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Terms and Conditions

General Terms and Conditions – Duux.com

 

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 – Obligations of the consumer during the cooling-off period

Article 8 – Exercise of the right of withdrawal by the consumer and the costs thereof

Article 9 – Obligations of the Contractor in the event of withdrawal

Article 10 – Exclusion of the right of withdrawal

Article 11 – The price

Article 12 – Compliance and additional warranty

Article 13 – Delivery and execution

Article 14 – Duration transactions: duration, termination and extension

Article 15 – Payment

Article 16 – Complaints procedure

Article 17 – Disputes

Article 18 – Additional or different provisions

 

Article 1 – Definitions

In these terms and conditions, the following terms shall have the following meanings:

1. Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
2. Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
3. Consumer: the natural person who does not act for purposes relating to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and supplied in digital form;
6. Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
7. Durable medium: any tool – including e-mail – that enables the consumer or trader to store information that is addressed to him personally in a way that allows future consultation or use during a period that is geared to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
8. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person and products, (access to) digital content and/or remote services to consumers;
10. Distance contract: a contract concluded between the trader and the consumer within the framework of an organised system for the distance sale of products, digital content and/or services, whereby, up to and including the conclusion of the contract, exclusive or partial use is made of one or more techniques for distance communication;
11. Model withdrawal form: the European model withdrawal form set out in Annex I to these conditions; Annex I does not need to be made available if the consumer has no right of withdrawal with regard to his order;
12. Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur having to be in the same room at the same time.

Article 2 – Identity of the entrepreneur

Trading under the name(s):

– Duux B.V.
– www.duux.com

Site address:

Veghelsedijk 2f
5406 TE Uden

Accessibility:
From Monday to Friday from 09.00 to 17.00
Phone number: 0162700567

E-mail address: info@duux.com
CoC number: 72814179
VAT number: NL859246140B01

Article 3 – Applicability

1. These general terms and conditions apply to any offer made by the entrepreneur and to any distance contract concluded between the entrepreneur and the consumer. 2. Before concluding a distance contract, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the Entrepreneur shall, before concluding the distance contract, indicate how the General Terms and Conditions can be inspected at the Entrepreneur’s premises and that, at the Consumer’s request, they will be sent free of charge as soon as possible. 3. If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these general conditions electronically to the consumer be made available in such a way that the consumer a simple way can be stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the consumer’s request by electronic means or otherwise. 4. If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply by analogy and in the event of conflicting conditions, the consumer can 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 made subject to conditions, this will be explicitly stated in the offer. 2. The offer contains a complete and accurate description of the products, digital content 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, these are a true representation of the products, services and / or digital content. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur. 3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 – The Agreement

1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and complies with the associated conditions. 2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract. 3. If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures. 4. The entrepreneur may, within the framework of the law, inform himself whether the consumer is able to fulfil his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this research, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, or to attach special conditions to the execution of the agreement, stating the reasons.
5. The entrepreneur will send the following information to the consumer, in writing or in such a way that the consumer can store it in an accessible way on a durable data carrier, at the latest upon delivery of the product, the service or digital content:

.

a. the visiting address of the establishment of the entrepreneur to which the consumer can turn with complaints;
b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about guarantees and existing after-sales service;
d. the price including all taxes of the product, service or digital content; insofar as applicable the costs of delivery; and the method of payment, delivery or execution of the distance contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form.

6. In the case of a long-term transaction, the stipulation in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal

At products:

Add to products

1. The consumer may terminate a contract relating to the purchase of a product during a cooling off period of 14 days without giving any reason. The Entrepreneur may ask the Consumer for the reason for the withdrawal, but shall not oblige the Consumer to state his reason(s). 2. The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party other than the carrier and previously designated by the consumer, has received the product, or:

a. if the consumer has ordered several products in one order: the day on which the consumer, or a third party designated by him, has 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 several products with a different delivery time. b. if the delivery of a product consists of several consignments or parts: the day on which the consumer, or a third party designated by him, has received the last consignment or part;
c. in the case of contracts for the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content that is not supplied on a material carrier:

3. The consumer may terminate a service contract and a contract for the supply of digital content not supplied on a material medium for a period of 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal, but does not oblige the consumer to state his reason(s). 4. The cooling-off period referred to in paragraph 3 commences on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content that is not supplied on a material carrier when not informing about the right of withdrawal:

5. If the Entrepreneur has not provided the Consumer with the legally required information on the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period set in accordance with the previous paragraphs of this article. 6. If the trader has provided the consumer with the information referred to in the preceding paragraph within twelve months after the effective date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the cooling-off period

1. 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 determine the nature, characteristics and operation of the product. The starting point is that the consumer may only handle and inspect the product as he would be allowed to do in a shop. 2. The consumer is only liable for depreciation of the product resulting from a way of handling the product that goes beyond what is permitted in paragraph 1. 3. The consumer shall not be liable for any reduction in the value of the product if the Entrepreneur has not provided him with all legally required information on the right of withdrawal before or at the time of the conclusion of the contract.

Article 8 – Exercise of the right of withdrawal by the consumer and its costs

1. If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the cooling-off period by means of the model withdrawal form or in any other unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorised representative of) the trader. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has observed the return period in any case if he returns the product before the reflection period has expired.
3. The consumer returns the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur. 4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer. 5. The consumer shall bear the direct cost of returning the product. If the Entrepreneur has not indicated that the Consumer should bear these costs or if the Entrepreneur indicates that he should bear these costs himself, the Consumer does not have to bear the costs of returning the product. 6. If the consumer withdraws after having first explicitly requested that the performance of the service or the supply of gas, water or electricity that are not prepared for sale in a limited volume or certain quantity commences during the cooling-off period, the consumer owes the proprietor an amount that is in proportion to that part of the commitment that the proprietor has fulfilled at the time of withdrawal, compared to the full performance of the commitment.
7. The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity, which are not put up for sale in a limited volume or quantity, or for the supply of district heating, if:

a. the Entrepreneur has not provided the Consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model withdrawal form, or;

b. the consumer has not explicitly requested the commencement of the performance of the service or the supply of gas, water, electricity or district heating during the cooling-off period.

8. The consumer shall not bear any costs for the full or partial delivery of digital content not supplied on a material medium, if:

.

a. prior to the delivery of the goods, he has not expressly agreed to the commencement of the performance of the contract before the end of the cooling-off period;
b. he has not acknowledged that he has lost his right of withdrawal in granting his consent; or
c. the proprietor has failed to confirm this statement by the consumer;

9. If the consumer exercises his right of withdrawal, all additional contracts shall be dissolved by operation of law.

Article 9 – Obligations of the entrepreneur in the event of withdrawal

1. If the Entrepreneur makes the Consumer’s notification of withdrawal possible electronically, he shall send an acknowledgement of receipt without delay upon receipt of this notification. 2. The Entrepreneur shall reimburse all payments made by the Consumer, including any delivery costs charged by the Entrepreneur for the returned product, without delay but within 14 days following the day on which the Consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to repay until he has received the product or until the consumer proves that he has returned the product, whichever time is earlier.
3. The entrepreneur shall use the same means of payment that the consumer has used for repayment, unless the consumer agrees to a different method. The refund is free of charge for the consumer. 4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the trader does not have to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of the right of withdrawal

The Entrepreneur may exclude the following products and services from the right of withdrawal, but only if the Entrepreneur has clearly stated this at the time of the offer, or at least in good time before the conclusion of the contract

1. Products or services the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period
2. Contracts concluded in public auctions. A public auction is understood to mean a sales method whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the supervision of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services 3. Service agreements, after full performance of the service, but only if:

a. the performance has started with the express prior consent of the consumer; and
b. the consumer has declared that he loses his right of withdrawal as soon as the trader has fully performed the contract;

4. Package holidays as referred to in Section 7:500 of the Dutch Civil Code and passenger transport agreements;
5. Service agreements for the provision of accommodation, if the agreement provides for a certain date or period of execution and other than for residential purposes, goods transport, car rental services and catering;
6. Agreements relating to leisure activities, if the agreement provides for a specific date or period of execution thereof;
7. Products manufactured to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products which are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
10. Products which, after delivery, have been irrevocably mixed with other products by their nature;
11. Alcoholic beverages the price of which was agreed upon when the agreement was concluded, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the trader has no influence;
12. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
13. Newspapers, periodicals or magazines, with the exception of subscriptions to them;
14. The delivery of digital content other than on a material medium, but only if:

a. the performance has started with the express prior consent of the consumer; and
b. the consumer has declared that by doing so he loses his right of withdrawal.

Article 11 – 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 for price changes as a result of changes in VAT rates. 2. Contrary to 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, at variable prices. These fluctuations and the fact that any prices mentioned are target prices, are mentioned in the offer.
3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions. 4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

a. these are the result of statutory regulations or provisions; or
b. the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services are inclusive of VAT.

Article 12 – Compliance with agreement and additional warranty

1. The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the statutory provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed in the performance of his part of the agreement. 3. An additional guarantee is understood to mean any obligation of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed in the fulfilment of his part of the agreement.

Article 13 – Delivery and execution

1. The Entrepreneur shall exercise the greatest possible care when receiving and executing product orders and when assessing requests for the provision of services. 2. The place of delivery is the address that the consumer has made known to the entrepreneur. 3. With due observance of what is stated in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders expeditiously, but at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be carried out or can only be carried out partially, the consumer will be informed of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the contract free of charge and the right to any compensation. 4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer. 5. The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a representative designated in advance and announced to the entrepreneur, unless explicitly agreed otherwise.

Article 14 – Lengthy transactions: duration, cancellation and renewal

Disengagement:

1. The consumer may terminate an open-ended contract that has been concluded for the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a period of notice that does not exceed one month. 2. The consumer may terminate a fixed-term contract that has been concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed-term, subject to the agreed termination rules and a period of notice that does not exceed one month. 3. The consumer can use the agreements mentioned in the previous paragraphs:

a. terminate at all times and not be limited to termination at a certain time or in a certain period;
b. at least terminate the agreement in the same way as they were entered into by him;
c. always terminate with the same period of notice as the entrepreneur has stipulated for himself.

Extension:

4. A fixed-term contract that has been concluded for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period of time. 5. Contrary to the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers or magazines may be tacitly prolonged for a fixed term that does not exceed three months, if the consumer is entitled to terminate this prolonged contract towards the end of the prolongation, with a period of notice that does not exceed one month. 6. A fixed-term contract that has been concluded for the regular supply of products or services may only be extended tacitly for an indefinite period of time if the consumer has at all times the right to terminate, subject to a period of notice that does not exceed one month. The notice period is not longer than three months if the contract is for the regular, but less than once a month, supply of daily, news and weekly newspapers and magazines. 7. A fixed-term contract for the regular supply of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration:

8. If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice of up to one month, unless reasonableness and fairness dictate otherwise before the end of the agreed term.

Article 15 – Payment

1. Unless otherwise stipulated in the contract or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the contract. In case of a contract to provide a service, this period commences on the day after the consumer has received the confirmation of the contract. 2. When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in general terms and conditions. When prepayment is stipulated, the consumer can not assert any rights regarding the execution of the order or service (s) before the stipulated prepayment has taken place. 3. The consumer has the duty to immediately report any inaccuracies in the payment details provided or stated to the entrepreneur. 4. If the consumer fails to meet his payment obligation(s) on time, he will owe statutory interest on the outstanding amount after the proprietor has informed him of the late payment and the proprietor has allowed the consumer a period of 14 days to still meet his payment obligations, after the failure to pay within this 14-day period, and the proprietor will be entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2.500,=; 10% on the following € 2.500,= and 5% on the following € 5.000,= with a minimum of € 40,=. The proprietor may deviate from these amounts and percentages for the benefit of the consumer.

Article 16 – Complaints procedure

1. The entrepreneur has a well-publicized complaints procedure and deals with the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the contract must be submitted to the proprietor in full and clearly described form within a reasonable period of time after the consumer has discovered the defects.
3. Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement procedure.

Article 17 – Disputes

1. Contracts between the entrepreneur and the consumer to which these general terms and conditions apply shall be governed exclusively by Dutch law.
2. Disputes between the Consumer and the Entrepreneur regarding the conclusion or execution of contracts relating to products and services supplied or to be supplied by this Entrepreneur can, with due observance of the following provisions, be submitted to the Trusted Shops by either the Consumer or the Entrepreneur and can be submitted via the application form at https://help.trustedshops.com/hc/nl/requests/new
3. A dispute will only be dealt with by the Disputes Committee if the consumer has first submitted his complaint to the trader within a reasonable period of time.
4. If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or in another form to be determined by the Commission no later than 12 months after the date on which the consumer submitted the complaint to the trader.
5. If the consumer wishes to submit a dispute to the Disputes Committee, the trader is bound by this choice. Preferably, the consumer should first report this to the entrepreneur. 6. If the trader wishes to submit a dispute to the Disputes Committee, the consumer will have to express in writing, within five weeks of a written request made by the trader, whether he so wishes or wishes to have the dispute handled by the competent court. If the entrepreneur does not hear the consumer’s choice within the period of five weeks, then the entrepreneur is entitled to submit the dispute to the competent court. 
7. The Disputes Committee pronounces under the conditions as laid down in the regulations of the Disputes Committee. The decisions of the Disputes Committee are made by means of a binding advice.
8. The Disputes Committee will not deal with a dispute or will discontinue the handling of a dispute if the trader has been granted a suspension of payments, has gone bankrupt or has actually terminated his business activities, before a dispute has been dealt with by the committee at the hearing and a final decision has been rendered.

Article 18 – Additional or different 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.  

Annex I: Revocation Model Form

(only fill in and return this form if you want to revoke the contract)

a. On: [ name entrepreneur]
[ entrepreneur’s geographical address]
[ Entrepreneur’s fax number, if available]
[ Entrepreneur’s e-mail or electronic address]

b. I/We* hereby inform you that I/we* have signed our agreement concerning the sale of the following products: Product designation]*
the delivery of the following digital content: [digital content designation]*
the provision of the following service: [service designation]*,
revoked/revoked*

c. Ordered on*/received on* [date of order for services or receipt for products]
d. [Name of consumer(s)]
e. [Address of consumer(s)]
f. Signature of consumer(s)] (only if this form is submitted on paper)

* Delete as appropriate or fill in as appropriate

.