Terms and Conditions
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 cooling-off period
Article 8 – Exercise of the right of withdrawal by the consumer and its costs
Article 9 – Obligations of the entrepreneur in case of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Performance and additional warranty
Article 13 – Delivery and execution
Article 14 – Long-term transactions: duration, termination, 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 definitions apply:
- Additional agreement: an agreement whereby the consumer acquires products, digital content, and/or services related to a distance contract, and these goods, digital content, and/or services are provided by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur.
- Cooling-off period: the period within which the consumer can exercise their right of withdrawal.
- Consumer: the natural person who is not acting for purposes relating to their trade, business, craft, or profession.
Day: calendar day. - Digital content: data that are produced and supplied in digital form.
Long-term agreement: an agreement that aims at the regular supply of goods, services, and/or digital content over a certain period. - Durable medium: any tool, including email, that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future access or use for a period tailored to the purpose for which the information is intended, and that allows the unchanged reproduction of the stored information.
- Right of withdrawal: the consumer’s ability to withdraw from the distance contract within the cooling-off period.
- Entrepreneur: the natural or legal person who offers products, (access to) digital content, and/or services at a distance to consumers.
- Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of a system for distance selling of products, digital content, and/or services, where the conclusion of the contract is exclusively or partly facilitated by one or more means of distance communication up to and including the conclusion of the contract.
- Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I does not need to be provided if the consumer does not have the right of withdrawal regarding their order.
- Means of distance communication: a tool that can be used for concluding an agreement without the consumer and entrepreneur needing to be together in the same place simultaneously.
Article 2 – Identity of the entrepreneur
Trade name: Club 41 The Netherlands
Business address: Paasloerweg 10a, 8378JB Paasloo
Email address: shopkeeper@41club.nl
Chamber of Commerce (KvK) number: 60394056
VAT identification number: N/A
If the entrepreneur’s activity is subject to a relevant licensing system: the details of the supervisory authority.
If the entrepreneur practices a regulated profession:
the professional association or organization to which they are affiliated;
the professional title, the place in the EU or the European Economic Area where it was granted;
a reference to the professional rules applicable in the Netherlands and indications of where and how these professional rules can be accessed.
Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If it is not reasonably possible, the entrepreneur will, before the distance contract is concluded, indicate how the general terms and conditions can be viewed by the entrepreneur and that they will be sent to the consumer free of charge upon request as soon as possible.
If the distance contract is concluded electronically, in deviation from the previous clause 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 it 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 accessed electronically, and that they will be sent to the consumer electronically or by other means free of charge upon request.
In the event that specific product or service conditions are also applicable in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and the consumer can always invoke the applicable provision that is most favorable to them in case of conflicting conditions.
Article 4 – The offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products, services, and/or digital content. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to accepting the offer.
Article 5 – The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur confirms without delay the 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.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.
The entrepreneur can, within legal frameworks, ascertain whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution, with reasons given.
The entrepreneur will provide the following information to the consumer in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, no later than at the time of delivery of the product, service, or digital content:
The visiting address of the entrepreneur’s establishment where the consumer can address complaints;
The conditions and manner in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
Information about warranties and existing post-purchase services;
The price, including all taxes, of the product, service, or digital content; where applicable, the delivery costs; and the method of payment, delivery, or execution of the distance contract;
The requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;
If the consumer has a right of withdrawal, the model withdrawal form.
In the case of a long-term transaction, the provision in the preceding paragraph applies only to the first delivery.
Article 6 – Right of withdrawal
For products:
The consumer may terminate an agreement regarding the purchase of a product within a cooling-off period of at least 14 days without giving any reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot compel them to provide their reason(s).
The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may refuse an order for multiple products with different delivery times, provided that he has informed the consumer clearly about this before the ordering process.
If the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;
For contracts for the regular supply of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content not supplied on a tangible medium:
The consumer may terminate a services contract and a contract for the supply of digital content not supplied on a tangible medium within at least 14 days without giving any reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot compel them to provide their reason(s).
The cooling-off period mentioned 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 in case of failure to inform about the right of withdrawal:
If the entrepreneur 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.
If the entrepreneur 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
During the cooling-off period, the consumer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product. The principle here is that the consumer may handle and inspect the product only as he would be allowed to do in a store.
The consumer is only liable for any diminished value of the product resulting from handling the product in a manner beyond what is permitted in paragraph 1.
The consumer is not liable for any diminished value 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 its costs
If the consumer exercises his right of withdrawal, he shall do so within the cooling-off period by means of the model withdrawal form or by any other unambiguous method to the entrepreneur.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to the entrepreneur (or an authorized representative). This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer has in any case observed the return period if he returns the product before the expiration of the cooling-off period.
The consumer returns the product with all delivered accessories, if reasonably possible, in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not notified the consumer that they must bear these costs or if the entrepreneur indicates that they will bear the costs themselves, the consumer does not have to bear the costs of returning the product.
If the consumer withdraws after having expressly requested that the service provision or the supply of gas, water, or electricity not made ready for sale in a limited volume or quantity begins during the cooling-off period, the consumer owes the entrepreneur an amount proportional to that part of the obligation that the entrepreneur has fulfilled at the time of withdrawal, compared to the full performance of the obligation.
The consumer bears no costs for the performance of services or the supply of water, gas, or electricity 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 reimbursement of costs upon withdrawal, or the model withdrawal form, or;
the consumer has not expressly requested the commencement of the performance of the service or the supply of gas, water, electricity, or district heating during the cooling-off period.
The consumer bears no costs for the full or partial supply of digital content not supplied on a tangible medium if:
he has not expressly agreed to the commencement of the performance of the contract before the end of the cooling-off period;
he has not acknowledged losing his right of withdrawal upon granting his consent; or
the entrepreneur has failed to confirm this statement from the consumer.
If the consumer exercises his right of withdrawal, all supplementary agreements are dissolved by operation of law.
Article 9 – Obligations of the entrepreneur in case of withdrawal
If the entrepreneur enables the consumer to give notice of withdrawal electronically, he shall send a confirmation of receipt immediately after receiving this notification.
The entrepreneur shall refund 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 themselves, they may wait to refund until they have received the product or until the consumer demonstrates that they have returned the product, whichever occurs earlier.
The entrepreneur uses the same means of payment for the refund that the consumer used, 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 is not required to refund the additional costs for the more expensive method.
Article 10 – Exclusion of the right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly stated this in the offer, at least in a timely manner before the conclusion of the contract:
Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no control and which may occur within the withdrawal period;
Contracts concluded during a public auction. By a public auction is meant a sales method whereby products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the supervision of an auctioneer, and where 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:
the execution has begun with the consumer’s express prior consent; and
the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the contract;
Package holidays as referred to in Article 7:500 of the Dutch Civil Code and agreements for passenger transport;
Service contracts for the provision of accommodation, if a specific date or period of performance is provided for in the contract and other than for residential purposes, goods transport, car rental services, and catering;
Contracts relating to leisure activities, if a specific date or period of performance thereof is provided for in the contract;
Products manufactured according to the consumer’s specifications, which are not prefabricated and which are manufactured based on the consumer’s individual choice or decision, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products which are not suitable for return due to health protection or hygiene reasons and whose sealing has been removed after delivery;
Products which, by their nature, are inseparably mixed with other items after delivery;
Alcoholic beverages whose price has been agreed upon at the time of concluding the contract, but the delivery of which can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no control;
Sealed audio, video recordings, and computer software, the sealing of which has been broken after delivery;
Newspapers, magazines, or periodicals, with the exception of subscriptions to these;
The delivery of digital content other than on a tangible medium, but only if:
the execution has begun with the consumer’s express prior consent; and
the consumer has declared that by agreeing to this, they forfeit their right of withdrawal.
Article 11 – The price
During the validity period mentioned 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.
In deviation from the previous clause, the entrepreneur can offer products or services with prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependency on fluctuations and the fact that any prices mentioned are indicative prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
they are the result of legal regulations or provisions; or
The consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
Article 12 – Performance of the contract and additional guarantee
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.
An additional guarantee provided by the entrepreneur, their supplier, manufacturer, or importer never limits the legal rights and claims the consumer may enforce against the entrepreneur based on the contract if the entrepreneur fails to fulfill their part of the contract.
An additional guarantee is understood to mean any commitment by the entrepreneur, their supplier, importer, or manufacturer in which they grant the consumer certain rights or claims that go beyond what they are legally obligated to provide in the event of their failure to fulfill their part of the contract.
Article 13 – Delivery and execution
The entrepreneur shall exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
The address provided by the consumer to the entrepreneur shall be deemed the place of delivery.
In accordance with the provisions of Article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders promptly and no later than within 30 days, unless a different delivery period has been agreed upon. If the delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer shall be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation for damages.
After dissolution in accordance with the previous clause, the entrepreneur will refund the amount paid by the consumer without delay.
The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.
Article 14 – Long-term transactions: duration, termination, and extension
Termination:
The consumer can terminate an agreement that has been entered into for an indefinite period and that aims to regularly deliver products (including electricity) or services at any time, observing the agreed termination rules and a notice period of up to one month.
The consumer can terminate an agreement that has been entered into for a definite period and that aims to regularly deliver products (including electricity) or services at any time before the end of the specified duration, observing the agreed termination rules and a notice period of up to one month.
The consumer can terminate the agreements mentioned in the previous sections:
terminate at any time and not be limited to termination at a specific time or during a specific period;
at least terminate in the same manner as they were entered into by him;
always terminate with the same notice period as the entrepreneur has stipulated for himself.
Extension:
An agreement concluded for a definite period and which aims at the regular delivery of products (including electricity) or services, may not be tacitly renewed or extended for a definite period.
Contrary to the previous clause, an agreement concluded for a definite period and which concerns the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a specific duration of up to three months if the consumer can terminate this extended agreement towards the end of the extension period with a notice period of at most one month.
An agreement entered into for a definite period and which concerns the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer is entitled to terminate it at any time with a notice period of at most one month. The notice period is at most three months if the agreement concerns the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for the purpose of introduction (trial or introductory subscription) shall not be automatically renewed and shall end automatically upon expiration of the trial or introductory period.
Duration:
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
Unless otherwise stipulated in the agreement or additional terms, the amounts owed by the consumer must be paid within 14 days after the commencement of the cooling-off period, or in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period commences on the day following the consumer’s receipt of the confirmation of the agreement.
In the sale of products to consumers, the consumer may never be obliged in the general terms and conditions to make an advance payment of more than 50%. If an advance payment has been agreed upon, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the agreed advance payment has been made.
The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
If the consumer does not fulfill his payment obligation(s) in a timely manner, after being reminded by the entrepreneur of the late payment and the entrepreneur has given the consumer a period of 14 days to still meet his payment obligations, and payment remains outstanding after this 14-day period, the consumer will owe statutory interest on the outstanding amount 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 subsequent €2,500; and 5% on the next €5,000, with a minimum of €40. The entrepreneur can deviate from the mentioned amounts and percentages in favor of the consumer.
Article 16 – Complaints procedure
The entrepreneur has a sufficiently disclosed complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a message of receipt and an indication of when the consumer can expect a more detailed response.
The consumer must give the entrepreneur at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is subject to dispute resolution.
Article 17 – Disputes
Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
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 the consumer can store them in an accessible manner on a durable medium.
Attachment I: Model withdrawal form
Model Withdrawal Form
(This form should only be completed and returned if you wish to withdraw from the agreement)
To:
41 Club The Nederland
Paasloerweg 10a
8378JB Paasloo
secretary@41club.nl
I/We* hereby inform you that I/we* wish to revoke our agreement regarding
the sale of the following products: [aanduiding product]*
the delivery of the following digital content: [aanduiding digitale inhoud]*
the performance of the following service: [aanduiding dienst]*,
cancel/cancelled*
Ordered on*/received on* [datum bestelling bij diensten of ontvangst bij producten]
[Naam consumenten(en)]
[Adres consument(en)]
[Handtekening consument(en)] (only if this form is submitted on paper)
[Datum]
* Delete as appropriate or fill in as appropriate.
