Terms of service

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 Renewal
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:

  • Cooling-off Period: the period within which the consumer can exercise their right of withdrawal.
  • Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
  • Day: a calendar day.
  • Duration Transaction: a distance contract relating to a series of products and/or services, for which the obligation to supply and/or receive is spread over time.
  • Durable Data Carrier: any means that enables the consumer or entrepreneur to store information directed to them personally, in a way that allows future consultation and unaltered reproduction of the stored information.
  • Right of Withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period.
  • Model Form: the model form for withdrawal that the entrepreneur provides, which a consumer can fill out if they wish to exercise their right of withdrawal.
  • Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers.
  • Distance Contract: an agreement in which, within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, exclusive use is made of one or more means of distance communication until the conclusion of the agreement.
  • Means of Distance Communication: a method that can be used to conclude an agreement without the consumer and entrepreneur being in the same place at the same time.
  • General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.


Article 2 - Identity of the Entrepreneur

Chéroy
Burgstraat 6
4283 GG Giessen
Netherlands

E: info@cheroy.nl
Chamber of Commerce: 75428873


Article 3 - Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
  2. 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, it will be indicated before the distance contract is concluded that the general terms and conditions are available at the entrepreneur’s premises and that they will be sent free of charge to the consumer upon request.
  3. If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph and before the distance contract is concluded, be provided to the consumer electronically in such a way that the consumer can store it on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be accessed electronically, and that they will be sent electronically or in another manner free of charge at the consumer’s request.
  4. If, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly, and the consumer may always invoke the applicable provision that is most favorable to them in case of conflicting conditions.
  5. If one or more provisions in these general terms and conditions are wholly or partially void or annulled at any time, the agreement and these conditions will otherwise remain in effect, and the relevant provision will be replaced in mutual consultation with a provision that approximates the original intent as closely as possible.
  6. Situations not regulated in these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.
  7. Any uncertainties regarding the interpretation or content of one or more provisions of these 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 validity period or is subject to conditions, this will be explicitly stated in the offer.
  2. The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
  3. The offer contains a complete and accurate description of the offered products and/or services. The description is detailed enough to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  4. All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
  5. Images accompanying products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
  6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns, in particular:
    • The price including taxes;
    • Any shipping costs;
    • The method by which the agreement will be concluded and which actions are necessary for this;
    • Whether or not the right of withdrawal applies;
    • The method of payment, delivery, and execution of the agreement;
    • The term for accepting the offer or the term within which the entrepreneur guarantees the price;
    • The level of the rate for distance communication if the costs of using the technology for distance communication are calculated on a different basis than the regular base rate for the used communication medium;
    • Whether the agreement is archived after its conclusion and, if so, how it can be accessed by the consumer;
    • The manner in which the consumer can check and, if desired, correct the information provided under the agreement before concluding the contract;
    • Any other languages in which, besides Dutch, the agreement can be concluded;
    • The codes of conduct the entrepreneur has submitted to and how the consumer can consult these codes electronically;
    • The minimum duration of the distance contract in case of a duration transaction.

Article 5 - The Agreement


The agreement is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the conditions set forth therein.

If the consumer accepts the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance of the offer electronically. Until the entrepreneur has confirmed the agreement, the consumer can cancel 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 ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur may, within legal frameworks, check whether the consumer can meet their payment obligations, as well as any facts and factors that are relevant for responsibly entering into the agreement at a distance. If the entrepreneur has good grounds not to enter into the agreement based on this investigation, they are entitled to refuse an order or request with justification or attach special conditions to the execution.

The entrepreneur will provide the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it on a durable data carrier in an accessible manner:

• The address of the entrepreneur’s establishment where the consumer can direct complaints;

• The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

• Information about warranties and existing post-purchase service;

• The information specified in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;

• The requirements for cancellation of the agreement if the agreement lasts for more than one year or is of indefinite duration.

In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

Each agreement is concluded under the suspensive condition of sufficient availability of the relevant products.


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Article 6 - Right of Withdrawal


For the delivery of products:


When purchasing products, the consumer has the right to cancel the agreement without providing any reason within 14 days. This reflection period starts the day after the consumer receives the product or a representative designated by the consumer and known to the entrepreneur.

During the reflection period, the consumer will handle the product and packaging with care. The product will only be unpacked or used to the extent necessary to determine whether the consumer wishes to keep the product. If the consumer exercises their right of withdrawal, they will return the product with all supplied accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

When the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The notification must be made using the model withdrawal form or by another communication method, such as by email. After notifying the entrepreneur of their intention to use the right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the goods were returned on time, for example, by providing proof of shipment.

If the consumer has not communicated their intention to use their right of withdrawal or returned the product after the timeframes mentioned in paragraphs 2 and 3, the purchase becomes final.


For the delivery of services:


When services are delivered, the consumer has the right to cancel the agreement without providing any reason for at least 14 days, starting from the day the agreement is concluded.

To exercise the right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur at the offer and/or at the latest upon delivery.


Article 7 - Costs in Case of Withdrawal


If the consumer exercises their right of withdrawal, the maximum cost of return shipment will be borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal, under the condition that the product has been received by the retailer or conclusive evidence of full return shipment is provided. The refund will be made using the same payment method used by the consumer unless the consumer explicitly agrees to a different payment method.

If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation of the product.

The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before the conclusion of the purchase agreement.


Article 8 - Exclusion of the Right of Withdrawal


The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur clearly stated this in the offer, at least before the agreement is concluded.

Exclusion of the right of withdrawal is only possible for products:

• Made by the entrepreneur according to the consumer’s specifications;

• Clearly personal in nature;

• That cannot be returned due to their nature;

• That may spoil or age quickly;

• Whose price is dependent on fluctuations in the financial market which the entrepreneur cannot influence;

• For single 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.


Exclusion of the right of withdrawal is only possible for services:

• Concerning accommodation, transport, catering, or leisure services to be provided on a specific date or during a specific period;

• Where the delivery has started with the express consent of the consumer before the reflection period has expired;

• Concerning bets and lotteries.



Article 9 - The Price


Throughout the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

In deviation from the previous paragraph, the entrepreneur may offer products or services with variable prices whose prices are linked to fluctuations in the financial market, over which the entrepreneur has no control. These fluctuations and the fact that the listed prices are indicative will be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.

Price increases after 3 months from the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:

• They are the result of legal regulations or provisions; or

• The consumer has the right to terminate the agreement from the day the price increase takes effect.

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

All prices are subject to printing and typing errors. The entrepreneur accepts no liability for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.


Article 10 - Conformity and Warranty

The entrepreneur warrants that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the applicable laws and government regulations in force on the date the agreement is concluded. If agreed upon, the entrepreneur also warrants that the product is suitable for uses other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert based on the agreement against the entrepreneur.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of delivery. The return of the products must be made in the original packaging and in new condition.

The warranty period of the entrepreneur corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the final suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

• The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;

• The delivered products have been exposed to abnormal conditions or have been treated carelessly or contrary to the instructions of the entrepreneur and/or as stated on the packaging;

• The defect is entirely or partially due to government regulations regarding the nature or quality of the materials used.


Article 11 - Delivery and Execution

The entrepreneur will exercise the utmost care when receiving and executing orders for products and assessing requests for the provision of services.

The delivery address is the address provided by the consumer to the company.

Subject to the provisions of paragraph 4 of this article, the company will execute accepted orders with due speed, but no later than 30 days, unless the consumer agrees to a longer delivery time. If delivery is delayed or if an order cannot be fully or partially executed, the consumer will be notified within 30 days after placing the order. In such a case, the consumer has the right to cancel the agreement without charge. The consumer has no right to compensation.

All delivery times are indicative. The consumer cannot derive any rights from any mentioned delivery periods. Exceeding a period does not give the consumer the right to compensation.

In the event of cancellation 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 14 days after cancellation.

If delivery of an ordered product proves impossible, the entrepreneur will make efforts to provide a replacement item. No later than upon delivery, it will be clearly and understandably communicated that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of a potential return shipment are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until delivery to the consumer or a representative appointed and known to the entrepreneur, unless expressly agreed otherwise.


Article 12 - Duration Transactions: Duration, Termination, and Extension


Termination

The consumer can terminate an agreement that has been entered into for an indefinite period and relates to the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a maximum notice period of one month.

The consumer can terminate an agreement that has been entered into for a definite period and relates to the regular delivery of products (including electricity) or services, at any time, at the end of the definite period, subject to the agreed termination rules and a maximum notice period of one month.

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

• At any time, without being limited to termination at a certain time or within a specific period;

• At least in the same manner as they were entered into by the consumer;

• Always with the same notice period as the entrepreneur has agreed for themselves.


Extension

An agreement entered into for a definite period and relating to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific duration.

Notwithstanding the previous paragraph, an agreement entered into for a definite period and relating to the regular delivery of daily, weekly, or monthly newspapers and magazines may be tacitly extended for a specific period of up to three months, provided that the consumer can terminate the extended agreement at the end of the extension with a notice period of no more than one month.

An agreement entered into for a definite period and relating to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate the agreement at any time with a notice period of no more than one month and a notice period of no more than three months in the case of regular deliveries of newspapers and magazines less than once a month.

An agreement for a limited duration, for regular delivery of daily, weekly, or monthly newspapers and magazines (trial or introductory subscription), will not be tacitly continued and will automatically terminate at the end of the trial or introductory period.


Duration

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 agreed duration ends.



Article 13 - Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 days after the start of the reflection period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this term starts after the consumer has received confirmation of the agreement.

The consumer is obligated to immediately report any inaccuracies in provided or stated payment details to the entrepreneur.

In the event of non-payment by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge reasonable costs, which were previously communicated to the consumer.


Article 14 - Complaints Procedure

The entrepreneur has an adequately communicated complaint procedure and handles complaints in accordance with this procedure.

Complaints about the execution of the agreement must be submitted in full and clearly described to the entrepreneur within 2 months after the consumer has detected the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved through mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

In the event of complaints, the consumer should first contact the entrepreneur. If the online store is a member of Stichting WebwinkelKeur and the complaints cannot be resolved through mutual agreement, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate for free. Check if the store has an active membership through this link. If a solution is still not reached, the consumer can submit the complaint to the independent dispute commission appointed by Stichting WebwinkelKeur. The decision of this commission is binding, and both the entrepreneur and consumer agree to abide by this decision. The costs of submitting the complaint to the dispute commission must be paid by the consumer.

It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).

A complaint does not suspend the entrepreneur’s obligations unless explicitly stated otherwise by the entrepreneur.

If a complaint is deemed valid by the entrepreneur, the entrepreneur will either replace or repair the delivered products free of charge, at their discretion.



Article 15 - Disputes

Agreements between the entrepreneur and the consumer to which these terms and conditions apply are exclusively governed by Dutch law. This also applies if the consumer resides abroad.

The Vienna Sales Convention does not apply.


Article 16 - Additional or Deviating Provisions

Additional or deviating provisions from these terms and conditions may not be to the detriment of the consumer and must be laid down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.


CONTACT DETAILS

For inquiries, you can contact our team at Chéroy via info@cheroy.nl.