General Terms and Conditions
For the purposes of these terms and conditions:
- Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
- Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
- Day: calendar day;
- Extended duration transaction: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
- Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information;
- Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
- Entrepreneur: the natural or legal person who is a member of the Dutch Thuiswinkel Organization and offers products and/or services to consumers at a distance;
- Distance contract: a contract whereby, within the framework of a system organized by the trader for the distance sale of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication;
- Technique for distance communication: a means that can be used for concluding an agreement, without the consumer and the entrepreneur coming together in the same room at the same time;
BTW nr: 1808 56 364 B01
KVK 27302412 i
Article 2 - Identity of the economic operator
Name entrepreneur: AlohaSurf VOF
acting under the name/names: Surfers web shop
Location & visiting address:
Beach North 2b
2586ZZ Scheveningen - The Hague
Telephone number: 070 - 322 71 71
From Monday to Saturday from 09:30 am to 18:00 pm
Sunday from 9:30 a.m. to 6 p.m.
If the activity of the economic operator is subject to a relevant authorisation scheme: the details of the supervisory authority:
If the trader is engaged in a regulated profession:
- the professional association or organisation of which he is a member;
- the professional title, the place in the EU or the European Economic Area where it is awarded;
- a reference to the professional rules applicable in the Netherlands and indications of where and how these professional rules apply
Article 3 - Applicability
- These General Terms and Conditions apply to any offer made by the Entrepreneur and to any distance contract concluded between the Entrepreneur 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, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the operator's premises and they will be made available to the consumer as soon as possible at the consumer's request.
may be sent free of charge.
- 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 may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, before the distance contract is concluded,
indicate where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
- In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply by analogy and in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favourable to him.
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 offered products and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur
use of images are a true representation of the products and/or services 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 the acceptance of the offer. This concerns in particular:
- the price including taxes;
- the cost of delivery, if any;
- the manner 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 period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
- the level of the rate of distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
- whether the agreement is archived after the conclusion, and if so, how this can be consulted by the consumer;
- the manner in which the consumer, before concluding the contract, the data provided by him under the contract can be checked and, if desired, remedied;
- any other languages in which, in addition to Dutch, the agreement can be concluded;
- the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically;
- the minimum duration of the distance contract in the event of an ongoing transaction.
Article 5 - The Agreement
- The agreement shall, subject to the provisions of paragraph 4, be concluded when the consumer accepts the offer and meets the conditions set.
- If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
- If the agreement is concluded electronically, the trader shall take appropriate technical and organizational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate security measures.
- The entrepreneur can - within the legal framework - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.
- The Entrepreneur will include the following information with the product or service to the Consumer, in writing or in such a way that the Consumer can store it in an accessible manner on a durable medium:
- the visiting address of the establishment of the entrepreneur where the consumer can lodge complaints;
- the conditions under which and the manner in which the Consumer can exercise the right of withdrawal, or a clear statement about being excluded from the right of withdrawal;
- the information about guarantees and existing after-sales service;
- the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with this information prior to the execution of the agreement;
- the requirements for cancelling the contract if the contract has a duration of more than one year or is of indefinite duration;
- In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Right of withdrawal
On delivery of products:
- When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for a period of 14 days. This cooling off period commences on the day after receipt of the product by the consumer or a representative appointed by the consumer in advance and made known to the entrepreneur. The purchase amount will be returned excluding shipping costs. However, this does not apply to all sale or clearance sale products! If it concerns a sale product one will receive a too good (voucher).
- 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 assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will use the product with all delivered accessories and - if reasonably possible - return to the entrepreneur in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Upon delivery of services:
- When providing services, the consumer has the option of dissolving the agreement without giving any reason to dissolve for at least fourteen days, commencing on the day of entering into the agreement.
- In order to exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur in the offer and / or at the latest upon delivery.
Article 7 - Costs in case of revocation
- If the consumer exercises his right of withdrawal, he shall bear at most the costs of returning the goods.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 30 days after the return or withdrawal.
Article 8 - Exclusion of right of withdrawal
- The trader may exclude the consumer's right of withdrawal insofar as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least in good time before concluding the contract.
- Exclusion of the right of withdrawal is only possible for products:
- that have been brought about 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 individual newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
- of which the delivery has started with the Consumer's explicit consent before the cooling-off period has expired;
- concerning bets and lotteries.
Article 9 - The price
- During the period of validity 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.
- Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and on which the entrepreneur has no influence, with variable prices. This obligation to fluctuate and the fact that any prices quoted are target prices 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 statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
- they are the result of statutory regulations or provisions; or
- the consumer has the right to terminate the contract as of the day on which the price increase takes effect.
- The prices mentioned in the offer of products or services are inclusive of VAT.
Article 10 - Conformity and Warranty
- The entrepreneur guarantees that the products and / or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- A guarantee 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.
Article 11 - Delivery and execution
- The entrepreneur will take the greatest possible care in 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 company.
- Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery period has been agreed.
If the delivery is delayed, or if an order cannot or only partially be carried out, the consumer will receive notification of this no later than 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement free of charge and entitled to any compensation.
- In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
- If delivery of an ordered product turns out to be impossible, the entrepreneur will make every effort to make a replacement article available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
- The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously appointed and announced representative to the entrepreneur, unless otherwise expressly agreed.
Article 12 - Duration transactions: duration, termination and renewal
- The consumer may contract for an indefinite period of time and that extends to the regular delivery of services, terminate at any time subject to agreed termination rules and a notice of up to one month.
- The consumer may contract for an indefinite period and that extends to the regular delivery of services, at any time at the end of the fixed term denounce the agreed termination rules and a notice of up to one month.
- The consumer may terminate the agreements referred to in the previous paragraphs:
o terminate at any time and not be limited to termination at a specific time or in a specific period;
o at least terminate in the same way as they have been entered into by him;
o always terminate with the same notice as the trader has stipulated for himself.
- A contract entered into for a definite period of time for the regular provision of services may not be tacitly renewed or renewed for a definite period of time.
- Contrary to 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 period of up to three months, if the consumer at the end of the extension may terminate the contract with a notice of up to one month.
- A fixed-term contract that has been concluded for the regular supply of services may only be tacitly renewed for an indefinite period of time if the consumer may terminate at any time with a notice of up to one month and a notice of up to three months if the contract is for the regular supply of daily or weekly newspapers, newspapers, magazines and periodicals, but less than once a month.
- Agreements with a limited duration for the regular supply of daily newspapers, news and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall end automatically at the end of the trial or introductory period.
- 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 of up to one month, unless the reasonableness and fairness opposes termination before the end of the agreed term.
Article 13 - Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
- When selling products to consumers, a prepayment of more than 50% may never be stipulated in general terms and conditions. If 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.
- The consumer has the duty to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.
- In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs incurred in advance.
Article 14 - Complaints procedure
- The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has identified 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 foreseeable longer processing time, the trader will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
- A complaint about a product, service or the trader's service can also be submitted via a complaints form on the consumer page of the website.
- If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
Article 15 - Disputes
- Agreements between the entrepreneur and the consumer to which these general terms and conditions apply, are exclusively governed by Dutch law.
- Disputes between a consumer and a trader over the conclusion or execution of contracts relating to products and services to be supplied or to be supplied by this trader can, with due observance of the provisions set out below, be submitted by both the consumer and the trader to the Thuiswinkel Disputes Committee, P.O. Box 90600,
2509 LP in The Hague (www.sgc.nl).
- A dispute will only be dealt with by the Disputes Committee if the consumer has first submitted his complaint to the proprietor within a reasonable period of time.
- No later than three months after the dispute arose, the dispute must be submitted in writing to the Disputes Committee.
- If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice.
If the entrepreneur wants to do so, the consumer within five weeks after a written request made by the entrepreneur, in writing to pronounce whether he so desires or wants the dispute to be dealt with by the competent court. If the entrepreneur does not hear the consumer's choice within the period of five weeks, then the entrepreneur is entitled to submit the dispute to the competent court.
- The Disputes Committee pronounces its verdict under the conditions as laid down in the regulations of the Disputes Committee. The decisions of the Disputes Committee are made by means of a binding advice.
- The Disputes Committee will not deal with a dispute or discontinue the proceedings if the entrepreneur has been granted a suspension of payments, has gone bankrupt or has actually ceased his business activities, before a dispute has been dealt with by the committee at the session and a final decision has been given.
- If, in addition to the Thuiswinkel Disputes Committee, another Disputes Committee recognised or affiliated to the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid) is competent, the Thuiswinkel Disputes Committee is exclusively competent for disputes concerning primarily the method of distance selling or service provision. For all other disputes, the other acknowledged disputes committee affiliated with the SGC or Kifid.
Article 16 - Branch guarantee
- The Dutch Thuiswinkel Organization guarantees the observance of the binding advice of the Thuiswinkel Disputes Committee by its members, unless the member decides to submit the binding advice to the court for review within two months after it has been sent. This guarantee is revived, if the binding advice, after review by the court, has remained in force and the verdict showing this has become final and conclusive. Up to a maximum amount of € 10.000,- per binding advice, this amount will be paid to the consumer by the Dutch Thuiswinkel Organization. For amounts greater than € 10.000,- per binding advice, € 10.000,- will be paid out. For the excess, the Dutch Thuiswinkel Organization has a best-efforts obligation to ensure that the member complies with the binding advice.
- The application of this guarantee requires that the consumer makes a written appeal to the Dutch Thuiswinkel Organization and that he assigns his claim against the trader to the Dutch Thuiswinkel Organization.
If the claim on the trader exceeds € 10.000,-, the consumer will be offered to transfer his claim to the Dutch Thuiswinkel Organization, insofar as it exceeds the amount of € 10.000,-, after which this organization will request payment of this claim in court to the consumer in his own name and at his own expense.
Article 17 - Additional or different provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the consumer's detriment 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.