Article 1 - Definitions
The following definitions apply in these conditions:
Withdrawal period: the period within which the consumer can exercise the right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and concludes a distance contract with the entrepreneur;
Day: calendar day;
Ongoing performance contract: a distance contract relating to a series of products and/or services to be supplied and/or purchased over a certain period of time;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers by distance selling;
Distance contract: a contract concluded within a system organized by the entrepreneur for distance selling of goods and/or services, whereby one or more means of distance communication are used exclusively up to and including the conclusion of the contract;
Distance communication technology: means that can be used for concluding a contract without the consumer and entrepreneur being physically present in the same place at the same time.
General Terms and Conditions: these present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Company name (legal form): Hoogerwerf Enterprise (sole proprietorship)
Owner: Bob Hoogerwerf
Address: De Jacht 17, 3261 TG Oud-Beijerland, Netherlands
Phone: +31 6 10 31 40 35
E-Mail: info@bolento.com
Article 3 - Applicability
These General Terms and Conditions apply to every offer of the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer.
Before concluding the distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before concluding the distance contract that the general terms and conditions can be inspected at the entrepreneur's business premises, and they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, the text of these General Terms and Conditions may be made available to the consumer electronically regardless of the preceding paragraph and before concluding the distance contract in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before concluding the distance contract where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise upon the consumer's request.
In the event that specific product or service conditions apply in addition to these General Terms and Conditions, paragraphs 2 and 3 shall apply accordingly, and in the case of conflicting General Terms and Conditions, the consumer may always rely on the provision most favorable to them.
Should one or more provisions of these General Terms and Conditions be wholly or partially invalid or void at any time, the contract and these terms and conditions shall remain in effect otherwise, and the relevant provision shall be replaced immediately by mutual agreement with a provision that comes as close as possible to the meaning of the original provision.
Situations not covered by these General Terms and Conditions are to be assessed "in the spirit" of these General Terms and Conditions.
Uncertainties about the interpretation or content of one or more provisions of our General Terms and Conditions are to be interpreted "in the sense" of these General Terms and 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 is non-binding. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make an appropriate assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious errors or obvious mistakes in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or termination of the contract.
The images belonging to the products are a faithful representation of the products offered. The operator cannot guarantee that the colors shown exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer which rights and obligations are associated with accepting the offer. This particularly concerns:
the price, excluding customs clearance fees and import VAT. These additional costs are borne by and at the risk of the customer. The postal and/or courier service will apply the special regulation for postal and courier services regarding imports. This regulation applies when the goods are imported into the EU destination country, which is the case here. The postal and/or courier service charges the VAT (whether together with the collected customs clearance fees or not) from the recipient of the goods;
any shipping costs;
the manner in which the agreement is concluded and what measures are required for this;
whether the right of withdrawal applies or not;
the method of payment, delivery, and performance of the contract;
the deadline for accepting the offer or the period within which the entrepreneur guarantees the price;
the amount of the distance communication tariff, if the costs for using the distance communication means are calculated on a basis other than the regular basic rate for the communication means used;
whether the contract will be archived after its conclusion and, if so, how the consumer can access it;
the manner in which the consumer can check and, if desired, correct the data provided by them in the context of the contract before concluding the contract;
all other languages in which the contract can be concluded besides Dutch;
the codes of conduct to which the trader has committed, and the manner in which the consumer can electronically access these codes of conduct; and
the minimum duration of the distance contract in the case of a fixed-term contract.
Optional: available sizes, colors, types of materials.
Article 5 - The Agreement
Subject to the provisions in paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfills the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur 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 cancel the contract.
If the contract is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to protect electronic data transmission and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may - within the legal framework - inquire whether the consumer is able to meet their payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good reasons based on this investigation not to conclude the contract, they are entitled to reject an order or application or to link the execution to special conditions by stating reasons.
The entrepreneur will provide the consumer with the following information with the product or service in writing or in a manner that allows the consumer to store it in an accessible way on a durable data carrier:
- the visiting address of the trader's branch to which the consumer can direct their complaints;
- the conditions under which and how the consumer can exercise their right of withdrawal, or a clear statement about the exclusion of the right of withdrawal;
- the information about warranties and the existing customer service;
- the data specified in Article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this data to the consumer before the conclusion of the contract;
- the conditions for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a fixed-term contract, the provision of the previous paragraph applies only to the first delivery.
Every contract is concluded under the suspensive condition of sufficient availability of the respective products.
Article 6 - Right of Withdrawal
When purchasing products, the consumer has the option to cancel the contract without giving reasons within 14 days. This reflection period begins the day after the consumer or a representative previously designated by the consumer and communicated to the entrepreneur receives the product.
During the reflection period, the consumer will handle the product and its packaging carefully. They will only unpack or use the product to the extent necessary to assess whether they want to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories and - if reasonably possible - in its original condition and in the original packaging to the entrepreneur, in accordance with the reasonable and clear instructions of the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they are obliged to inform the entrepreneur within 14 days of receiving the product. The consumer must communicate this in the form of a written message/email. After the consumer has declared that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods were sent back on time, for example by providing proof of shipment.
If the customer has not expressed their desire to exercise their right of withdrawal or has not returned the product to the entrepreneur after the deadlines mentioned in paragraphs 2 and 3 have expired, the purchase is final.
Article 7 - Costs in case of withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products shall be borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. The prerequisite is that the product has already been returned to the entrepreneur or conclusive proof of the complete return can be provided.
Article 8 - Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly pointed this out in the offer, at least in good time before the conclusion of the contract.
The exclusion of the right of withdrawal is only possible for products:
- that the entrepreneur manufactures according to the consumer's specifications;
- that are clearly of a personal nature;
- that cannot be returned due to their nature;
- that can spoil or age quickly;
- whose price is subject to fluctuations in the financial market over which the entrepreneur has no control;
- for individual newspapers and magazines;
- for audio and video recordings and computer software whose seal has been broken by the consumer.
- for hygiene products whose seal has been broken by the consumer.
The exclusion of the right of withdrawal is only possible for services:
- in relation to accommodation, transport, restaurant visits, or leisure activities to be carried out on a specific date or during a specific period;
- with their delivery having begun with the express consent of the consumer before the expiry of the reflection period;
- About bets and lotteries.
Article 9 - The Price
During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations on the financial market, which are beyond the entrepreneur's control, at variable prices. This linkage to fluctuations and the fact that the stated prices are guideline prices are indicated in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they arise from legal provisions or regulations.
Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has agreed to them and:
- they arise from legal provisions or regulations; or
- the consumer has the option to terminate the contract from the day the price increase takes effect.
According to Section 5(1) of the Turnover Tax Act 1968, the place of delivery is the country where the transportation begins. In this case, the delivery takes place outside the EU. Subsequently, the postal or courier service will collect the import VAT or clearance fees from the customer. Consequently, no VAT will be charged by the entrepreneur.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and Guarantee
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements for suitability and/or usability, and the legal provisions and/or official regulations existing at the time the contract is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for a use other than normal use.
A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur based on the contract.
Defective or incorrectly delivered products should be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in the original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
The delivered products were exposed to abnormal conditions or otherwise handled negligently or contrary to the entrepreneur's instructions and/or treated on the packaging;
The defectiveness is wholly or partly the result of regulations issued or to be issued by the government regarding the type or quality of the materials used.
Article 11 - Delivery and Execution
The entrepreneur will exercise the greatest possible care when receiving and executing orders for products.
The place of delivery is the address provided by the consumer to the company.
Subject to the provisions in Article 4 of these General Terms and Conditions, the company will execute accepted orders as quickly as possible, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed no later than 30 days after the order. In this case, the consumer has the right to cancel the contract without costs and the right to any compensation for damages.
In the event of termination according to the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after the termination.
If the delivery of an ordered product proves impossible, the entrepreneur will endeavor to deliver a replacement item. At the latest upon delivery, it will be clearly and understandably communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The entrepreneur bears the cost of any possible return shipment.
The risk of damage and/or loss of products lies with the entrepreneur until the time of handover to the consumer or a previously named and entrepreneur-notified representative, unless expressly agreed otherwise.
Article 12 - Duration Transactions: Duration, Termination, and Renewal
Scheduling
The consumer can terminate an indefinite contract concluded for the regular delivery of products (including electricity) or services at any time in compliance with the agreed termination rules and a notice period of no more than one month.
The consumer can terminate a fixed-term contract concluded for the regular delivery of products (including electricity) or services at any time at the end of the term. The agreed termination rules and a notice period of no more than one month apply.
The consumer can change the agreements mentioned in the preceding paragraphs:
end at any time and not be limited to termination at a specific time or period;
end them at least as they were concluded by them;
always terminate with the same notice period that the entrepreneur has set for themselves.
Extension
A contract concluded for a specific period that covers the regular delivery of products (including electricity) or services cannot be tacitly extended or renewed for a specific period.
Notwithstanding the preceding paragraph, a fixed-term contract concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly extended for a fixed term of no more than three months if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.
A fixed-term contract concluded for the regular delivery of goods or services can only be tacitly extended indefinitely if the consumer can terminate the contract at any time with a notice period of no more than one month, and with a notice period of no more than three months if the contract concerns the regular delivery of daily or weekly newspapers and magazines less than once a month.
A fixed-term contract for the regular delivery of daily or weekly newspapers and magazines as part of an introductory subscription (trial or introductory subscription) is not tacitly extended and automatically ends at the end of the trial or introductory period.
Duration
If a contract has a term of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the agreed term expires.
Article 13 - Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the reflection period referred to in Article 6(1). In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.
The consumer is obliged to immediately report any inaccuracies in the provided or mentioned payment data to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs that have been communicated to the consumer in advance.
Article 14 - Complaint Procedure
Complaints about the fulfillment of the contract must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved amicably, a dispute arises which is subject to dispute resolution.
A complaint does not suspend the operator's obligations unless the operator states otherwise in writing.
If a complaint is found justified by the operator, the operator will, at its discretion, either replace or repair the delivered products free of charge.
Article 15 - Legal Disputes
Dutch law exclusively applies to contracts between the entrepreneur and the consumer to which these general terms and conditions relate. Even if the consumer resides abroad.
Article 16 - CESOP
Due to the measures introduced and tightened from 2024 regarding the 'Law amending the Value Added Tax Act 1968 (Payment Service Provider Directive Implementation Act)' and thus the introduction of the Central Electronic Payment Information System (CESOP), payment service providers may register data in the European CESOP system.
