Article 1 – Definitions
The terms used in these conditions are defined as follows:
Supplementary contract: a contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these products, digital content and/or services are supplied by the trader or by a third party on the basis of an agreement between that third party and the trader;
Cooling off period: the period within which the consumer can exercise his right of withdrawal.
Consumer: a natural person who is not acting for purposes relating to his trade, business or professional activities;
Day: calendar day;
Digital content: data which is produced and delivered in digital form;
Continuing performance contract: a contract for the regular delivery of goods, services and/or digital content over a specified period;
Durable data carrier: any tool – including e-mail – that enables the consumer or trader to store information addressed to them personally in a manner which allows future reference or use during a period which is matched to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
Right of withdrawal: the option for the consumer to withdraw from the contract within the cooling off period;
Trader: a natural person or legal entity that offers products, (access to) digital content and/or services to consumers at a distance;
Distance contract: a contract concluded between the trader and the consumer in the context of an organised system for the distance selling of products, digital content and/or services, whereby exclusive use is made of one or more technologies for remote communication up to and including the conclusion of the contract. Model form for withdrawal: The European model form for withdrawal included in Appendix I to these conditions;
Technology for communication at a distance: resource that can be used to conclude a contract without the consumer and the trader having to meet at the same time in the same place.
Article 2 – Identity of the trader
The StressChecker Company BV
Telephone number: +31 162 695378
Accessibility: from Monday to Friday from 9.00 AM to 17.00 PM
Email address: firstname.lastname@example.org
Chamber of Commerce number Netherlands 66397421
VAT identification number: NL85.653.3695.B01
Article 3 – Applicability
These general conditions govern all of the trader’s offers and distance contracts between the trader and the consumer.
The text of these general conditions must be made available to the consumer before the distance contract is concluded. If this cannot reasonably be considered possible, the trader will state prior to the distance contract being concluded how the general conditions held by the trader can be viewed and that they will be sent as soon as possible and free of charge at the consumer’s request.
If the distance contract is entered into by electronic means, contrary to the previous paragraph and prior to the distance contract being concluded, the text of these general conditions can be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this cannot reasonably be considered possible, it will be stated prior to the distance contract being concluded where the general conditions can be viewed by electronic means and that they will be sent as soon as possible and free of charge by electronic or other means at the consumer’s request.
If specific product or service conditions are applicable in addition to these general conditions, the second and third paragraphs will apply correspondingly and in the event of conflicting conditions the consumer can at all times invoke the relevant provision that is most favourable to him.
Article 4 – The offer
If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
The offer will contain a complete and accurate description of the products, digital content and/or services on offer. The description will be sufficiently detailed to make it possible for the consumer to adequately evaluate the offer. If the trader makes use of images they must accurately reflect the products, services and/or digital content on offer. The trader is not bound by manifest errors in the offer.
The offer will contain details of any delivery restrictions and details of which means of payment are accepted.
All offers will contain sufficient information to clarify the consumer’s rights and obligations if he accepts the offer.
Article 5 – The contract
Subject to the provisions of paragraph 4 the contract will be concluded by means of the consumer’s acceptance of the offer and by meeting the conditions set in that regard.
If the consumer has accepted the offer by electronic means, the trader will immediately confirm receipt of the acceptance of the offer by electronic means. The consumer can dissolve the contract for as long as the trader has not confirmed receipt of this acceptance.
If the contract is formed by electronic means, the organisation will take appropriate technical and organisational measures to protect the electronic transfer of data and will provide a secure web environment. If the consumer is able to pay by electronic means, the trader will put appropriate security measures in place.
The trader is permitted – within the legal constraints – to ascertain whether the consumer is able to meet his payment obligations as well as all of the facts and factors which are important for entering into the distance contract responsibly. If this investigation gives the trader good cause to decide against concluding the contract, he will have the right to refuse an order or application, giving reasons, or to attach special conditions to the execution of the contract.
The trader will provide the consumer with the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier no later than the delivery of the product, or the prior to the commencement of the service or digital content:
the identity of the trader and the visiting address of the trader’s establishment where the consumer can submit complaints (including a telephone number, fax and email address, if available);
a complete and accurate description of the products, digital content and/or services which are being contracted for;
the conditions under and the manner in which the consumer can exercise the right of withdrawal, or a clear statement to the effect that there is no right of withdrawal;
the information about guarantees and existing service following purchase;
the price of the product, service or digital content including all taxes; where applicable, the costs of delivery; and the means of payment, delivery or execution of the distance contract;
the requirements for terminating the contract if the contract has a duration of more than one year or is for an indefinite period;
in the case of a contract for the sale of a product, a reminder that the trader is under a legal duty to supply the product in conformity with the contract;
if the consumer has a right of withdrawal, the model form for withdrawal.
In the case of a continuing performance contract, the provision of the previous paragraph is applicable to the first delivery only.
Article 6 – Right of withdrawal
The consumer can dissolve a contract relating to the purchase of a product during a cooling off period of 30 days without giving reasons. The trader may ask the consumer for the reason for withdrawal, but he is not obliged to give his reason(s).
The cooling off period referred to in paragraph 1 commences on the day after the consumer or a third party designated by the consumer in advance who is not the shipper has received the product, or
if the consumer has ordered multiple products in a single order: the day on which the consumer or a third party designated by him has received the last product. The trader may refuse an order for multiple products with different delivery times, provided that it has clearly informed the consumer of this prior to the ordering process.
if the delivery of a product consists of various shipments of parts: the day on which the consumer or a third party designated by him has received the final shipment or the last part;
for contracts for regular delivery of products over a specified period: the day on which the consumer or a third party designated by him has received the first product.
For services and digital content which is not supplied on a physical carrier:
The consumer can dissolve a service contract and a contract for the delivery of digital content which is not supplied on a physical carrier within 30 days without giving reasons. The trader may ask the consumer for the reason for withdrawal, but he is not obliged to give his reason(s).
The cooling off period referred to in paragraph 3 commences on the day following the day on which the contract is concluded.
Extended cooling off period for products, services and digital content which is not supplied on a physical carrier if not informed about the right of withdrawal:
If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling off period will end twelve months after the end of the original cooling off period calculated in accordance with the previous paragraphs of this article.
If the trader has provided the information referred to in the previous paragraph within twelve months of the start date of the original cooling off period, the cooling off period will end 14 days after the day on which the consumer has received the information.
Article 7 – The consumer’s obligations during the cooling off period
The consumer will treat the product and the packaging with due care during the cooling-off period. He will only unpack or use the product to the extent necessary or in order to establish the nature, the characteristics and the working of the product. The guiding principle is thereby that the consumer may only handle and inspect the product as he would be able to in a shop.
The consumer is only liable for depreciation in the value of the product which results from handling of the product which goes beyond that permitted in paragraph 1.
The consumer is not liable for depreciation in the value of the product if the trader has not provided him with all legally required information about the right of withdrawal prior to or at the conclusion of the contract.