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Table of Contents
Article 1 – Definitions
Article 2 – Identity of entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Consumer obligation during withdrawal period
Article 8 – Exercising the withdrawal rights of the consumer and the costs associated
Article 9 – Obligations of the entrepreneur in case of withdrawal
Article 10 – Exclusion of withdrawal right
Article 11- The price
Article 12 – Compliance and guarantee
Article 13 – Delivery and fulfilment
Article 14 – Payment
Article 15 – Complaints procedure
Article 16 – Disputes
Article 17 – Additional or deviating stipulations
Article 1 – Definitions
Definitions regarding terms used in the conditions
Additional agreement: an agreement where the consumer products, digital content and/or services acquires in connection with a distant agreement, and these are delivered by the entrepreneur on the basis of an agreement between the consumer and the entrepreneur.
Withdrawal period: the term in which the consumer can use its rights of withdrawal.
Consumer: the natural / legal person that does not act with the purpose connected with their trade-, business-, craft- or professional activities.
Day: Calendar day
Digital Content: data in digital form that are produced and delivered.
Duration agreement: an agreement that extends to the regular delivery of products, services and/or digital content during a certain period.
Durable data carrier: every appliance -which also includes e-mail- that enables the consumer or entrepreneur to save information that is directed for him/her in a way, so that future reference during a period is adapted to the goal for which the information is meant, and which enables unaltered reproduction.
Right of withdrawal: the possibility for the consumer to renounce the distant agreement during the withdrawal period.
Entrepreneur: the natural/legal person that offers products, digital content and/or services from a distance to consumers.
Distant agreement: an agreement between the entrepreneur and the consumer in the light of an organised system with the purpose of the sale from a distance of products, digital content, and/or services, where until the agreement is reached, exclusive or partial use of a technique that enables distant communication is used.
Form for withdrawal: In the appendix of these terms and conditions the form for European withdrawal. The form for withdrawal does not have to be provided if the consumer does not have the right of withdrawal.
Techniques that enable distant communication: tool that can be used for the conclusion of the agreement, without the need for consumer and entrepreneur to be in the same space.
Article 2 – Identity of entrepreneur
Home Society BV
1e Poellaan 6
2161LB Lisse, The Netherlands
Phone number:
Available Monday – Friday from 09:00 – 17:00.
E-mail address: info@homesociety.nl
Chamber of Commerce: 28060612
Tax-identification number: NL901166500B01
Article 3 – Applicability
- These terms & conditions are applicable to every offer of the entrepreneur and to every distant agreement reached between the entrepreneur and the consumer.
- Before the agreement is reached, the text in these terms and conditions is provided to the consumer. If this is reasonably, not possible, the entrepreneur will, before the agreement is reached, indicate in which way the terms and conditions are available at the entrepreneur, so that if the consumer wishes, the terms and conditions will be send as soon as possible, and for free to the consumer.
- If the distant agreement is reached electronically, notwithstanding the previous paragraph and before the distant contract is concluded ,the text of theses general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store them on a tangible data carrier. If this is not reasonably possible, before the distant contract is concluded.
- In the case that besides the terms and conditions, other specific product or service conditions are applicable , the second and third section of this Article are applicable, and the consumer can if the terms and conditions are contradictory, use the applicable section that is most favourable for him.
Article 4 – The offer
- In the case the offering has a limited validity period or is subject to conditions, this will be explicitly mentioned in the offering.
- The offering includes a complete and accurate description of the products, digital content and/or services on offer. The description is sufficiently detailed for the consumer to evaluate the offer. If the entrepreneur uses images, they are truthful reflections of the offered products and or digital content. Apparent mistakes or apparent faults in the offer do not bind the entrepreneur.
- Every offer contains information, so that it is clear for the consumer what his rights and obligations are, that is connected to the acceptance of the offer.
Article 5 – The agreement
- The agreement, with reservation to section 4, is reached the moment the consumer accepts the offer and suffices the stated conditions.
- If the consumer has accepted the offer electronically, the entrepreneur confirms immediately electronically the reception of the acceptance offer. As long as the reception of the accepted offer is not confirmed by the entrepreneur, the consumer is able to dissolve the agreement.
- If the agreement is reached electronically, the entrepreneur takes the appropriate technical and organisational measures for the security of the electronical transmission of data and he provides a safe web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate safety measures.
- The entrepreneur is able to, within the boundaries of the law assess whether the consumer is able to fulfil his payment obligation, as well all the facts and factors that are of interest for a responsible entering into the distant agreement. If the entrepreneur has, based on his investigation, grounds to not enter into the agreement, he is legitimately warranted to refuse an order or request, or to attach special conditions to the agreement.
- The entrepreneur will at latest by delivery of the product, service or digital content to the consumer provide the following information, in writing, or in such a way that it is accessible for the consumer and can be saved on a durable data carrier:
- The visitor address of the business of the entrepreneur where a consumer can file complaints;
- The conditions under which and the manner in which the consumer can exercise his rights of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- The information regarding guarantees and service after purchasing;
- The price including taxes of the product, service or digital content; if applicable, the costs of delivery; and the method of payment, delivery or fulfilment of the distant agreement.
- The requirements for cancellation of the agreement if the agreement has a term longer than one year or is of an undetermined time.
- If the consumer has a right of withdrawal, a form for withdrawal.
- In the event of an extended duration contract, the stipulation in the previous paragraph applies only to the first delivery.
Article 6 – Right of withdrawal
For products:
- The consumer is able to dissolve an agreement with regards to the purchase of a product within the 14 day withdrawal period without giving a reason. The entrepreneur may request the reason for withdrawal, but not oblige the consumer to do so.
- The in the previous paragraph mentioned withdrawal period begins the day after the consumer, or a third party assigned by him, has received the last product, or:
- If the consumer has purchased multiple products in a single order: the day on which the consumer, or a third party assigned by him, has received the last product. The entrepreneur may, provided that he has informed the consumer appropriately prior to the ordering process, refuse an order of multiple products with a deviating delivery time.
- If the delivery of a product consists of multiple shipments or parts: the day the consumer, or a third party assigned by him, has received the last shipment or part;
- For agreements with regular deliveries of products during a certain period: the day the consumer, or a third party assigned by him, has received the first product;
For services and digital content not delivered on a tangible data carrier:”
- The consumer may terminate a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible data carrier for at least 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to state his reason(s).
- The withdrawal period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended withdrawal periods for products, services and digital content that has not been delivered on a tangible data carrier if you do not inform about the right of withdrawal.
- If the entrepreneur has not provided if the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period ends twelve months after the end of the original withdrawal period determined 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 effective date of the original withdrawal period, the withdrawal period expires 14 days after the day on which the consumer received that information
Article 7 – Consumer obligation during withdrawal period
- During the withdrawal period the consumer will handle the product and the packaging carefully. He will only unpack or use the product to establish the nature, features or the functioning of the product. The premise is that a consumer may handle and inspect a product, as he would in a store.
- The consumer is only responsible for the depreciation of a product if it is the consequence of the handling of a product that exceeds what is stated in the last paragraph.
- The consumer is not responsible for the deprecation of a product if the entrepreneur has not provided him with all legally required information about his rights of withdrawal before or during the agreement.
Article 8 – Exercising the withdrawal rights of the consumer and the costs associated
- If the consumer exercises his rights of withdrawal, he will notify the entrepreneur using the form for withdrawal, or another unambiguous method, within the withdrawal period.
- As soon as possible, but within 14 days after the in the previous paragraph mentioned notification, the consumer will send the product back, or hand over the product to a by the entrepreneur authorized person. This is not necessary if the entrepreneur offers to collect the product himself. The consumer has in any case considered the return period when he returns the product before the withdrawal period has expired.
- The consumer returns the product with all belongings delivered, if reasonably possible, in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and the burden of proof for the correct and timely execution of the rights of withdrawal lies with the consumer.
- The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs for return.
- If the consumer withdraws after first expressly requesting that the provision of the service or the supply of gas, water or electricity, that have not been made ready for sale in a limited volume or if a certain quantity starts during the withdrawal period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation that was fulfilled by the entrepreneur at the time of withdrawal, compared to full compliance with the commitment.
- The consumer bears no costs for the performance of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or for the supply of district heating if:
- the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in case of withdrawal or the model form for withdrawal;
- the consumer has not explicitly requested the commencement of the execution of the service or the supply of gas, water, electricity or district heating during the withdrawal period.
- The consumer bears no costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
- prior to delivery, he has not expressly agreed to commence performance of the agreement before the end of the withdrawal period.
- he has not acknowledged that he loses his right of withdrawal when giving his consent; or
- the entrepreneur has neglected to confirm the statement of the consumer
- If the consumer makes use of his right of withdrawal, all additional agreements will be terminated by operation of law.
Article 9 – Obligations of the entrepreneur in case of withdrawal
- If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt after the notification is received.
- The entrepreneur reimburses all payments from 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 reports the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
- The entrepreneur uses the same method of payment that the consumer has used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
Article 10 – Exclusion of withdrawal rights
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:
- Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which can occur within the withdrawal period;
- Agreements concluded during a public auction. A public auction means a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or who is given the opportunity to be personally present at the auction, under the supervision of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
- Service contracts, after full performance of the service, but only if:
- execution has begun with the explicit prior consent of the consumer; and
- the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
- Package travel as referred to in Article 7:500 BW and passenger transport contracts;
- Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, freight transport, car rental services and catering;
- Agreements related to leisure activities, if in the agreement a specific date or period is provided.
- Products manufactured according to the consumer’s specifications, which hare 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;
- Products that spoil quickly or have a limited shelf life;
- Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
- Products that by their nature are irrevocably mixed with other products;
- Alcoholic drinks, of which the price was agreed when the contract was concluded, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market on which the entrepreneur has no influence;
- Sealed audio, video recordings and computer software, of which the seal was broken after delivery;
- Newspapers and magazines, with the exception of subscriptions to these;
- The delivery of digital content other than on a tangible medium, but only if:
- execution has begun with the explicit prior consent of the consumer; and
- 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 as a result of changes in VAT rates.
- 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 with variable prices. This link to fluctuations and the fact that any prices quoted are target prices, are stated in the offer.
- Price increases within 3 months of the agreement are only permitted if they are the result of statutory regulations or provisions.
- Price increases within 3 months of the agreement are only permitted if the entrepreneur has stipulated this and:
- these are the result of statutory regulations or provisions; or
- the consumer is authorized to terminate the agreement with effect form the day on which the price increase takes effect.
- The prices stated in the offer of products or services include VAT.
Article 12 – Compliance and guarantee
- The entrepreneur guarantees that the products and/or service comply with the agreement, the specification stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the day of the agreement and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- An additional guarantee provided by the entrepreneur, his supplier, manufacturer of importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfil his part of the agreement.
- An extra guarantee means any obligation of the entrepreneur, his supplier, importer of 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 fulfil his part of the agreement.
Article 13 – Delivery and fulfilment
- The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of service.
- The place of delivery is the address that the consumer has made known to he entrepreneur.
- Subject to what is stated about this in article 4 of these terms and conditions, the entrepreneur will execute accepted order expeditiously, but at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract without costs and the right to possible compensation.
- After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer was paid.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a third party assigned authorized by him, unless explicitly agreed otherwise.
Article 14 – Payment
- Unless stipulated otherwise in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the withdrawal period, or in the absence of a withdrawal period, after the closing of the agreement. In the event of an agreement to provide a service, this period commences on the day after the consumer has received confirmation of the agreement.
- When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. When prepayment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) concerned before the stipulated prepayment takes place.
- The consumer has the duty to report inaccuracies in payment data provided or stated to the entrepreneur without delay.
- If the consumer does not meet his payment obligation(s) in 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 meet his payment obligations, after payment has not been made within this 14-day period, statutory interest is due on the amount still 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% on the next €2,500 and 5% on the next €5,000 with a minimum of €40,-. The entrepreneur can deviate from the aforementioned amounts and percentages for the benefit of the consumer.
Article 15 – Complaints procedure
- The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complains procedure.
- Complaints about the performance of the agreement must be submitted fully and clearly described 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 reply within the 14 day period with a notice of receipt and an indication when the consumer can expect a more detailed answer.
- The consumer must in any case give the entrepreneur 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute resolution.
Article 16 – Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
Article 17 – Additional or deviating stipulations
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 in such a way that they can be stored by to consumer in an accessible manner on a tangible data carrier