Terms and conditions
Table of Contents
- Article 1 - Definitions
- Article 2 - Identity of the company
- Article 3 - Applicability
- Article 4 – Supply of goods from the supplier
- Article 5 - The commitments and obligations of the company
- Article 6 - Right of withdrawal
- Article 7 - Costs in case of withdrawal
- Article 8 - Exclusion of the right of withdrawal
- Article 9 - The price and fee
- Article 10 - Conformity and warranty
- Article 11 - Delivery and execution
- Article 12 - Payment
- Article 13 - Complaints procedure
- Article 14 - Disputes
Article 1 – Definitions
For the purposes of this document:
1. General Terms and Conditions: the conditions included in this document that apply to the commitment between the company and consumer.
2. Withdrawal period: the period during which the consumer can exercise their right of withdrawal.
3. Fee: the difference between the company’s purchase price from the supplier and the supplier's (sales) price offered on the company’s website.
4. Service: the activities offered by the company to the consumer, mainly consists of the provision and support of the website and the conclusion of an agreement with the supplier on behalf of the consumer.
5. Consumer: the natural person who is not acting in the exercise of a profession or business and concludes an agreement with the company.
6. Day: calendar day.
7. Durable Storage Medium: any means that enables the consumer or company to store information in a way that allows future reference and unaltered reproduction of the stored information.
8. Goods: the products offered by the supplier to the consumer through the company’s website.
9. Right of withdrawal: the possibility for the consumer to dissolve the contract within the withdrawal period, without giving reasons, within 14 days, counting from the day after the goods were received.
10. Supplier: a third party not affiliated with the company, with whom the consumer enters an agreement through the company’s website for the purchase and delivery of goods.
11. Model Withdrawal Form: the Model Withdrawal Form made available by the company that a consumer can fill in if they wish to exercise their right of withdrawal.
12. Company: iShopZo B.V.
13. Agreement: an agreement that is entered between the consumer and supplier through the company’s website.
14. Price: the price that the supplier charges the consumer when entering the contract. The price - unless stated otherwise – includes VAT.
15. Commitment: the agreement between the consumer and company to provide the website and services.
16. Website: www.ClickToBuy.com and the web shop provided, consisting of a digital platform on which goods from the supplier are offered, traded, sold and/or promoted to the consumer and the consumer can, if desired, conclude a ‘distance contract’ with the supplier.
Article 2 - Identity of the company
iShopZo B.V. trading under the name ClickToBuy.com
2401LH Alphen aan den Rijn
E-mail address: firstname.lastname@example.org
Chamber of Commerce: 51136821
Article 3 - Applicability
1. These General Terms and Conditions apply to every commitment made between the company and consumer, as well as the agreement between the consumer and supplier.
2. The text of these General Terms and Conditions will be made available electronically to the consumer so that they can easily store them on a durable data storage medium. If, however, this is not reasonably practicable before the agreement is concluded, the consumer will be advised where they can view the General Terms and Conditions electronically and that these General Terms and Conditions, at the consumers' request, can be sent to them electronically or otherwise by other means, free of charge.
3. In addition to these General Terms and Conditions, specific product or service conditions of the supplier may apply, the consumer can always invoke the applicable provision that is most favorable to them in the event of conflicting General Terms and Conditions.
4. If one or more provisions of these General Terms and Conditions at any time become void in whole or in part, or are destroyed, the other terms and conditions in the agreement remain in force. The provision in question shall be replaced by a new provision after mutual consultation that reflects the original intention as closely as possible.
5. Situations that are not stipulated in these General Terms and Conditions should be assessed 'in the spirit' of these General Terms and Conditions.
6. Uncertainties about 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.
1. The goods offered on the website are exclusively offered by a supplier selected by the company. If an offer has a limited availability period or is subject to conditions, the supplier shall state this in the offer.
2. The offer is non-binding. The company is entitled to change and adapt the supplier's offer.
3. The delivery date(s) stated in the offer is an indication only. The company does not guarantee the delivery of the goods by the supplier within the delivery period stated.
4. The company does not guarantee that the supplier's offer contains a complete and accurate description of the goods on offer. Obvious errors in the offer are not binding on the company.
5. All images and specification details contained in the offer are indicative and do not give ground for compensation or dissolution of the agreement.
6. Product images are the best possible representation of the products on offer. The company cannot guarantee that the colors shown correspond exactly with the actual colors of the products.
7. Each offer contains sufficient information, giving the consumer clarity about the rights and obligations that apply to their acceptance of the offer. This concerns, in particular:
- the price inclusive of taxes;
- any costs of shipment;
- the manner in which the contract will be concluded and the acts necessary to achieve this;
- the right of withdrawal;
- the method of payment, delivery and conclusion of the contract;
- the level of the tariff of ‘distance communication’, provided that the costs for the technology enabling the means of ‘distance communication’, are calculated on a basis other than the regular basic rate for a communication tool used;
- whether the agreement will be archived after its conclusion, and if so, how this can be accessed by the consumer;
- how consumers can check and/or correct the data they provided in conjunction with the agreement, before conclusion of the contract;
- the codes of conduct to which the company is subject and how the consumer can consult these codes of conduct electronically.
Article 5 - The commitment and obligations of the company
1. A commitment is automatically established when the consumer confirms via the website that he/she wants to use the services, and concludes an agreement with the supplier.
2. When entering a commitment, the obligations of the company are limited to the provision of services to the consumer. The company does not deliver the goods or make them available.
3. If the consumer places an order, the company will immediately confirm this electronically (also on behalf of the supplier).
4. The company shall take appropriate technical and organisational measures to secure the electronic transmission of data.
5. Payments should be made electronically by the consumer. To this end, the company will observe appropriate safety measures.
6. The company will send the following information to the consumer with the goods, either in writing or in such a way that the consumer can store this information in an accessible manner on a durable data storage medium:
a. the company’s address where the consumer can go with complaints;
b. the conditions under which the consumer can exercise the right of withdrawal, or a clear statement about being excluded from the right of withdrawal;
c. the information about guarantees and existing after-sales service;
d. the data included in Article 4 paragraph 5 of these conditions, unless the company has already provided the consumer with this data before the conclusion of the contract;
7. Each agreement is entered under the suspense conditions that there is enough availability of the products concerned.
Article 6 - Right of withdrawal
On delivery of goods:
1. When purchasing goods, the consumer has the option of dissolving the contract without giving reason within 14 days. This reflection period commences on the day after the goods have been received by the consumer or by a representative appointed in advance by the consumer and made known to the company.
2. The consumer can invoke their right of withdrawal primarily against the supplier. In that case, the company will, if desired, mediate on behalf of the consumer and ensure any possible transfer. This does not affect the possibility for the consumer to exercise the rights mentioned in this article against the company who will act in that capacity on behalf of and for the benefit of the supplier and take on any applicable obligations.
3. During the right to withdraw period, the consumer will handle the product and packaging with care. Consumers will only unpack or use the product to the extent necessary to judge whether they wish to keep the product. If they exercise their right of withdrawal, they will return the goods with all delivered accessories and - if reasonably practicable - in the original condition and packaging, following the reasonable and clear instructions provided by the company as stated in Article 5 under 6b of these General Conditions.
4. If the consumer wishes to exercise their right of withdrawal, they are obliged to inform either the supplier or the company within 14 days after receipt of the product. The consumer must make this known by using the Model Withdrawal Form. After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the goods within 14 days. The consumer must prove that the delivered goods have been returned on time, for example, utilizing proof of dispatch.
5. If, after the expiry of the periods mentioned in paragraph 2 and 3, the consumer has not made it known that they wish to exercise their right of withdrawal or have not returned the item to the supplier or company, the right of withdrawal shall automatically lapse.
Article 7 - Costs in case of withdrawal
1. If the consumer makes use of their right of withdrawal, the costs of returning the goods shall be borne by the consumer.
2. If the consumer has paid all or part of the price, the supplier or company will refund this amount to the consumer as soon as possible, but within 14 days after withdrawal at the latest, with the condition that the goods have been received by the supplier or company, or can conclusively proof that the goods have been returned by the consumer.
Article 8 - Exclusion of the right of withdrawal
1. The supplier and company may exclude the consumer's right of withdrawal for goods described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if this is clearly stated on the website before the conclusion of the contract.
2. Exclusion of the right of withdrawal is only possible for goods:
a. which cannot be returned due to their nature;
b. which can spoil or age quickly;
c. whose price is subject to fluctuations in the financial market which is uncontrollable by the company;
d. for individual newspapers and magazines;
e. for audio and video recordings and computer software where the consumer has broken the seal;
h. for hygienic products where the consumer has broken the seal.
Article 9 - The price and fee
1. During the period of validity stated in the offer, the prices of the goods offered by the supplier will not increase, except for price changes as a result of changes in VAT rates.
2. By way of derogation from the previous paragraph, the supplier may offer products where prices are subject to fluctuations on the financial market over which the supplier has no control, at variable prices. The offer shall state this commitment to fluctuation and the fact that any prices quoted are approximate prices.
3. The prices mentioned in the offer of products or services are inclusive of VAT.
4. All prices are subject to printing and typographical errors and no liability is accepted for the consequences of these errors. If printing and typesetting errors occur, the supplier is not obliged to deliver the product according to the incorrect pricing.
5. When a contract is concluded, the company is entitled to the fee and the company shall ensure the necessary data and payment is sent to the supplier so that the supplier can deliver the goods directly to the consumer. Any costs and (tax) levies for the import of goods outside the EU shall be borne by the consumer.
Article 10 - Conformity and Warranty
1. The Supplier guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date on which the agreement was concluded. If agreed, the supplier also guarantees that the product is suitable for purposes other than regular usage.
2. A guarantee provided by the supplier does not affect the legal rights and claims that the consumer can assert against the company based on the commitment. In that case, the consumer can exercise the rights mentioned in this article against the company who will act in that capacity on behalf of and for the benefit of the supplier and will assume the obligations arising from this situation.
3. Any defects or incorrectly delivered products must be reported in writing to the supplier or company within 4 weeks of delivery. The products must be returned in their original packaging and in an “as new” condition
4. The supplier's warranty period corresponds to the manufacturer's warranty period. However, neither the supplier nor the company is ever responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The guarantee does not apply if:
o The consumer has repaired and/or modified the products received themselves or has had them repaired and/or modified by a third party;
o The delivered products have been exposed to abnormal circumstances or have otherwise been treated carelessly or in a way that is contrary to the instructions of the supplier, the company and/or instructions included on the packaging;
o The defect is wholly or partly the result of regulations that the government has set or will set concerning the nature or quality of the materials used.
Article 11 - Delivery and execution
1. The company shall ensure that all necessary information is passed on to the supplier through the website, or other ways deemed necessary. The supplier shall exercise the greatest possible care when receiving and executing orders for goods.
2. The place of delivery shall be the address that the consumer has conveyed to the supplier or company. The consumer is responsible for the accuracy of the (address) data provided and if incorrect information has been provided by the consumer, the company and/or supplier accepts no liability for goods not received.
3. If the delivery is delayed, or if an order cannot or can only partially be fulfilled, the consumer will receive notice no later than 30 days after they have placed the order. In that case, the consumer has the right to dissolve the agreement free of charge. Consumers are not entitled to compensation.
4. All delivery times are indicative and depend on the place of manufacture by the supplier. The consumer cannot derive any rights from any of the periods mentioned. Exceeding a deadline does not entitle the consumer to compensation.
5. In the event of dissolution of the contract, the supplier or company will refund the price or the amount paid by the consumer, as soon as possible, but within 14 days after dissolution at the latest.
6. If a product cannot be supplied, the company will make an effort to provide a replacement product and the consumer will be advised of this situation upon delivery at the very latest. In the case of replacement products, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the supplier or company, depending on whom the consumer decides to return the goods to.
7. The risk of damage and/or loss of goods lays with the supplier or company up to the moment of delivery to the consumer or to a representative appointed in advance and made known to the supplier or company unless explicitly agreed otherwise.
8. The consumer must report any ordered goods that have not been received by using the complaints procedure under Article 13, under penalty of forfeiture of rights, within 60 days after confirmation of shipment by the supplier.
Article 12 - Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the commencement of the revocation period as described in Article 6 of these General Terms and Conditions.
2. The consumer must report any inaccuracies in the payment details provided or stated to the supplier or company without delay.
3. In the case of non-payment by the consumer, the company has the right, subject to legal restrictions, to charge the consumer reasonable costs incurred in advance.
Article 13 - Complaints procedure
1. The company has a sufficiently published complaints procedure and handles complaints under this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted in writing within 7 days and fully and clearly described to the company after the consumer has found the defects.
3. Complaints submitted to the company will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the company will respond within 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
4. In case of complaints, the consumer should turn to the company.
5. If a complaint is found to be justified by the company, the company will, at their discretion, replace the delivered goods free of charge or have them repaired by the supplier.
6. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement.
Article 14 - Disputes
1. Dutch law exclusively governs all obligations between company and consumer, to which these General Terms and Conditions relate. Even if the consumer resides abroad.
2. The Vienna Sales Convention and any other applicable international regulations of which the application can be excluded, do not apply to these General Terms and Conditions and other obligations.
This is an English translation of the original Dutch (Algemene Voorwaarden). The Dutch version will prevail whenever there is a divergent interpretation between the translation and the original.