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 – Costs in Case of Withdrawal
Article 8 – Exclusion of the Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Performance
Article 12 – Long-Term Transactions: Duration, Termination, and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Deviating Provisions
Article 1 – Definitions
In these terms and conditions, the following terms are understood to mean:
- Cooling-off Period: the period during which the consumer can make use of their right of withdrawal;
- Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
- Day: calendar day;
- Long-Term Transaction: a distance contract related to a series of products and/or services, of which the obligation to deliver and/or purchase is spread over time;
- Durable Data Carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to them in a way that allows for future reference and unaltered reproduction of the stored information;
- Right of Withdrawal: the consumer’s ability to withdraw from the distance contract during the cooling-off period;
- Model Withdrawal Form: the model withdrawal form made available by the entrepreneur, which the consumer can use if they wish to exercise their right of withdrawal.
- Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
- Distance Contract: a contract concluded between the entrepreneur and the consumer as part of an organized system for selling products and/or services remotely, where exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;
- Means of Distance Communication: a medium that can be used to conclude a contract without the consumer and entrepreneur being physically present in the same place at the same time.
- General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
Wright Tea
Schouwburgplein 35
3012 CL Rotterdam
Phone Number: 088 240 8828
Email Address: info@wrighttea.eu
Chamber of Commerce Number: 86069519
VAT Identification Number: NL863851162B01
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, it will be indicated before the distance contract is concluded where the general terms and conditions can be inspected and that they will be sent free of charge at the consumer’s request as soon as possible.
- If the distance contract is concluded electronically, in deviation from 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 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 free of charge electronically or in some other way at the consumer’s request.
- In the event that, in addition to these general terms and conditions, specific product or service conditions are also applicable, the second and third paragraphs apply by analogy, and the consumer can always invoke the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.
- If one or more provisions in these general terms and conditions are entirely or partially void or are nullified at any time, the agreement and these conditions will remain in force and the relevant provision will be replaced by mutual agreement as closely as possible.
- Situations that are not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
- Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be explained ‘in the spirit’ of these general terms and conditions.
Article 4 – The Offer
- If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
- The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
- All images, specifications, data in the offer are indicative and cannot be a basis for damages or dissolution of the agreement.
- Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
- Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- the possible shipping costs;
- the way in which the agreement will be concluded and which actions are necessary for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery, and execution of the agreement;
- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the used communication means;
- whether the contract is archived after it is concluded, and if so, how it can be accessed by the consumer;
- how the consumer, before concluding the contract, can check the data provided by them in the context of the contract and, if desired, correct it;
- any languages other than Dutch in which the contract can be concluded, in addition to Dutch;
- the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the case of a long-term transaction.
Article 5 – The Agreement
- The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed this acceptance, the consumer can dissolve 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 for that purpose.
- The entrepreneur can – within legal limits – inquire 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. If, based on this investigation, the entrepreneur has good reason not to enter into the agreement, they are entitled to refuse an order or request with specific conditions.
- The entrepreneur will include the following information with the product or service to the consumer, either in writing or in a way that can be easily stored by the consumer on a durable data carrier:
- the visiting address of the entrepreneur’s establishment where the consumer can address 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;
- information about warranties and existing after-sales service;
- the information referred to 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 agreement if the agreement has a duration of more than one year or is indefinite.
- In the case of a long-term transaction, the provision in the preceding paragraph only applies to the first delivery.
- Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
- In the purchase of products, the consumer has the option to dissolve the agreement without giving any reason for a period of 14 days. This cooling-off period starts on the day following the receipt of the product by the consumer or a pre-designated representative made known to the entrepreneur.
- 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 assess whether they wish to keep the product. If they wish to exercise their right of withdrawal, they will return the product to the entrepreneur with all delivered accessories and, if reasonably possible, in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
- If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product, using the model withdrawal form or another means of communication, such as email. After the consumer has indicated they wish to exercise their right of withdrawal, the product must be returned by the customer within 14 days. The consumer must prove that the goods have been returned on time, for example, by providing proof of shipment.
- If the customer has not indicated their intention to exercise their right of withdrawal, or if they have not returned the product to the entrepreneur after the expiry of the periods specified in paragraphs 2 and 3, the purchase is considered final.
Article 7 – Costs in Case of Withdrawal
- If the consumer exercises their right of withdrawal, the maximum cost of returning the goods will be borne by the consumer.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. The condition is that the product has already been received by the online retailer or that conclusive evidence of complete return can be provided. The refund will be made using the same payment method used by the consumer, unless the consumer explicitly agrees to another payment method.
- If the product is damaged due to careless handling by the consumer, the consumer is liable for any reduction in value of the product.
- The consumer cannot be held liable for any reduction in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before the conclusion of the purchase agreement.
Article 8 – Exclusion of the Right of Withdrawal
- The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer or at least in a timely manner before the conclusion of 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;
- are clearly of a personal nature;
- cannot be returned due to their nature;
- are perishable or aging quickly;
- whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence;
- for loose newspapers and magazines;
- for audio and video recordings and computer software where the consumer has broken the seal;
- for hygienic products where the consumer has broken the seal.
Article 9 – The Price
- During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
- Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence. The fact that these prices are target prices due to market fluctuations is stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
- they result from legal regulations or provisions; or
- the consumer has the authority to terminate the agreement on the day the price increase takes effect.
- The prices stated in the offer of products or services include VAT.
- All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and 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 legal provisions and/or government regulations that exist 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.
- A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.
- The statutory warranty applies to all products. The duration of the statutory warranty may vary depending on the nature of the product.
- Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after discovery.
- The warranty does not apply if:
- the consumer has repaired or altered the delivered products themselves or had them repaired or altered by third parties;
- the delivered products have been exposed to abnormal conditions or handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
- the defect is wholly or partly the result of regulations prescribed or set by the government regarding the nature or quality of the materials used.
Article 11 – Delivery and Performance
- The entrepreneur will take the greatest possible care when receiving orders for products and when assessing requests for the provision of services.
- The consumer’s address as provided to the company is considered the place of delivery.
- Subject to the provisions of paragraph 4 of this article, the company will fulfill 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 filled or can only be partially filled, the consumer will be informed about this no later than 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement at no cost. The consumer has no right to compensation.
- All delivery periods are indicative. The consumer cannot derive any rights from any specified deadlines. Exceeding a deadline does not entitle the consumer to compensation.
- In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible but no later than within 14 days after dissolution.
- If it is impossible to deliver a product that has been ordered, the entrepreneur will make an effort to provide a replacement. It will be reported in a clear and comprehensible manner at the latest upon delivery 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 for the account of 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 designated representative made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the commencement of the cooling-off period referred to in Article 6(1). In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
- The consumer has the obligation to report any inaccuracies in provided or stated payment details to the entrepreneur without delay.
- In the event of non-payment by the consumer, subject to statutory restrictions, the entrepreneur has the right to charge the consumer for the reasonable costs previously communicated.
Article 13 – Complaints Procedure
- The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months 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 foreseeable longer processing time, the entrepreneur will reply within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed reply.
- If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
- It is possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
- A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
- If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will choose to replace or repair the delivered products free of charge.
Article 14 – Disputes
- Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are subject exclusively to Dutch law, even if the consumer resides abroad.
- The Vienna Sales Convention does not apply.
Article 15 – Additional or Deviating Provisions
Additional or deviating provisions 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 on a durable data carrier in an accessible manner.