General Terms and Conditions

CONTENTS

Article 1  - Definitions                                                   
Article 2  - The Entrepreneur’s identity                          
Article 3  - Applicability                                                 
Article 4  - The offer                                                     
Article 5  - The agreement                                                       
Article 6  - Right of withdrawal                                     
Article 7  - Consumer’s obligations during the reflection period                         
Article 8  - Exercising the Consumer’s right of withdrawal and the costs           
Article 9  - Entrepreneur’s obligation in case of withdrawal
Article 10 - Exclusion of the right of withdrawal            
Article 11 - The price                                        
Article 12 - Compliance and extra guaranty                             
Article 13 - Delivery and execution                                
Article 14 - Continuing performance contract: duration, termination and extension
Article 15 - Payment                                                    
Article 16 - Complaints procedure                                
Article 17 - Disputes                                                                             
Article 18 - Additional or varying provisions

Article 1 – Definitions

In these Terms and Conditions, the following terms shall have the following meanings:

1. Additional agreement: an agreement in which the Consumer acquires products, digital content and/or services with respect to a distance agreement   and these goods, digital content and/or services are delivered by the         Entrepreneur or a third party on the basis of an arrangement between this    third party and the Entrepreneur;
2. Reflection period: the period during which the Consumer may use his right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period;
7. Sustainable data carrier: any means, including email, that allow the Consumer or the Entrepreneur to store information directed to him/her          personally in such a manner that makes future consultation and use possible     during a period that matches the purpose for which the information is       destined and which makes unaltered reproduction of the stored information      
8. Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period;
9. Entrepreneur: the natural of legal person who is a member of Stichting Webshop Keurmerk and who provides products, (access to) digital content        and or services to Consumers at a distance;
10. Distance contract: a contract concluded by the Entrepreneur and the Consumer within the scope of an organised system for distance selling          products, digital content and/or services, whereby exclusive or additional           use is made of one or more technologies of distance communication up to the     conclusion of the contract;
11. Standard form for withdrawal: the European standard form for        withdrawal included in Appendix 1;
12. Technology for distance communication: a means to be used for concluding an agreement without the Consumer and the Entrepreneur being          together in the same place at the same time.      

Article 2 – The Entrepreneur’s identity

V.O.F. Grail
Nieuwstraat 13
6211 CR Maastricht

Telephone:                                         +31 43 3030150

                                                        
Bereikbaar op:

• Tuesday                     11.00-18.00
• Wednesday                 11.00-18.00
• Thursday                    11.00-18.00
• Friday                        11.00-18.00
• Saturday                    12.00-17.00
• Sunday                      12.00-17.00

Email:                                             [email protected]
Chamber of commerce number:         67993583
VAT Number:                                   NL857257456B01

If the Entrepreneur’s activity is subject to a relevant licensing regime: information about the supervising authority;

If the Entrepreneur practises a regulated profession:

−       the professional association or professional organisation of which he is a           member;
−       the title of his profession, the place in the EU or in the European Economic          Area     where it is awarded;
−       a reference to the rules of professional practice which are applicable in the         Netherlands and information about where and how these rules of professional     practice            can be accessed.

Article 3 – Applicability

1. These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the          Consumer.
2. Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available free of charge and as soon as       possible. If this is reasonably impossible, the Entrepreneur shall indicate in            what way the General Terms and conditions can be inspected and that they    will be sent free of charge if so requested, before the distant contract is            concluded.  
3. If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the    distance contract is concluded, may also be supplied to the Consumer      electronically in such a way that the Consumer can easily store it on a long-        term data carrier. If this is reasonably impossible, it will be specified where            the General Terms and Conditions can be viewed electronically and that they       will be sent to at the      Consumer´s request free of charge, either via electronic means or otherwise, before concluding the distance contract;
4. In the event that specific product or service condition apply in addition to these General Terms and Conditions, the second and third paragraphs shall          apply accordingly, and in the event of contradictory terms and conditions, the Consumer may always appeal to the applicable provision that is most   favourable to him/her.

Article 4 – The offer

1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
2. The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable     the Consumer to assess the products, or services and/or digital content    adequately. If the Entrepreneur makes use of pictures, they are truthful        images of the products and/or services provided. Obvious errors or mistakes       in the offer do not bind the Entrepreneur.
3. All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.

Article 5 – The contract

1. Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
2. If the Consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm receipt of having accepted the offer via electronic     means. As long as the receipt of said acceptance has not been confirmed, the      Consumer may repudiate the contract.
3. If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organisational security measures for the electronic          data transfer and ensure a safe web environment. If the Consumer can pay       electronically, the Entrepreneur shall observe appropriate security measures.
4. The Entrepreneur may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, and all facts and factors        relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Entrepreneur has sound reasons for not    concluding the contract, he is lawfully entitled to refuse an order or request        supported by reasons, or to attach special terms to the implementation.
5. Before delivering the product, the Entrepreneur shall send the following information along with the product, the service or the digital content in writing          or in such manner that the Consumer can store it in an accessible manner on    a long-term data carrier:         
            a. the visiting address of the Entrepreneur´s business establishment where        the Consumer may get into contact with any complaints;        
            b. the conditions on which and the manner in which the Consumer may             exercise the right of withdrawal, or, as the case may be, clear information about his being exempted from the right of withdrawal;   
            c. the information corresponding to existing after-sales services and       guarantees;
            d. The price including all taxes of the product, service or digital content, where applicable the delivery costs and the way of payment, delivery or          implementation of the distance contract;
6. the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.
7. the standard form for withdrawal if the Consumer has the right of withdrawal.
8. In case of a continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal

In case of products:

1. The Consumer can repudiate a purchase contract for a product without giving reasons for a period of reflection of at least 14 days. The Entrepreneur          may   ask the Consumer about the reason for the withdrawal but cannot force   him to state his reason(s).
2. The reflection period referred to in sub-clause 1 starts on the day the product is received by the Consumer or by a third party appointed by him in advance           and who is not the carrier, or
   1. if the Consumer ordered several products in the same order: the day on which the Consumer or a third party appointed by him received the                  last product. The Entrepreneur may refuse an order of several products                      with different delivery dates provided that he clearly informs the                                Consumer prior to the order process.
   2. in case the delivery of a product consists of several batches or parts: the day on which the Consumer or a third party appointed by him              received the last batch or the last part.
   3. in case of an agreement about regular delivery of products during a given period: the day on which the Consumer or a third party appointed         by him received the first product.

In case of services and digital content that is not delivered on a physical carrier:

3. The Consumer can terminate an agreement for services or an agreement for delivery of digital content that is not delivered on a physical carrier          without giving reasons during at least 14 days. The Entrepreneur may ask         the Consumer about the reason for the withdrawal but cannot force him to         state his reason(s).
4. The reflection period referred to in Article 3 starts on the day following the conclusion of the agreement.

Extended reflection period for products, services and digital content that has not been delivered on a physical carrier in case no information is given about the right of withdrawal:

5. If the Entrepreneur has not provided the Consumer with the legally required information about the right of withdrawal or has not provided the standard     form for withdrawal, the reflection period expires twelve months after the end of the original reflection period in accordance with the reflection period         determined in the previous sub-clauses of this Article.
6. If the Entrepreneur provided the Consumer with the information referred to in the previous article within twelve months after the starting day of the          original period of reflection, the period of reflection expires 14 day after the           day on which the Consumer received the information.

Article 7 – Consumer’s obligations during the time of reflection

1. During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent          necessary for establishing the nature, the characteristics and the effect of the        The guiding principle is that the Consumer may only handle and inspect the product in the manner in which one is allowed to handle a product      in a shop.
2. The Consumer is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than          allowed in sub-section 1.
3. The Consumer is not liable for the decrease in value of the product if the Entrepreneur has not provided him with all legal information about the right of withdrawal before concluding the Agreement.

Article 8 – Exercising the Consumer’s right of withdrawal and the costs

1. If the Consumer exercises his right of withdrawal he shall notify the Entrepreneur unambiguously with the standard form for withdrawal within the     period of reflection.
2. The Consumer shall return the product or deliver it to (the authorized representative of) the Entrepreneur as soon as possible but within 14 days          counting from the day following the notification referred to in sub-clause 1.        This need not be done if the entrepreneur offered to collect the product          The Consumer observed the period of returning the product in any        event if the product is returned before the expiration of the period of          reflection.
3. The Consumer shall return the product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with            reasonable and clear instructions given by the Entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Consumer.
5. The Consumer shall bear the direct costs of returning the product. If the Entrepreneur has not reported that the Consumer has to bear these costs or if    the Entrepreneur pointed out that he will bear the costs himself, the           Consumer need not pay the cost of returning the product.
6. If the Consumer withdraws after having first explicitly requested that the performance of a service or the supply of gas, water or electricity having not   been made ready for sale not be started in a limited volume or given quantity        during the period of reflection, the Consumer shall pay the Entrepreneur an           amount that is equal to the part of the obligation already         performed at    the       time of withdrawal as compared with the full compliance of the        
7. The Consumer does not bear the costs for performing services for the supply of water, gas or electricity that had not been made ready for sale in a limited      volume or quantity, or for the supply of district heating if
   1. the Entrepreneur has not provided the Consumer with the statutorily required information about the right of withdrawal, the compensation of                      costs in case of withdrawal or the standard form for withdrawal, or
   2. if the Consumer has not explicitly requested that the performance of the service or the supply of gas, water and electricity or district heating             be started during the period of reflection.
   3. The Consumer does not bear any cost for the full or partial delivery of digital content not stored on a physical carrier if
   4. prior to the delivery, he has not explicitly consented to start                         performance of the agreement before the end of the period of reflection;
   5. he did not acknowledge to lose his right of withdrawal when giving consent; or
   6. the Entrepreneur failed to confirm the Consumer’s statement.
8. If the Consumer exercises his right of withdrawal, all additional agreements end by operation of law.

Article 9 – Entrepreneur’s obligations in case of withdrawal

1. If the Entrepreneur makes the notification of withdrawal by electronic means possible, he shall promptly send a return receipt.
2. The Entrepreneur shall reimburse all payments made by the Consumer, including any delivery costs that the Consumer may charge for the returned product, as soon as possible but within 14 days following the day on which       the Consumer notified him of the withdrawal. Unless the Entrepreneur offers          to collect the product himself, he can wait with paying back until having    received the product or until the Consumer proved that he returned the     product, whichever occurs first.
3. The Entrepreneur shall make use of the same means of payment that the Consumer used, unless the Consumer consents to another method. The    reimbursement is free of charge for the Consumer.
4. If the Consumer opted for a more expensive method of delivery instead of the cheapest standard delivery, the Entrepreneur need not reimburse the          additional costs for the more expensive method.  

Article 10 - Exclusion of the right of withdrawal

The Entrepreneur can exclude the following products and services from the right of withdrawal but only if the Entrepreneur notified this clearly when making the offer or at any rate in good time before concluding the agreement:

1. Products or services with a price that is subject to fluctuations in the financial market on which the Entrepreneur has no influence and which may          occur within the period of withdrawal;
2. Agreements that are concluded during a public auction. A public auction is defined as a selling method whereby the Entrepreneur offers products, digital           content and/or services to the Consumer who is personally present or has the             possibility to be personally present at the auction under the direction of an          auctioneer and whereby the successful bidder is obliged to purchase the          products, the digital content and/or the services.
3. Services agreements, after full performance of the service, but only if
4. the performance started with the Consumer’s explicit prior consent; and
5. the Consumer stated that he will lose his right of withdrawal as soon as                the Entrepreneur has fully performed the agreement.
6. Services agreements for making accommodation available when a certain period of implementation is provided and other than for residential          purposes, goods transports, car rental services and catering;
7. Agreements related to leisure activities when a certain date or period of performance is arranged in the agreement;
8. Products manufactured in accordance with the Consumer’s specifications which are not prefabricated and which are produced on the basis of a       Consumer’s individual choice or decision or which are intended for a specific      person;
9. Perishable products or products with a limited durability.
10. Sealed products which are for health or hygiene reasons not suitable for being returned and of which the seal was broken;
11. Products which for their nature are irreversibly mixed with other products;
12. Alcoholic drinks of which the price has been agreed upon at the conclusion of the agreement but of which the delivery can take place only after 30 days,           and whose real value depends on fluctuations in the market which the      Entrepreneur cannot affect.
13. Sealed audio and video recordings and computer programs of which the seals were broken after delivery;
14. Newspapers, periodicals or magazines, with the exception of subscriptions to them;
15. The delivery of digital content other than on a physical carrier, but only if:          the performance was started with the Consumer’s explicit prior                consent;
16. the Consumer stated that he will lose his right of withdrawal by doing                   so.

Article 11 - The price

1. The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to      changes in VAT rates.
2. Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control, at variable prices. The offer will state         the possibility of being subject to fluctuations and the fact that any indicated         prices are target prices.
3. Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.
4. Price increases from 3 months after concluding the contract are permitted only if the Entrepreneur has stipulated it and
5. they are the result of legal regulations or stipulations, or
6. the Consumer has the authority to cancel the contract before the day on               which the price increase starts.
7. All prices indicated in the provision of products or services are including VAT.

Article 12 – Performance of an agreement and extra Guarantee

1. The Entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable          requirements of usability and/or reliability and with the existing statutory             provisions and/or government regulations on the day the contract was   concluded. If agreed, the Entrepreneur also guarantees that the product is         suitable for other than normal use.
2. An extra guarantee offered by the Entrepreneur, his Supplier, Manufacturer or Importer shall never affect the rights and claims the Consumer may exercise       against the Entrepreneur about a failure in the fulfilment of the Entrepreneur’s       obligations if the Entrepreneur has failed in the fulfilment of his part of the   agreement.
3. ‘Extra guarantee’ is taken to mean each obligation by the Entrepreneur, his Supplier, Importer or Manufacturer in whom he assigns certain rights or      claims to the Consumer that go further than he is legally             required in case he       fails in the compliance with his part of the agreement.

Article 13 – Delivery and execution

1. The Entrepreneur shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the          provision of services.
2. The place of delivery is at the address given by the Consumer to the Entrepreneur.
3. With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders with          convenient speed but at least within 30 days, unless another delivery period       was agreed on. If the delivery has been delayed, or if an order cannot be      filled or    can be filled only partially, the Consumer shall be informed about this   within one month after ordering. In such cases, the Consumer is entitled to    repudiate the contract free of charge and with the right to possible            compensation.
4. After repudiation in conformity with the preceding paragraph, the Entrepreneur shall return the payment made by the Consumer promptly but          at least within 30 days after repudiation.
5. The risk of loss and/or damage to products will be borne by the Entrepreneur until the time of delivery to the Consumer or a representative appointed in     advance and made known to the Consumer, unless explicitly agreed    otherwise.  

Article 14 – Continuing performance agreements: duration, termination and renewal

Termination
1.      The Consumer may at all times terminate a contract that was concluded for       an indefinite time and which extends to the regular delivery of products     (including electricity) or services, with due observance of the termination   rules and subject to not more than one month’s notice.
2.      The Consumer may at all times terminate a contract that was concluded for a    specific time and which extends to the regular delivery of products (including    electricity) or services at the end of the specific period, with due observance          of the termination rules and a subject to not more than one month’s notice.
3.      The Consumer can cancel the agreements mentioned in the preceding    paragraphs:
         -        at any time and not be limited to termination at a particular time or in a                given period;   
         -        at least in the same way as they were concluded by him; 
         -        at all times with the same notice as the Entrepreneur stipulated for                        himself.
Extension
4.      An agreement concluded for a definite period which extends to the regular          delivery of products (including electricity) or services may not be          automatically extended or renewed for a fixed period.    
5.      Notwithstanding the preceding paragraph, a contract for a definite period          which extends to the regular delivery of dailies, newspapers, weekly          newspapers and magazines, may tacitly be renewed for specific period of          three months at the most if the Consumer can terminate this extended          agreement towards the end of the extension with a notice of one month at the    most.  
6.      An agreement concluded for a definite period and which extends to the   regular delivery of products or services may only be extended tacitly for an          indefinite period if the Consumer can cancel it at any time with a notice of one     month. The notice is three months at the most in vase the contract is about          a delivery of dailies, newspapers and weeklies and magazines occurring   regularly but less than once a month.  
7.      An agreement with limited duration of regular delivery of trial dailies,       newspapers, weeklies and magazines (trial or introductory subscription) is not    renewed tacitly and ends automatically after the trial or introductory period.
Duration

8. If the duration of a contract is more than one year, the Consumer may terminate the contract at any time after one year with a notice of not more than one month, unless reasonableness and fairness resist the termination        before the end of the agreed term.

Article 15 – Payment

1. Unless otherwise stipulated in the agreement or in the additional conditions, the amounts to be paid by the Consumer must be settled within 14 days after    the period of reflection, or if there is no period of reflection within 14 days after concluding the agreement. In case of an agreement to provide a service,     this period starts on the day that the Consumer received the confirmation of         the agreement.
2. When selling products to Consumers, it is not permitted to negotiate an advance payment of more than 50% in the General Terms and Conditions. If an advance payment was agreed, the Consumer may not assert any right      regarding the execution of the order in question or the service(s) in          question before making the agreed advance payment.
3. The Consumer has the duty to inform the Entrepreneur promptly of possible inaccuracies in the payment details that were given or specified.
4. In case the Consumer has not complied with his payment obligation(s) in time, and the Entrepreneur has pointed out to him that the payment was late      and allowed the Consumer a period of 14 days to comply with the payment          obligations, the Consumer is to pay the statutory interest on the amount payable and the Entrepreneur is entitled to charge the Consumer with any            extrajudicial collection costs. These extrajudicial collection costs amount to no      more than 15% for outstanding amounts up to € 2,500, 10% for the following           € 2,500 and 5% for the following € 5000, with a minimum of € 40. The    Entrepreneur may deviate from the aforementioned amounts and percentages            in favour of the Consumer.

Article 16 – Complaints procedure

1. The Entrepreneur shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint    procedure.
2. Complaints about the performance of the contract shall be submitted fully and clearly described to the Entrepreneur within a reasonable time after the     Consumer discovered the defects
3. The complaints submitted to the Entrepreneur shall be replied within a period of 14 days after the date of receipt. Should a complaint require a foreseeable longer time for handling, the Entrepreneur shall respond within 14 days with a     notice of receipt and an indication when the Consumer can expect a more detailed reply.
4. If the complaint cannot be solved in joint consultation within a reasonable

         time or within 3 months after submitting the complaint, there will be a dispute     that is open to the dispute settlement rules.

Article 17 - Disputes

1. Contracts between the Entrepreneur and the Consumer to which these General Terms and Conditions apply, are exclusively governed by Dutch law.
2. With due observance of the provisions set out below, the disputes between the Consumer and the Entrepreneur about the formation or the performance    of contracts related to products or services that the Entrepreneur must deliver or has already delivered can be submitted by both the Consumer and the        Entrepreneur to Geschillencommissie Webshop, Postbus 90600, 2509 LP,        The Hague (Den Haag) (www.sgc.nl).
3. A dispute is handled by the Disputes Committee [Geschillencommissie] only if the Consumer submitted his/her complaint to the Entrepreneur within a       reasonable period.
4. The dispute must have been submitted in writing to the Geschillencommissie Webshop within three months after arising of the dispute.
5. If the Consumer wishes to submit a dispute to the Geschillencommissie, the Entrepreneur is bound by this choice. When the Entrepreneur wishes to file the dispute to the Geschillencommissie, the Consumer must speak out in             writing within five weeks after a written request made by the Entrepreneur    whether he so desires or wants the dispute to be dealt with by the competent   court. If the Entrepreneur has not heard of the Consumer’s option within the           period of five weeks, the Entrepreneur is entitled to submit the dispute to the     competent court.
6. The Geschillencommissie’s decision will be made under the conditions as set out in the rules of the Arbitration Commission          (http://www.degeschillencommissie.nl/over-onss/decommissies/2701/webshop).

         A decision made by the Geschillencommissie is a binding advice.

7. The Disputes Committee will not handle a dispute or will discontinue handling it if the Entrepreneur is granted a moratorium, goes bankrupt or actually       ended his business activities before the Commission has handled a dispute at       the hearing and delivered a final award.

Article 18 - Additional provisions or derogations

Additional provisions of and/or derogations from these General Terms and Conditions should not be to the Consumer’s detriment and must be put in writing or recorded in such a way that the Consumer can store them in an accessible manner on a long-term data carrier.

Appendix I: Standard form for withdrawal

Standard Form for Withdrawal

(Complete this form and return it only when you want to revoke the agreement)

• To: [Entrepreneur’s name]

                   [Entrepreneur’s geographic address]

                   [Entrepreneur’s fax number, if available]

                   [Entrepreneur’s email address or electronic address]

• I/We hereby inform you that I/we wish to revoke our agreement on the sale of the following products: [specification of the   product]*

         the delivery of the following digital content [specification of the       digital content]*

         the performance of the following service [specification of the            service]*

• Ordered on*/received on* [date of ordering the services or receiving products]*
• [Consumer’s name]
• [Consumer’s address]
• [Consumer’s signature] (only when this form is submitted on paper)

*) Delete and/or complete where appropriate.