Article 1 – Definitions
In these Terms and Conditions the following definitions shall apply:
- Grace period: The period within which the Customer can exercise the right of withdrawal;
- Customer: The natural person not acting in pursuance of a profession or company, and entering into a distance agreement with the Owner;
- Day: Calendar day;
- Transaction duration: A distance agreement on a range of products and services, of which the obligation to supply and/or purchase is spread over time;
- Durable medium: Any carrier that capacitates the Customer or the Owner to store information that is directed to them personally in such a way that it ensures future consultation and unaltered reproduction of the stored information;
- A right of withdrawal: The possibility for the Consumer to cancel the agreement distantly within the grace period;
- Owner: The natural person or legal entity that distantly offers products and/or services to Customers;
- Distance agreement: An agreement in which one or more means of distance communication are used in the context of a distance selling system organized by the Owner for the sale of products and/or services until the conclusion of the agreement;
- Technology for distance communication: A means that can be used to conclude an agreement without the Customer and Owner assembling in the same room.
Article 2 – Identity of the Owner
Company: Hang Eleven B.V.
Address: Huidenstraat 19, 1016 ER Amsterdam
Phone number: +31 6 54787266
Email address: [email protected]
If the Owner’s activities are subject to a proper licensing regime: information about the supervising authority:
If the Owner has a regulated profession:
- The professional association or organization with which he is affiliated;
- The title of his profession, and the place in the European Union or the European Economic Area where it is awarded;
- A reference to the professional regulations applicable in the Netherlands and instructions where and how these professional regulations can be accessed.
Article 3 – Applicability
- These General Terms and Conditions apply to every offer of the Owner and any agreement concluded at a distance between the Owner and the Customer.
- Before the distance selling agreement is concluded, the content of these General Terms and Conditions will be made available to the Customer. Should this not be reasonably possible before the distance selling agreement is concluded, the Owner will indicate that the Customer may both inspect the Terms and Conditions at the Owner’s premises and request them to be sent to him as soon as possible and free of charge.
- If the distance agreement is to be concluded electronically, in contravention of the preceding section and before the distance agreement is concluded, the content of these Terms and Conditions will be made available electronically to the Customer in such a way that they can be easily stored on a durable medium by the Customer. Should this not be reasonably possible before the distance selling agreement is concluded, the Owner will indicate both where the Terms and Conditions can be inspected electronically by the Customer, and also that the Customer can request them to be electronically sent to them or otherwise, free of charge.
- In the event that apart from these Terms and Conditions, specific product or service terms and conditions also apply, the second and third sections shall apply in accordance. Consequently, in the event of conflicting terms and conditions, the Customer may always claim the applicable condition that is most favorable to him.
Article 4 – The Offer
- If an offer has a limited duration or is subject to particular terms and conditions, this will be explicitly stated in the offer.
- The offer includes a complete and accurate description of the products and/or services that are offered. The description is sufficiently detailed to allow a proper assessment of the offer by the Customer. If the Owner chooses to make use of images, those images will be an accurate reproduction of the products and/or services offered initially. Apparent mistakes or errors in the offer are not binding.
- Each offer contains such information that it unequivocally explains the Customer’s rights and obligations which are attached to accepting the offer. In particular, this concerns:
- The price including taxes.
- Any costs of delivery.
- How the agreement will be achieved and what actions they require.
- Whether or not the Right of withdrawal will apply.
- The method of payment, delivery, and performance of the agreement.
- The deadline for accepting the offer, or the deadline for adhering to the price.
- The height of the tariff for distance communication, if the costs of using the technique for
- Whether the agreement will be stored after conclusion, and if so, how the Customer will be able
- How the Customer will be able to verify the information given to him under the agreement before
- Apart from Dutch, any other languages in which the agreement can be concluded.
- The rules of conduct to which the Customer is subjected, and the way in which the Customer can
- The minimum duration of the distance selling agreement in case of an extended transaction.
Article 5 – The Agreement
- The agreement will, with reservation of the information given in section 4, be concluded the moment the Customer accepts the offer, with which he meets the corresponding conditions.
- If the Customer has accepted the offer electronically, the Owner will confirm electronic receipt of acceptance of the offer. Until receipt of the offer has been confirmed by the Owner, the Customer may rescind the agreement.
- If the agreement is created electronically, the Owner will take the necessary technological and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the Customer can pay electronically, the Owner will take appropriate safety precautions.
- The Owner can –within the law– inform if the Customer will be able to meet his payment obligations, and of all those facts and factors relevant to a sound conclusion of the distance selling agreement. If form of this investigation, the Owner was justified in not entering into the agreement, he is entitled to refuse or to attach special conditions to the execution of an order or request.
- In offering the product or service to the Customer, the Owner will enclose the following information, in writing or in such a way that it can be stored in an accessible manner by the Customer on a durable medium:
- The address of the Owner’s establishment where Customers can lodge complaints;
- The conditions on which and the way in which the Customer can exercise his right of
- Information about guarantees and after sales service;
- The details stipulated in article 4 section 3 of these terms and conditions unless the Owner
- The requirements for termination of the agreement, if the agreement has a duration of more
Article 6 – Right of withdrawal
When delivering products:
- When purchasing products, the Customer has the option to terminate the agreement without giving any reason within 14 days. This period starts on the date of receipt of the product by the Customer or by a pre-designated by the Customer representative announced to the Owner.
- During this period the Customer will handle the product and packaging with care. The Customer will only unwrap or use the product in such a way that enables him to assess whether he wishes to keep the product. If the Customer exercises his right of withdrawal, he will return the product with all its accessories and, in a way that can reasonably be expected, in the original condition and packaging to the Owner, in accordance with the reasonable and clear instructions provided by the Owner.
When providing services:
- When delivering services, the Customer may terminate the agreement without giving any reason for at least fourteen days, starting on the day the agreement was concluded.
- To exercise his right of withdrawal, the Customer will address the Owner when the offer is made and/or at the time of the delivery at the latest, by means of reasonable and clear instructions given.
Article 7 – Costs in case of withdrawal
- If the Customer exercises his right of withdrawal, the fee he pays will not exceed the shipping costs for delivery and return. Only Within the Netherlands, you will receive the shipping costs for a return.
- If the Customer has made a payment, the Owner will refund the amount paid as soon as possible, but no later than 30 days after the return or cancellation.
Article 8 – Exclusion of the Right of withdrawal
- The Owner may exclude the right of withdrawal from a Customer to the extent provided in sections 2 and 3. The exclusion of the right of withdrawal will only apply if expressly stated at least in time for the conclusion of the agreement by the Owner in the offer.
- Exclusion of the right of withdrawal can only apply to products:
- Established by the Owner in accordance with the specifications given by the Customer;
- That is unequivocally personal in nature;
- Of the sort that cannot be returned because of their nature;
- That is highly perishable or quickly become obsolete;
- Whose price is subject to fluctuations in the financial market, on which the Owner has no influence;
- Designated for individual newspapers and magazines;
- Designated for audio and video recordings and computer software of which the Customer has removed the seal.
- Exclusion of the right of withdrawal can only apply to services:
- On lodging, transportation, catering or recreational activities to carry on a certain date or during a given period;
- Of which the supply has started before the grace period has expired, and with the express consent of the Customer;
- On betting and lotteries.
Article 9 – Pricing
- During the period mentioned, the prices of products and services offered will not be raised, with the exception of price adjustments due to changes in VAT rates.
- Notwithstanding the previous section, the Owner may offer products or services that are subject to fluctuations in the financial market and cannot be influenced by the Owner, at variable prices. If prices are subject to fluctuations and the prices mentioned are recommended prices, this will be mentioned in the offer.
- Price increases within three months after the conclusion of the agreement are only allowed if they result from legislation or regulations.
- Price increases from 3 months after the conclusion of the agreement are only allowed if the Owner has agreed and
- If they are the result of legislation or regulations; or
- If the Customer has the right to terminate the agreement as of the date the increase takes effect.
The prices of products and services in the supply are including VAT.
Article 10 – Compliance and Warranty
- The Owner guarantees that the products and/or services meet the agreement specifications stated in the offer, the reasonable requirements of reliability and/or usability, as well as the existing legal provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the Owner will also guarantee that the product is suitable for other than normal use.
- A guarantee given by the Owner, the manufacturer or the importer will not affect the legal rights or claims the Customer may invoke under the agreement on the Owner.
Article 11 – Delivery and implementation
- The Owner will observe the utmost care when accepting orders for products, when implementing them and when assessing applications for the provision of services.
- The place of delivery is the address that the Customer has made known to the company.
- In compliance with the information given in article 4 of these Terms and Conditions, the company will handle accepted orders expeditiously within 30 days, unless a longer delivery has been agreed. If delivery is delayed, or if an order cannot or only partially be carried out, the Customer will be informed within 30 days after placing the order. In that case, the Customer is entitled to terminate the agreement without penalty and may be entitled to any compensation.
- In case of a cancellation in accordance with the preceding section, the Owner will return the amount the Customer has paid as soon as possible, yet not later than 30 days after repudiation.
- If an ordered product cannot be delivered, the Owner will endeavor to provide the Customer with a replacement product. On the delivery date at the latest, the Customer will be informed clearly and comprehensibly that a replacement article is delivered. For replacement items, the right of withdrawal cannot be excluded. The cost of return shipment will be borne by the Owner.
- The risk of damage to and/or loss of products will rest with the Owner until the time of delivery to the Customer or to a pre-designated representative announced to the Owner, unless otherwise expressly agreed.
Article 12 – Transaction duration: duration, termination, and renewal
- The Customer is always entitled to cancel an agreement entered into for an indefinite period, which extends to the regular delivery of products –including electricity– or services, taking into account the cancellation rules, and a notice of up to one month.
- At any time at the end of the fixed term, the Customer may cancel an agreement entered into for a definite period and which extends to the regular delivery of products –including electricity– or services, subject to the agreed cancellation rules, and a notice of up to one month.
- In the agreements in the previous sections the Customer is entitled to:
- Cancel at any time and not be limited to cancellation at a particular time or in a given period;
- At least cancel the agreement in the same way it was concluded;
- Cancel making use of the same period of notice the Owner has negotiated for itself.
- An agreement entered into for an indefinite period, which extends to the regular delivery of products –including electricity– or services, may not be automatically extended or renewed for a fixed period.
- Notwithstanding the previous section, an agreement is entered into for a definite period which extends to the regular delivery of daily or weekly newspapers and magazines will be automatically renewed for a fixed period up to three months. If the Customer is allowed to cancel this renewed agreement at the end of the extension with a notice of up to one month.
- An agreement entered into for a definite period which extends to the regular delivery of products or services, may only be automatically renewed for an indefinite period if the Customer is at any time allowed to cancel with a notice of up to one month. In case of an agreement which extends to a regular, but less than once a month, delivery of daily and weekly newspapers or magazines is allowed notice of up to three months.
- An agreement with a limited duration for the regular delivery of daily and weekly newspapers and magazines (trial or introductory subscription) will be terminated automatically and not tacitly renewed after the trial or introductory.
- If an agreement has a duration of more than one year, the Customer may terminate the agreement at any time after one year with a notice of up to one month, unless reasonableness and fairness resist cancellation before the end of the agreed period.
Article 13 – Payment
- Unless otherwise agreed, any payment owed must be settled by the Customer within 14 days after the start of the grace period referred to in article 6 section 1. In case of an agreement to provide a service, this time limit will start once the Customer has received confirmation of the agreement.
- When selling products to Customers, the General Terms and Conditions may never stipulate an advance payment of more than 50 percent. If an advance payment is agreed, the Customer may not assert any rights regarding the implementation of the order or service(s) before the advance payment has been made.
- The Customer is obliged to report any inaccuracies in the payment information given to the Owner.
- In case of default by the Customer, the Owner may, subject to statutory limitations, exercise the right to charge the Customer reasonable reimbursement costs, if made known to the Customer in advance.
Article 14 – Complaints arrangement
- The Owner has a well-publicised complaints procedure and will handle complaints according to this procedure.
- Complaints about the performance of the agreement must be submitted to the Owner promptly, fully and described, after the Customer has established the defects.
- Complaints submitted to the Owner will be answered within 14 days from the date of receipt. If a complaint demands a foreseeable longer period of handling, the Customer will receive a notice of receipt and an indication from the Owner within 14 days of the period within which the Customer may expect a more detailed reply.
- If the complaint cannot be resolved by agreement, a dispute originates that is subject to arbitration.
Article 15 – Disputes
- Agreements of these Terms and Conditions between the Owner and the Customer refer only to Dutch law.
Article 16 – Additional or different terms
Any additional or different provisions of these Terms and Conditions are not allowed to be to the detriment of Customers and should be recorded in writing or captured in such a way that they may be stored by the Customer in an accessible manner on a durable medium.