Algemene voorwaarden

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 reflection period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur in the event of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Compliance and additional guarantee
Article 13 - Delivery and execution
Article 14 - Continuing transactions: duration, termination and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or deviating provisions


Article 1 - Definitions

The following definitions apply in these terms and conditions:

  • Additional agreement: an agreement by which the consumer acquires products, digital content, and/or services in connection with a distance agreement and these goods, digital content, and/or services are delivered by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;
  • Reflection period: the period during which the consumer can make use of his right of withdrawal;
  • Consumer: a natural person who does not act for purposes related to his trade, business, craft, or profession;
  • Day: calendar day;
  • Digital content: data produced and delivered in digital form;
  • Continuing agreement: an agreement for the regular supply of goods, services, and/or digital content for a specific period;
  • Sustainable data carrier: any means, including e-mail, that enables the consumer or entrepreneur to store information addressed personally to him in such a way as to allow future consultation or use for a period that is suited to the purpose for which the information is intended and that allows unaltered reproduction of the stored information;
  • Right of withdrawal: the possibility for the consumer to terminate the distance agreement within the reflection period;
  • Entrepreneur: a natural or legal person who offers products, (access to) digital content, and/or services to consumers at a distance;
  • Distance agreement: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for the sale of products, digital content, and/or services at a distance, using exclusively or partly one or more techniques for distance communication up to and including the conclusion of the agreement;
  • Model form for withdrawal: the form included in Annex I of these terms and conditions, which the entrepreneur is obliged to provide to the consumer in case of a distance agreement and a continuing agreement;
  • Techniques for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to meet each other in the same room at the same time.

Article 2 - Pehmea.nl

Stadsring 67, 3811HN Amersfoort
E-mail address: info@pehmea.nl
Chamber of Commerce number: 88468003
VAT identification number: NL864639259B01

Article 3 - Applicability


These general terms and conditions apply to any offer from the entrepreneur and to any distance agreement concluded between the entrepreneur and the consumer.

  • Voordat de overeenkomst op afstand wordt gesloten, wordt de tekst van deze algemene voorwaarden aan de consument beschikbaar gesteld. Indien dit redelijkerwijs niet mogelijk is, zal de ondernemer voordat de overeenkomst op afstand wordt gesloten, aangeven op welke wijze de algemene voorwaarden bij de ondernemer zijn in te zien en dat zij op verzoek van de consument zo spoedig mogelijk kosteloos worden toegezonden.
  • 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, the entrepreneur will, before the distance agreement is concluded, indicate how the general terms and conditions can be viewed at the entrepreneur and that they will be sent to the consumer free of charge upon request as soon as possible.
  • If the distance agreement is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph and before the distance agreement is concluded, be made available to the consumer electronically in such a way that it can be easily stored on a sustainable data carrier by the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.
  • In the event that specific product or service conditions are also applicable 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 him in the event of conflicting conditions.

Article 4 - The offer


If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

  • * The offer contains a complete and accurate description of the products, digital content, and/or services being offered. The description is sufficiently detailed to allow the consumer to make a good assessment of the offer. If the entrepreneur uses images, they are a true representation of the products, services, and/or digital content being offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
  • * Each 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.

Article 5 - The agreement

  • The agreement is concluded, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions attached thereto.
  • If the consumer has accepted the offer electronically, the entrepreneur will confirm receipt of the acceptance of the offer immediately by electronic means. Until the receipt of this acceptance has been confirmed by the entrepreneur, the consumer can terminate the agreement.
  • If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will provide a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
  • The entrepreneur is entitled, within the legal framework, to ascertain whether the consumer can meet his payment obligations and to assess all those facts and factors that are relevant for a responsible distance agreement. If the entrepreneur has good grounds for not entering into the agreement based on this research, he is entitled to refuse an order or request or to attach special conditions to the execution.
  • The entrepreneur will send the following information, in writing or in such a way that it can be easily stored on a durable data carrier by the consumer, at the latest upon delivery of the product, service, or digital content to the consumer:
  • the address of the entrepreneur's place of business where the consumer can go with complaints;
  • the conditions under which and the manner in which the consumer can make use of the right of withdrawal or a clear statement concerning the exclusion of the right of withdrawal;
  • information about guarantees and existing after-sales service;
  • the price including all taxes of the product, service, or digital content; if applicable, the costs of delivery; and the method of payment, delivery, or performance of the distance agreement;
  • the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
  • if the consumer has a right of withdrawal, the model withdrawal form.
  • In the case of a continuous transaction, the provisions in the previous paragraph only apply to the first delivery.

Article 6 - Right of withdrawal

  • The consumer can cancel an agreement regarding the purchase of a product within a period of reflection of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for the cancellation, but may not require the consumer to give his reason(s).
  • The period of reflection referred to 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:
  • if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided that he has informed the consumer about this in advance in a clear manner, refuse an order for multiple products with different delivery times.
  • if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;
  • in the case of agreements for regular delivery of products for a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

Article 7 - Obligations of the consumer during the reflection period

  • During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
  • The consumer is only liable for diminished value of the product resulting from a way of handling the product that goes beyond that permitted in paragraph 1.
  • The consumer is not liable for depreciation of the product if the entrepreneur did not provide him with all legally required information on the right of withdrawal before or at the conclusion of the contract.

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


  • If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the withdrawal period by means of the model withdrawal form or in another unambiguous manner.
  • As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to pick up the product himself. The consumer has complied with the return period in any case if he returns the product before the reflection period has expired.
  • The consumer returns the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  • The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  • The consumer bears the direct costs of returning the product. If the trader has not notified the consumer that the consumer must bear these costs or if the trader indicates to bear the costs himself, the consumer does not have to bear the costs of return shipment.
  • If the consumer revokes after having first expressly requested that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or certain quantity begin during the withdrawal period, the consumer shall owe the entrepreneur an amount proportional to that part of the commitment fulfilled by the entrepreneur at the time of revocation, compared to the full fulfillment of the commitment.
  • The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity, not made ready for sale in a limited volume or quantity, or to supply district heating, if:
  • the entrepreneur has not provided the consumer with the legally required information on the right of withdrawal, the cost reimbursement upon withdrawal or the model withdrawal form, or;
  • the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the withdrawal period.
  • The consumer shall not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium if:

he has not expressly consented, prior to its delivery, to the beginning of the performance of the contract before the end of the cooling-off period;
  • he has not acknowledged losing his right of withdrawal when giving his consent; or
  • the trader has failed to confirm this statement by the consumer.
  • 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

  • If the trader enables the consumer's notification of withdrawal by electronic means, he shall send a confirmation of receipt without delay after receiving this notification.
  • The entrepreneur reimburses all payments from 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 pick up the product himself, he may wait with refunding until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.
  • For reimbursement, the entrepreneur uses the same means of payment that the consumer has used, unless the consumer agrees to another method. The refund is free of charge to the consumer.
  • If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.

Article 10 - Exclusion of right of withdrawal

  • The trader can exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this when making the offer, or at least in good time before concluding the contract:
  • Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
  • Contracts concluded during a public auction. A public auction means a method of sale in which products, digital content and/or services are offered by the entrepreneur to consumers who attend or are given the opportunity to attend the auction in person, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
  • Service agreements, after full performance of the service, but only if:
  • the performance has begun with the express prior consent of the consumer; and
  • the consumer has stated that he loses his right of withdrawal once the entrepreneur has fully performed the contract;
  • Package tours as referred to in article 7:500 BW and contracts of passenger transport;
  • Service contracts for provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, carriage of goods, car rental services and catering;
  • Contracts relating to leisure activities, if the contract provides for a specific date or period of performance thereof;
  • Products manufactured according to consumer specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person;
  • Products that spoil quickly or have a limited shelf life;
  • Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
  • Products which after delivery are by their nature irrevocably mixed with other products;
  • Alcoholic beverages whose price was agreed upon at the conclusion of the contract, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
  • Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
  • Newspapers, magazines or periodicals, with the exception of subscriptions to these;
  • The delivery of digital content other than on a tangible medium, but only if:
  • the performance has started with the express prior consent of the consumer; and
  • the consumer has declared that he thereby loses his right of withdrawal.

Article 11 - The price

  • During the validity period mentioned 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.
  • 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 link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
  • Price increases within 3 months after the conclusion of the contract are only allowed if they result from statutory regulations or provisions.
  • Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:

a. they are the result of legal regulations or provisions; or

b. the consumer is authorized to terminate the contract on the day on which the price increase takes effect.

  • The prices mentioned in the offer of products or services include VAT.

Article 12 - Compliance with the agreement and additional warranty

  • The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of reliability and/or usability and the existing legal provisions and/or government regulations 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.
  • 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 to fulfill his part of the agreement.
  • Extra warranty means any commitment by the entrepreneur, his supplier, importer or manufacturer 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 to fulfill his part of the agreement.

Article 13 - Delivery and execution

  • The entrepreneur will take the greatest possible care when receiving and executing orders of products and in assessing applications for the provision of services.
  • The place of delivery is the address that the consumer has made known to the entrepreneur.
  • Subject to what is stated in article 4 of these general conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this within 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost and right to possible compensation.
  • After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
  • The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a previously designated and made known to the entrepreneur representative, unless otherwise expressly agreed.

Article 14 - Duration transactions: duration, termination and renewal

Termination:

The consumer may at any time terminate a contract that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, subject to agreed termination rules and a notice period not exceeding one month.

The consumer may terminate a fixed-term contract that was concluded for the regular delivery of products (including electricity) or services at any time at the end of the fixed term in compliance with the applicable termination rules and a notice period of up to one month.

The consumer can terminate the agreements mentioned in the previous paragraphs:

  • *  terminate at any time and not be limited to termination at a specific time or period;
  • terminate at least 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.

Renewal:

  • A contract entered into for a definite period of time, which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time.
  • Not withstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer can terminate this extended contract by the end of the extension with a notice period not exceeding one month.
  • A fixed-term contract that has been concluded for the regular supply of products or services may be tacitly renewed for an indefinite period of time only if the consumer may terminate it at any time with a notice period not exceeding one month. The notice period shall not exceed three months in case the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
  • A contract with a limited duration for the regular supply of trial days, 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:
  • 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 period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 - Payment

  • Unless otherwise specified in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days after the end of the cooling-off period, or in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period shall commence on the day after the consumer receives confirmation of the agreement.
  • When selling products to consumers, the consumer may never be required to pay in advance more than 50% in general terms and conditions. If advance payment has been agreed, the consumer shall have no right to demand performance of the order or service(s) in question until the agreed advance payment has been made.
  • The consumer has the obligation to immediately report any inaccuracies in the payment information provided or stated to the entrepreneur.
  • If the consumer fails to meet his payment obligations in a timely manner, after the entrepreneur has pointed out the late payment and has given the consumer a period of 14 days to still meet his payment obligations, the consumer shall be liable for the statutory interest on the outstanding amount and the entrepreneur is entitled to charge the consumer for the extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500; and 5% on the following € 5,000, with a minimum of € 40. The entrepreneur may deviate from the aforementioned amounts and percentages to the advantage of the consumer.

Article 16 - Complaints procedure

  • The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
  • Complaints about the implementation of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has found the defects.
  • 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 a notice of receipt and an indication of when the consumer can expect a more detailed answer.
  • 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 susceptible to the dispute settlement.

Article 17 - Disputes

  • To agreements between the entrepreneur and the consumer to which these general conditions relate, only Dutch law applies.

Article 18 - Additional or different provisions

Additional or different provisions of these general conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium.

Annex I: Model withdrawal form

Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract

To:

Pehmea B.V.
Stadsring 67
3811HN Amersfoort

I/We* hereby give notice that I/We* withdraw from my/our* contract of sale of
the sale of the following products:

the supply of the following digital content:

the provision of the following service:

revoked/withdrawn*

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

* Delete what does not apply or fill in what applies.