General conditions

General Terms and Conditions Disposable Group B.V.

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 execution
Article 12 – Duration transactions: duration, termination and renewal
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or different provisions

 

Article 1 – Definitions

In these terms and conditions, the following definitions shall apply:

1. Grace period: The period within which the Customer can exercise his right of withdrawal;
2. Customer: The natural person acting in the exercise of profession or business who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
5. Durable medium: any means that enables the Customer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: The possibility for the Customer to waive the distance contract within the withdrawal period;
7. Model form: the model withdrawal form made available by the entrepreneur that a Customer can fill in when he wants to exercise his right of withdrawal.
8. Entrepreneur: The natural or legal person offering products and/or services to Customers at a distance;
9. Distance contract: an agreement in which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
10. Technique for distance communication: means that can be used for concluding an agreement, without the Customer and entrepreneur having come together in the same room at the same time.
11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

 

Article 2 – Identity of the entrepreneur

Disposable Group B.V.

Archangelkade 17b
1013 BE Amsterdam
The Netherlands

VAT NL861391226B01
KVK 78428947
IBAN NL18 ABNA 0487 2096 05

 

Article 3 – Applicability.

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order established between entrepreneur and Customer.
2. Before the remote agreement is concluded, the text of these general terms and conditions shall be made available to the Customer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur’s premises and they will be sent free of charge as soon as possible at the Customer’s request.
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 may be made available to the Customer electronically in such a way that it can be easily stored by the Customer on a durable data carrier. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the Customer’s request.
4. In the event that specific product or service terms apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the Customer may always rely on the applicable provision that is most favorable to him.
5. If one or more provisions in these general conditions are at any time wholly or partially void or annulled, the agreement and these conditions shall remain in force for the rest and the provision in question shall be replaced by mutual agreement without delay by a provision that approximates the purport of the original as closely as possible.
6. Situations not covered by these general terms and conditions should be judged “in the spirit” of these general terms and conditions.
7. Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted “in the spirit” of these terms and conditions.

 

Article 4 – The offer

1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
3. 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 Customer. 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 do not bind the entrepreneur.
4. All images, specifications data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
5. Images accompanying products are a true representation of the products offered. Operator cannot guarantee that the colors displayed will exactly match the true colors of the products.
6. Each offer contains such information that it is clear to the Customer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:

• • price including and excluding taxes;

• • the cost of shipping, if any;

• • The manner in which the agreement will be established and what actions are required for that purpose;

• • Whether or not the right of withdrawal applies;

• • the method of payment, delivery and performance of the agreement;

• • the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;

• • the amount of the rate for distance communication if the cost of using the technique for distance communication is calculated on a basis other than the regular basic rate for the means of communication used;

• • Whether the agreement is archived after its conclusion, and if so in what way it can be accessed by the Customer;

• • The manner in which the Customer, prior to the conclusion of the agreement, can check and, if desired, rectify the data provided by him under the agreement;

• • any other languages in which, in addition to Dutch, the agreement may be concluded;

• • the codes of conduct to which the Entrepreneur has submitted and the manner in which the Customer can consult these codes of conduct electronically; and

• • the minimum duration of the distance contract in the case of an endurance transaction.

 

Article 5 – The Agreement

1. Subject to the provisions of paragraph 4, the agreement comes into effect at the time of acceptance by the Customer of the offer and the fulfillment of the conditions set forth therein.
2. If the Customer has accepted the offer electronically, the Entrepreneur shall immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the Customer may dissolve the agreement.
3. If the agreement is established electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the Customer can pay electronically, the Entrepreneur will observe appropriate security measures for this purpose.
4. The entrepreneur can – within legal frameworks – inform himself whether the Customer 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 grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
5. The Entrepreneur shall include with the product or service to the Customer the following information, in writing or in such a way that it can be stored by the Customer in an accessible manner on a durable data carrier:

1. The visiting address of the entrepreneur’s branch where the Customer can address complaints;
2. the conditions under which and the manner in which the Customer may exercise the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
3. the information on warranties and existing after-purchase service;
4. the data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the Customer before the execution of the agreement;
5. the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.

1. In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.
2. Each agreement is entered into under the conditions precedent of sufficient availability of the products in question.

 

Article 6 – Right of withdrawal

On delivery of products:

1. When purchasing products, the Customer has the option of dissolving the agreement without giving reasons for 14 days. This cooling-off period starts on the day after receipt of the product by the Customer or a representative previously designated by the Customer and made known to the entrepreneur.
2. During the reflection period, the Customer will handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the Customer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days, after receiving the product. Notification must be made by the Customer using the model form. After the Customer has expressed his wish to exercise his right of withdrawal, the Customer must return the product within 14 days. The Customer must prove that the delivered items were returned in a timely manner, for example by means of proof of shipment.
4. If the customer has not made known after the expiration of the periods mentioned in paragraphs 2 and 3 that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

When providing services:

1. In the case of delivery of services, the Customer has the option to dissolve the agreement without giving reasons for at least 14 days, starting from the day of entering into the agreement.
2. To make use of his right of withdrawal, the Customer shall comply with the reasonable and clear instructions provided by the entrepreneur in this regard at the time of the offer and/or at the latest on delivery.

 

Article 7 – Costs in case of withdrawal

1. If the Customer exercises his right of withdrawal, at most the costs of return shipment shall be borne by him.
2. If the Customer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after revocation. This is subject to the condition that the product has already been received back by the merchant or conclusive evidence of complete return can be provided.

 

Article 8 – Exclusion of the right of withdrawal.

1. The Entrepreneur may exclude the Customer’s right of withdrawal for products 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, at least in time for the conclusion of the contract.
2. Exclusion of the right of withdrawal is only possible for products:

1. which have been brought about by the entrepreneur in accordance with the Customer’s specifications;
2. that are clearly personal in nature;
3. which by their nature cannot be returned;
4. that can spoil or age quickly;
5. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
6. For single newspapers and magazines;
7. for audio and video recordings and computer software for which the Customer has broken the seal.
8. For hygienic products for which the Customer has broken the seal.

1. Exclusion of the right of withdrawal is only possible for services:

1. concerning lodging, transportation, restaurant business or leisure activities to be performed on a specific date or during a specific period;
2. The delivery of which began with the Customer’s express consent before the expiration of the cooling-off period;
3. Regarding betting and lotteries.

 

Article 9 – The price

1. During the validity period stated 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.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no control, with variable prices. This bond to fluctuations and the fact that any prices quoted are target prices are stated with the offer.
3. Price increases within 3 months of the conclusion of the agreement are permitted only if they result from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:

1. they are the result of statutory regulations or provisions; or
2. the Customer is authorized to terminate the agreement as of the day on which the price increase takes effect.

1. The prices mentioned in the offer of products or services include VAT.
2. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

 

Article 10 – Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations 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 warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the Customer can assert against the entrepreneur under the agreement.
3. Any defective or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.
4. The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the Customer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:

• • The Customer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;

• • The delivered products are exposed to abnormal conditions or otherwise carelessly treated or contrary to the instructions of the entrepreneur and / or on the packaging have been treated;

• • The inadequacy results in whole or in part from regulations that the government has made or will make regarding the nature or quality of the materials used.

 

Article 11 – Delivery and execution

1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the Customer has made known to the company.
3. Subject to what has been stated in paragraph 4 of this article, the Company will execute accepted orders expeditiously but at the latest within 30 days, unless Customer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only be partially fulfilled, the Customer will be notified no later than 30 days after the order was placed. In this case, the Customer has the right to rescind the contract without charge. The Customer is not entitled to compensation.
4. All delivery dates are indicative. The Customer cannot derive any rights from any time limits mentioned. Exceeding a deadline does not entitle the Customer to compensation.
5. In case of dissolution in accordance with the paragraph 3 of this article, the entrepreneur will refund the amount paid by the Customer as soon as possible, but at the latest within 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. At the latest upon delivery, clear and understandable notice will be given that a replacement item is being delivered. Replacement items cannot exclude the right of withdrawal. The cost of any return shipment shall be borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the Customer or a representative designated in advance and made known to the entrepreneur, unless otherwise expressly agreed.

 

Article 12 – Duration transactions: duration, termination and renewal

Termination

1. The Customer may terminate an agreement that has been entered into for an indefinite period of time and that extends to the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period not exceeding one month.
2. The Customer may terminate an agreement that has been entered into for a definite term and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the definite term with due observance of termination rules agreed for that purpose and a notice period not exceeding one month.
3. The Customer may enter into the agreements mentioned in the previous paragraphs:

• • cancel at any time and not be limited to cancellation at a particular time or period;

• • terminate at least in the same manner as they were entered into by him;

• • always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension

1. A contract entered into for a definite period of time, which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time.
2. Notwithstanding the previous paragraph, a fixed-term contract that has been entered into for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the Customer may terminate this renewed contract by the end of the renewal with a notice period not exceeding one month.
3. A contract entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the Customer may terminate it at any time with a notice period of no more than one month and a notice period of no more than three months in case the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
4. A limited duration agreement to regularly deliver daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

1. If an agreement has a duration of more than one year, after one year the Customer may terminate the agreement at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

 

Article 13 – Payment

1. Unless otherwise agreed, the amounts owed by the Customer must be paid within 7 working days after the start of the reflection period referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period commences after the Customer receives confirmation of the agreement.
2. The Customer has the duty to immediately report inaccuracies in payment information provided or stated to the entrepreneur.
3. In case of non-payment by the Customer, subject to legal restrictions, the Entrepreneur has the right to charge the reasonable costs made known to the Customer in advance.

 

Article 14 – Complaints procedure

1. The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the Customer has found 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 operator will respond within the 14-day period with a notice of receipt and an indication of when the Customer can expect a more detailed response.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is amenable to dispute resolution.
5. In case of complaints, a Customer should first turn to the entrepreneur. For complaints that cannot be resolved by mutual agreement, the Customer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), it will mediate free of charge. If there is still no solution, the Customer has the option of having his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision is binding and both entrepreneur and Customer agree to this binding decision. There are costs associated with submitting a dispute to this dispute committee, which must be paid by the Customer to the relevant committee. It is also possible to file complaints via the European ODR platform (
   http://ec.europa.eu/odr
   ).
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

 

Article 15 – Disputes

1. Contracts between the entrepreneur and the Customer to which these general terms and conditions relate are exclusively governed by Dutch law. Even if the Customer is resident abroad.
2. The Vienna Sales Convention does not apply.

 

Article 16 – Additional or different provisions

Additional or different provisions from these general terms and conditions may not be to the detriment of the Customer and must be recorded in writing or in such a way that they can be stored by the Customer in an accessible manner on a durable data carrier.