. 18Article 1  - Definitions

In these terms and conditions, the following definitions apply:

1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
2. Consumer: the natural person acting for purposes not related to their trade or profession and who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration contract: a distance contract regarding a series of products and/or services, where the delivery and/or acceptance obligations are spread over time;
5. Durable medium: any means that enables the consumer or entrepreneur to store information addressed to them personally, in a way that allows future consultation and unchanged reproduction of the stored information.
6. Right of withdrawal: the ability for the consumer to cancel the distance contract within the cooling-off period;
7. Model form: the model withdrawal form provided by the entrepreneur that the consumer can fill out when they wish to exercise their right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
9. Contract: see 10;
10. Distance contract: a contract concluded under a system organized by the entrepreneur for distance selling of products and/or services, where communication up to the conclusion of the contract is exclusively done using one or more techniques for distance communication;
11. Technique for distance communication: means that can be used to conclude a contract without the consumer and entrepreneur being physically present at the same time and place.
12. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2  - Identity of the entrepreneur

Trade names:
DUTCHPREPPER.COM
DIVALO Trading
TomorrowNow

Address:
De Taling 59
7609 VA Almelo
The Netherlands

Email address: customerservice@divalo.com
Chamber of Commerce number: 85304808
VAT identification number: NL004076840B24

 

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract that is concluded between the entrepreneur and the consumer.

2. Before the distance contract is concluded, the text of these general terms and conditions shall 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 inspected at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.

3. If the distance contract is concluded electronically, then contrary to 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 store them easily on a durable medium. If this is not reasonably possible, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.

4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, paragraphs 2 and 3 shall apply mutatis mutandis, and in the case of conflicting general terms and conditions, the consumer may always rely on the provision that is most favorable to them.

5. If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these terms and conditions shall otherwise remain in effect, and the relevant provision shall be replaced immediately by mutual agreement with a provision that approximates the intent of the original as closely as possible.

6. Situations not covered by these general terms and conditions must be assessed in the spirit of these general terms and conditions.

7. Uncertainties about the interpretation or content of one or more provisions of these terms and conditions must be explained in the spirit of these general terms and conditions.

Article 4 - The offer

1. If an offer has a limited validity or is made subject to conditions, this will be explicitly stated in the offer.

2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

3. 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 delivery costs;
- how the agreement will be concluded and what actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery, or execution of the agreement;
- the period for accepting the offer or the period for maintaining the price;
- the level of the tariff for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic tariff for the means of communication used;
- whether the agreement will be archived after its conclusion and, if so, how it can be accessed by the consumer;
- the way in which the consumer can check and, if desired, correct the information provided by them under the agreement before concluding it;
- any other languages besides Dutch in which the agreement can be concluded;
- the codes of conduct to which the entrepreneur has subjected themselves and the way the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the case of a contract that involves continuous or periodic delivery of products or services.

Article 5 - The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.

2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as this acceptance has not been confirmed, the consumer may terminate the agreement.

3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer is able to pay electronically, the entrepreneur will observe appropriate security measures.

4. The entrepreneur may, within legal frameworks, gather information about the consumer's ability to meet their payment obligations, as well as all facts and factors relevant to responsibly entering into a distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request or to attach special conditions to the execution.

5. The entrepreneur shall, at the latest upon delivery of the product, service, or digital content to the consumer, provide the following information in writing or in such a way that the consumer can store it on a durable medium in an accessible manner:
- the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
- the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information about warranties and existing after-sales services;
- 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 execution of the distance contract;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
- if the consumer has a right of withdrawal, the model withdrawal form.

6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Right of withdrawal

1. The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal but cannot oblige them to state their reason(s).

2. The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer, 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 them, has received the last product. The entrepreneur may refuse an order for multiple products with different delivery dates, provided they clearly inform the consumer prior to 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 them, has received the last shipment or the last part;
- for agreements for regular delivery of products during a specified period: the day on which the consumer, or a third party designated by them, has received the first product.

Article 7 - Obligations of the consumer during the cooling-off period

1. During the cooling-off period, the consumer shall handle the product and its packaging with care. The consumer 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 only handle and inspect the product as they would be allowed to do in a shop.

2. The consumer is only liable for a decrease in value of the product if this is the result of handling the product in a way that goes beyond what is permitted in paragraph 1.

3. The consumer is not liable for a decrease in value of the product if the entrepreneur has not provided the consumer 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 associated costs

1. If the consumer exercises their right of withdrawal, they must report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unequivocal manner.

2. As quickly as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to the entrepreneur (or an authorized representative). This is not necessary if the entrepreneur has offered to collect the product. The consumer has met the return deadline if they return the product before the cooling-off period has expired.

3. The consumer shall return the product with all delivered accessories, in its original condition and packaging, and in accordance with reasonable and clear instructions provided by the entrepreneur.

4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.

5. The consumer shall bear the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates that they will bear the costs themselves, the consumer is not required to pay the costs of return.

6. If the consumer withdraws after explicitly requesting that the provision of a service or the supply of gas, water, or electricity not made ready for sale begin during the cooling-off period, the consumer shall owe the entrepreneur an amount proportionate to that part of the obligation already performed at the time of withdrawal compared to the full performance of the obligation.

7. The consumer shall not bear any costs for the performance of services or the supply of water, gas, or electricity not made ready for sale if:
- the entrepreneur has not provided the legally required information about the right of withdrawal, the reimbursement of costs in case of withdrawal, or the model withdrawal form, or;
- the consumer has not explicitly requested the start of the service provision or supply during the cooling-off period.

8. The consumer shall not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium if:
- they did not explicitly agree to the commencement of the agreement prior to the end of the cooling-off period;
- they did not acknowledge that they lose their right of withdrawal when giving their consent; or
- the entrepreneur failed to confirm this statement.

9. If the consumer exercises their right of withdrawal, all additional agreements shall be terminated by operation of law.

Article 9 - Obligations of the entrepreneur in the event of withdrawal

1. If the entrepreneur enables the consumer to notify withdrawal electronically, they shall immediately send a confirmation of receipt after receiving this notification.

2. The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without undue delay but within 14 days following the day on which the consumer notifies them 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 proves they have returned it, whichever comes first.

3. The entrepreneur shall use the same payment method that the consumer used for reimbursement unless the consumer agrees to another method. The reimbursement shall be free of charge for the consumer.

4. If the consumer has opted for a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not required 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 clearly states this in the offer, or at least in time for the conclusion of the agreement:

• Products or services whose price depends on fluctuations in the financial market that the entrepreneur cannot influence and which may occur within the withdrawal period.
• Agreements concluded during a public auction.
• Service agreements, after full performance of the service, but only if the performance has begun with the consumer’s prior explicit consent and acknowledgment that they lose their right of withdrawal once the service has been fully performed.
• Products manufactured according to the consumer’s specifications, which are not prefabricated and are made based on an individual choice or decision by the consumer, or that are clearly intended for a specific person.
• Perishable products or products with a limited shelf life.
• Sealed products that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery.
• Products that are, after delivery, inseparably mixed with other items due to their nature.
• Alcoholic beverages whose price has been agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations that the entrepreneur cannot influence.
• Sealed audio or video recordings and computer software, where the seal has been broken after delivery.
• Newspapers, periodicals, or magazines, with the exception of subscriptions to these.
• The supply of digital content other than on a tangible medium, but only if the performance has begun with the consumer’s prior explicit consent and their acknowledgment that they thereby lose their right of withdrawal.

Article 11 - The price

1. During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.

2. Contrary to paragraph 1, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the entrepreneur’s control, with variable prices. This link to fluctuations and the fact that any prices stated are target prices must be stated in the offer.

3. Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.

4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

• they are the result of statutory regulations or provisions; or
• the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.

5. The prices stated in the offer of products or services include VAT.

Article 12 - Performance of agreement and additional guarantee

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and usability, and the statutory 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.

2. An additional guarantee provided by the entrepreneur, their supplier, manufacturer, or importer shall never limit the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement if the entrepreneur has failed to fulfill their part of the agreement.

3. 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 obliged to do in case they fail to fulfill their part of the agreement.

Article 13 - Delivery and execution

1. The entrepreneur shall take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

2. The place of delivery shall be the address that the consumer has made known to the entrepreneur.

3. Taking into account the provisions of Article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders with due speed but at the latest within 30 days, unless another delivery period has been agreed upon. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer shall be informed of this no later than 30 days after the order was placed. In such cases, the consumer has the right to terminate the agreement without cost, and they may be entitled to compensation.

4. After termination in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer without undue delay.

5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.

Article 14 - Duration transactions: duration, termination, and renewal

Termination:

1. The consumer may terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period not exceeding one month.

2. 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 at the end of the fixed term, subject to agreed termination rules and a notice period not exceeding one month.

3. For agreements as described in the previous paragraphs, the consumer may:

• terminate them at any time without being limited to termination at a specific time or in a given period;
• terminate them in the same way as they were entered into by the consumer;
• always terminate them with the same notice period that the entrepreneur has stipulated for themselves.

Renewal:

4. An agreement entered into for a definite period that extends to the regular delivery of products (including electricity) or services shall not be tacitly extended or renewed for a fixed term.

5. Contrary to the previous paragraph, an agreement entered into for a definite period that extends to the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period not exceeding one month.

6. An agreement entered into for a definite period that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate it at any time with a notice period not exceeding one month. The notice period shall not exceed three months in the event of agreements that extend to the regular delivery of daily, weekly, or monthly newspapers and magazines, but less than once a month.

7. Agreements with a limited duration for the regular supply of daily, weekly, or monthly newspapers and magazines (trial or introductory subscriptions) shall not be tacitly continued and shall end automatically at the end of the trial or introductory period.

Article 15 - Payment

1. Unless otherwise stipulated in the agreement or additional terms, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period shall commence on the day after the consumer has received confirmation of the agreement.

2. When selling products to consumers, the consumer may never be obliged to make an advance payment of more than 50%. If advance payment has been stipulated, the consumer may not assert any rights regarding the execution of the relevant order or service(s) until the stipulated advance payment has been made.

3. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

4. If the consumer fails to meet their payment obligation(s) on time, after being made aware of the late payment by the entrepreneur and granted a period of 14 days to comply with their payment obligations, they shall owe statutory interest on the amount still due, and the entrepreneur shall be entitled to charge the consumer any extrajudicial collection costs incurred. These collection costs shall not exceed the amounts permitted by law. The entrepreneur may deviate from these amounts in favor of the consumer.

Article 16 - Complaints procedure

1. The entrepreneur shall have a sufficiently publicized complaints procedure and shall handle complaints in accordance with this procedure.

2. Complaints about the execution of the agreement must be submitted promptly, fully and clearly described, to the entrepreneur after the consumer has identified the defects.

3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur shall respond within 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

4. The consumer should give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute settlement procedure.

Article 17 - Disputes

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

2. Disputes between the consumer and the entrepreneur about the conclusion or execution of agreements related to products or services that the entrepreneur has delivered or will deliver can be submitted to a competent court in accordance with the law.

Article 18 - Additional or deviating provisions

1. Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and should 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.