Terms and Conditions

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 - 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 guarantee
Article 13 - Delivery and performance
Article 14 - Continuing performance contracts: duration, termination and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or different provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

• Supplementary agreement: an agreement under which the consumer acquires products, digital content and/or services in connection with a distance contract, where these items, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;
• Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
• Consumer: a natural person who does not act for purposes relating to their trade, business, craft or profession;
• Day: calendar day;
• Digital content: data produced and supplied in digital form;
• Continuing performance contract: an agreement that provides for the regular delivery of goods, services and/or digital content during a certain period;
• Durable medium: any means - including email - that enables the consumer or the entrepreneur to store information addressed to them personally in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and that allows the unchanged reproduction of the stored information;
• Right of withdrawal: the possibility for the consumer 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 to consumers at a distance;
• Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for the distance sale of products, digital content and/or services, in which, up to and including the conclusion of the agreement, exclusive or joint use is made of one or more techniques for distance communication;
• Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I does not have to be provided if the consumer has no right of withdrawal for their order;
• Technique for distance communication: a means that can be used to conclude an agreement without the consumer and the entrepreneur having to be in the same room at the same time.

Article 2 - Identity of the entrepreneur

PrepPack (part of EcomTrails BV)
Hanzeweg 31
7418 AV Deventer
The Netherlands

Email: klantenservice@preppack.nl
Chamber of Commerce (KvK) number: 65487214
VAT identification number: NL856132378B01

If the activity of the entrepreneur is subject to a relevant licensing regime: the details of the supervisory authority.

If the entrepreneur practises a regulated profession:

• the professional association or organisation of which they are a member;
• the professional title and the place in the EU or the European Economic Area where it was awarded;
• a reference to the professional rules that apply in the Netherlands and information on where and how these professional rules can be accessed.

Article 3 - Applicability

• These general terms and conditions apply to every offer of 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 is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.
• 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 read electronically and that they will be sent free of charge, electronically or otherwise, at the consumer's request.
• If 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 conditions the consumer can always rely on the applicable provision that is most favourable to them.

Article 4 - The offer

• If an offer has a limited period of validity or is made subject to conditions, this is stated explicitly 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 true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
• Every offer contains such information that it is clear to the consumer which rights and obligations are attached to accepting the offer.

Article 5 - The agreement

• Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set for it.
• If the consumer has accepted the offer electronically, the entrepreneur will confirm receipt of the acceptance of the offer electronically without delay. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
• If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organisational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
• Within the legal framework, the entrepreneur may find out whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to its performance.
• No later than on delivery of the product, service or digital content to the consumer, the entrepreneur 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:

• the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
• the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
• the information about guarantees and existing after-sales service;
• 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;
• the requirements for terminating 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 continuing performance contract, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal

For products:

• The consumer may dissolve an agreement for the purchase of a product during a cooling-off period of at least 14 days without giving any reason. This also applies to discounted (sale) items. The entrepreneur may ask the consumer for the reason for the withdrawal, but may not oblige them to state their reason(s).
• The cooling-off period starts 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.

For services and digital content not supplied on a tangible medium:

• The consumer may dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium for at least 14 days without giving any reason.
• The cooling-off period starts on the day following the conclusion of the agreement.

Article 8 - Exercise of the right of withdrawal by the consumer and its costs

• If the consumer wishes to exercise their right of withdrawal, they must report this within the cooling-off period via https://preppack.returnless.com/nl. There the consumer can enter the order number and email address to start the return procedure.
• Returns that have not been registered via this return procedure and are sent directly to our address cannot be processed.
• Returning is free of charge. The refund is processed as soon as we have received the parcel.
• Returns can be sent to: Maagdenburgstraat 5, 7421 ZA Deventer, the Netherlands.
• The consumer must return the product with all accessories supplied, if reasonably possible in its original condition and packaging.

Article 9 - Obligations of the entrepreneur in case of withdrawal

• The entrepreneur reimburses all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days after receiving the notice of withdrawal. The refund is, however, only made once the entrepreneur has received the returned product.
• For the refund, the entrepreneur uses the same payment method that the consumer used, unless agreed otherwise.
• If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs of the more expensive method.

Article 10 - Exclusion of the right of withdrawal

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

• Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
• Agreements concluded during a public auction. A public auction is a method of sale in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present, or is given the opportunity to be personally present, at the auction, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
• Service agreements, after full performance of the service, but only if:

• performance has begun with the consumer's express prior consent; and
• the consumer has declared that they lose their right of withdrawal once the entrepreneur has fully performed the agreement;

• Package travel as referred to in Article 7:500 of the Dutch Civil Code and agreements for passenger transport;
• Service agreements for making accommodation available, if the agreement provides for a specific date or period of performance, other than for residential purposes, goods transport, car rental services and catering;
• Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance;
• Products made to the consumer's specifications that are not prefabricated and are made on the basis of an individual choice or decision of the consumer, or that are clearly intended for a specific person;
• Products that spoil quickly or have a limited shelf life;
• Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
• Products that, by their nature, are inseparably mixed with other products after delivery;
• Alcoholic beverages whose price was agreed when the agreement was concluded, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the entrepreneur has no influence;
• Sealed audio and video recordings and computer software whose seal has been broken after delivery;
• Newspapers, periodicals or magazines, with the exception of subscriptions to them;
• The supply of digital content other than on a tangible medium, but only if:

• performance has begun with the consumer's express prior consent; and
• the consumer has declared that they thereby lose their right of withdrawal.

Article 11 - The price

• During the period of validity stated in the offer, the prices of the products and/or services offered are not increased, except for price changes resulting from changes in VAT rates.
• Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence at variable prices. This dependence on fluctuations and the fact that any prices stated are target prices are stated with the offer.
• Price increases within 3 months after the agreement is concluded are only permitted if they result from statutory regulations or provisions.
• Price increases from 3 months after the agreement is concluded are only permitted if the entrepreneur has stipulated this and:

a. they result from statutory regulations or provisions; or
b. the consumer has the right 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 12 - Performance of the agreement and additional guarantee

• 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 statutory provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
• An additional guarantee provided by the entrepreneur, their supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfil their part of the agreement.
• An additional guarantee means any commitment of the entrepreneur, their supplier, importer or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to do if they have failed to fulfil their part of the agreement.

Article 13 - Delivery and performance

• The entrepreneur will take the greatest possible care when receiving and carrying out orders for products and when assessing requests for the provision of services.
• The place of delivery is the address that the consumer has made known to the entrepreneur.
• Taking into account what is stated about this in Article 4 of these general terms and conditions, the entrepreneur will carry out accepted orders expeditiously, 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 carried out or can only be carried out 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 dissolve the agreement free of charge and is entitled to any compensation.
• After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
• The risk of damage to and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or to a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 14 - Continuing performance contracts: duration, termination and extension

Termination:

• The consumer may terminate an agreement entered into for an indefinite period that provides for the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of no more than one month.
• The consumer may terminate an agreement entered into for a fixed period that provides for the regular delivery of products (including electricity) or services at any time towards the end of the fixed period, observing 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:

• at any time, and is not limited to termination at a specific time or in a specific period;
• at least in the same way as they were entered into by the consumer;
• always with the same notice period as the entrepreneur has stipulated for themselves.

Extension:

• An agreement entered into for a fixed period that provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
• Notwithstanding the previous paragraph, an agreement entered into for a fixed period that provides for the regular delivery of daily, news and weekly papers and magazines may be tacitly extended for a fixed period of no more than three months, if the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month.
• An agreement entered into for a fixed period that provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. The notice period is no more than three months if the agreement provides for the regular, but less than monthly, delivery of daily, news and weekly papers and magazines.
• An agreement of limited duration for the regular introductory delivery of daily, news and weekly papers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end 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 provided in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period or, if there is no cooling-off period, within 14 days after the agreement is concluded. In the case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
• When products are sold to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. If advance payment has been stipulated, the consumer cannot assert any right regarding the performance of the order or service(s) concerned before the stipulated advance payment has been made.
• The consumer is obliged to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.
• If the consumer does not meet their payment obligation(s) on time, then, after the entrepreneur has pointed out the late payment and has given the consumer a period of 14 days to still meet their payment obligations, and payment has not been made within this 14-day period, the consumer owes statutory interest on the amount still due and the entrepreneur is entitled to charge the extrajudicial collection costs 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 entrepreneur may deviate from these amounts and percentages in favour of the consumer.

Article 16 - Complaints procedure

• The entrepreneur has a sufficiently publicised 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 are answered within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will reply within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
• The consumer must in any case give the entrepreneur 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 17 - Disputes

• Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.

Article 18 - Additional or different provisions

Provisions that are additional to or different 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.

Annex I: Model withdrawal form

Model withdrawal form

(only complete and return this form if you wish to withdraw from the agreement)

To:
PrepPack.nl
Maagdenburgstraat 5
7421 ZA Deventer
The Netherlands
klantenservice@preppack.nl

I/We* hereby give notice that I/we* withdraw from our agreement relating to

the sale of the following products: [product description]*
the supply of the following digital content: [description of digital content]*
the performance of the following service: [description of service]*

Ordered on*/received on* [date of order for services or receipt for products]
[Name of consumer(s)]
[Address of consumer(s)]
[Signature of consumer(s)] (only if this form is submitted on paper)
[Date]

* Delete or complete as appropriate.