period;

     

  • Entrepreneur: the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content, and/or services to consumers at a distance;

     

  • Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for the distance sale of products, digital content, and/or services, whereby up to and including the conclusion of the agreement, exclusive or partial use is made of one or more techniques for distance communication;

     

  • Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions;

     

  • Technique for distance communication: means that can be used to conclude an agreement without the consumer and entrepreneur having to meet in the same room at the same time.

Article 2 - Identity of the entrepreneur

Name of entrepreneur: DutchDynamic Outdoor B.V. Trading under the name(s): DutchDynamic Outdoor B.V., GearWulf

Registered address: Vuurdoornstraat 46 4043NS, Opheusden The Netherlands Telephone number: +31488234444 Availability: Monday to Friday From: 09:00 to: 17:00 E-mail address: [email protected]

Chamber of Commerce (KvK) number: 68811233 VAT identification number: NL857602317B01

Article 3 - Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be inspected and that they will be sent free of charge as soon as possible at the consumer's request.

Article 4 - The offer

  1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.

  2. The offer contains a full and accurate description of the products, digital content, and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

Article 5 - The agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set.

  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.

Article 6 - Right of withdrawal

For products:

  1. The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons.

  2. The cooling-off period starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product.

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

  1. During the cooling-off period, the consumer will 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.

  2. The consumer is only liable for the decrease in value of the product that is the result of handling the product beyond what is permitted in paragraph 1.

Article 8 - Exercise of the right of withdrawal and costs

  1. If the consumer makes use of their right of withdrawal, they must report this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.

  2. As soon as possible, but within 14 days from the day following the notification, the consumer sends the product back.

  3. The consumer bears the direct costs of returning the product.

Article 9 - Obligations of the entrepreneur in case of withdrawal

  1. The entrepreneur will reimburse all payments from the consumer, including any delivery costs charged for the returned product, within 14 days following the day on which the consumer reports the withdrawal.

  2. The entrepreneur uses the same means of payment for the reimbursement that the consumer used.

Article 10 - Exclusion of the right of withdrawal

The entrepreneur can exclude products from the right of withdrawal, such as:

  • Products manufactured according to consumer specifications (customized).

  • 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 (if the seal is broken).

Article 11 - The price

  1. During the period of validity mentioned in the offer, the prices of the products and/or services will not be increased, except for price changes resulting from changes in VAT rates.

  2. The prices mentioned in the offer are inclusive of VAT.

Article 12 - Compliance and extra warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, and the reasonable requirements of reliability and/or usability.

Article 13 - Delivery and execution

  1. The entrepreneur will carry out accepted orders with convenient speed but at the latest within 30 days, unless another delivery period has been agreed upon.

  2. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer.

Article 14 - Term transactions: duration, termination, and extension

The consumer can terminate an agreement entered into for an indefinite period at any time with a notice period of no more than one month.

Article 15 - Payment

Unless otherwise provided, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period.

Article 16 - Complaints procedure

Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.

Article 17 - Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.

Article 18 - Branch guarantee

Thuiswinkel.org guarantees the fulfillment of the binding advice of the Thuiswinkel Disputes Committee by its members, up to a maximum amount of €10,000 per binding advice.

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 recorded in writing.

Article 20 - Amendment of the terms and conditions

Changes to these terms and conditions are only effective after they have been published in an appropriate manner.

Annex I: Model withdrawal form

(Only complete and return this form if you wish to withdraw from the contract)

  • To: [Name of entrepreneur]

  • [Address of entrepreneur]

  • [E-mail address of entrepreneur]

I/We () hereby give notice that I/we () withdraw from my/our () contract of sale of the following products ()/provision of the following service (*):

  • Ordered on ()/received on ():

  • Name of consumer(s):

  • Address of consumer(s):

  • Signature of consumer(s) (only if this form is notified on paper):

  • Date:

(*) Delete as appropriate.