Terms and Conditions

Below you will find our general terms and conditions. These general terms and conditions have been drawn up after consultation between Thuiswinkel.org and the Consumers' Association, under the watchful eye of the Social Economic Council (SER).

If you have any questions after reading these general terms and conditions, please contact us. We are happy to explain what we mean.

Definitions

Reflection period: The time during which the consumer can exercise his/her right of withdrawal.
Day:Calendar day
Consumer: The natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.
Entrepreneur: The natural or legal person who offers products and/or services remotely to consumers.
Right of withdrawal: The option for the consumer to cancel the distance contract within the cooling-off period.
Distance agreement: An agreement in which, in the context of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made until the conclusion of the agreement of one or more techniques for remote communication.

Identity of the entrepreneur

Green Tree Candle Company

Address details:
Elandstraat
3064 AG
Rotterdam
0031-(0)10-4518186
[email protected]

Chamber of Commerce Number: [71360301]
VAT Number: [COMPLETE]

Applicability

These general terms and conditions apply to every offer from 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 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 can be made available to the consumer electronically in such a way that it can be read by the consumer can be easily stored on a durable data carrier.
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 apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that applies to him. is the most favorable.

The offer

If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
The offer contains a complete and accurate description of the products 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 are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer. This concerns in particular:

the price includes 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 and execution of the agreement;
the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
whether the agreement is archived after its conclusion, and if so, how it can be consulted by the consumer;
the way in which the consumer, before concluding the agreement, can check and, if desired, restore the data provided by him in the context of the agreement

The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
If the agreement is concluded electronically, the entrepreneur will 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 entrepreneur will take appropriate security measures.
The entrepreneur can - within legal frameworks - inform himself 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, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
The 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 branch 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 conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.

Right of withdrawal

The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige him to state his reason(s).
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 day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with different delivery times.
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 certain period: the day on which the consumer, or a third party designated by him, received the first product.

Obligation of the consumer during the reflection period

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

Costs in case of withdrawal

If the consumer exercises his right of withdrawal, a maximum of the costs of return will be borne by him.
If a consumer exercises his right of withdrawal, but does not return the entire order, he will be responsible for both the shipping costs (if any) and the costs of return
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 cancellation.

Exclusion of right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal to the extent provided in paragraph 2. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:

that have been created by the entrepreneur in accordance with the consumer's specifications;
that are clearly personal in nature;
that cannot be returned due to their nature;

The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
If a price is mistakenly stated incorrectly on the entrepreneur's site and this has been communicated to the consumer in writing by the entrepreneur, the consumer has the right to cancel the order or have the order executed at the correct price.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
The prices stated in the range of products include VAT.

Warranty provisions

The entrepreneur guarantees that the delivered products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement .
The warranty can only be invoked by the first owner of the product in question.
The warranty is not transferable.
The guarantee provided by the entrepreneur on the basis of these conditions does not affect the possibility to hold the entrepreneur liable on the basis of the normal legal provisions of the Civil Code.

Warranty period

Products are guaranteed for 2 years against construction and/or material defects, unless otherwise stated by the manufacturer.

Scope of warranty

During the warranty period, all parts for which the entrepreneur has determined that there is a material and/or construction defect will be repaired or replaced at the entrepreneur's discretion.
If a specific part qualifies for warranty and the original is no longer available, the entrepreneur will provide a at least equivalent alternative.

Submit warranty

Claims under warranty must be presented to the entrepreneur for inspection, with presentation of the product in question and a valid proof of purchase. Costs incurred by third parties will not be reimbursed by the entrepreneur.

Liability guarantee

A warranty claim honored by the entrepreneur does not mean that the entrepreneur also accepts liability for any damage suffered. The liability of the entrepreneur never extends further than described in these conditions. Any liability of the entrepreneur for consequential damage is expressly excluded.

Warranty exclusions

No warranty is given on parts that are subject to wear, such as tires, chains, chainrings, cassettes, bodies, cables and brake pads, unless there are construction and/or material defects.
The warranty becomes void in the following cases:

Incorrect and/or careless use of the product and use that is not in accordance with its intended use;
The product has not been maintained in accordance with the instructions prescribed by the manufacturer;
Technical repairs were not carried out in a professional manner;
Afterwards installed parts do not correspond to the technical specification of the product in question or have been installed incorrectly;

Delivery and execution

The entrepreneur will exercise the utmost care when receiving and executing orders for products.
The place of delivery is the address that the consumer has provided to the company.
With due observance of what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, 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 fulfilled, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs.
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.
If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. No later than upon delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are borne by the entrepreneur.
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.

Payment

Payment must be made upon delivery. At the request of the consumer or entrepreneur, payment can also be made in advance via iDEAL or by bank.
The consumer has the obligation to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.

Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
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 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 settlement procedure.

Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
All disputes between parties will be submitted exclusively to the competent court in the Netherlands.

Force majeure

Without prejudice to any other rights to which it is entitled, in the event of force majeure, the entrepreneur has the right, at his own discretion, to suspend the execution of your order or to terminate the agreement without judicial intervention, by notifying you in writing. without the entrepreneur being obliged to pay any compensation, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.
Force majeure means any shortcoming that cannot be attributed to the entrepreneur, because it is not due to its fault and is not its responsibility under the law, legal act or generally accepted views.

Disclaimer

Although the utmost care has been taken in compiling this website, the accuracy or completeness of the information cannot be guaranteed. The entrepreneur is therefore not liable for the consequences of activities undertaken on the basis of this website.