- Distance contract: an agreement that is concluded between the entrepreneur and the consumer as part of an organized system for the distance selling of products, digital content and/or services, whereby, up to and including the moment at which the agreement is concluded, sole or joint use is made of one or more techniques for distance communication;
- Model form for withdrawal: the European model form for revocation included in Appendix I to these terms and conditions
- Technique for distance communication: means that can be used for the conclusion of a contract, without the consumer and entrepreneur having to be together in the same room at the same time
Article 2 - Identity of the entrepreneur
Name of entrepreneur: Epicurius v. o.f., Hereinafter to be called Epicurius
Locating address: Korenmolen 106, 3481AX Harmelen
Telephone number: +31(0)85004
Corporate Chamber of Commerce: 75549840
VAT no. NL860319994B01
Article 3 - Applicability
- These general terms and conditions apply to every offer made by the trader and to every distance contract that is concluded between the trader and the consumer.
- Before the distance contract 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 shall, before concluding the distance contract, indicate in what way the General Terms and Conditions can be inspected at the Entrepreneur's premises and that, at the Consumer's request, they will be sent to the Consumer free of charge as soon as possible.
- If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer in electronic form in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance selling agreement, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in some other way.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and, in the event of conflicting conditions, the consumer can always invoke the applicable provision that is most favourable to him/her.
Article 4 - The offer
- If an offer has a limited 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 offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a true reflection of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5 - The agreement
- Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions laid down.
- If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
- If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will observe appropriate security measures.
- The entrepreneur may, within legal limits, inform the consumer about his ability to meet his payment obligations as well as about all those facts and factors which are important for a sound conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
- No later than upon delivery of the product, service or digital content, the entrepreneur will send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
- the visiting address of the Entrepreneur's business establishment where the Consumer may get into contact for any complaints;
- the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information on guarantees and existing after-sales service;
- the price, including all taxes, of the product, service or digital content;
- insofar as applicable, the cost of delivery and the method of payment, delivery or performance of the distance contract;
- the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite;
- if the consumer has a right of withdrawal, the model form for withdrawal.
- In the event of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
- The consumer can dissolve an agreement with regard to the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to state his reason(s). The trader may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with a different delivery time.
- if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
- in case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
- If the entrepreneur provided the consumer with the information referred to in the previous paragraph within twelve months after the start date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received this information.
Article 7 - Obligations of the consumer during the cooling-off period
- 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 determine the nature, characteristics and operation of the product. The basic assumption here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
- The consumer is only liable for the decrease in value of the product which is the result of a manner of handling the product that goes beyond what is permitted in paragraph 1.
- The consumer is not liable for any diminished value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the time of the conclusion of the contract.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
- If the consumer makes use of his right of withdrawal, he shall notify the trader of this within the cooling-off period by means of the model withdrawal form or in any other unambiguous manner.
- Soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer sends the product back, or hand it over to (an authorised representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
- The consumer shall return the product with all delivered accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and the 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 entrepreneur has not notified the consumer that he has to bear these costs or if the entrepreneur has indicated that he has to bear the costs himself, the consumer does not have to bear the costs of return shipment.
- If the consumer withdraws after first having explicitly requested that the provision of the service or the supply of gas, water or electricity which are not prepared for sale in a limited volume or set quantity shall commence during the withdrawal period, the consumer shall owe the entrepreneur an amount which is proportionate to that part of the commitment which has been fulfilled by the entrepreneur at the time of withdrawal as compared to the full fulfilment of the commitment.
- The consumer shall not bear any cost for the complete or partial delivery of digital content not supplied on a tangible medium if:
- he has not expressly consented to the commencement of performance of the contract before the end of the cooling-off period prior to its delivery;
- he has not acknowledged losing his right of withdrawal when giving his consent; or
- the trader has failed to acknowledge the consumer's declaration.
Article 9 - Obligations of the trader in the event of withdrawal
- If the consumer makes use of his right of withdrawal, all supplementary contracts will be cancelled by operation of law.
- If the trader makes it possible for the consumer to withdraw electronically, he will send an acknowledgement of receipt without delay after receiving this notification.
- The entrepreneur shall reimburse all payments made by 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 collect the product himself, he may wait with repayment until he has received the product or until the consumer demonstrates that he has returned the product, whichever comes first.
- For repayment the entrepreneur shall use the same means of payment that the consumer has used, unless the consumer agrees to a different method.
Article 10 - Exclusion of the right of withdrawal
- If the Consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the Entrepreneur is not required to reimburse the additional costs for the more expensive method.
- The trader can exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract:
- Products or services of which the price is linked to fluctuations on the financial market over which the entrepreneur has no influence and which can occur within the withdrawal period
- Agreements concluded at a public auction. A public auction is defined as a method of sale whereby products, digital content and/or services are offered by the trader to the consumer who attends or is given the opportunity to attend the auction in person, under the direction of an auctioneer, and whereby the successful bidder is bound to purchase the products, digital content and/or services;
- Service contracts, after full performance of the service, but only if:
- the execution has started with the consumer's explicit prior consent; and
- the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has completely executed the contract;
- Service contracts for the 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 for the provision of leisure services, if the contract provides for a specific date or period of performance;
- Products made to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision made by the consumer, or which are clearly intended for a specific person;
- Products which spoil quickly or have a limited shelf life;
- Sealed products which for reasons of health protection or hygiene are not suitable for return and whose seal has been broken after delivery;
- Products which after delivery by their nature are irrevocably mixed with other products;
- Alcoholic beverages, the price of which has been agreed upon at the conclusion of the contract, but the delivery of which can only take place after 30 days, and the actual value of which is dependent on fluctuations in the market over which the entrepreneur has no influence;
- sealed audio, video recordings and computer software, of which the seal has been broken after delivery;
- Newspapers, magazines or periodicals, with the exception of subscriptions to these
- The supply of digital content other than on a tangible medium, but only if:
- the execution has started with the consumer's explicit prior consent; and
Article 11 - The price
- the consumer has declared that he thereby loses his right of withdrawal.
- During the period of validity 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 trader may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the trader's control, at variable prices. This link to fluctuations and the fact that any prices mentioned are recommended prices will be stated with the offer.
- Prices increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated it and:
- they are the result of statutory regulations or provisions; or
- the consumer is authorised to terminate the contract on the day on which the price increase takes effect.
- The prices stated in the offer of products or services include VAT. Article 12 - Performance of the agreement and additional guarantee
- The entrepreneur guarantees that the products and/or services comply with the agreement, with the specifications stated in the offer, with the reasonable requirements of reliability and/or serviceability and with the existing statutory provisions and/or government regulations on the date that the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- Any additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer shall never limit the legal rights and claims that the consumer may assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfil his part of the agreement.
Article 13 - Delivery and execution
- Extra guarantee means any commitment from the entrepreneur, his supplier, importer or producer 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 fulfil his part of the agreement.
- The entrepreneur will take the greatest possible care when receiving and executing product orders and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the entrepreneur.
- With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with convenient speed but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this within 30 days after he has placed the order. The consumer in that case has the right to terminate the contract without penalty and the right to any compensation.
- After termination in accordance with the preceding paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
Article 14 - Duration transactions: duration, cancellation and renewalCancellation:
- The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a previously designated and known to the entrepreneur representative, unless otherwise expressly agreed.
- The consumer may terminate a contract which has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of up to one month.
- The consumer may terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a period of notice that does not exceed one month.
- The consumer can terminate the agreements mentioned in the previous paragraphs:
- cancel at any time and not be limited to cancellation at a specific time or in a specific period;
- at least cancel in the same way as they were entered into by the entrepreneur;
- always cancel with the same notice period as the entrepreneur has stipulated for himself.
- A contract for a definite period, which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.
- In departure from the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers or magazines may be tacitly renewed for a maximum period of three months, if the consumer has the right to terminate this renewed contract before the end of the renewal period, with a period of notice that does not exceed one month.
- A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically prolonged for an indefinite period of time if the consumer has the right to terminate at any time with a period of notice that does not exceed one month. The term of notice may not exceed three months if the contract is for the regular, but less than once a month, delivery of daily or weekly newspapers and magazines.
Article 15 - Payment
- If a contract has a duration of more than one year, the consumer may, after one year, terminate the contract at any time with a notice period of up to one month, unless reasonableness and fairness dictate otherwise.
- Unless otherwise stated in the agreement or supplementary conditions, the amounts payable by the consumer should be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days of the conclusion of the agreement. In case of an agreement for the provision of a service, this period shall start on the day after the consumer has received the confirmation of the agreement.
- When selling products to consumers, the consumer may never be required in general terms and conditions to pay more than 50% in advance. When an advance payment has been stipulated, the consumer may not assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
Article 16 - Complaints procedure
- If the consumer does not timely fulfill his payment obligation(s), he is, after being notified by the entrepreneur of the late payment and the entrepreneur has given the consumer a period of 14 days to fulfill his payment obligations, If payment has not been made within this 14-day period, the consumer will owe statutory interest on the amount owing, and the entrepreneur has the right to charge extrajudicial collection costs. These collection costs amount to a maximum of: 15% over amounts outstanding up to € 2500; 10% over the next € 2500; and 5% over the next € 5000, with a minimum of € 40. The proprietor can deviate from the aforesaid amounts and percentages in favour of the consumer.
- The proprietor has a sufficiently publicised complaints procedure and deals with the complaint in accordance with this complaints procedure.
- Complaints about the execution of the agreement have to be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
- Complaints submitted to the entrepreneur shall be answered within a period of 14 days counted from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
- A complaint about a product, a service or the Entrepreneur's service can also be submitted via a complaints form on the consumer page of the website of Stichting Webshop Keurmerk http://keurmerk. info/Home/MisuseOfComplaint) The complaint will then be sent both to the merchant in question and to Stichting Webshop Keurmerk.
- If the complaint cannot be solved in mutual consultation within a reasonable period of time or within 3 months after the complaint was submitted, a dispute arises that is subject to the dispute settlement procedure.