Terms of service

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract, and these products, digital content and/or services are delivered by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur;
Reflection period: the period during which the consumer may exercise their right of withdrawal;
Consumer: the natural person who does not act for purposes related to his/her trade, business, craft, or profession;
Day: calendar day;
Digital content: data produced and supplied in digital form;
Continuous contract: an agreement that aims at the regular delivery of goods, services, and/or digital content over a certain period;
Durable data carrier: any means – including email – that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation or use for a period aligned with the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
Right of withdrawal: the consumer’s ability to withdraw from the distance contract within the reflection period;
Entrepreneur: the natural or legal person offering products, (access to) digital content, and/or services remotely to consumers;
Distance contract: a contract concluded between the entrepreneur and the consumer within an organized system for the remote sale of products, digital content, and/or services, in which one or more means of distance communication are used up to and including the conclusion of the contract;
Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions; Annex I does not need to be provided if the consumer has no right of withdrawal for their order;
Means of distance communication: a method that can be used to conclude a contract without the consumer and the entrepreneur being simultaneously present in the same location.

Article 2 – Identity of the Entrepreneur

Entrepreneur name: Duux B.V.

Operating under the name(s):
– Duux B.V.
– www.duux.com

Registered address:
Veghelsedijk 2f
5406 TE Uden

Availability:
Monday to Friday from 09:00 to 17:00
Telephone number: 0162700567

Email address: info@duux.com
Chamber of Commerce number: 72814179
VAT number: NL859246140B01

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 is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate how the consumer can view the terms and conditions at the entrepreneur’s premises and that they will be sent free of charge upon request.
If the distance contract is concluded electronically, and as a deviation from the previous paragraph, 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 them on a durable data carrier. If this is not reasonably possible, the entrepreneur will indicate how the consumer can view the terms electronically and that they will be sent free of charge upon request.
In cases where, in addition to these general terms and conditions, specific product or service terms apply, paragraphs 2 and 3 shall apply accordingly, and in the event of conflicting terms, the consumer may always invoke the provision most favorable to them.

Article 4 – The Offer

If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the offered products, digital content and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a truthful representation of the offered products, services, and/or digital content. 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 rights and obligations are connected to accepting the offer.

Article 5 – The Contract

The contract is concluded, subject to paragraph 4, at the moment the consumer accepts the offer and meets the conditions attached to it.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as receipt has not been confirmed, the consumer may dissolve the contract.
If the contract 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.
Within the limits of the law, the entrepreneur may check whether the consumer can fulfill their payment obligations and examine all facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur has reasonable grounds based on this investigation not to conclude the contract, they are entitled to refuse an order or request or attach special conditions to its execution.
At the latest upon delivery of the product, service, or digital content, the entrepreneur shall provide the consumer with the following information, in writing or in a manner that can be stored on a durable data carrier:
1. the address of the entrepreneur’s office where complaints can be submitted;
2. the conditions under which and how the consumer can exercise the right of withdrawal, or a clear statement if withdrawal rights are excluded;
3. information on guarantees and existing after-sales service;
4. the price including all taxes for the product, service, or digital content; if applicable, delivery costs; and the method of payment, delivery or execution of the distance contract;
5. the requirements for terminating the contract if it is of more than one year or of indefinite duration;
6. if the consumer has a right of withdrawal, the model withdrawal form.
For continuous contracts, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of Withdrawal

For products:

The consumer may cancel a contract regarding the purchase of a product within 14 days without giving any reason. The entrepreneur may ask for the reason for withdrawal but cannot require the consumer to provide it.
The reflection period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
1. If the consumer ordered multiple products in the same order: the day the consumer, or a designated third party, receives the last product. The entrepreneur may refuse orders with multiple products with different delivery times if they have informed the consumer clearly before the ordering process.
2. If the delivery of a product consists of multiple shipments or components: the day the consumer, or a designated third party, receives the last shipment or component.
3. For contracts for regular delivery of products over a certain period: the day the consumer, or a designated third party, receives the first product.

For services and digital content not supplied on a tangible medium:

The consumer may cancel a service contract and a contract for delivery of digital content not supplied on a tangible medium within 14 days without giving any reason. The entrepreneur may ask for the reason for withdrawal but cannot require the consumer to provide it.
The reflection period mentioned in paragraph 3 starts on the day after the contract is concluded.

Extended reflection period for products, services, and digital content not supplied on a tangible medium if withdrawal information is not provided:

If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period ends twelve months after the end of the original reflection period established according to the previous paragraphs.
If the entrepreneur provides the information referred to in the previous paragraph within twelve months after the start date of the original reflection period, the reflection period expires 14 days after the day the consumer receives that information.

Article 7 – Consumer Obligations During the Reflection Period

During the reflection period, the consumer shall handle the product carefully and the packaging. The product may only be unpacked or used to the extent necessary to determine its nature, characteristics, and functioning. The principle is that the consumer may handle and inspect the product only as they would in a physical store.
The consumer is liable only for the reduction in value of the product resulting from handling beyond what is allowed in paragraph 1.
The consumer is not liable for the reduction in value of the product if the entrepreneur did not provide all legally required information on the right of withdrawal before or at the conclusion of the contract.

Article 8 – Exercising the Right of Withdrawal by the Consumer and Associated Costs

If the consumer exercises their right of withdrawal, they shall notify the entrepreneur within the reflection period using the model withdrawal form or in another unequivocal manner.
As soon as possible, but within 14 days from the day following the notification in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product. The consumer is considered to have met the return deadline if the product is sent before the reflection period expires.
The consumer shall return the product with all accessories, if reasonably possible in its original state and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and proof of proper and timely exercise of the right of withdrawal lie with the consumer. The seller bears the transport risk.
The seller bears the direct costs of returning the product unless otherwise stated at the time of purchase.
If the consumer withdraws after expressly requesting that the performance of the service or delivery of gas, water, or electricity not made ready for sale in a limited volume or quantity begins during the reflection period, the consumer owes the entrepreneur an amount proportional to that part of the obligation fulfilled by the entrepreneur at the time of withdrawal, compared to full performance of the obligation.
The consumer bears no costs for the performance of services or delivery of water, gas, electricity not made ready for sale in a limited volume or quantity, or for district heating, if:
1. the entrepreneur has not provided the consumer with legally required information on the right of withdrawal, reimbursement of costs, or the model withdrawal form, or
2. the consumer has not expressly requested the start of the performance during the reflection period.
The consumer bears no costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
1. they did not expressly consent to the start of the performance before the end of the reflection period;
2. they did not acknowledge losing the right of withdrawal by giving consent; or
3. the entrepreneur failed to confirm this declaration from the consumer.
If the consumer exercises their right of withdrawal, all additional agreements are automatically dissolved.

Article 9 – Entrepreneur Obligations upon Withdrawal

If the entrepreneur allows electronic withdrawal notification, they shall immediately send a confirmation of receipt upon receiving it.
The entrepreneur shall refund all payments from the consumer, including any delivery costs charged for the returned product, without undue delay but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait to refund until the product is received or until the consumer proves it has been sent, whichever comes first.
The entrepreneur shall use the same payment method as the consumer unless the consumer agrees to another method. Refunds are free of charge for the consumer.
If the consumer chose a more expensive delivery method than the standard cheapest option, the entrepreneur does not have to refund the additional costs.

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 clearly stated in the offer, or at least before the conclusion of the contract:

Products or services whose price depends on fluctuations in the financial market outside the entrepreneur’s control and which may occur during the reflection period.
Contracts concluded during a public auction. A public auction is a sales method where products, digital content, and/or services are offered to the consumer who is personally present or has the opportunity to be present, under the supervision of an auctioneer, and where the successful bidder is obliged to take the products, digital content, and/or services.
Service contracts, after full performance of the service, but only if:
1. performance began with the consumer’s express prior consent; and
2. the consumer acknowledged losing the right of withdrawal once the entrepreneur fully executed the contract.
Package tours as referred to in Article 7:500 of the Dutch Civil Code and passenger transport contracts.
Service contracts for the provision of accommodation if a specific date or period is set in the contract, except for residential purposes, goods transport, car rental services, and catering.
Agreements related to leisure activities if a specific date or period is set in the contract.
Products made to the consumer’s specifications that are not prefabricated, manufactured based on the consumer’s individual choice or decision, or clearly intended for a specific person.
Products that perish quickly or have a limited shelf life.
Sealed products that cannot be returned for health protection or hygiene reasons if the seal is broken after delivery.
Products that are irreversibly mixed with other products after delivery.
Alcoholic beverages whose price was agreed upon at contract conclusion but can only be delivered after 30 days, and whose actual value depends on market fluctuations outside the entrepreneur’s control.
Sealed audio, video recordings, and computer software where the seal was broken after delivery.
Newspapers, magazines, or periodicals, except subscriptions.
The delivery of digital content not on a tangible medium, but only if:
1. performance began with the consumer’s express prior consent; and
2. the consumer acknowledged losing the right of withdrawal.

Article 11 – Price

During the validity period mentioned in the offer, the prices of the offered products and/or services shall not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market outside the entrepreneur’s control, at variable prices. This dependency on fluctuations and the fact that any listed prices are indicative prices shall be mentioned in the offer.
Price increases within 3 months after the contract has been concluded are only permitted if they result from legal provisions or regulations.
Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has agreed to this and:
1. they result from legal provisions or regulations; or
2. the consumer has the right to terminate the contract from the day the price increase takes effect.
The prices of products or services stated in the offer include VAT.

Article 12 – Performance of the Contract and Additional Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing at the date the contract is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
An additional warranty provided by the entrepreneur, its supplier, manufacturer, or importer never limits the statutory rights and claims the consumer may assert against the entrepreneur if the entrepreneur fails to fulfill their part of the contract.
An additional warranty means any commitment by the entrepreneur, its supplier, importer, or manufacturer granting the consumer rights or claims beyond what is legally required if the entrepreneur fails to fulfill their part of the contract.

Article 13 – Delivery and Execution

The entrepreneur shall exercise the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.
The place of delivery is the address provided by the consumer to the entrepreneur.
Subject to Article 4, the entrepreneur shall execute accepted orders with due speed but no later than 30 days, unless another delivery period is agreed. If delivery is delayed or an order cannot be fully executed, the consumer will be informed no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract without costs and claim any compensation.
After dissolution according to the previous paragraph, the entrepreneur shall refund the amount paid by the consumer without delay.
The risk of damage and/or loss of products rests with the entrepreneur until delivery to the consumer or a designated representative, unless expressly agreed otherwise.

Article 14 – Continuous Transactions: Duration, Termination, and Renewal

Termination:

The consumer may terminate a contract of indefinite duration for the regular delivery of products (including electricity) or services at any time, respecting agreed termination rules and a maximum notice period of one month.
The consumer may terminate a fixed-term contract for the regular delivery of products (including electricity) or services at any time before the end of the term, respecting agreed termination rules and a maximum notice period of one month.
The consumer may terminate the contracts mentioned above:
1. at any time and is not restricted to a specific date or period;
2. at least in the same way as they were concluded;
3. always with the same notice period as the entrepreneur applied for themselves.

Renewal:

A fixed-term contract for the regular delivery of products (including electricity) or services may not be automatically renewed or extended for a specific term.
Notwithstanding the previous paragraph, a fixed-term contract for the regular delivery of newspapers, magazines, and periodicals may be automatically extended for a maximum of three months if the consumer can terminate it at the end of the extension with a notice period of at most one month.
A fixed-term contract for the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer may terminate it at any time with a maximum notice period of one month. For contracts delivering newspapers, magazines, and periodicals less than once a month, the notice period may be up to three months.
A limited-duration contract for trial deliveries of newspapers, magazines, and periodicals (trial or introductory subscription) is not automatically continued and ends automatically after the trial or introductory period.

Duration:

If a contract lasts more than one year, the consumer may terminate the contract at any time after one year with a notice period of at most one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 15 – Payment

Unless otherwise agreed in the contract or additional conditions, amounts owed by the consumer shall be paid within 14 days after the start of the reflection period, or if no reflection period applies, within 14 days after the conclusion of the contract. For a service contract, this period starts on the day the consumer receives confirmation of the contract.
In the sale of products to consumers, the consumer may never be required to prepay more than 50%. If prepayment is required, the consumer may not exercise any rights regarding the execution of the order or service until the agreed prepayment has been made.
The consumer must immediately notify the entrepreneur of any inaccuracies in provided or stated payment details.
If the consumer does not pay on time, after being warned and given a 14-day period to fulfill their obligations, they owe statutory interest on the outstanding amount. The entrepreneur may charge extrajudicial collection costs up to: 15% on amounts up to €2,500; 10% on the next €2,500; 5% on the next €5,000, with a minimum of €40. The entrepreneur may deviate from these percentages to the consumer’s benefit.

Article 16 – Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
Complaints about the execution of the contract must be submitted to the entrepreneur within a reasonable time after the consumer has identified the defects, fully and clearly described.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when a more detailed response can be expected.
The consumer must give the entrepreneur at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that may be submitted to the dispute resolution body.

Article 17 – Disputes

Contracts between the entrepreneur and the consumer to which these terms and conditions apply are exclusively governed by Dutch law.
Disputes between the consumer and the entrepreneur regarding the conclusion or execution of contracts for products and services delivered by this entrepreneur may, subject to the following, be submitted to Trusted Shops via the request form at https://help.trustedshops.com/hc/nl/requests/new.
A dispute will only be considered by the Dispute Committee if the consumer first submitted the complaint to the entrepreneur within a reasonable time.
If the complaint does not lead to a solution, the dispute must be submitted in writing or in another form determined by the Committee no later than 12 months after the consumer submitted the complaint to the entrepreneur.
If the consumer wants to submit a dispute to the Dispute Committee, the entrepreneur is bound to this choice. Preferably, the consumer first informs the entrepreneur.
If the entrepreneur wants to submit a dispute to the Dispute Committee, the consumer must respond in writing within five weeks of a written request from the entrepreneur, indicating whether they also wish the dispute to be handled by the Committee or by a competent court. If the entrepreneur does not receive a response within five weeks, the entrepreneur may submit the dispute to the competent court.
The Dispute Committee issues a ruling under the conditions established in its regulations. The decisions of the Dispute Committee are binding advice.
The Dispute Committee will not handle or will cease handling a dispute if the entrepreneur has been granted a suspension of payments, has gone bankrupt, or has effectively ceased business activities before a dispute has been heard and a final ruling issued.

Article 18 – 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 recorded in writing or in a manner accessible to the consumer on a durable medium.

Annex I: Model Withdrawal Form

Model Withdrawal Form

(only fill out and return this form if you wish to withdraw from the contract)

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

b. I/We* hereby notify you that I/we* withdraw from my/our* contract concerning:
- the sale of the following products: [indicate product]*
- the delivery of the following digital content: [indicate digital content]*
- the provision of the following service: [indicate service]*.
I/we* withdraw*

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 complete where applicable.