GET 35% EXTRA DISCOUNT
General terms and conditions
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and the costs involved
Article 9 - Obligations of the entrepreneur in case of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Compliance and additional warranty
Article 13 - Delivery and execution
Article 14 - Duration transactions: duration, termination, and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or different provisions
Article 19 - Amendment of the General Terms and Conditions VUURSFEERHAARD B.V.
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
- Additional agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance agreement, and these goods, digital content, and/or services are provided by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
- Cooling-off period: the period during which the consumer may exercise their right of withdrawal;
- Consumer: the natural person who is not acting for purposes relating to their trade, business, craft, or profession;
- Day: calendar day;
- Digital content: data produced and delivered in digital form;
- Continuous agreement: an agreement that provides for the regular delivery of goods, services, and/or digital content for a certain period;
- Durable medium: any means, including e-mail, that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended and which allows for the unaltered reproduction of the stored information;
- Right of withdrawal: the consumer's possibility to withdraw from the distance agreement within the cooling-off period;
- Entrepreneur: the natural or legal person who offers products, (access to) digital content, and/or services to consumers remotely;
- Distance agreement: an agreement concluded between the entrepreneur and the consumer as part of an organized system for remote sales of products, digital content, and/or services, whereby up to and including the conclusion of the agreement, only one or more techniques for remote communication are used, exclusively or in combination;
- Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions; Annex I does not have to be made available if the consumer has no right of withdrawal with regard to their order;
- Technique for remote communication: means that can be used for concluding an agreement, without the consumer and the entrepreneur having to be present in the same room at the same time.
Article 2 - Identity of the entrepreneur
Name of the entrepreneur: VuurSfeerhaard
Trading under the name/names:
Phone number: 0575-757036
From Monday to Sunday from 08.00 am to 10.00 pm
Chamber of Commerce (KVK): 82995516
VAT number: NL862685175B01
Article 3 - Applicability
- These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
- 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, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed by the consumer and that they will be sent to the consumer free of charge upon request.
- If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer by electronic means in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted by electronic means and that they will be sent to the consumer free of charge by electronic means or otherwise upon request.
- In case, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply mutatis mutandis, and the consumer can always rely on the provision that is most favourable to him in case of conflicting conditions.
Article 4 - The offer
- If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products, services and/or digital content. Obvious errors or mistakes in the offer do not bind the entrepreneur.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Article 5 – The agreement
- The agreement is concluded, subject to the provisions of section 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein.
- If the consumer has accepted the offer electronically, the entrepreneur will confirm receipt of the acceptance of the offer without delay by electronic means. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can make electronic payments, the entrepreneur shall take appropriate security measures for this purpose.
- Within the framework of the law, the entrepreneur may – inform himself whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the remote agreement. If the entrepreneur has good grounds, on the basis of this investigation, not to conclude the agreement, he is entitled to refuse a request or order or to attach special conditions to its execution, stating the reasons for such a decision.
- At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur shall send the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
a. the address of the establishment of the entrepreneur where the consumer can lodge complaints; b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. information about guarantees and existing after-sales service; d. the price, including all taxes, of the product, service or digital content; where applicable, the costs of delivery; and the manner of payment, delivery or execution of the remote agreement; e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration; f. if the consumer has a right of withdrawal, the model withdrawal form.
- In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.
Article 6 – Right of withdrawal
- The consumer has the right to dissolve an agreement regarding the purchase of a product within a reflection period of 30 days without giving any reason. The entrepreneur may ask the consumer for the reason for the withdrawal, but cannot oblige the consumer to give reasons.
- The reflection period referred to in paragraph 1 begins on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
a. If the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may refuse an order of multiple products with different delivery times, provided he has informed the consumer clearly prior to the ordering process. b. If the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part. c. In case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content not delivered on a tangible medium: 3. The consumer has the right to terminate a service agreement and an agreement for the delivery of digital content not delivered on a tangible medium within 30 days without stating any reasons. The entrepreneur may ask the consumer for the reason of withdrawal, but cannot oblige the consumer to provide any reason(s).
- The withdrawal period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.
Extended withdrawal period for products, services and digital content not delivered on a tangible medium in case of failure to inform about the right of withdrawal: 5. If the entrepreneur has not provided the consumer with the legally required information on the right of withdrawal or the model withdrawal form, the withdrawal period will expire twelve months after the end of the originally established withdrawal period, in accordance with the previous paragraphs of this article.
- If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the start of the original withdrawal period, the withdrawal period will expire 30 days after the day on which the consumer received that information.
Article 7 - Obligations of the consumer during the withdrawal period
- During the withdrawal period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product. The starting point here is that the consumer may handle and inspect the product only as he would be allowed to do in a physical store.
- The consumer shall only be liable for any diminished value of the product resulting from a way of handling the product that goes beyond what is permitted in paragraph 1.
- The consumer shall not be liable for any diminished value of the product if the entrepreneur has not provided him with all legally required information on the right of withdrawal before or at the time of conclusion of the contract.
Article 8 - Exercise of the right of withdrawal by the consumer and the costs thereof
- If the consumer exercises his right of withdrawal, he shall report this within the withdrawal period by means of the model withdrawal form or in another unequivocal manner to the entrepreneur.
- The consumer shall return the product as soon as possible, but no later than 30 days after the day following the report mentioned in paragraph 1, or he shall hand it over to (a representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer shall have observed the return period in any case if he returns the product before the withdrawal period has expired.
- The consumer shall return the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer shall bear the direct cost of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates that he will bear these costs himself, the consumer shall not bear the costs of returning the product.
- If the consumer withdraws after having explicitly requested that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or quantity begins during the withdrawal period, the consumer shall owe the entrepreneur an amount proportional to that part of the obligation that the entrepreneur has fulfilled at the time of withdrawal, compared to the full performance of the obligation.
- The consumer shall not bear any costs for the provision of services or the supply of water, gas or electricity that has not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
a. the entrepreneur has not provided the consumer with the legally required information on the right of withdrawal, the reimbursement of costs upon withdrawal, or the model withdrawal form, or; b. the consumer has not explicitly requested the commencement of the service provision or the supply of gas, water, electricity or district heating during the withdrawal period.
- The consumer shall not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium, if:
a. he has not given his express consent to the start of the performance of the contract before the end of the withdrawal period; b. he has not acknowledged losing his right of withdrawal upon giving his consent; or c. the entrepreneur has failed to confirm this statement by the consumer.
- If the consumer exercises his right of withdrawal, all supplementary agreements shall be dissolved by operation of law.
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 has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement:
- Products or services whose price is subject to fluctuations on the financial market over which the entrepreneur has no control and which may occur within the withdrawal period;
- Agreements concluded during a public auction. A public auction is defined as a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is present in person or has the opportunity to be present in person at the auction, under the supervision of an auctioneer, and whereby the successful bidder is obliged to take the products, digital content and/or services;
- Service agreements, after full performance of the service, but only if:
a. the performance has begun with the explicit prior consent of the consumer; and b. the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully performed the agreement;
- Package travel as referred to in Article 7:500 BW and contracts for passenger transport;
- Service agreements for the provision of accommodation, if a specific date or period of performance is provided for in the agreement and other than for residential purposes, goods transport, car rental services and catering;
- Agreements relating to leisure activities, if a specific date or period of performance thereof is provided for in the agreement;
- Products that are made to the consumer's specifications, which are not prefabricated and which are made based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed products which, for reasons of health protection or hygiene, are not suitable for return and of which the sealing has been broken after delivery;
- Products that are irreversibly mixed with other products after delivery by their nature;
- Alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the agreement, but the delivery of which can only take place after 30 days and whose actual value depends on fluctuations in the market over which the entrepreneur has no control;
- Sealed audio, video recordings and computer software, the sealing of which has been broken after delivery;
- Newspapers, magazines or journals, with the exception of subscriptions to these;
- The delivery of digital content other than on a tangible medium, but only if:
a. the performance has begun with the explicit prior consent of the consumer; and
b. the consumer has declared that he loses his right of withdrawal.
Article 11 - The price
- 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 due to changes in VAT rates.
- Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in financial markets and over which the entrepreneur has no influence, at variable prices. The fact that prices may be indicative and subject to fluctuations will be stated in the offer.
- Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of legal regulations or provisions.
- Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
a. they are the result of legal regulations or provisions; or b. the consumer has the authority to terminate the agreement on the date on which the price increase takes effect.
- The prices stated in the offer of products or services include VAT.
Article 12 - Performance of the agreement and additional warranty
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
- An additional warranty provided by the entrepreneur, its supplier, manufacturer or importer shall never restrict the legal rights and claims that the consumer may exercise against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill its part of the agreement.
- An additional warranty means any obligation of the entrepreneur, its supplier, importer or producer in which it grants certain rights or claims to the consumer that go beyond what it is legally obliged to do if it fails to fulfill its part of the agreement.
Article 13 - Delivery and performance
- The entrepreneur will exercise the utmost care when receiving orders for products and when assessing applications for the provision of services, and when delivering products.
- The place of delivery shall be the address that the consumer has provided to the entrepreneur.
- The entrepreneur will execute accepted orders with due speed, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In this case, the consumer has the right to terminate the agreement at no cost and to claim damages, if any.
- After termination in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
- The risk of damage and/or loss of products shall rest with the entrepreneur until the time of delivery to the consumer or a pre-designated and the entrepreneur-announced representative, unless expressly agreed otherwise.
Article 14 - Continuing Performance Contracts: Duration, Termination, and Renewal
- The consumer may terminate an agreement that has been entered into for an indefinite period and that provides for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
- The consumer may terminate an agreement that has been entered into for a definite period and that provides for the regular delivery of products (including electricity) or services at any time before the end of the agreed term, subject to the agreed termination rules and a notice period of no more than one month.
- The consumer may terminate the agreements referred to in the preceding paragraphs:
a. at any time and shall not be limited to termination at a specific time or during a specific period; b. terminate on the same terms as those on which they were entered into; c. always terminate with the same notice period as the entrepreneur has stipulated for himself.
Renewal: 4. An agreement that has been entered into for a definite period and that provides for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a specific period.
- Notwithstanding the provisions of the preceding paragraph, an agreement that has been entered into for a definite period and that provides for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a specific duration of up to three months, provided that the consumer can terminate this extended agreement at the end of the renewal period with a notice period of no more than one month.
- An agreement that has been entered into for a definite period and that provides for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month. The notice period is no more than three months if the agreement provides for the regular delivery of daily, news and weekly newspapers and magazines, but less than once per month.
- An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for trial or introductory purposes (trial or introductory subscription) shall not be tacitly renewed and shall automatically terminate at the end of the trial or introductory period.
8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year, subject to a notice period of no more than one month, unless reasonableness and fairness prevent termination before the end of the agreed duration.
Article 16 – Complaints procedure
- The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the performance of the agreement must be fully and clearly described and submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved within a reasonable period of time or within 3 months after the complaint has been submitted, a dispute arises which is subject to the disputes procedure.
Article 17 – Disputes
- Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
- Disputes between the consumer and the entrepreneur concerning the formation or performance of agreements with regard to products and services to be supplied or supplied by this entrepreneur can, subject to the provisions below, be submitted by both the consumer and the entrepreneur to the Disputes Committee, PO Box 90600, 2509 LP The Hague (www.sgc.nl).
- A dispute will only be handled by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
- If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or in another form determined by the Committee within 3 months of the date on which the consumer submitted the complaint to the entrepreneur.
- When the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. The consumer preferably informs the entrepreneur first.
- If the entrepreneur wishes to submit a dispute to the Disputes Committee, the consumer must state in writing within five weeks of a request made in writing by the entrepreneur whether he wishes to do so or whether he prefers to have the dispute settled by the competent court. If the consumer does not make his choice known to the entrepreneur within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent court.
- The Disputes Committee will make decisions under the conditions established in the rules of the Disputes Committee https://www.degeschillencommissie.nl/over-ons/commissies/webshop/. The decisions of the Disputes Committee are made by way of binding advice.
- The Disputes Committee will not handle a dispute or will discontinue its handling if the entrepreneur has been granted a suspension of payments, has been declared bankrupt or has actually ceased its business activities before a dispute has been handled by the committee and a final decision has been made.
- If, in addition to the Disputes Committee, another recognized disputes committee affiliated with the Foundation for Consumer Complaints Boards (SGC) or the Financial Services Complaints Institute (Kifid) is authorized, the Disputes Committee is authorized for disputes mainly concerning the method of distance selling or service provision. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid is authorized.
Article 18 - 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.
Article 19 - Amendment of the General Terms and Conditions of VuurSfeerhaard
- VuurSfeerhaard shall not amend these general terms and conditions except in consultation with the Consumers' Association.
- Changes to these terms and conditions shall only be effective after they have been published in a suitable manner, with the understanding that in the case of applicable changes during the term of an offer, the provision most favorable to the consumer shall prevail.