General 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 – Costs in case of revocation
- Article 8 – Exclusion of the right of withdrawal
- Article 9 – The price
- Article 10 – Conformity and warranty
- Article 11 – Delivery and execution
- Article 12 – Duration transactions: duration, termination and extension
- Article 13 – Payment
- Article 14 – Complaints procedure
- Article 15 – Disputes
- Article 16 – Additional or deviating provisions
Article 1 – Definitions
In these terms and conditions the following terms shall have the following meanings:
- Reflection period: the period within which the consumer can make use of his right of withdrawal;
- Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
- Day: calendar day;
- Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
- Durable medium: any instrument which enables the consumer or entrepreneur to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information.
- Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;
- Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
- Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
- Distance communication technology: means that can be used to conclude an agreement without the consumer and entrepreneur being in the same place at the same time.
Article 2 – Identity of the entrepreneur
Secretdeals.nl
Celsiusweg 10
8503 AC Joure
Telephone number: 0513 – 20 30 61 available between 09:00 – 12:00 (except Tuesdays)
Email address: service@geheimedeals.nl
Chamber of Commerce number: 93640285
VAT identification number: NL866477032B01
Article 3 – Applicability
- These general terms and conditions apply to every offer made by 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 this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur and that they will be sent to the consumer free of charge as soon as possible at the consumer's request.
- If the distance contract is concluded electronically, 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 them on a durable data carrier. 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 free of charge to the consumer electronically or otherwise at the consumer's request.
- 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 the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting general terms and conditions.
Article 4 – The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in 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 properly assess the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. 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 rights and obligations are attached to accepting the offer. This concerns in particular:
- the price including taxes;
- any costs of delivery;
- the manner in which the agreement will be concluded and the actions required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and execution of the agreement;
- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the level of the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular basic rate for the means of communication used;
- whether the agreement is archived after it has been concluded and, if so, how the consumer can consult it;
- the manner in which the consumer, before concluding the agreement, can check and, if necessary, correct the data provided by him in the context of the agreement;
- any other languages in which, in addition to Dutch, the agreement may be concluded;
- the codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the event of a continuous transaction.
Article 5 – The agreement
- Subject to the provisions of paragraph 4, the agreement is concluded at the time the consumer accepts the offer and meets the conditions set therein.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as 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 will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
- The entrepreneur may – within legal frameworks – inquire whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur, based on this investigation, has good reasons not to enter into the contract, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
- The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
- the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
- 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;
- the information about guarantees and existing after-sales service;
- the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
- In the case of a continuing transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal
The right of withdrawal does not apply to B2B.
When delivering products to consumers (B2C)
Upon delivery of products:
- When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. After this dissolution, the customer has another 14 days to return his or her product. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
- During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The entrepreneur is not responsible for damage, loss or theft of returned items.
When providing services:
- When providing services, the consumer has the option to terminate the agreement without giving any reason for at least fourteen days, starting on the day the agreement is concluded.
- In order to exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.
- Cancellations for B2B are only permitted after consultation with the entrepreneur, if these are made in writing, and within 24 hours after ordering. In the event of cancellation, the business customer owes the entrepreneur all reasonably incurred costs, without prejudice to the entrepreneur's right to compensation for full damages. Non-standard stock material and specially ordered material cannot be returned or cancelled by the B2B, in short, a purchase obligation.
Article 7 – Costs in case of revocation
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If the consumer exercises his right of withdrawal, at most the costs of return will be borne by the consumer. If the package was delivered by a special courier (not DHL, DPD or PostNL) the return costs are variable.
The entrepreneur is not responsible for damage, loss or theft of returned items. - If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 working days after the return or cancellation. The costs for the gift wrapping remain for the consumer.
- If the product does not meet the return conditions, the costs for returning the product will be charged to the consumer.
- Letterbox package Netherlands - € 4.95
- Parcel Netherlands – €9.95 (parcels smaller than 100x50x50 cm.)
- Package Netherlands large – € 15.95 (packages larger than 100x50x50 cm.)
- EU country package – €12.95
- Parcels with special courier, due to size or weight – from € 50,= (depending on product size).
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If the consumer has not sent the return shipment to Celsiusweg 10, 8503 AC Joure, processing costs will be charged. The entrepreneur ensures that the order is returned to the relevant address in Joure. These costs vary per order and depend on the size of the package. All information regarding the costs can be found via the link: https://www.postnl.nl/api/assets/blt43aa441bfc1e29f2/blt86165c55564dbfca/6548fd7cea599d040acb50ee/tarievenfolder-2024-versie3.pdf
This amount will be deducted from the purchase price if the invoice at Riverty/Billink or IN3 is changed. - The consumer has 14 days to respond to the message indicating that the package has been refused. If no response is received, the package will be destroyed after 14 days.
Article 8 – Exclusion of the right of withdrawal
- The entrepreneur can exclude the consumer's right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
- Exclusion of the right of withdrawal is only possible for products:
- which have been created by the entrepreneur in accordance with the consumer's specifications;
- that are clearly personal in nature;
- which cannot be returned due to their nature; this includes items such as CBD, oils, hygiene products, vibrators, licenses, courses and the like.
- that can spoil or become outdated quickly;
- the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has broken the seal or has received a license key.
- Exclusion of the right of withdrawal is only possible for services:
- concerning accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;
- the supply of which has commenced with the express consent of the consumer before the cooling-off period has expired;
- concerning betting and lotteries.
- Business customers (B2B) do not have the right of return, not for standard stock material and not for standard specially ordered material.
Article 9 – The price
- 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 due to changes in VAT rates.
- By way of exception to the previous paragraph, the entrepreneur may 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 subjection to fluctuations and the fact that any prices stated are target prices shall be stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion 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 has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
- The prices stated in the offer of products or services include VAT.
Article 10 – Conformity and Warranty
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for 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 under the agreement.
Article 11 – Delivery and execution
- The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
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Incorrect address information:
The place of delivery is the address that the consumer has made known to the company. The consumer is responsible for placing a correct delivery address. If the consumer gives an incorrect address in his or her order, the entrepreneur cannot be held responsible for this. -
Reshipment after return receipt by the entrepreneur
If the product is returned to the entrepreneur, the costs for the new shipment will be for the consumer. - Letterbox package Netherlands – € 3.95
- Parcel Netherlands – €7.95 (parcels smaller than 100x50x50 cm.)
- Package Netherlands large – € 9.95 (packages larger than 100x50x50 cm.)
- EU country package – €9.50
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Reshipment after late return by consumer
If the product is returned to the entrepreneur outside the set period. The shipment will be refused. The costs incurred for returning to the consumer are therefore for the consumer. - Letterbox package Netherlands – €4.95
- Parcel Netherlands – €8.95 (parcels smaller than 100x50x50 cm.)
- Package Netherlands large – € 13.00 (packages larger than 100x50x50 cm.)
- EU country package – €10.95
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Cancellation after return receipt by the entrepreneur
If the order is returned to the company and the consumer decides not to purchase the product, the shipping costs will be retained. - Letterbox package Netherlands – €4.95
- Parcel Netherlands – €8.95 (parcels smaller than 100x50x50 cm.)
- Package Netherlands large – € 13.00 (packages larger than 100x50x50 cm.)
- EU Country Package – €16.95
-
Refusal of package at door
If the consumer refuses the order at the door, the shipping costs will be charged to the consumer.
– Letterbox package Netherlands – €7.95
– Parcel Netherlands – € 10.95 (parcels smaller than 100x50x50 cm.)
– Package Netherlands Large – € 16.95 (packages larger than 100x50x50 cm.)
– EU country package – €16.95
– Parcel courier service, no DHL, PostNL, DPD) – € 50.00 -
Package not collected at a collection point
If the consumer has not collected the order on time at a collection point of the relevant courier, the shipping costs will be charged to the consumer. - Letterbox package Netherlands – €6.95
- Parcel Netherlands – € 10.95 (parcels smaller than 100x50x50 cm.)
- Package Netherlands large – € 16.95 (packages larger than 100x50x50 cm.)
- EU Country Package – €16.95
-
Parcel return – Courier service
If a courier service cannot deliver the ordered product to the consumer and the product is returned, the costs for transport will be charged to the consumer.
The costs are €50 per product ordered.
For example:
– the product cannot fit through the stairwell;
– the product cannot pass through the door frame;
– the product cannot go around a certain corner;
– the product cannot be delivered to the desired room. -
Cancellation of order
If the order is cancelled after completion of the order, an administration fee will be charged. This is 10% of the total purchase amount. - Taking into account what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be notified of this at the latest 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs.
- In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
- If the package is not delivered within the stated delivery time, or if the track and trace code indicates that the package has been delivered, the consumer must have notified the entrepreneur within 7 days (5 working days) by telephone or email. After this period, no investigation can be started to find out where the package was delivered.
- If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement article is being delivered. The right of withdrawal cannot be excluded for replacement articles. The costs of any return shipment are for the account of the entrepreneur.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.
- When the consumer chooses to pay via Riverty, it is not possible to change the address, nor is it possible to deliver the package to an address other than the one specified.
Article 12 – Duration transactions: duration, termination and extension
Cancellation
- The consumer may at any time terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, taking into account the agreed termination rules and a notice period of no more than one month.
- The consumer may terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, taking into account the agreed termination rules and a notice period of no more than one month.
- The consumer may terminate the agreements referred to in the previous paragraphs:
- cancel at any time and not be limited to cancellation at a specific time or during a specific period;
- at least cancel in the same manner as they were entered into by him;
- always cancel with the same notice period as the entrepreneur has stipulated for himself.
Extension
1. An agreement entered into for a fixed period and aimed at the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
2. Notwithstanding the previous paragraph, an agreement entered into for a fixed period and aimed at the regular delivery of daily newspapers, weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer can cancel this extended agreement at the end of the extension with a notice period of up to one month.
3. An agreement entered into for a definite period and which provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of no more than three months in the event that the agreement provides for the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
4. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for the purpose of getting to know each other (trial or introductory subscription) will not be tacitly continued and will end automatically after 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 term.
Article 13 – Payment
- Unless otherwise agreed, amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
- When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. If an advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
- The consumer has the duty to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.
- In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 – Complaints procedure
- The entrepreneur has a sufficiently well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the execution of delivery of packages must be submitted to the entrepreneur fully and clearly described within 7 days after the courier (track and trace code) has indicated that the package has been delivered.
- Complaints about the performance of the agreement 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 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 period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
- If the product is replaced in its entirety and the consumer receives a return label for the defective item, the defective item must be returned to the relevant postal company within 7 calendar days. If the consumer does not comply with this, the costs of the additional item received will be invoiced to the consumer.
- If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
- In case of complaints, a consumer should first contact the entrepreneur. In case of complaints that cannot be resolved by mutual agreement, the consumer should contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If a solution is still not reached, the consumer has the option of having his complaint handled by the independent disputes committee appointed by WebwinkelKeur, the decision of which is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the committee in question. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
- A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
- If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
Article 16 – Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.