Table of contents:

Article   1 – Definitions
Article   2 – Identity of the trader
Article   3 – Applicability
Article   4 – The offer
Article   5 – The contract
Article   6 – Right of withdrawal
Article   7 – Obligations of the consumer during the withdrawal period
Article   8 – Exercise of the right of withdrawal by the consumer and the costs thereof
Article   9 – Obligations of the trader in the event of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Performance and additional guarantee
Article 13 – Delivery and performance
Article 14 – Payment
Article 15 – Complaints procedure
Article 16 – Disputes
Article 17 – Additional or different provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Additional contract: a contract under which the consumer acquires products, digital content and/or services in connection with a distance contract, and these goods, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;
2. Withdrawal period: the period within which the consumer may exercise their right of withdrawal;
3. Consumer: the natural person who is not acting for purposes relating to their trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and supplied in digital form;
6. Continuing performance contract: a contract for the regular supply of goods, services and/or digital content during a certain period;
7. Durable medium: any instrument – including e-mail – that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and which allows the unchanged reproduction of the stored information;
8. Right of withdrawal: the consumer's option to cancel the distance contract within the withdrawal period;
9. Trader: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
10. Distance contract: a contract concluded between the trader and the consumer within the framework of an organised system for the distance selling of products, digital content and/or services, whereby exclusive or additional use is made of one or more means of distance communication up to and including the conclusion of the contract;
11. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I need not be made available if the consumer has no right of withdrawal in respect of their order;
12. Means of distance communication: a means that can be used to conclude a contract without the consumer and trader having to be together in the same room at the same time.

Article 2 – Identity of the trader

Sfeerwonen & Zo B.V.

Westeinde 56, 1474 HC Oosthuizen, the Netherlands

+31 (0)85 043 00 36
info@sfeerwonenenzo.nl

Chamber of Commerce (KvK) number: 96885793
VAT identification number: NL867815723B01

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the trader's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
3. If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge, electronically or otherwise, upon request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting terms and conditions the consumer may always rely on the applicable provision that is most favourable to them.

Article 4 – The offer

1. If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
2. The offer contains a 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 trader uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on the trader.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 – The contract

1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions attached to it.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the trader has not confirmed receipt of this acceptance, the consumer may cancel the contract.
3. If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures to that end.
4. Within the limits of the law, the trader may inform itself as to whether the consumer can meet their payment obligations, as well as of all facts and factors that are relevant to the responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the contract, it is entitled to refuse an order or application, stating its reasons, or to attach special conditions to its performance.
5. At the latest upon delivery of the product, service or digital content to the consumer, the trader will send the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
6. the visiting address of the trader's establishment where the consumer can lodge complaints;
7. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
8. information about guarantees and existing after-sales service;
9. the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
10. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
11. if the consumer has a right of withdrawal, the model withdrawal form.
12. In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

For products:

1. The consumer may cancel a contract relating to the purchase of a small product during a withdrawal period of at least 14 days without giving reasons. The trader may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state their reason(s).
2. Upon delivery of large products (cabinets, sofas, tables, etc.), the consumer may inspect the product at the door or in the transport company's lorry. If the product does not then meet the consumer's expectations, the transport company can take it back. Once the product is already in the consumer's home, it can no longer be taken back.
3. The withdrawal period referred to in paragraph 1 commences 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:
4. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. The trader may, provided it has clearly informed the consumer of this prior to the ordering process, refuse an order for several products with different delivery times.
5. if the delivery of a product consists of several consignments or parts: the day on which the consumer, or a third party designated by them, has received the last consignment or the last part;

Article 7 – Obligations of the consumer during the withdrawal period

1. During the withdrawal period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a shop.
2. The consumer is only liable for any diminished value of the product resulting from handling the product beyond what is permitted in paragraph 1.
3. The consumer is not liable for any diminished value of the product if the trader has not provided them with all the legally required information about the right of withdrawal before or upon conclusion of the contract.

Article 8 – Exercise of the right of withdrawal by the consumer and the costs thereof

1. If the consumer exercises their right of withdrawal, they will notify the trader of this within the withdrawal 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 authorised representative of) the trader. This is not necessary if the trader has offered to collect the product itself. The consumer has in any case complied with the return period if they return the product before the withdrawal period has expired.
3. The consumer will return the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer bears the direct costs of returning the product. If the trader has not stated that the consumer must bear these costs, or if the trader indicates that it will bear the costs itself, the consumer does not have to bear the costs of returning the product.

Article 9 – Obligations of the trader in the event of withdrawal

1. If the trader makes it possible for the consumer to give notice of withdrawal electronically, it will send an acknowledgement of receipt immediately after receiving this notice.
2. The trader will refund all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days following the day on which the consumer notifies the trader of the withdrawal. Unless the trader offers to collect the product itself, it may withhold the refund until it has received the product or until the consumer has demonstrated that they have returned the product, whichever is the earlier.
3. The trader will use 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.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the trader does not have to refund the additional costs of the more expensive method.
5. If a product is not returned in its original packaging, or if the packaging is damaged (for example torn or dented), we are obliged to charge €50. These costs cover the repackaging and/or the diminished value of the product.

Article 10 – Exclusion of the right of withdrawal

The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, or at least in good time before the conclusion of the contract:

1. Products or services whose price is dependent on fluctuations in the financial market over which the trader has no influence and which may occur within the withdrawal period;
2. Contracts concluded during a public auction. A public auction is understood to mean a method of sale whereby products, digital content and/or services are offered by the trader to the consumer who attends or is given the possibility to attend the auction in person, 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:
4. performance has begun with the express prior consent of the consumer; and
5. the consumer has declared that they lose their right of withdrawal once the trader has fully performed the contract;

Article 11 – The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding the previous paragraph, the trader may offer products or services whose prices are dependent on fluctuations in the financial market over which the trader has no influence at variable prices. This dependence on fluctuations and the fact that any prices stated are indicative prices will be stated in the offer.
3. Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:
5. they result from statutory regulations or provisions; or
6. the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
7. The prices stated in the offer of products or services include VAT.

Article 12 – Performance of the contract and additional guarantee

1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the contract was concluded. If agreed, the trader also guarantees that the product is suitable for use other than normal use.
2. An additional guarantee provided by the trader, its supplier, manufacturer or importer never limits the statutory rights and claims that the consumer may assert against the trader under the contract if the trader has failed to fulfil its part of the contract.
3. An additional guarantee is understood to mean any undertaking by the trader, its supplier, importer or manufacturer in which it grants the consumer certain rights or claims that go beyond what it is legally required to provide in the event that it has failed to fulfil its part of the contract.

Article 13 – Delivery and performance

1. The trader will exercise the greatest possible care when receiving and performing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the trader.
3. With due observance of what is stated in Article 4 of these general terms and conditions, the trader will perform accepted orders with due speed but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be performed or can only be performed in part, 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 cancel the contract free of charge and is entitled to any compensation.
4. After cancellation in accordance with the previous paragraph, the trader will refund the amount paid by the consumer without delay.
5. The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 14 – Payment

1. Unless otherwise stipulated in the contract or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days of the start of the withdrawal period or, in the absence of a withdrawal period, within 14 days of the conclusion of the contract. In the case of a contract for the provision of a service, this period commences on the day after the consumer has received confirmation of the contract.
2. When selling products to consumers, the consumer may never be obliged under general terms and conditions to pay more than 50% in advance. Where advance payment has been stipulated, the consumer cannot assert any rights regarding the performance of the order or service(s) in question before the stipulated advance payment has been made.
3. The consumer is obliged to report any inaccuracies in payment details provided or stated to the trader without delay.
4. If the consumer fails to meet their payment obligation(s) on time, then, after the trader has notified them of the late payment and has granted the consumer a period of 14 days in which to still meet their payment obligations, and payment has not been made within this 14-day period, the consumer will owe statutory interest on the amount still outstanding and the trader will be entitled to charge the extrajudicial collection costs it has incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500 and 5% on the next €5,000, with a minimum of €40. The trader may deviate from the stated amounts and percentages in favour of the consumer.

Article 15 – Complaints procedure

1. The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the performance of the contract must be submitted to the trader, fully and clearly described, within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the trader will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
4. The consumer must in any case give the trader 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is eligible for the dispute resolution procedure.

Article 16 – Disputes

1. Contracts between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.

Article 17 – Additional or different provisions

Additional provisions or provisions that deviate 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.

Sfeerwonen Enzo is not responsible for any typing errors in prices and/or descriptions and is entitled to adjust prices and/or descriptions at any time.