General Terms and Conditions
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 extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal; Read all
about the cooling-off period.
2. Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a
distance agreement with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance agreement relating to a series of products and/or services, the delivery
and/or purchase obligation of which is spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to
them personally in a way that allows for future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to waive the distance agreement within the cooling-off
period;
7. Model form: the model form for withdrawal that the entrepreneur makes available and that a consumer can fill
in when they wish to exercise their right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
9. Distance agreement: an agreement whereby, within the framework of a system organized by the entrepreneur
for the remote sale of products and/or services, up to and including the conclusion of the agreement, exclusive
use is made of one or more techniques for remote communication;
10. Technique for remote communication: means that can be used for concluding an agreement, without the
consumer and entrepreneur being physically present in the same room simultaneously.
11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
dtfprintings
de erk 43
6269bh Margraten
Netherlands
T (062) 688-5999
E info@dtfprintings.nl
Chamber of Commerce 97809772
VAT number NL005290310B24
Article 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance
agreement concluded and orders between the entrepreneur and the consumer.
2. Before the distance agreement is concluded, the text of these general terms and conditions will be made
available to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is
concluded that the general terms and conditions can be inspected at the entrepreneur's premises and that they
will be sent free of charge to the consumer as soon as possible upon request.
3. If the distance agreement is concluded electronically, notwithstanding the previous paragraph and before the
distance agreement is concluded, the text of these general terms and conditions may be made available to the
consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this
is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms
and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise
upon request of the consumer.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions,
the second and third paragraphs apply mutatis mutandis, and the consumer can always invoke the applicable
provision that is most favorable to them in the event of conflicting general terms and conditions.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void
or are annulled, the agreement and these terms and conditions will otherwise remain in force, and the relevant
provision will be replaced by mutual agreement without delay by a provision that approximates the meaning of the
original as much as possible.
6. Situations not regulated in these general terms and conditions must be assessed "in the spirit" of these general
terms and conditions.
7. Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should
be interpreted "in the spirit" of these general terms and conditions.
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 is without obligation. 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 enable the consumer to make a proper assessment of the offer. If the entrepreneur uses
images, these 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, and data in the offer are indicative and cannot give rise to compensation or dissolution
of the agreement.
5. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that
the displayed colors exactly match the real colors of the products.
6. Every offer contains such information that it is clear to the consumer what the rights and obligations are that
are attached to the acceptance of the offer. This concerns in particular:
the price including taxes;
any shipping costs;
the way in which the agreement will be concluded and what actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery, and execution of the agreement;
the term for acceptance of the offer, or the term within which the entrepreneur guarantees the price;
the amount of the rate for remote communication if the costs of using the remote communication technique are
calculated on a basis other than the regular basic rate for the communication method used;
whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
the way in which the consumer, before concluding the agreement, can check the data provided by him in the
context of the agreement and, if desired, correct it;
any other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur has subjected himself and the way in which the consumer can
consult these codes of conduct electronically; and
the minimum duration of the distance agreement in the case of a duration transaction.
Article 5 - The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the
offer and fulfills the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur 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 agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational
measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay
electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment
obligations, as well as all facts and factors that are important for a responsible conclusion of the distance
agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is
entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. The entrepreneur will send the following information with the product or service to the consumer, in writing or in
such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear
statement regarding the exclusion of the right of withdrawal;
information about guarantees and existing after-sales service;
the data included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already
provided this data to the consumer before the execution of the agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is for an
indefinite period.
6. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
7. Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.
Article 6 - Right of withdrawal
Upon delivery of products:
1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14
days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative
designated by the consumer in advance and made known to the entrepreneur.
2. 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 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 consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur
within 14 days of receiving the product. The consumer must do this by means of the model form or by means of
another means of communication, such as by e-mail. After the consumer has made known that he wishes to
exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove
that the delivered goods have been returned in time, for example by means of proof of shipment.
4. If the customer has not made known that he wishes to exercise his right of withdrawal or has not returned the
product to the entrepreneur after the periods mentioned in paragraphs 2 and 3 have expired, the purchase is a fact.
Upon delivery of services:
1. When services are delivered, the consumer has the option to dissolve the agreement without giving reasons for
at least 14 days, starting on the day the agreement is entered into.
2. To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the
entrepreneur with the offer and/or at the latest upon delivery.
Article 7 - Costs in case of withdrawal
1. The consumer bears the direct costs of returning the product.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later
than 14 days after withdrawal. This is conditional on the product already having been received back by the web
store owner or conclusive proof of complete return being provided. The refund will be made via the same payment
method used by the consumer unless the consumer explicitly gives permission for another payment method.
3. In case of damage to the product due to careless handling by the consumer himself, the consumer is liable for any
loss of value of the product.
4. The consumer cannot be held liable for the depreciation of the product if the entrepreneur has not provided all
legally required information about the right of withdrawal, which must be done before the conclusion of the
purchase agreement.
Article 8 - Exclusion of the right of withdrawal
1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and
3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at
least in time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
that have been created by the entrepreneur in accordance with the consumer's specifications;
that are clearly personal in nature;
that cannot be returned due to their nature;
that can spoil or age quickly;
whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for loose newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal;
for hygienic products of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date
or during a specific period;
the delivery of which has begun with the express consent of the consumer before the cooling-off period has
expired;
concerning 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 can offer products or services whose prices are
subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable
prices. This dependence on fluctuations and the fact that any stated prices are target prices will be stated in the
offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of
statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has
stipulated this and:
these are the result of statutory regulations or provisions; or
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 for products or services include VAT.
6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing
and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the
product at the incorrect price.
Article 10 - Conformity and warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications
stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or
government regulations existing 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 consumer can assert against the entrepreneur on the basis of the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months
after discovery of the defect.
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 any individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:
the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
the defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.
Article 11 - Delivery and execution
1. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive a message about this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any mentioned terms. Exceeding a term does not entitle the consumer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement item available. No later than upon delivery, it will be clearly and comprehensibly reported that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are for the account of the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative known to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Continuing performance contracts: duration, termination and extension
Termination
1. The consumer can terminate an agreement entered into for an indefinite period and which provides for the regular delivery of products (including electricity) or services at any time, with due observance of the agreed termination rules and a notice period of no more than one month.
2. The consumer can terminate an agreement entered into for a definite period and which provides for the regular delivery of products (including electricity) or services at any time at the end of the definite term, with due observance of the agreed termination rules and a notice period of no more than one month.
3. The consumer can terminate the agreements referred to in the previous paragraphs:
at any time and not be limited to termination at a specific time or in a specific period;
at least terminate in the same way as they were entered into by him;
always terminate with the same notice period as the entrepreneur has stipulated for himself.
Extension
1. An agreement entered into for a definite period and which provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
2. Contrary to the previous paragraph, an agreement entered into for a definite period and which provides for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
3. An agreement entered into for a definite period and which provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate 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 agreement provides for the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
4. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for familiarisation (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.
Duration
1. If an agreement has a duration of more than one year, the consumer can terminate the agreement at any time after one year with a notice period of no more than 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 consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.
2. The consumer has the obligation to immediately report inaccuracies in provided or stated payment data to the entrepreneur.
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs previously made known to the consumer.
Article 14 - Complaints procedure
1. The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has discovered 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 entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
5. In case of complaints, a consumer should contact the entrepreneur.
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. Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. This also applies if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.
Article 16 - Additional or deviating provisions
Additional provisions or provisions deviating 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.
Thanks for subscribing!
This email has been registered!