General Terms and Conditions

Article 1 – Definitions

In these General Terms and Conditions, the following definitions apply:

1. Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Continuous transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
7. Model withdrawal form: the model withdrawal form made available by the entrepreneur, which a consumer may complete when exercising their right of withdrawal;
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance contract: a contract concluded within the framework of an organised system for distance sales of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;
10. Means of distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur being present in the same place at the same time;
11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Caland/Schoen bv

Registered and visiting address:
Nieuwe Binnenweg 14
3015 BA Rotterdam
The Netherlands

Telephone number: +31 10 4366317

Availability:
Monday from 12:00 to 18:00
Tuesday to Thursday from 9:30 to 18:00
Friday from 9:30 to 19:00
Saturday from 9:30 to 17:00

Email address: info@calandschoen.nl

Chamber of Commerce number: 24011653

VAT identification number: NL8160.79.511.B01

Article 3 – Applicability

1. These General Terms and Conditions apply to every offer made by 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 will be 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 can be inspected at the entrepreneur’s premises and will be sent free of charge as soon as possible upon request of the consumer.
3. If the distance contract is concluded electronically, the text of these General Terms and Conditions may, by way of exception and before the contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the contract is concluded where the General Terms and Conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise upon request of the consumer.
4. In the event that specific product or service conditions apply in addition to these General Terms and Conditions, paragraphs 2 and 3 shall apply accordingly, and in the event of conflicting General Terms and Conditions, the consumer may always rely on the provision that is most favourable to them.
5. If one or more provisions of these General Terms and Conditions are at any time wholly or partially void or annulled, the agreement and these General Terms and Conditions shall otherwise remain in force, and the relevant provision shall be replaced without delay by mutual agreement with a provision that most closely reflects the intent of the original provision.
6. Situations not regulated in these General Terms and Conditions shall be assessed in accordance with the spirit of these General Terms and Conditions.
7. Any ambiguities regarding the interpretation or content of one or more provisions of these General Terms and Conditions shall be interpreted in accordance with the spirit of these General Terms and Conditions.

Article 4 – The Offer

1. If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to amend and adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
4. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
5. Images accompanying products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colours exactly correspond to the actual colours of the products.
6. 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;
• any costs of delivery;
• the manner in which the agreement will be concluded and which actions are required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery, and performance of the agreement;
• the period for acceptance of the offer, or the period during which the entrepreneur guarantees the price;
• the amount of the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate;
• whether the agreement will be archived after its conclusion and, if so, how the consumer can access it;
• the way in which the consumer can check and, if desired, correct the data provided by them in the context of the agreement before concluding the agreement;
• any other languages in which, in addition to Dutch, the agreement may be concluded;
• the codes of conduct to which the entrepreneur has submitted and how the consumer can consult these codes of conduct electronically;
• the minimum duration of the distance contract in the case of a continuous transaction;
• available sizes, colours, and types of materials.

Article 5 – The Agreement

1. Subject to the provisions of paragraph 4 of this Article, the agreement is concluded at the moment the consumer accepts the offer and complies with the conditions set forth therein.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a safe web environment. If the consumer is able to pay electronically, the entrepreneur shall observe appropriate security measures.
4. The entrepreneur may, within the legal framework, inform themselves whether the consumer can meet their payment obligations, as well as of all facts and factors that are relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has valid reasons not to enter into the agreement, they are entitled to refuse an order or request with justification or to attach special conditions to the performance.
5. The entrepreneur shall provide the consumer with the following information with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

a. the visiting address of the entrepreneur’s establishment where the consumer can submit complaints;

b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

c. information on guarantees and existing after-sales service;

d. the information included in Article 4, paragraph 3 of these General Terms and Conditions, unless the entrepreneur has already provided this information to the consumer before the performance of the agreement;

e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is concluded for an indefinite period.

6. In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.
7. Each agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

In the case of delivery of products:

1. When purchasing products, the consumer has the option to dissolve the agreement without stating reasons for a period of 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or by a representative designated in advance by the consumer and made known to the entrepreneur.
2. During the cooling-off period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer exercises the right of withdrawal, they shall return the product to the entrepreneur 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.
3. If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days after receipt of the product. The consumer must do so by means of the model withdrawal form. After notifying that they wish to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of shipment.
4. If the consumer has not indicated that they wish to exercise the right of withdrawal after expiry of the periods referred to in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase shall be deemed final.

In the case of delivery of services:

5. In the case of delivery of services, the consumer has the option to dissolve the agreement without stating reasons for at least 14 days, commencing on the day the agreement is concluded.
6. To exercise the right of withdrawal, the consumer shall act in accordance with the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 – Costs in Case of Withdrawal

1. If the consumer exercises the right of withdrawal, at most the costs of return shipment shall be borne by the consumer.
2. If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal, provided that the product has already been received back by the entrepreneur or conclusive proof of complete return shipment has been provided.

Article 8 – Exclusion of the Right of Withdrawal

1. The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3 of this Article. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:

a. that have been created by the entrepreneur in accordance with the consumer’s specifications;

b. that are clearly personal in nature;

c. that by their nature cannot be returned;

d. that may deteriorate or expire rapidly;

e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;

f. for single newspapers and magazines;

g. for audio and video recordings and computer software of which the consumer has broken the seal;

h. for hygienic products of which the consumer has broken the seal.

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

a. relating to accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;

b. the performance of which has begun with the express consent of the consumer before the cooling-off period has expired;

c. relating to betting and lotteries.

Article 9 – The Price

1. During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.
2. By way of exception to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, at variable prices. This dependence on fluctuations and the fact that any prices stated are target prices shall be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

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

b. the consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.

5. The prices stated in the offer of products or services are inclusive of VAT.
6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing or typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
2. Any guarantee provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Products must be returned in their original packaging and in new condition.
4. The warranty period of the entrepreneur corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:

• the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
• the delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the instructions of the entrepreneur and/or the instructions on the packaging;
• the defect is wholly or partially the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

1. The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery shall be the address that the consumer has made known to the company.
3. Subject to the provisions of paragraph 4 of this Article, the company shall execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer shall be informed thereof no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
4. All delivery periods are indicative. The consumer cannot derive any rights from any stated delivery periods. Exceeding a delivery period does not entitle the consumer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this Article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
6. If delivery of an ordered product proves to be impossible, the entrepreneur shall make every effort to make a replacement item available. At the latest upon delivery, it shall be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Continuous Transactions: Duration, Termination and Renewal

Termination

1. The consumer may terminate an agreement entered into for an indefinite period and which provides for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and with a notice period of no more than one month.
2. The consumer may terminate an agreement entered into for a fixed period and which provides for the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, subject to the agreed termination rules and with a notice period of no more than one month.
3. The consumer may terminate the agreements referred to in the preceding paragraphs:

• at any time and not be limited to termination at a specific time or during 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 stipulated for themselves.

Renewal

4. An agreement entered into for a fixed period and which provides for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.
5. By way of exception to the previous paragraph, an agreement entered into for a fixed period and which provides for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed period of no more than three months, provided that the consumer may terminate this extended agreement towards the end of the extension with a notice period of no more than one month.
6. An agreement entered into for a fixed period and which provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and with a notice period of no more than three months in the event that the agreement provides for the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.
7. An agreement of limited duration for the regular delivery of daily, news, and weekly newspapers and magazines by way of introduction (trial or introductory subscription) shall not be tacitly continued and shall automatically end after the trial or introductory period has expired.

Duration

8. If an agreement has a duration of more than one year, the consumer may 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 end of the agreed duration.

Article 13 – Payment

1. Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the commencement of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period commences after the consumer has received confirmation of the agreement.
2. The consumer has the duty to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.
3. In the event of non-payment by the consumer, the entrepreneur is entitled, subject to statutory limitations, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure

1. The entrepreneur has a sufficiently publicised complaints procedure and shall handle complaints in accordance with this complaints procedure.
2. Complaints regarding the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has identified the defects.
3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
5. In the event of complaints, the consumer must first turn to the entrepreneur. If complaints cannot be resolved by mutual agreement, the consumer must turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If no solution is reached thereafter, the consumer has the option to have the complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur. The decision of this committee is binding, and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the committee concerned. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur shall, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

1. Agreements between the entrepreneur and the consumer to which these General Terms and Conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.
2. The Vienna Convention on Contracts for the International Sale of Goods (CISG) does not apply.

Article 16 – Additional or Deviating Provisions

Additional or deviating provisions from these General Terms and Conditions may not be to the detriment of the consumer 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.