General Terms and Conditions

These General Terms and Conditions of the Dutch Home Shopping Organization were developed in consultation with the Consumers' Association in the framework of the Coordination Group for Self-Regulation (CZ) of the Social and Economic Council and enter into force on January 1, 2012.

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 withdrawal

Article 8 - Exclusion of the right of withdrawal

Article 9 - The price

Article 10 - Conformity and warranty

Article 11 - Delivery and performance

Article 12 - Long-term transactions: duration, termination and extension

Article 13 - Payment

Article 14 - Complaint procedure

Article 15 - Disputes

Article 16 - Additional or deviating provisions

 

Article 1 - Definitions

In these conditions, the following terms shall have the following meanings:

1. Consideration period: the period within which the consumer may exercise his right of withdrawal;
2. Consumer: the natural person who does not act in the course of a profession or business and enters into an agreement at a distance with the entrepreneur;
3. Day: calendar day;
4. Long-term transaction: an agreement at a distance for a series of products and/or services, the delivery and/or collection obligation of which is spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to him in such a way that future consultation and unaltered reproduction of the stored information is possible.
6. Right of withdrawal: the possibility for the consumer to withdraw from the agreement at a distance within the consideration period;
7. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
8. Agreement at a distance: an agreement whereby, in the context of a system for the sale of products and/or services at a distance organized by the entrepreneur, up to and including the conclusion of the agreement, only one or more techniques for communication at a distance are used;
9. Communication technique at a distance: means that can be used to conclude an agreement without the consumer and entrepreneur being physically present in the same room.

Article 2 - Identity of the entrepreneur

Voorstraat 410

3311 CX Dordrecht

Telephone number: 078 737 0382

E-mail address: info@4yourgames.nl

Chamber of Commerce registration number: 61493813

Tax identification number: NL854365849B01

Article 3 - Applicability

1. These general terms and conditions apply to any offer from the entrepreneur and to any agreement concluded at a distance between entrepreneur and consumer.
2. Before the agreement at a distance is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the agreement at a distance is concluded, it will be indicated that the general terms and conditions are available at the entrepreneur's premises and that they will be sent to the consumer free of charge upon request.
3. If the agreement at a distance is concluded electronically, in deviation from the previous paragraph and before the agreement at a distance is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can store it on a durable data carrier in a simple way. If this is not reasonably possible, before the agreement at a distance is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge upon request, either electronically or in another way.
4. In the event that, in addition to these general terms and conditions, specific product or service terms and conditions are also applicable, the second and third paragraphs apply mutatis mutandis and the consumer can always rely on the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.

Article 4 - The offer

1. If an offer has a limited validity period or is subject to conditions, this is explicitly stated in the offer.
2. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious errors or obvious mistakes 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 the acceptance of 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 the right of withdrawal applies or not;
• the method of payment, delivery and performance of the agreement;
• the deadline for acceptance of the offer, or the deadline within which the entrepreneur guarantees the price;
• the amount of the charge for communication at a distance if the costs of using the technique for communication at a distance are calculated on a basis other than the regular basic rate for the communication medium used;
• whether the agreement is archived after its conclusion, and if so how it can be consulted by the consumer;
• how the consumer, before concluding the agreement, can check and, if desired, correct the data provided by him in the context of the agreement;
• any other languages in which, in addition to Dutch, the agreement can be concluded;
• the codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance contract in the event of a long-term transaction.

Article 5 - The agreement

1. The agreement is, subject to the provisions of paragraph 4, concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set out therein.
2. If the consumer has accepted the offer electronically, the entrepreneur confirms the receipt of the acceptance of the offer electronically without delay. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transmission of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can, within the legal framework, inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance agreement. If the entrepreneur has good grounds on the basis of this research not to enter into the agreement, he is entitled to refuse an order or request for a reason or to attach special conditions to the execution.
5. The entrepreneur will send the following information to the consumer, in writing or in such a way that the consumer can store it in a durable manner on a durable data carrier:
• a. the address of the establishment of the entrepreneur where the consumer can go with complaints;
• b. the conditions under which and the way in which the consumer can use the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• c. information about guarantees and existing after-sales service;
• d. the data listed in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the performance of the agreement;
• e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. In the event of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal

1. When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 14 days. This reflection period starts on the day after receipt of the product by the consumer or a previously appointed and to the entrepreneur known representative by the consumer.
2. During the reflection period, the consumer will carefully handle the product and packaging. He will only unpack or use the product to the extent that is necessary to be able to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and, if reasonably possible, in the original state and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

Article 7 - Costs in case of withdrawal

1. If the consumer exercises his right of withdrawal, the costs of return shipping will be borne by the consumer.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 30 days of the return or withdrawal.

Article 8 - Exclusion of the right of withdrawal

1. The entrepreneur may exclude the right of withdrawal of the consumer to the extent provided in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
• a. that are made by the entrepreneur according to the specifications of the consumer;
• b. that are clearly personal in nature;
• c. that cannot be returned by their nature;
• d. that can quickly spoil or age;
• e. whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence;
• f. for newspapers and magazines;
• g. for audio and video recordings and computer software whose seal has been broken by the consumer.
3. Exclusion of the right of withdrawal is only possible for services:
• a. concerning accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;
• b. of which the delivery has started with the express consent of the consumer before the reflection period has expired;
• c. concerning betting and lotteries.

Article 9 - The price

1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
2. In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are linked to fluctuations on the financial market and over which the entrepreneur has no influence, with variable prices. This binding to fluctuations and the fact that any prices mentioned are estimates are stated in the offer.
3. Price increases within 3 months of the conclusion of the agreement are only permitted if they are the result of legal 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:
• a. they are the result of legal 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.
5. The prices stated in the offer of products or services are inclusive of VAT.

Article 10 - Conformity and warranty

1. The entrepreneur warrants that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of quality and/or usability and the applicable legal provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also warrants that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.

Article 11 - Delivery and performance

1. The entrepreneur will take the greatest possible care in receiving and in the execution of orders for products and in the assessment of requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to the provisions in Article 4 of these general conditions, the company will execute accepted orders with due speed but no later than within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be fully or partially executed, the consumer will receive this information no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation for damage.
4. In case of termination in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than within 30 days of termination.
5. If delivery of a ordered product proves to be impossible, the entrepreneur will endeavour to make a replacement item available. At the latest upon delivery, it will be clearly and understandably stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of a possible return shipment are for the account of the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur until the time of delivery to the consumer or a previously designated and to the entrepreneur known representative, unless otherwise expressly agreed.

Article 12 – Durable transactions: duration, termination and extension

Termination

1. A consumer may terminate an agreement that has been entered into for an indefinite period and that is intended to provide for the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a termination period of at most one month.

2. A consumer may terminate an agreement that has been entered into for a certain period and that is intended to provide for the regular delivery of products (including electricity) or services, at any time at the end of the specified period with due observance of the agreed termination rules and a termination period of at most one month.

3.The consumer may terminate the agreements mentioned in the previous paragraphs:

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

Extension

4. An agreement that has been entered into for a specific period and that is intended to provide for the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a specific period.

5.In deviation from the previous paragraph, an agreement that has been entered into for a certain period and that is intended to provide for the regular delivery of newspapers, news and magazines may be tacitly extended for a certain period of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a termination period of at most one month.

6. An agreement that has been entered into for a certain period and that is intended to provide for the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a termination period of at most one month and a termination period of at most three months in the event the agreement is intended to provide for the regular, but less than once a month, delivery of newspapers, news and magazines.

7. An agreement with a limited duration for the regular delivery of newspapers, news and magazines for the purpose of familiarization (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

8. 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 termination period of at most one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.

Article 13 – Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days of the start of the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
2. In the sale of products to consumers, a down payment of more than 50% may never be stipulated in general terms and conditions. When a down payment has been agreed, the consumer may not assert any right with regard to the performance of the relevant order or service(s) until the agreed down payment has taken place.
3. The consumer is obliged to report any inaccuracies in provided or stated payment details to the entrepreneur without delay.
4. In the event of default by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs previously announced to the consumer.

Article 14 – Complaints procedure

1. The entrepreneur has a sufficiently well-known complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved amicably, a dispute arises that is subject to the dispute settlement.

Article 15 - Disputes

1. Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.

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 in writing or in such a way that the consumer can store them in an accessible way on a durable data carrier.