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General conditions

General conditions - Neutral Version

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 the associated costs

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

Article 10 - Exclusion of right of withdrawal

Article 11 - The price

Article 12 - Compliance and Additional Warranty

Article 13 - Delivery and performance

Article 14 - Transaction Durations: duration, cancellation and extension

Article 15 - Payment

Article 16 - Complaints procedure

Article 17 - Disputes

Article 18 – Industry Guarantee

Article 19 – Additional or deviating provisions

 

Article 1 - Definitions

In these conditions, the following definitions apply:

  1. Additional agreement : an agreement whereby 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 entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
  2. Cooling-off period : the period within which the consumer can exercise their right of withdrawal;
  3. Consumer : the natural person who does not act for purposes related to their trade, business, craft or profession;
  4. Day : calendar day;
  5. Digital content : data produced and delivered in digital form;
  6. Duration Agreement : an agreement that extends to the regular delivery of goods, services and/or digital content during a specific period;
  7. Durable data carrier : any tool - including e-mail - that enables the consumer or entrepreneur to store information that is 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 permits unaltered reproduction of the stored information;
  8. 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 offers products, (access to) digital content and/or services remotely to consumers;
  10. Distance contract : an agreement concluded between the entrepreneur and the consumer in the context of an organized system for distance selling of products, digital content and/or services, in which exclusive or joint use is made of up to and including the conclusion of the agreement and uses one or more techniques for remote communication;
  11. Model withdrawal form: the European model withdrawal form is included in Appendix I of these conditions. Appendix I does not have to be made available if the consumer has no right of withdrawal with regard to their order;
  12. Distance communication technology : means that it can be used to close an agreement without the consumer and entrepreneur having to meet in the same room at the same time.

 

Article 2 - Identity of the entrepreneur

Entrepreneur Name: Beachtime International BV/PDAGroup

Trading under the name(s): Beachtime International BV/PDAGroup

Business Address: Pieter Lieftinckweg 11

Physical Address: Pieter Lieftinckweg 11, Zaandam

Telephone Number: 075-6707075

Availability: Monday to Friday from 9:00 am to 5:00 pm

Email Address: [email protected]

Chamber of Commerce Number: 34218926

VAT identification number: NL809914803B01

 

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 how the general terms and conditions can be viewed before the distance contract is concluded and that, at the consumer's request, they will be sent free of charge as soon as possible.
  3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically in such a way that it can be read by the consumer and can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
  4. If specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly. The consumer can always choose the most favourable provision if terms and conditions conflict.

 

Article 4 - The offer

  1. If an offer is time-limited or subject to conditions, this will be expressly stated in the offer.
  2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these accurately represent the products, services and/or digital content offered. The entrepreneur is not bound by obvious mistakes or errors that may be found in the offer.
  3. Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer.

 

Article 5 - The agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded when the consumer accepts the offer and fulfils the conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. The consumer can terminate the agreement as long as the entrepreneur has not confirmed receipt of this acceptance.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. The entrepreneur will take appropriate security measures if the consumer can pay electronically.
  4. Within legal frameworks, the entrepreneur can inform themself whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. Based on this investigation, if the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request with reasons or attach special conditions to the execution.
  5. The entrepreneur will send the following information to the consumer at the latest upon delivery of the product, service or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
  6. the physical address of the entrepreneur's branch where the consumer can go with complaints;
  7. 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;
  8. the information about warranties and existing after-sales service;
  9. the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
  10. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
  11. if the consumer has a right of withdrawal, the model form for cancellation.
  12. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

 

Article 6 - Right of withdrawal

For products:

  1. During a cooling-off period of at least 14 days, the consumer can terminate an agreement to purchase a product without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal but may not require the consumer to state their reason(s).
  2. The cooling-off 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:
  • If the consumer has ordered multiple products in the same order, the date on which the consumer, or a third party designated by them, received the last product is the date on which the contract is concluded. The entrepreneur may refuse an order for multiple products with different delivery times provided they have clearly informed the consumer about this prior to the ordering process.
  • If the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;
  • in the case of agreements for regular delivery of products during a specific period: the day on which the consumer, or a third party designated by them, received the first product.

 

For services and digital content that is not supplied on a tangible medium:

  1. The consumer can terminate a service agreement and an agreement for the delivery of digital content that has not been delivered on a tangible medium within at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal but may not require the consumer to state their reason(s).
  2. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

 

Extended cooling-off period applies for products, services and digital content that are not delivered on a tangible medium if not informed about the right of withdrawal:

  1. If the entrepreneur does not provide the consumer with the legally required information about the right of withdrawal or the model cancellation form, the cooling-off period will expire twelve months after the end of the original cooling-off period, determined in accordance with the previous paragraphs of this article.
  2. If the entrepreneur provides the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original reflection period, the cooling-off period will expire 14 days after the day on which the consumer receives that information.

 

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

  1. During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine its nature, characteristics and operation. The basic principle here is that the consumer may only handle and inspect the product as they would in a store.
  2. The consumer is only liable for any reduction in the product's value as a result of handling the product beyond what is permitted in paragraph 1.
  3. The consumer is not liable for product depreciation if the entrepreneur has not provided them with all legally required information about the right of withdrawal before or at the time of concluding the agreement.

 

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

  1. If the consumer exercises the right of withdrawal, they must inform the entrepreneur within the cooling-off period using the model cancellation form or in some other unambiguous manner.
  2. 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 (an authorised representative of) the entrepreneur. This is unnecessary if the entrepreneur has offered to collect the product. In any case, the consumer has observed the return period if they return the product before the cooling-off period has expired.
  3. The consumer returns the product with all supplied accessories in its original condition and packaging if reasonably possible and in accordance with the entrepreneur's reasonable and clear instructions.
  4. The consumer bears the risk and burden of proof for correctly and timely exercising the right of withdrawal.
  5. The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that they will pay the costs, the consumer does not have to pay the costs for return.
  6. If the consumer cancels after first expressly requesting that the service be performed or that gas, water, or electricity not prepared for sale in a limited volume or specified quantity be supplied during the cooling-off period, the consumer owes the entrepreneur an amount proportional to the part of the obligation that the entrepreneur had already fulfilled at the time of cancellation, compared to the total fulfilment of the obligation.
  7. The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity that are not prepared for sale in a limited volume or quantity or for the supply of district heating if:
  8. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in case of withdrawal or the model form for cancellation, or;
  9. the consumer has not expressly requested the start of the performance of the service or delivery of gas, water, electricity or district heating during the cooling-off period.
  10. The consumer will not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium; if:
  11. prior to its delivery, they have not expressly agreed to commence the performance of the agreement before the end of the cooling-off period;
  12. they have not acknowledged that they lose their right of withdrawal when granting their consent; or
  13. the entrepreneur has failed to confirm this statement from the consumer.
  14. If the consumer exercises their right of withdrawal, all additional agreements will be automatically terminated.

 

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

  1. If the entrepreneur allows the consumer to notify of cancellation electronically, they will immediately send a confirmation of receipt after receiving this notification.
  2. The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged for the returned product, without delay but within 14 days following the day the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product personally, they may wait with reimbursement until they have received the product or until the consumer demonstrates that they have returned the product, whichever is earlier.
  3. The entrepreneur uses the same payment method for reimbursement that the consumer used unless the consumer agrees to a different method.  The refund is free of charge for the consumer.
  4. If the consumer has opted for a more expensive delivery method than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

 

Article 10 - Exclusion of right of withdrawal

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

  1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the cancellation period;
  2. Agreements concluded during a public auction. A public auction is defined as a sales method in which 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 supervision of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
  3. Service agreements, after full performance of the service, but only if:
  4. the performance has started with the express prior consent of the consumer; and
  5. the consumer has stated that they lose their right of withdrawal as soon as the entrepreneur has fully executed the agreement;
  6. Holiday packages as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements;
  7. Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, freight transport, car rental services and catering;
  8. Agreements relating to leisure activities, if the agreement provides for a specific date or period of execution;
  9. Products manufactured to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
  10. Products that spoil quickly or have a limited shelf life;
  11. 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;
  12. Products that, by their nature, are irreversibly mixed with other products after delivery;
  13. Alcoholic drinks whose price was agreed upon when concluding the agreement, but the delivery of which can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
  14. Sealed audio, video recordings and computer software, of which the seal has been broken after delivery;
  15. Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
  16. The supply of digital content other than on a tangible medium, but only if:
  17. the performance has started with the express prior consent of the consumer; and
  18. the consumer has stated that they thereby lose their right of withdrawal.

 

Article 11 - The price

  1. The prices of the products and/or services offered will not be increased during the period of validity stated in the offer, except for price changes due to changes in VAT rates.
  2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer.
  3. Price increases within three (3) months after the agreement's conclusion are only permitted if they result from legal regulations or provisions.
  4. Price increases from three (3) months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
  5. these are the result of legal regulations or provisions; or
  6. The consumer has the right to cancel the agreement, effective the day the price increase takes effect.
  7. The prices stated in the product or service offers include VAT.

 

Article 12 - Compliance with the agreement and additional warranty

  1. 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 purposes other than regular use.
  2. An additional guarantee provided by the entrepreneur, their supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfil their part of the agreement.
  3. An additional guarantee means any obligation of the entrepreneur, their supplier, importer or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to do in the event that they have failed to fulfil their part of the agreement.

 

Article 13 - Delivery and performance

  1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has communicated to the entrepreneur.
  3. Taking into account what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but no later than within 30 days unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
  4. After dissolution, in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
  5. 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 14 - Transaction Durations: duration, cancellation and extension

Termination:

  1. 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 agreed termination rules and a notice period of no more than one month.
  2. The consumer can terminate an agreement that has been entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed duration, taking into account the agreed termination rules and a notice period of no more than one month.
  3. The consumer can terminate the agreements referred to in the previous paragraphs:
    • cancel at any time and not be limited to cancellation at a specific time or in a certain period;
    • at least cancel in the same manner as they entered into the agreements;
    • always cancel with the same notice period as the entrepreneur has agreed for themselves.

Extension:

  1. An agreement that has been entered into for a specific period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific period.
  2. Notwithstanding the previous paragraph, an agreement that has been entered into for a fixed period and that extends to the regular delivery of daily newspapers, weekly newspapers, and magazines may be tacitly extended for a fixed period of up to three months if the consumer can cancel this extended agreement towards the end of the extension with a notice period of no more than one month.
  3. 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 extended for an indefinite period if the consumer may cancel 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 extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
  4. A limited-term agreement for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued. It ends automatically after the trial or introductory period.

Duration:

  1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month unless reasonableness and fairness oppose termination before the end of the agreed duration.

 

Article 15 - Payment

  1. Unless otherwise stated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period or, in the absence of a cooling-off period, within 14 days after concluding the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
  2. When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
  3. The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
  4. If the consumer does not fulfil their payment obligation(s) in a timely manner after the entrepreneur has informed the consumer of the late payment and the entrepreneur has granted the consumer a period of 14 days to meet their payment obligations, then there is statutory interest owed on the amount still due, and the entrepreneur is entitled to charge the extrajudicial collection costs they have 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 next €5,000 with a minimum of €40. The entrepreneur may deviate from the stated amounts and percentages for the consumer's benefit.

 

Article 16 - Complaints procedure

  1. The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted and fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
  4. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement procedure.

 

Article 17 - Disputes

  1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply is exclusively governed by Dutch law.

 

Article 18 – Industry Guarantee

  1. Thuiswinkel.org guarantees compliance with the binding advice of the Thuiswinkel Disputes Committee by its members unless the member decides to submit the binding advice to the General Terms and Conditions court for review within two months after its dispatch. This guarantee is revived if the binding advice has been upheld after review by the court and the judgement showing this has become final. Up to a maximum amount of €10,000 per binding advice, this amount will be paid out to the consumer by Thuiswinkel.org. For amounts greater than €10,000 per binding advice, €10,000 will be paid out. For more significant sums, Thuiswinkel.org has a best efforts obligation to ensure that the member complies with the binding advice.
  2. To apply this guarantee, the consumer is required to make a written appeal to Thuiswinkel.org and transfer their claim against the entrepreneur to Thuiswinkel.org. If the claim against the entrepreneur amounts to more than €10,000, the consumer is offered to transfer his claim to Thuiswinkel.org insofar as it exceeds the amount of €10,000, after which this organisation will legally request payment thereof in its own name and costs in order to satisfy the consumer.

 

Article 19 - Additional or deviating provisions

 Additional or deviating provisions from these general terms and conditions may not be to the consumer's detriment. They must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.