Terms and Conditions

Table of Contents
Article 1 - Definitions
Article 2 - Identity of the Business
Article 3 - Applicability
Article 4 - The Offer
Article 5 - The Agreement
Article 6 - Right of Withdrawal
Article 7 - Costs in Case of Withdrawal
Article 8 - Exclusion of Right of Withdrawal
Article 9 - Prices
Article 10 - Compliance and Warranty
Article 11 - Delivery and Execution
Article 12 - Duration Transactions: Duration, Cancellation, and Renewal
Article 13 - Payment
Article 14 - Complaints Procedure
Article 15 - Disputes


Article 1 - Definitions
Cooling-Off Period: The time period during which the consumer can exercise their right of withdrawal.
Consumer: A natural person who is not acting in the course of a profession or business and enters into a distance agreement with the entrepreneur.
Day: Calendar day.
Duration Transaction: A distance agreement related to a series of products and/or services, where the delivery and/or purchase obligation is spread over time.
Durable Medium: Any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that makes future access and unaltered reproduction possible.
Right of Withdrawal: The option for the consumer to withdraw from the distance agreement within the cooling-off period.
Model Withdrawal Form: The template form for withdrawal provided by the entrepreneur that the consumer can use if they wish to exercise their right of withdrawal.
Entrepreneur: The natural or legal person offering products and/or services remotely to consumers.
Distance Agreement: An agreement concluded between the entrepreneur and the consumer within the framework of a system organized for remote sales, where up to and including the conclusion of the agreement, only one or more techniques for distance communication are used.
Means of Distance Communication: Any method that can be used to conclude an agreement without the consumer and entrepreneur being together in the same space.
General Terms and Conditions: These General Terms and Conditions of the entrepreneur.


Article 2 - Identity of the Business
Daring Dutch Designers
Roland Stuijts & Carlien Spuijbroek
Fazantenkamp 259
3607CM Maarssen
Netherlands

Email: info@daringdutchdesigners.com

Company Number: 85153400
VAT Number: NL863528211B01


Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to any distance agreement concluded between the entrepreneur and the consumer.
2. Before a distance agreement 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 will indicate where the conditions can be inspected and will send them free of charge upon request.
3. If the distance agreement is concluded electronically, these general terms and conditions may be made available electronically in a way that allows the consumer to store them on a durable medium.
4. In cases where specific product or service conditions apply in addition to these general terms, the consumer can always invoke the condition that is most favorable to them in case of conflicting conditions.


Article 4 - The Offer
1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated.
2. The offer includes a complete and accurate description of the products, digital content, and/or services offered. Images used by the entrepreneur are accurate representations of the offered items.
3. The offer clearly specifies the rights and obligations associated with accepting it, including:
- Price, including taxes.
- Any delivery costs.
- The method of concluding the agreement and necessary steps.
- Applicability of the right of withdrawal.
- Payment, delivery, and performance terms.
- The period during which the offer is valid or the price is guaranteed.


Article 5 - The Agreement
1. The agreement is concluded once the consumer accepts the offer and meets the associated conditions.
2. If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt. The consumer may cancel the agreement as long as this confirmation has not been received.
3. If the consumer can pay electronically, the entrepreneur will ensure a secure payment environment.
4. The entrepreneur may check whether the consumer can fulfill their payment obligations and other factors relevant to responsibly entering into a distance agreement. If the entrepreneur has valid grounds, they may refuse an order or attach special conditions to its execution.
5. The entrepreneur will provide the consumer with the following information upon delivery:
- Contact details for complaints.
- Conditions for and procedures for exercising the right of withdrawal.
- Warranty details and after-sales service.
- Conditions for terminating long-term agreements.


Article 6 - Right of Withdrawal
1. The consumer may cancel the purchase within 14 days, within the EU, without providing a reason, starting from the day after receiving the product.
2. During the cooling-off period, the consumer must handle the product and packaging carefully and may only use it to the extent necessary to assess its nature, features, and functionality.
3. If the consumer exercises their right of withdrawal, they must notify the entrepreneur via email (info@daringdutchdesigners.com) within the cooling-off period.
4. The consumer must return the product within 14 days of this notification.
5. The consumer bears the cost of returning the product unless the entrepreneur has agreed to cover these costs.


Article 7 - Costs in Case of Withdrawal
1. If the consumer exercises their right of withdrawal, the maximum costs for returning the product will be borne by the consumer.
2. If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal.
3. This is subject to the condition that the product has been received by the retailer or conclusive proof of complete return has been provided.


Article 8 - Exclusion of Right of Withdrawal
1. The entrepreneur may exclude the consumer’s right of withdrawal for products as specified in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly indicated this in the offer, or at least prior to concluding the agreement.
2. Exclusion of the right of withdrawal is only possible for products that:
- have been manufactured according to the consumer’s specifications;
- are clearly personal in nature;
- cannot be returned due to their nature;
- are liable to deteriorate quickly.
3. Exclusion of the right of withdrawal is only possible for digital content that is not delivered on a physical medium, provided that the consumer has expressly agreed that by doing so they forfeit their right of withdrawal.
4. If the entrepreneur offers the option for electronic payment, no additional fees will be charged.
5. If the consumer exercises their right of withdrawal, the maximum costs for returning the product will be borne by the consumer.
6. If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has been received by the retailer or that conclusive proof of complete return has been provided.


Article 9 - Prices
1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices if these prices are subject to fluctuations in the financial market over which the entrepreneur has no control. This dependency on fluctuations and the fact that any prices mentioned are target prices will be clearly stated in the offer.
3. Price increases within 3 months of the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
4. Price increases starting from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. they are due to statutory regulations or provisions; or
b. the consumer has the right to terminate the agreement effective from the date the price increase takes effect.
6. The prices mentioned in the offer of products or services include VAT, unless explicitly stated otherwise.


Article 10 - Compliance 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 reliability and/or usability, and the existing legal provisions and/or government regulations on the date the agreement was concluded.
2. Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the agreement.


Article 11 - Delivery and Execution
1. The entrepreneur shall exercise the utmost care when receiving and executing orders for products, as well as when assessing requests for the provision of services.
2. The place of delivery is deemed to be the address provided by the consumer to the company.
3. Subject to the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders with due speed but no later than within 30 days, unless a different delivery period has been agreed upon. If the delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In such a case, the consumer has the right to terminate the contract without any cost and is entitled to possible compensation.
4. Following termination in accordance with the previous paragraph, the entrepreneur will refund any amounts paid by the consumer as soon as possible, but no later than 14 days after termination.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative previously designated by the consumer and made known to the entrepreneur, unless explicitly agreed otherwise.


Article 12 - Long-term Transactions: Duration, Termination, and Renewal
Termination
1. The consumer may terminate an agreement that has been entered into for an indefinite period and involves 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 that has been entered into for a fixed period and involves the regular delivery of products (including electricity) or services, at any time at the end of the agreed 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 previous paragraphs:
- at any time, and shall not be restricted to termination at a specific time or during a specific period;
- at least in the same manner as they were entered into;
- always with the same notice period that the entrepreneur has stipulated for themselves.

Renewal
1. An agreement entered into for a fixed period and involving the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
2. In deviation from the previous paragraph, an agreement entered into for a fixed period involving the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, provided that the consumer can terminate the extended agreement at the end of the extension period with a notice period of no more than one month.
3. An agreement entered into for a fixed period involving the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month, and with a notice period of no more than three months if the agreement involves the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.
4. An agreement for a fixed period for the regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly renewed and will automatically end after the trial or introductory period.

Duration
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 prevent termination before the end of the agreed period.


Article 13 - Payment
1. Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days after the start of the reflection period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received the confirmation of the agreement.
2. The consumer is obligated to promptly report any inaccuracies in the payment information provided or specified to the entrepreneur.
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge reasonable costs that have been communicated to the consumer in advance.


Article 14 - Complaints Procedure
1. The entrepreneur maintains a well-publicized complaints procedure and handles complaints in accordance with this procedure.
2. Complaints regarding the execution of the agreement must be submitted to the entrepreneur within a reasonable period after the consumer has discovered the defects, fully and clearly described.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
4. If a complaint cannot be resolved by mutual agreement, it results in a dispute that is subject to the dispute resolution procedure.


Article 15 - Disputes
1. All agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
2. Disputes between the consumer and the entrepreneur regarding the formation or execution of agreements related to products or services delivered or to be delivered by this entrepreneur may, with due consideration of the following, be submitted by both the consumer and the entrepreneur to the Disputes Committee Webshop (Geschillencommissie Webshop), located at Postbus 90600, 2509 LP, The Hague, Netherlands (www.sgc.nl).
3. A dispute will only be considered by the Disputes Committee if the consumer has first submitted their complaint to the entrepreneur within a reasonable period.
4. The dispute must be formally submitted to the Disputes Committee in writing no later than three months after the dispute has arisen.
5. If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wishes to do so, the consumer must, within five weeks of receiving a written request from the entrepreneur, confirm in writing whether they also wish to submit the dispute to the Disputes Committee or prefer to have it handled by the competent court. If the entrepreneur does not receive the consumer’s response within this five-week period, the entrepreneur is entitled to submit the dispute to the competent court.
6. The Disputes Committee makes decisions in accordance with the conditions set out in its regulations. The committee’s decisions are made in the form of a binding opinion.
7. The Disputes Committee will not handle a dispute or will discontinue its proceedings if the entrepreneur has been granted a suspension of payments, declared bankrupt, or has effectively ceased business operations before the committee has dealt with the dispute at a hearing and issued a final decision.