Terms and Conditions - Stuen-Store


Table of contents:
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 reflection period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
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 implementation
Article 14 - Duration transactions: duration, cancellation and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or deviating provisions


Article 1 - Definitions
In these terms and conditions the following terms have the following meanings:
1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and / or services are provided by the entrepreneur. are supplied or by a third party based on an agreement between that third party and the entrepreneur;
2. Reflection period: the period within which the consumer can make use of his right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to his
trade, business, craft or professional activity;
4. Day: calendar day;
5. Digital content: data that is produced and delivered in digital form;
6. Duration agreement: an agreement that extends to the regular delivery of goods, services
and/or digital content during a certain period;
7. Durable medium: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that will facilitate future consultation or use during a period that is geared to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
8. Right of withdrawal: the option of the consumer to cancel the
distance contract within the cooling-off period ;
9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or
services to consumers from a distance;
10. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance sales of products,
digital content and / or services, whereby until the conclusion of the agreement exclusively or
partly use is made of one or more techniques for distance communication;
11. Model withdrawal form: the European model form for withdrawal included in Appendix I of these conditions . Annex I does not have to be made available if the
consumer does not have a right of withdrawal with regard to his order;
12. Technology for distance communication : means that can be used to conclude an agreement, without the consumer and entrepreneur having to be in the same room at the same time.


Article 2 - Identity of the entrepreneur
Stuen Store
STUEN
Willem-II Street 82
5038 BJ Tilburg
Chamber of Commerce no: 67338941
VAT: 8569.38.543.B.01
Telephone number: +31 (0) 13 3032228
If the activity of the entrepreneur is subject to a relevant licensing system: the
data on the supervisory authority.
If the entrepreneur practices a regulated profession:
- the professional association or organization with which he is affiliated;
- the professional title, the place in the EU or the European Economic Area where it is awarded;
- a reference to the professional rules that apply in the Netherlands and instructions where and
how these professional rules are accessible.


Article 3 - Applicability
1. These general terms and conditions apply to any offer from the entrepreneur and to any
distance contract concluded between the entrepreneur 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, the
entrepreneur will indicate, before the distance contract is concluded, how the
general terms and conditions can be viewed at the entrepreneur and that they
will be sent free of charge as soon as possible at the request of the consumer .
3. If the distance contract is concluded electronically, this is possible in deviation from the previous paragraph
and before the distance contract is concluded, the text of these general terms and conditions
are made available to the consumer electronically in such a way that
they can be easily stored by the consumer on a durable
data carrier. If this is not reasonably possible, before the distance contract
is concluded, it will be indicated where the general terms and conditions
can be inspected electronically and that they
will be sent free of charge at the request of the consumer electronically or otherwise.
4. In the event that, 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 applicable provision that is most favorable to him in the event of conflicting conditions .


Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be
explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products,
digital content and / or services being offered. The description is sufficiently detailed to enable
the consumer to make a proper assessment of the offer. If the entrepreneur uses
images, these are a true representation of the
products, services and / or digital content offered. Obvious mistakes or errors in the
offer are not binding for the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and
are obligations attached to the acceptance of the offer.


Article 5 - The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment
the consumer accepts the offer and meets the corresponding
conditions.
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 the
receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can
dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and
organizational measures to protect the electronic transfer of data and
for a secure web environment. If the consumer can pay electronically, the entrepreneur will take
appropriate security measures.
4. The entrepreneur can - within legal frameworks - inform himself whether the consumer
can meet his payment obligations, as well as all those facts and factors that are important for
a responsible conclusion of the distance contract. If, on the basis of this
investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled
to refuse an order or request or to
attach special conditions to the implementation .
5. The entrepreneur will at the latest upon delivery of the product, service or digital content to the
The consumer must
enclose 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 visiting address of the business location of the entrepreneur where the consumer can go with complaints
;
b. the conditions under which and the way in which the consumer
can make use of the right of withdrawal , or a clear statement regarding the exclusion of the right of
withdrawal;
c. information about guarantees and existing service after purchase;
d. the price, including all taxes on the product, service or digital content; insofar as
applicable, the costs of delivery; and the method of payment, delivery or performance of
the distance contract;
e. the requirements for terminating the agreement if the agreement has a duration of
more than one year or is indefinite;
f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the event of an extended transaction, the provision in the previous paragraph only applies to the first
delivery.


Article 6 - Right of withdrawal
For products:
1. The consumer can
dissolve an agreement regarding the purchase of a product without giving reasons for a cooling-off period of at least 14 days. The entrepreneur may
ask the consumer about the reason for the withdrawal, but not
oblige him to state his reason (s) .
2. The reflection 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 several products in the same order ordered: the day on which the
consumer, or a third party designated by him, has received the last product. The
Provided that he has clearly
informed the consumer about this prior to the ordering process, the entrepreneur 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, received the last shipment or the last
part;
c. in the case of contracts 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 that is not supplied on a tangible medium:
3. The consumer can dissolve a service agreement and an agreement for the supply of digital
content that has not been delivered on a tangible medium for at least 14 days without giving
reasons. The entrepreneur may ask the consumer about the reason for the withdrawal,
but not oblige him to state his reason (s).
4. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended reflection period for products, services and digital content that is not
supplied on a tangible medium in the event of failure to inform about the right of withdrawal:
5. If the entrepreneur provides the consumer with the legally required information about the right of withdrawal or
has not provided the model withdrawal form, the reflection period will expire twelve months after
the end of the original
reflection period determined in accordance with the previous paragraphs of this article .
6. If the entrepreneur has
provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original reflection period,
the reflection period will expire 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 the packaging with care. He
will only unpack or use the product to the extent necessary to determine the nature, characteristics and
operation of the product. The starting point here is that the consumer
may only handle and inspect the product as he would be allowed to do in a store.
2. The consumer is only liable for depreciation of the product that is the result
of a way of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for depreciation of the product if the entrepreneur
has not provided him with all legally required information about the right of
withdrawal before or at the conclusion of the agreement .


Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer makes use of his right of withdrawal, he must report this
to the
entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner .
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1
, the consumer will return the product or hand it over to (an authorized representative of) the
entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The
consumer has the redirection time taken in each case into account when it returns the product
before the waiting period has expired.
3. The consumer returns the product with all accessories supplied, if reasonably possible
in the original condition and packaging, and in accordance with the reasonable and
clear instructions provided by the entrepreneur .
4. The risk and the 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. If the
entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur
indicates that he will bear the costs himself, the consumer does not have to bear the costs for return.
6. If the consumer withdraws after having first explicitly requested that the operation of the
service or the supply of gas, water or electricity that have not been made ready for sale in a
limited volume or specific quantity commences during the reflection period, the consumer
owes the entrepreneur an amount that is proportional to that part of the agreement that
the entrepreneur has been fulfilled at the time of withdrawal, compared to full
fulfillment of the obligation.
7. The consumer does not bear any costs for the performance of services or the supply of water, gas or
electricity that have not been prepared for sale in a limited volume or quantity, or for the
supply of district heating, if:
a. The entrepreneur is the consumer the legally required information about the right of withdrawal, the
cost reimbursement in the event of withdrawal or has not provided the model withdrawal form, or;
b. the consumer has not explicitly requested the start of the execution of the service or the supply of
gas, water, electricity or district heating during the reflection period.
8. The consumer does not bear any costs for the full or partial delivery of
digital content not supplied on a tangible medium, if:
a. Prior to delivery, he has not expressly agreed to commence
compliance with the agreement before the end of the reflection period;
b. he has not acknowledged that he loses his right of withdrawal when giving his consent; or
c. the entrepreneur has failed to confirm this statement from the consumer.
9. If the consumer exercises his right of withdrawal, all additional
agreements will be dissolved by operation of law.


Article 9 - Obligations of the entrepreneur in the event of withdrawal
1. If the entrepreneur makes the notification of withdrawal by the consumer possible in an electronic manner
, he will immediately send a confirmation of receipt after receipt of this notification.
2. The entrepreneur will reimburse all payments made by the consumer, including any delivery costs
charged by the entrepreneur for the returned product, without delay but within
14 days following the day on which the consumer notifies him of the withdrawal. Unless the
entrepreneur offers to collect the product himself, he may wait to pay back until he
has received the product or until the consumer demonstrates that he has returned the product,
whichever is the earlier.
3. The entrepreneur uses the same payment method that the consumer used for reimbursement,
unless the consumer agrees to a different method. The reimbursement is free of charge for the
consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest
standard delivery, the entrepreneur does not
have to repay the additional costs for the more expensive method .


Article 10 - Exclusion of 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 time for the conclusion of the
agreement:
1. Products or services of which the price is bound fluctuations in the financial market over
which the entrepreneur has no influence and which may
occur within the withdrawal period ;
2. Agreements concluded during a public auction. A public auction is
understood to mean a sales method in which products, digital content and / or services
are offered by the entrepreneur to the consumer who is personally present or the opportunity
will 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 contracts, after full performance of the service, but only if:
a. The performance has begun with the consumer's explicit prior consent; and
b. the consumer has stated that he will lose his right of withdrawal as soon as the entrepreneur
has fully performed the agreement;
4. Package travel as referred to in Article 7: 500 of the Dutch Civil Code and passenger transport contracts;
5. Service agreements for the provision of accommodation, as in the agreement
a certain date or period of execution is foreseen and other than for residential purposes,
freight transport, car rental services and catering;
6. Agreements with regard to leisure activities, if a specific
date or period of execution is provided for in the agreement ;
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 of 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 are not suitable for reasons of health protection or hygiene
to be returned and of which the seal has been broken after delivery;
10. Products that by their nature are irrevocably mixed with other products after delivery;
11. Alcoholic drinks, the price of which was agreed upon at the conclusion of the agreement,
but the delivery of which can only take place after 30 days, and the actual value of which
depends on fluctuations in the market over which the entrepreneur has no influence;
12. Sealed audio, video recordings and computer software, the seal of which
has been broken after delivery;
13. Newspapers, magazines or magazines, with the exception of subscriptions to these;
14. The supply of digital content other than on a tangible medium, but only if:
a.the performance has begun with the express prior consent of the consumer; and
b. the consumer has declared that he will lose his right of withdrawal by doing so.


Article 11 - The price
1. During the period of validity stated in the offer, the prices of the
products and / or services being offered will not be increased, except for price changes as a result of changes in
VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices
are subject to fluctuations in the financial market and over which the entrepreneur has no influence
, at variable prices. This link to fluctuations and the fact that
any stated prices are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only
permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only
permitted if the entrepreneur has stipulated this and:
a. They are the result of statutory regulations or provisions; or
b. the consumer has the authority to cancel the contract on the day
on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.


Article 12 - Compliance with the agreement and extra guarantee
1. The entrepreneur guarantees that the products and / or services comply with the agreement, the
specifications stated in the offer, the reasonable requirements of reliability and / or usability
and the on the date existing legal provisions
and / or government regulations of the conclusion of the agreement . If agreed, the entrepreneur also guarantees that
the product is suitable for other than normal use.
2. An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer
never limits the legal rights and claims that the consumer has on the basis of the
agreement can assert against the entrepreneur if the entrepreneur has failed
to fulfill his part of the agreement.
3. An additional guarantee is understood to mean any obligation of the entrepreneur, his supplier,
importer or producer in which he grants the consumer certain rights or claims that
go beyond what he is legally obliged to do in case he has failed to fulfill
his part of the the agreement.


Article 13 - Delivery and implementation
1. The entrepreneur will take the greatest possible care when receiving
and implementing orders for products and when assessing applications for the
provision of services.
2. The place of delivery is the address that the consumer makes known to the entrepreneur
.
3. With due observance of what is stated in article 4 of these general terms and conditions,
the entrepreneur will
execute accepted orders with due speed, but no later than 30 days , unless a different delivery period has been agreed. If the delivery is delayed
, or if an order cannot be executed or only partially,
the consumer will be notified of this no later than 30 days after placing the order. The
consumer in this case the right to terminate the agreement without costs and be entitled to
any compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will
immediately repay the amount that the consumer has paid.
5. The risk of damage and / or loss of products rests with the entrepreneur until the
moment of delivery to the consumer or a pre-designated
representative made known to the entrepreneur , unless explicitly agreed otherwise.


Article 14 - Extended duration transactions: duration, termination and prolongation
Termination:
1. The consumer may contract for an indefinite period, which extends to the
regular delivery of products (including electricity) or services, at any time
denounce the purpose agreed cancellation rules and a notice period
of no more than one month.
2. The consumer can terminate an agreement that has been entered into for a definite period and that extends to the
regular delivery of products (including electricity) or services, at any time by
the end of the specified term, with due observance of the agreed
cancellation rules and a notice period. of no more than one month.
3. The consumer can
cancel the agreements referred to in the previous paragraphs: - at any time and not be limited to termination at a specific time or in a
specific period;
- at least cancel in the same way as they are entered into by him;
- always cancel with the same notice period as the entrepreneur has stipulated for himself.
Extension:
4. An agreement that has been entered into for a definite period and that extends to the regular delivery of
products (including electricity) or services may not be tacitly renewed or
renewed for a fixed period.
5. Contrary to the previous paragraph, an agreement that has been entered into for a definite period and which
extends to the regular delivery of daily news and weekly newspapers and magazines are tacitly
renewed for a fixed period of a maximum of three months, if the consumer
can cancel this extended agreement at the end of the extension with a notice period
of no more than one month.
6. An agreement that has been entered into for a definite period and that extends to the regular delivery of
products or services may only be tacitly renewed for an indefinite period if the
consumer may cancel at any time with a notice period of no more than one month. The
notice period is a maximum of three months in case the agreement extends to the settled, but
less than once a month, delivering daily, news and weekly newspapers and magazines.
7. An agreement with a limited duration for the regular delivery of daily,
news and weekly newspapers and magazines (trial or introductory subscription) will not be
tacitly continued and will end automatically after the trial or introductory period.
Duration:
8. If an agreement has a duration of more than one year, the consumer
may cancel the agreement at any time after one year with a notice of no more than one month, unless
reasonableness and fairness oppose termination before the end of the agreement. the agreed duration
.


Article 15 - Payment
1. Unless otherwise stated in the agreement or additional conditions, the
amounts owed by the consumer must be paid within 14 days after the start of the
reflection period, or in the absence of a reflection period within 14 days after the conclusion of the
agreement. In the case of an agreement to provide a service, this period starts
on the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the consumer may
never be obliged to pay more than 50% in advance in general terms and conditions . When prepayment is
stipulated, the consumer cannot assert any rights with regard to the execution of the
order or service (s) before the stipulated advance payment has
been made.
3. The consumer has the duty to report inaccuracies in provided or stated payment details
to the entrepreneur immediately.
4. If the consumer does not fulfill his payment obligation (s) on time, after he
has been informed by the entrepreneur of the late payment and the entrepreneur
has granted the consumer a period of 14 days to still fulfill his payment obligations, after non-
payment within this 14-day period, the statutory interest on the amount owed
and the entrepreneur 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% over the next € 2,500 and 5% over the
next € 5,000 with a minimum of € 40. The entrepreneur can
deviate from the stated amounts and percentages in favor of the consumer.


Article 16 - Complaints procedure
1. The entrepreneur has a well-publicized complaints procedure and handles the
complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must
be submitted fully and clearly described to
the entrepreneur within a reasonable time after the consumer has discovered the defects .
3. Complaints submitted to the entrepreneur will be
answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time
, the entrepreneur will reply within 14 days with a message from
receipt and an indication when the consumer can expect a more detailed answer.
4. The consumer must in any case give the entrepreneur 4 weeks to resolve the complaint in
mutual consultation. After this period a dispute arises that is subject to the
dispute settlement.


Article 17 - Disputes
1. Contracts between the entrepreneur and the consumer to which these general terms and conditions
apply are exclusively governed by Dutch law.


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 in a durable
data carrier.