General terms and conditions of SpeedComfort

Article 1 – Definitions
Article 2 – Identity of the trader
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – Costs in the event of withdrawal
Article 8 – Exclusion of right of withdrawal
Article 9 – The price
Article 10 – Compliance and warranty
Article 11 – Delivery and implementation
Article 12 – Continuing performance contracts: duration, termination and extension
Article 13 – Payment
Article 14 – Complaints
Article 15 – Disputes
Article 16 – Additional or different provisions

Article 1 – Definitions

In these terms and conditions, the following terms mean:

Reflection period: the period within which the consumer can exercise his/her right of withdrawal;
Consumer: the natural person not acting in a professional or business capacity and who enters into a distance contract with the trader;
Day: calendar day;
Continuing performance contract: a distance contract concerning a range of products and/or services and of which the supply and/or purchase obligation is spread over a period of time;
Durable medium: any means by which the consumer or trader stores an unaltered reproduction of any information that is personally addressed to him/her for use in future consultation.
Right of withdrawal: the possibility for the consumer to terminate the distance contract within the cooling-off period;
Model form: the model form for withdrawal that the trader makes available so that a consumer can fill it in if he/she wants to make use of his/her right of withdrawal.
Trader: the natural person or legal entity offering distance products and/or services to consumers;
Distance contract: a contract based on a system of distance sales of products and/or services, including entering into a contract using one or more techniques of distant communication, set up by the trader;
Distance communication technology: a means of communication that can be used for entering into a contract without the consumer and trader coming together at the same time in the same place.
Terms and Conditions: these General Terms and Conditions of the trader.

Article 2 – Identity of the trader

SpeedComfort;
Goudsesingel 136
3011 KD Rotterdam

Telephone number: 085 – 666 62 23
E-mail address: [email protected]
KvK (Chamber of Commerce) number: 63800543
VAT number: NL 8554.08.157 B01

Article 3 – Applicability

These general terms and conditions apply to any offer from the trader and to any distance contract and order between the trader and consumer.
Before entering into a distance contract, the text of these general terms and conditions will be made available to the consumer free of charge. If this is not reasonably possible, notification shall be made before the distance contract is entered into of the fact that the general terms and conditions are available from the trader and shall be sent to the consumer on request as soon as possible without charge.
If the distance contract is entered into electronically, then as a deviation to the previous paragraph, and before the distance contract is entered into, the text of these general terms and conditions may also be provided to the consumer by electronic means in such a manner that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, notification shall be made before the distance contract is entered into of the fact that the general terms and conditions are available in electronic format from the trader and that they shall be sent to the consumer on request as soon as possible without charge.
In the event that, in addition to these general terms and conditions, specific product and service conditions also apply, the second and third paragraphs apply correspondingly, and in case of conflict with the general terms and conditions, the consumer can always rely on the relevant provision that is most favourable for the consumer.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are nullified, the agreement and these terms and conditions shall remain in effect and the provision in question shall be immediately replaced in mutual consultation by a provision that has the meaning of the original as closely as possible.
Situations not regulated in these terms and conditions must be assessed “in the spirit” of these terms and conditions.
Uncertainties about the explanation or content of one or more provisions of our terms and conditions must be explained “in the spirit” of these terms and conditions.

Article 4 – The offer

Article 4 – The offer

If an offer is of limited duration or if certain conditions apply, this shall be explicitly stated in the offer.
The offer is without obligation. The trader is entitled to change and adapt the offer.
The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed allowing the consumer to make a good assessment. If the trader makes use of illustrations, these will be a faithful representation of the products and/or services being offered. Obvious errors or mistakes 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 agreement.
Images accompanying products are a true representation of the products offered. Trader cannot guarantee that the displayed colours exactly match the real colours of the products.
Every offer contains information clearly setting out to the consumer the rights and obligations linked to accepting the offer. In particular, these concern the following:
- the price including taxes;
- the actual costs of delivery;
- the manner in which the contract shall be achieved and what actions are required;
- whether or not the right of withdrawal is applicable;
- method of payment, delivery and implementation of the contract;
- the period during which the offer may be accepted, or the period within which the trader guarantees the price;
- the level of the tariff for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic tariff for the communication tool used;
- whether the contract will be archived after entering into the contract and, if so, how the consumer can gain access to consult the document, if required;
- the manner in which the consumer, prior to entering into the contract, can check the data provided by him/her under the contract and amend it if necessary;
- the other possible languages, apart from Dutch, in which the contract can be concluded;
- the code of conduct to which the trader is subject and the way the consumer can consult this code of conduct electronically; and
- the minimum duration of the distance contract in the case of a long-term transaction.

Article 5 – The contract

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.
If the consumer accepts the offer via electronic means, the trader shall, via electronic means, promptly confirm receipt of the offer being accepted. As long as this acceptance has not been confirmed by the trader, the consumer can terminate the contract.
If the contract is created electronically, the trader shall take appropriate technical and organisational measures to protect the electronic transfer of data and he/she will ensure a secure web environment. If the consumer can pay electronically, the trader shall take appropriate safety precautions.
The trader may, within the limits of the law, gather information about the consumer’s ability to fulfil the payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, on the grounds of this investigation, the trader has sound reasons not to enter into the contract, the trader is entitled, supported by reasons, to refuse an order or request, or to attach special terms and conditions to fulfilment of said contract.
The trader shall send the following information, along with the product or service, to the consumer in writing or in such a way that the consumer can store it in an accessible manner on a durable information carrier:
- the visiting address of the establishment of the trader where the consumer can lodge complaints;
- the terms and conditions under which, and the manner in which, the consumers right of withdrawal can be exercised, or a clear statement regarding the exclusion of the right of withdrawal;
- information about warranties and existing service after purchase;
- 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 execution of the contract;
- the requirements for termination of the contract if the contract duration is longer than one year or an indefinite duration.
In the event of a continuing performance contract, the provision described in the previous paragraph only applies to the first delivery.
Every agreement is entered into under the conditions precedent of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

For the delivery of products:

For the purchase of products, the consumer has the option to terminate the contract within a period of 14 days without being required to provide a statement of reasons. This cooling-off period will commence on the day after the consumer, or a representative designated by the consumer and made known to XXXX in advance, is in receipt of the product.
During this cooling-off period, the consumer shall handle the product and the packaging with the utmost care. He/she shall only unpack or use the product to the degree necessary to be able to assess whether he/she wishes to keep the product. If wishing to exercise the right of withdrawal, the consumer shall return the product to the trader with all delivered accessories and, as far as reasonably possible, in the original condition and packaging, in accordance with the trader’s reasonable and clear instructions.
If the consumer wishes to make use of his/her right of withdrawal, he/she is obliged to make this known to the trader within 30 days after receipt of the product. The consumer must make this known by using the return form speedcomfort.returnista.nl or by any other means of communication, such as email. After the consumer has indicated that he/she wishes to make use of his/her right of withdrawal, the customer must return the product within 14 days. The consumer must be able to prove that the delivered goods have been returned on time, for example by means of a proof of sending.

If after expiry of the periods referred to in Paragraphs 2 and 3, the customer has not made it known that he/she wishes to make use of his/her right of withdrawal to the trader, or has not returned the product to the trader, the purchase is a fact.

Article 7 – Costs in the event of withdrawal

If the consumer makes use of his/her right of withdrawal, he/she shall at most bear the costs of the return shipment.
If the consumer has paid an amount, the trader must refund this amount to the consumer as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the web retailer or that conclusive proof of complete return can be submitted. Reimbursement shall be made via the same payment method used by the consumer, unless the consumer gives explicit permission for a different payment method.
In the event of damage to the product due to careless handling by the consumer, the consumer is liable for any reduction in value of the product.
The consumer cannot be held liable for depreciation of the product if the trader has not provided all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.

Article 8 – Exclusion of right of withdrawal

The trader can exclude the right of withdrawal of the consumer 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 a timely fashion before entering into the contract.
Exclusion of the right of withdrawal is only possible for products:
- created by the trader according to the consumer’s specifications;
- that are clearly of a personal nature;
- that cannot be sent back due to their nature;
- that perish rapidly or have a limited shelf life;
- for which the price is dependent on fluctuations in the financial market that cannot be controlled by the trader;
- for individual newspapers and magazines;
- that are audio/video recordings and/or computer software of which the seal has been broken by the consumer;
- for hygienic products of which the seal has been broken by the consumer.
Exclusion of the right of withdrawal is only possible for services:
- regarding accommodation, transportation, hospitality or leisure services to be provided on a specific date or within a specific period;
- where delivery has already begun before the end of the cooling-off period with the consumer’s agreement;
- associated gaming and lotteries.

Article 9 – The price

During the period mentioned in the offer, the prices of the products and/or services will not be increased, except for any price changes resulting from changes in VAT rates.
In derogation from the previous paragraph, the trader may offer variable prices for products or services for which the prices are subject to fluctuations in the financial market and that are beyond the trader’s control. Such dependence on fluctuations and the fact that any prices mentioned are indicative shall be stated in the offer.
Price increases within 3 months after entering into the contract are only permitted if they are the result of new legal regulations or provisions.
Price increases from 3 months after entering into the contract are only permitted if the trader has stipulated it and:
- they are the result of legal regulations or provisions; or
- the consumer has the authority to terminate the contract effective on the day the price increase takes effect.
The prices stated for the provision of products or services include VAT.
All prices are subject to printing and/or typesetting errors. No liability is accepted for the consequences of printing and/or typesetting errors. In the event of a printing and/or typesetting error, the trader is not obliged to supply the product for the incorrect price.

Article 10 – Compliance and warranty

The trader guarantees that the products and/or services fulfil all the requirements of the contract, the specifications listed in the offer, reasonable requirements of usability and/or reliability, and the existing statutory provisions and/or government regulations on the day the contract was concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use.
A warranty provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the trader on the basis of the agreement.
Any defects or faulty products must be reported to the trader in writing within a maximum of 2 months of delivery. The relevant products must be returned in the original packaging and in new condition.
The warranty period of the trader corresponds to the manufacturer’s warranty period. The trader is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any recommendations regarding the use or application of the products.
This warranty does not apply if:
- the consumer has repaired and/or modified the delivered products him/herself, or had them repaired and/or modified by third parties;
- the delivered products have been exposed to abnormal conditions or otherwise have been treated carelessly or contrary to the instructions of the trader and/or on the packaging;
- the defect is wholly or partly the result of regulations that the government has set or shall set with regard to the nature or quality of the materials used.

Article 11 – Delivery and implementation

The trader shall exercise the greatest possible care in taking and fulfilling orders for products and for assessing requests for the provision of services.
The address the consumer has provided to the trader is the place of delivery.
With due observance of the stipulations of Article 4 of these general terms and conditions, the trader shall execute accepted orders with convenient speed, but at least within 30 days unless consumer has agreed to another delivery period. If the delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer shall be informed of this no later than 30 days after having placed the order. The consumer is entitled to repudiate the contract free of charge. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
In case of termination in accordance with Paragraph 3 of this article, the trader shall refund the amount the consumer has paid as soon as possible, but within 14 days after termination.
If delivery of an ordered product is not possible, the trader shall endeavour to make a replacement item available. A clear and comprehensible message regarding the replacement item shall be sent no later than the delivery. The right of withdrawal cannot be excluded for substitute articles. The costs of any return will be borne by the trader.
The risk of loss and/or damage to products will be borne by the trader until the time of delivery to the consumer or a representative appointed in advance and made known to the trader, unless explicitly agreed otherwise.

Article 12 – Continuing performance contracts: duration, termination and extension

Termination

The consumer may terminate a permanent contract, and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the termination rules and subject to not more than one month’s notice.
The consumer may at all times terminate a contract entered into for a definite time and that extends to the regular delivery of products (including electricity) or services at the end of the specific duration with due observance of the termination rules and subject to not more than one month’s notice.
The consumer can cancel the contracts described 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 entered into by him/her;
- at all times with the same notice as the trader stipulated for him/herself.

Extension

A contract entered into for a definite period time for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
Notwithstanding the preceding paragraph, a contract for a definite period for the regular delivery of dailies, newspapers, weekly newspapers and magazines, may be tacitly extended for a specific period of no more than three months if the consumer can terminate this extended contract towards the end of the extension with a notice of one month at most.
A contract entered into for a definite period for the regular delivery of products may only be tacitly extended for an indefinite period if the consumer can terminate the extended contract at any time with a period of notice of one month at most, and a period of notice amounting to three months at most if the contract extends to regular deliveries of daily papers, newspapers, weekly papers and other periodicals occurring less often than once a month.
A contract with limited duration for the regular delivery of trial dailies, newspapers, weeklies and magazines (trial or introductory subscription) is not tacitly renewed and ends automatically after the trial or introductory period.

Duration of the agreement

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 prevent termination before the end of the agreed duration.

Article 13 – Payment

In so far as it is not otherwise agreed, the amounts owed by the consumer must be paid within 7 workdays after the start of the cooling-off period as described in Article 6 of Paragraph 1. In the event of a contract to provide a service, this period starts on the day after the consumer has received the confirmation of the contract.
The consumer is obliged to immediately inform the trader of inaccuracies in the provided or stated payment details.
In case of late payment by the consumer, the trader has the right, subject to legal restrictions, to charge reasonable costs that have been made known to the customer in advance.

Article 14 – Complaints

The trader has a well-publicised complaints procedure and complaints will be dealt with under this procedure.
Complaints about the implementation of the contract, including a complete and clear description of the issue, must be submitted to the trader within 2 months after the consumer has noted the defects.
Complaints submitted to the trader will be answered within 14 days counted from the date of receipt. Should a complaint foreseeably require a longer time for handling, the trader shall respond with a notice of receipt within the term of 14 days and include an indication of when the consumer can expect a more detailed reply.
If the complaint cannot be resolved amicably, a dispute arises that is subject to the dispute settlement.
In the event of complaints, a consumer must first turn to the trader. If a solution is not reached, the consumer has the option of contacting the UKICC and submitting a dispute with them.
A complaint does not suspend the obligations of the trader, unless the trader indicates otherwise in writing.
If a complaint is found to be justified by the trader, the trader shall, at its option, 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 apply, are exclusively governed by Dutch law. Even if the consumer lives abroad.
The “Vienna Sales Convention” is not applicable.

Article 16 – Additional or different provisions

Additional provisions of and/or deviations 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.

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