General terms and conditions
The terms and conditions that apply to every order placed with Drogisterij Plus.
This is a translation for your convenience. In case of differences, the Dutch text prevails.
Article 1 – Definitions
In these terms and conditions, the following terms are understood to mean:
Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the trader;
Day: calendar day;
Continuing 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;
Durable medium: any means that enables the consumer or trader 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;
Model form: the model withdrawal form made available by the trader, which a consumer can complete when he wishes to exercise his right of withdrawal.
Trader: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract in which, within the framework of a system organised by the trader for the distance selling of products and/or services, exclusively one or more techniques for distance communication are used up to and including the conclusion of the contract;
Technique for distance communication: a means that can be used to conclude a contract without the consumer and the trader being together in the same room at the same time.
General Terms and Conditions: these General Terms and Conditions of the trader.
Article 2 – Identity of the trader
Drogisterij Plus V.O.F.
Anton Philipsweg 9
1422 AL Uithoorn
Nederland
Phone: +31 297 760 008
Email: klantenservice@drogisterijplus.nl
KvK number: 75093936
VAT number: NL860139670B01
Article 3 – Applicability
These general terms and conditions apply to every offer made by the trader and to every distance contract concluded and every order placed between the trader and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions is 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 trader’s premises and that they will be sent free of charge as soon as possible at the consumer’s request.
If the distance contract is concluded electronically, then, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general 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, it will be indicated, before the distance 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, at the consumer’s request.
In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the case of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to him.
If one or more provisions of these general terms and conditions are at any time wholly or partially void or are annulled, the contract and these terms and conditions otherwise remain in force and the provision concerned will be replaced without delay, by mutual agreement, by a provision that approximates the purport of the original as closely as possible.
Situations not covered by these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted ‘in the spirit’ of these general terms and conditions.
Article 4 – The offer
If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
The offer is without obligation. The trader is entitled to change and adapt the offer.
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 trader 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 trader.
All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
Images accompanying products are a truthful representation of the products offered. The trader cannot guarantee that the colours displayed exactly match the real colours of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:
- the price including taxes;
- any shipping costs;
- the manner in which the contract 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 contract;
- the period for accepting the offer, or the period within which the trader guarantees the price;
- the rate for distance communication if the cost of using the technique for distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
- whether the contract is archived after it has been concluded and, if so, in what way the consumer can consult it;
- the way in which the consumer can, before concluding the contract, check the data he has provided in connection with the contract and, if desired, correct it;
- any other languages in which, in addition to Dutch, the contract can be concluded;
- the codes of conduct to which the trader has submitted and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the case of a continuing transaction.
Article 5 – The contract
Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions set in connection with it.
If the consumer has accepted the offer electronically, the trader will confirm receipt of the acceptance of the offer electronically without delay. As long as this acceptance of the contract has not been confirmed by the trader, the consumer may dissolve the contract.
If the contract is concluded electronically, the trader takes appropriate technical and organisational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures for that purpose.
The trader may – within legal frameworks – find out whether the consumer can meet his payment obligations, as well as all those facts and factors that are relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the contract, he is entitled to refuse an order or request, stating his reasons, or to attach special conditions to its performance.
With the product or service, the trader will send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
- the visiting address of the trader’s establishment where the consumer can go with complaints;
- the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
- the information on warranties and existing after-sales service;
- the information included in article 4 paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer before the performance of the contract;
- the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.
Every contract is entered into subject to the suspensive conditions of sufficient availability of the products concerned.
Article 6 – Right of withdrawal
On delivery of products:
When purchasing products, the consumer has the option of dissolving the contract without giving reasons for 14 days. This cooling-off period starts 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 trader.
During the cooling-off period, the consumer will handle the product and its packaging with care. He will unpack or use the product only to the extent necessary to be able to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the trader with all accessories supplied and – if reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the trader within 14 days after receipt of the product. The consumer must make this known by means of the model form or by another means of communication, such as by email. After the consumer has made known that he wishes to exercise his right of withdrawal, the customer must send the product back within 14 days. The consumer must prove that the goods delivered were returned on time, for example by means of a proof of shipment.
If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not made known that he wishes to exercise his right of withdrawal or has not returned the product to the trader, respectively, the purchase is final.
On delivery of services:
On delivery of services, the consumer has the option of dissolving the contract without giving reasons for at least 14 days, starting on the day the contract is entered into.
To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader on this matter in the offer and/or at the latest on delivery.
Article 7 – Costs in the event of withdrawal
If the consumer exercises his right of withdrawal, at most the costs of return shipment are for his account.
If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than within 14 days after withdrawal. This is, however, subject to the condition that the product has already been received back by the web shop owner or that conclusive proof of complete return shipment can be submitted. Refunds will be made via the same payment method used by the consumer, unless the consumer expressly consents to a different payment method.
In the event of damage to the product caused by careless handling by the consumer himself, the consumer is liable for any reduction in the value of the product.
The consumer cannot be held liable for a reduction in the value of the product if the trader has not provided all legally required information about the right of withdrawal; this must be done before the purchase contract is concluded.
Article 8 – Exclusion of the right of withdrawal
The trader may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the trader has clearly stated this in the offer, or at least in good time before the contract is concluded.
Exclusion of the right of withdrawal is possible only for products:
- that have been produced by the trader in accordance with the consumer’s specifications;
- that are clearly personal in nature;
- that by their nature cannot be returned;
- that can spoil or become outdated quickly;
- the price of which is tied to fluctuations in the financial market over which the trader has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has broken the seal;
- for hygiene products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is possible only for services:
- relating to accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;
- the delivery of which began with the express consent of the consumer before the cooling-off period expired;
- relating to 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 resulting from changes in VAT rates.
By way of derogation from the previous paragraph, the trader may offer at variable prices products or services whose prices are tied to fluctuations in the financial market and over which the trader has no influence. This link to fluctuations and the fact that any prices stated are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the contract are permitted only if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are permitted only if the trader has stipulated this and:
- they result from statutory regulations or provisions; or
- the consumer has the power to terminate the contract with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the trader is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and warranty
The trader warrants that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date the contract was concluded. If agreed, the trader also warrants that the product is suitable for other than normal use.
A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the trader on the basis of the contract.
Any defects or incorrectly delivered products must be reported to the trader in writing within 2 months after discovery of the defect.
The trader’s warranty period corresponds to the manufacturer’s warranty period. However, the trader is at no time 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.
The warranty does not apply if:
- the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
- the delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or have been handled contrary to the instructions of the trader and/or those on the packaging;
- the defectiveness is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
Article 11 – Delivery and performance
The trader will exercise the greatest possible care when receiving and carrying out orders for products and when assessing requests 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 this regard in paragraph 4 of this article, the company will carry out accepted orders expeditiously 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 be carried out or can be carried out only in part, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract without charge. The consumer is not entitled to compensation.
All delivery periods are indicative. The consumer cannot derive any rights from any periods stated. Exceeding a period does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.
If delivery of an ordered product proves impossible, the trader will endeavour to make a replacement item available. At the latest on delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are for the account of the trader.
The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or to a representative designated in advance and made known to the trader, unless expressly agreed otherwise.
Article 12 – Continuing transactions: duration, termination and extension
Termination
The consumer may at any time terminate a contract that has been entered into for an indefinite period and that provides for the regular delivery of products (including electricity) or services, in compliance with the termination rules agreed for that purpose and a notice period of no more than one month.
The consumer may at any time terminate a contract that has been entered into for a fixed period and that provides for the regular delivery of products (including electricity) or services, with effect from the end of the fixed term, in compliance with the termination rules agreed for that purpose and a notice period of no more than one month.
The consumer may terminate the contracts referred to in the previous paragraphs:
- at any time and may not be limited to termination at a specific time or in a specific period;
- at least in the same way as they were entered into by him;
- always with the same notice period as the trader has stipulated for himself.
Extension
A contract that has been entered into for a fixed period and that provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
By way of derogation from the previous paragraph, a contract that has been entered into for a fixed period and that provides for the regular delivery of daily, news and weekly papers and magazines may be tacitly extended for a fixed term of no more than three months, if the consumer can terminate this extended contract with effect from the end of the extension with a notice period of no more than one month.
A contract that has been entered into for a fixed period and that provides for the regular delivery of products or services may be tacitly extended for an indefinite period only if the consumer may 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 where the contract provides for the regular, but less than once a month, delivery of daily, news and weekly papers and magazines.
A contract of limited duration for the regular introductory delivery of daily, news and weekly papers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration
If a contract has a duration of more than one year, the consumer may, after one year, terminate the contract at any time with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in article 6 paragraph 1. In the case of a contract for the provision of a service, this period starts after the consumer has received confirmation of the contract.
The consumer has the duty to report inaccuracies in payment details provided or stated to the trader without delay.
In the event of default in payment by the consumer, the trader has the right, subject to statutory restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 – Complaints procedure
The trader has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the contract must be submitted to the trader, fully and clearly described, within 2 months after the consumer has discovered the defects.
Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will reply within the period of 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
In the case of complaints, a consumer must first contact the trader. If the web shop is affiliated with Stichting WebwinkelKeur, and in the case of complaints that cannot be resolved by mutual agreement, the consumer must contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this web shop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is then still not reached, the consumer has the option of having his complaint dealt with by the independent disputes committee appointed by Stichting WebwinkelKeur; its decision is binding and both trader and 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.
A complaint does not suspend the trader’s obligations, unless the trader indicates otherwise in writing.
If a complaint is found to be justified by the trader, the trader will, at its option, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Contracts between the trader and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law. Even if the consumer resides abroad.
The Weens Koopverdrag does not apply.
Article 16 – Additional or deviating provisions
Additional provisions or provisions deviating 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 the consumer can store them in an accessible manner on a durable medium.