Terms & Conditions

Terms & Conditions

General

These General Terms and Conditions of the Nederlandsche Thuiswinkel Organisatie have been drawn up in consultation with the Consumers' Association within the framework of the Self-Regulation Consultation Coordination Group (CZ) of the Social and Economic Council and will enter into force on 1 January 2011.

Article 1 - Definitions

For the purposes of these terms and conditions, the following definitions apply:

  1. Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
  2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
  3. Day: calendar day; for which the delivery and/or purchase obligation is spread over time;
  4. Durable medium: any means that enables the consumer or trader to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the information stored;
  5. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
  6. Entrepreneur: the natural or legal person who is a member of the Nederlandse Thuiswinkel Organisatie and offers products and/or services to consumers at a distance;
  7. Distance contract: an agreement in which, within the framework of a system for distance selling of products and/or services organised by the entrepreneur, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
  8. Distance communication technology: means that can be used to conclude a contract without the consumer and entrepreneur having come together in the same room at the same time;

Article 2 - Identity of the entrepreneur

High Class Collection.
Vestigingsadres:
Beatrix Building-2F/620
Jaarbeurs.
3503VB. UtrechtVisiting:
Ditto
Phone number-010-4490036

Availability: Monday's 10; 00 to 16; 00 hours (or after appointment)
E-mail address: info@highclasscollection.com
Chamber of Commerce number:24285038
VAT identification number: NL 225536584.B01

Article 3 - Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement concluded between entrepreneur and consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.
  3. By way of derogation from the previous paragraph and before the distance contract is concluded, if the distance contract is concluded by electronic means, the text of these general terms and conditions may be made available to the consumer by electronic means in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be taken cognizance of electronically and that they will be sent free of charge at the consumer's request by electronic means or by other means.
  4. In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to him.

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 complete and accurate description of the products offered and/or The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
  3. Each offer shall contain information in such a way that it is clear to the consumer what the rights and obligations are attached to the acceptance of the offer. This concerns in particular:
    • the price including taxes;
    • the possible costs of delivery;
    • the manner in which the agreement will be concluded and what actions are required for this;
    • whether or not the right of withdrawal applies;
    • the method of payment, delivery or execution of the agreement;
    • the period for acceptance of the offer, or the period for the price to be respected;
    • the level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic tariff;
    • if the agreement is archived after it has been concluded, how it can be consulted by the consumer;
    • the way in which the consumer can become aware of actions he does not want before the conclusion of the contract, and the way in which he can rectify them before the contract is concluded;
    • the possible languages in which, in addition to Dutch, the agreement can be concluded;
    • the codes of conduct to which the trader has submitted and the way in which the consumer can consult these codes of conduct electronically;
    • the minimum duration of the distance contract in the case of a long-term transaction.

Article 5 - The Agreement

  1. De subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and the fulfilment of the conditions set thereby.
  2. If the consumer has accepted the offer by electronic means, the trader shall immediately 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 can dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will do so Observe appropriate security measures.
  4. De entrepreneur can – within legal frameworks – find out whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled, stating reasons, to refuse an order or request or to attach special conditions to the performance.
  5. De entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
    • the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
    • the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    • the information about warranties and existing after-sales service;
    • the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
    • the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration;

Article 6 - Right of withdrawal upon delivery of products

  1. When purchasing products, the consumer has the option to dissolve the contract without giving reasons for a period of 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a person designated in advance by the consumer and known to the entrepreneur representative.
  2. During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to be able to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and - if reasonably possible - in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur

Article 7 - Costs in case of withdrawal

  1. If the consumer makes use of his right of withdrawal, he shall be responsible for the costs of return at most.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.

Article 8 - Exclusion of the right of withdrawal

  1. De entrepreneur may exclude the consumer's right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
    • which have been established by the entrepreneur in accordance with the specifications of the consumer;
    • which are clearly personal in nature;
    • which, by their nature, cannot be returned;
    • the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;

Article 9 - The price

  1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except in the event of price changes due to changes in VAT rates.
  2. By way of derogation from the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence at variable prices. This fact that there are fluctuations and the fact that any prices quoted are indicative prices are indicated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or regulations.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
    1. they are the result of legal regulations or provisions; or
    2. the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
  5. De prices mentioned in the offer of products or services include VAT.

Article 10 - Conformity and Warranty

  1. De 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 legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the trader, manufacturer or importer shall not affect the legal rights and claims that the consumer may assert against the trader on the basis of the agreement.

Article 11 - Delivery and execution

  1. De entrepreneur will exercise the greatest possible care in the receipt and execution of orders for products and in the assessment of requests for the provision of services.
  2. The place of delivery shall be the address which the consumer has made known to the business.
  3. Subject to what is stated in this regard in article 4 of these general terms and conditions, the company will execute accepted orders with due diligence but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially executed, the consumer will be notified no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
  4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
  5. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are at the expense of the entrepreneur.
  6. 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 explicitly agreed otherwise.

Article 12 - Duurtransacties

  1. De consumer may terminate an agreement that has been entered into for an indefinite period of time at any time, subject to the agreed termination rules and a notice period of no more than one month.
  2. A fixed-term contract shall have a maximum term of two years. If it has been agreed that in the event of silence on the part of the consumer, the distance contract will be extended, the agreement will be continued as an agreement for an indefinite period of time and the notice period after continuation of the agreement will be a maximum of one month.

Article 13 - Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period as referred to in Article 6(1). In the case of a contract for the provision of a service, this period starts after the consumer has received the confirmation of the contract.
  2. When selling products to consumers, an advance payment of more than 50% may never be stipulated in general terms and conditions. If advance payment has been stipulated, the consumer cannot assert any right regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
  3. De consumer has the duty to report any inaccuracies in the payment details provided or mentioned to the entrepreneur without delay.
  4. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure

  1. 1.De entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. 2.Complaints about the performance of the contract must be submitted to the entrepreneur within a reasonable time, complete and clearly defined manner, after the consumer has noticed the defects.
  3. 3. Complaints submitted to the entrepreneur shall 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 the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
  4. 4.A complaint about a product, service or the service of the entrepreneur can also be submitted via a complaint form on the consumer page of the website of the Nederlandse Thuiswinkel Organisatie.
  5. 5. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.

Article 15 - Disputes

  1. Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
  2. If the entrepreneur wishes to do so, the consumer must state in writing within five weeks after a written request made by the entrepreneur whether he wishes to do so or whether he wishes to have the dispute handled by the competent court. If the entrepreneur does not learn of the consumer's choice within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent court.
  3. De Disputes Committee will make a decision under the conditions as laid down in the regulations of the Disputes Committee. The decisions of the Disputes Committee are made by way of binding advice.
  4. De Disputes Committee will not handle a dispute or discontinue the handling if the entrepreneur has been granted a moratorium, has become bankrupt or has actually terminated its business activities, before a dispute has been dealt with by the Committee at the hearing and a final decision has been rendered.
  5. If, in addition to the Thuiswinkel Disputes Committee, another person is recognised by the Foundation for Consumer Disputes Committees (SGC) or the Financial Services Complaints Institute,

Article 16 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 or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier