Article 1 – Definitions
In these terms and conditions, the following definitions apply:
1. Supplementary agreement: an agreement under which the consumer acquires products, digital content and/or services in connection with a distance contract and those items, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;
2. Cooling-off period: the period during which the consumer may exercise his right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or professional activity;
4. Day: calendar day;
5. Digital content: data produced and supplied in digital form;
6. Continuing performance contract: an agreement that provides for the regular supply of goods, services and/or digital content over a certain period;
7. Durable medium: any instrument – including e-mail – that enables the consumer or trader to store information addressed personally to him in a way that permits future consultation or use for a period appropriate to the purpose for which the information is intended, and that allows unchanged reproduction of the stored information;
8. Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;
9. Trader: the natural or legal person who offers products, access to digital content and/or services to consumers at a distance;
10. Distance contract: an agreement concluded between the trader and the consumer within the framework of an organised distance-sales system for products, digital content and/or services, whereby up to and including the conclusion of the agreement exclusive or partial use is made of one or more means of distance communication;
11. Model withdrawal form: the European model withdrawal form included in Appendix I to these terms and conditions. Appendix I need not be made available if the consumer has no right of withdrawal in respect of his order;
12. Means of distance communication: a means that can be used for concluding an agreement without the consumer and the trader having to be present in the same room at the same time.
Article 2 – Identity of the trader
Naughty Cat Tea
Händelstraat 16, 6815 CW, Arnhem, The Netherlands
E-mail address: info@naughtycattea.com
Chamber of Commerce number: ….
VAT identification number: ….
Article 3 – Applicability
1. These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader 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, before the distance contract is concluded the trader will indicate how the general terms and conditions can be inspected at the trader’s premises and that, at the consumer’s request, they will be sent to the consumer free of charge as soon as possible.
3. If the distance contract is concluded electronically, 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 them 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 viewed electronically and that, at the consumer’s request, they will be sent free of charge electronically or otherwise.
4. Where, in addition to these general terms and conditions, specific product or service terms also apply, the second and third paragraphs apply correspondingly and, in the event of conflicting terms, the consumer may always rely on the applicable provision that is most favourable to him.
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 contains a full and accurate description of the products, digital content 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, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the trader.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer.
4. All forms of information on this website have been compiled with the utmost care and checked for correctness, currentness and completeness. If, despite these efforts, the content of this website is incomplete or incorrect, we cannot accept any liability for this. The trader does not guarantee against obvious typographical errors. No rights may be derived from the information.
Article 5 – The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and complies with the conditions attached to it.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures for that purpose.
4. The trader may, within statutory limits, obtain information as to whether the consumer can meet his payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the trader has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to performance.
5. At the latest upon delivery of the product, service or digital content to the consumer, the trader will send the following information to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
a. the contact details through which the consumer may 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 about warranties and existing after-sales service;
d. the price, including all taxes, of the product, service or digital content; where applicable, the delivery costs; and the method of payment, delivery or performance of the distance contract;
e. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a continuing performance transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 – Right of withdrawal
For products:
1. The consumer may dissolve an agreement relating to the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The trader may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state his reason(s).
2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. Provided that the trader clearly informed the consumer of this before the ordering process, the trader may refuse an order for several products with different delivery times.
b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
c. in the case of agreements for the regular delivery of products over 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 supplied on a tangible medium:
3. The consumer may dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium during a period of at least 14 days without giving reasons. The trader may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state his reason(s).
4. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended cooling-off period for products, services and digital content not supplied on a tangible medium if information about the right of withdrawal is not provided:
5. If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the preceding paragraphs of this article.
6. If the trader has provided the information referred to in the preceding paragraph to the consumer within twelve months after the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.
Article 7 – Obligations of the consumer during the cooling-off period
1. During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The starting point is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
2. The consumer is liable only for any decrease in the value of the product resulting from handling the product in a manner that goes beyond what is permitted in paragraph 1.
3. The decrease in the value of the product resulting from handling the product in a manner that goes beyond what is permitted in paragraph 1 amounts to 25%.
4. The consumer is not liable for any decrease in the value of the product if the trader has not provided him, before or at the conclusion of the agreement, with all legally required information about the right of withdrawal.
Article 8 – Exercise of the right of withdrawal by the consumer and the costs thereof
1. If the consumer exercises his right of withdrawal, he must notify the trader within the cooling-off period by means of the model withdrawal form or in another unequivocal manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer must return the product or hand it over to the trader or to a person authorised by the trader. This is not required if the trader has offered to collect the product himself. In any event, the consumer has complied with the return period if he returns the product before the cooling-off period has expired.
3. The consumer must 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 trader.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product.
6. If the consumer exercises his right of withdrawal, all supplementary agreements will be dissolved by operation of law.
Article 9 – Obligations of the trader in the event of withdrawal
1. If the trader makes it possible for the consumer to notify withdrawal electronically, he will immediately send an acknowledgement of receipt after receiving that notification.
2. The trader will reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay and in any event within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the trader offers to collect the product himself, he may wait to reimburse until he has received the product or until the consumer demonstrates that he has returned the product, whichever occurs earlier.
3. For reimbursement, the trader will use the same means of payment as the consumer used, unless the consumer agrees to a different method. The reimbursement will be free of charge for the consumer.
4. If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the trader does not have to reimburse the additional costs of the more expensive method.
Article 10 – Exclusion of the right of withdrawal
The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, or at least in good time before concluding the agreement:
1. Products or services whose price is subject to fluctuations in the financial market over which the trader has no influence and which may occur within the withdrawal period;
2. Agreements concluded during a public auction. A public auction means a sales method whereby products, digital content and/or services are offered by the trader to the consumer, who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service agreements after full performance of the service, but only if:
a. performance began with the consumer’s express prior consent; and
b. the consumer has declared that he loses his right of withdrawal once the trader has fully performed the agreement;
4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and contracts for passenger transport;
5. Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
6. Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance thereof;
7. Products manufactured according to the consumer’s specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products that, for reasons of health protection or hygiene, are not suitable for return and whose seal has been broken after delivery;
10. Products that, after delivery, by their nature are irrevocably mixed with other products;
11. Alcoholic beverages whose price was agreed upon when the agreement was concluded, but whose delivery can take place only after 30 days and whose actual value depends on market fluctuations over which the trader has no influence;
12. Sealed audio or video recordings and computer software whose seal has been broken after delivery;
13. Newspapers, journals or magazines, with the exception of subscriptions to them;
14. The supply of digital content other than on a tangible medium, but only if:
a. performance began with the consumer’s express prior consent; and
b. the consumer has declared that he thereby loses his right of withdrawal.
Article 11 – The price
1. 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.
2. By way of derogation from the previous paragraph, the trader may offer products or services with variable prices if their prices are subject to fluctuations in the financial market over which the trader has no influence. This link to fluctuations and the fact that any stated prices are guide prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are permitted only if they result from statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are permitted only if the trader has stipulated this and:
a. they result from statutory regulations or provisions; or
b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
Article 12 – Performance of the agreement and additional warranty
1. The trader 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 existing on the date on which the agreement was concluded. If agreed, the trader also guarantees that the product is suitable for use other than normal use.
2. An additional warranty provided by the trader, his supplier, manufacturer or importer never limits the statutory rights and claims that the consumer may assert against the trader under the agreement if the trader has failed to perform his part of the agreement.
3. Additional warranty means any undertaking by the trader, his supplier, importer or producer under which certain rights or claims are granted to the consumer that go beyond what that party is legally obliged to provide if he has failed to perform his part of the agreement.
Article 13 – Delivery and performance
1. 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.
2. The place of delivery is the address that the consumer has made known to the trader.
3. With due observance of what is stated in Article 4 of these general terms and conditions, the trader will execute accepted orders with due speed and at the latest within 30 days, unless a different delivery period has been agreed. 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 he placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any damages.
4. After dissolution in accordance with the previous paragraph, the trader will reimburse the amount paid by the consumer without delay.
5. 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 14 – Continuing performance transactions: duration, termination and renewal
Termination:
1. The consumer may terminate an agreement entered into for an indefinite period and aimed at 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.
2. The consumer may terminate an agreement entered into for a definite period and aimed at the regular delivery of products, including electricity, or services at any time at the end of the definite period, subject to the agreed termination rules and 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 may not be limited to termination at a particular time or during a particular period;
– at least in the same manner as they were entered into by him;
– always with the same notice period as the trader has stipulated for himself.
Renewal:
4. An agreement entered into for a definite period and aimed at the regular delivery of products, including electricity, or services may not be tacitly extended or renewed for a definite period.
5. By way of derogation from the previous paragraph, an agreement entered into for a definite period and aimed at the regular delivery of daily newspapers, news newspapers, weekly newspapers and magazines may be tacitly extended for a definite period of no more than three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
6. An agreement entered into for a definite period and aimed at the regular delivery of products or services may be tacitly extended for an indefinite period only if the consumer may terminate it 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 is aimed at the regular, but less than once per month, delivery of daily newspapers, news newspapers, weekly newspapers and magazines.
7. An agreement of limited duration for the regular delivery of daily newspapers, news newspapers, weekly newspapers and magazines by way of introduction or trial subscription is not tacitly continued and ends automatically after the end of the trial or introductory period.
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 15 – Payment
1. Unless otherwise provided in the agreement or supplementary terms and conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or, if there is no cooling-off period, within 14 days after conclusion of the agreement. In the case of an agreement for the provision of a service, this period starts on the day after the consumer has received confirmation of the agreement.
2. When products are sold to consumers, the consumer may never be obliged in general terms and conditions to make an advance payment of more than 50%. Where advance payment has been stipulated, the consumer may not assert any right regarding the performance of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer has the duty to report inaccuracies in payment details provided or stated to the trader without delay.
4. If the consumer fails to meet his payment obligation(s) on time, after the trader has informed him of the late payment and has granted the consumer a period of 14 days to still meet his payment obligations, and payment is not made within this 14-day period, the consumer owes statutory interest on the amount still due, and the trader is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500; and 5% on the next €5,000, with a minimum of €40. The trader may deviate from the stated amounts and percentages in favour of the consumer.
Article 16 – Complaints procedure
1. The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with that complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the trader within a reasonable time after the consumer has identified the defects, fully and clearly described.
3. Complaints submitted to the trader will be answered within a period of 14 days calculated from the date of receipt. If a complaint is expected to require a longer processing time, the trader will respond within the period of 14 days with an acknowledgement of receipt and an indication of when the consumer may expect a more detailed answer.
4. The consumer must in any event give the trader 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement procedure.
Article 17 – Disputes
Agreements between the trader and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law.
Article 18 – Additional or differing provisions
Additional provisions or provisions that differ 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.