Table of Contents: General Terms and Conditions

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 reflection period

Article 8 – Exercise of the right of withdrawal by the consumer and the associated costs

Article 9 – Obligations of the entrepreneur upon withdrawal

Article 10 – Exclusion of the right of withdrawal

Article 11 – The price

Article 12 – Performance and additional warranty

Article 13 – Delivery and execution

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

Article 15 – Payment

Article 16 – Complaints procedure

Article 17 – Disputes

Article 18 – Additional or deviating provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Article 2 – Identity of the entrepreneur

Name of the entrepreneur: sbe3.nl/

Business address: Rotterdam (No visiting address, we are an online store)

Telephone number and availability: +31 (0)6 Monday to Friday from 10:00 to 17:00.

Website: www.sbe3.nl

Email address: info@sbe3.nl

Chamber of Commerce number: 56304129

VAT identification number: NL001620210B96

If the entrepreneur’s activities fall under a licensing system: the details of the supervisory authority.

If the entrepreneur practices a regulated profession:

  • The professional association or organization to which he is affiliated;
  • The professional title and the place in the EU or the European Economic Area where it was awarded;
  • A reference to the professional regulations applicable in the Netherlands and instructions on where and how these professional regulations can be accessed.

Article 3 – Applicability

  1. 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.
  2. 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, the entrepreneur will indicate before concluding the distance contract how the general terms and conditions can be inspected at the entrepreneur and that they will be sent to the consumer free of charge as soon as possible upon request.
  3. If the distance contract is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph and before the conclusion of the distance contract, be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract where the general terms and conditions can be electronically accessed and that they will be sent free of charge to the consumer electronically or otherwise upon request.
  4. If specific product or service terms and conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and the consumer may always invoke the provision most favorable to them in case of conflicting terms.

Article 4 – The Offer

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

The offer includes a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to allow the consumer to make a well-informed assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.

Each offer contains sufficient information to make it clear to the consumer which rights and obligations are associated with accepting the offer.

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 specified conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may cancel 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 can pay electronically, the entrepreneur will take appropriate security measures accordingly.
  4. The entrepreneur may, within legal frameworks, inquire whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has valid reasons not to enter into the agreement, they are entitled to refuse an order or request with justification or to impose special conditions on the execution.
  5. The entrepreneur shall provide the following information to the consumer no later than at the time of delivery of the product, service, or digital content, in writing or in such a way that it can be stored by the consumer on an accessible and durable data carrier:

    • The visiting address of the entrepreneur’s branch 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 if the right of withdrawal is excluded;
    • Information about warranties and existing post-purchase service;
    • The price including all taxes of the product, service, or digital content; where applicable, the delivery costs; and the method of payment, delivery, or performance of the distance contract;
    • The requirements for terminating the agreement if it 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.
  7. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of Withdrawal

For products:

  1. The consumer has the right to cancel a purchase agreement for a product within a cooling-off period of at least 14 days without providing any reason. The business may ask the consumer for the reason for the cancellation but cannot require the consumer to disclose it.
  2. The cooling-off period mentioned in paragraph 1 begins 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 one 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 containing multiple products with different delivery times, provided that the consumer has been clearly informed of this before 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;
    • In agreements for regular delivery of products over a specified period: the day on which the consumer, or a third party designated by them, received the first product.

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

  1. The consumer can cancel a service agreement and an agreement for the supply of digital content not provided on a physical medium within at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal but may not require them to provide their reason(s).
  2. The reflection period begins on the day after the agreement is concluded.

Extended reflection period in the absence of information about the right of withdrawal:

  1. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period shall expire twelve months after the end of the original reflection period as specified in the preceding paragraphs of this article.
  2. If the entrepreneur provides the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original reflection period, the reflection period expires 14 days after the day on which the consumer has received that information.

Article 7 – Obligations of the Consumer During the Cooling-Off Period

  1. During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle is that the consumer may only handle and inspect the product as they would be allowed to do in a store.
  2. The consumer is only liable for any depreciation of the product that results from handling the product in a manner that exceeds what is permitted in paragraph 1.
  3. The consumer is not liable for any depreciation of the product if the entrepreneur did not provide all legally required information about the right of withdrawal before or at the time of concluding the agreement.

Article 8 – Exercise of the right of withdrawal by the consumer and the associated costs

  1. If the consumer exercises their right of withdrawal, they must notify the entrepreneur within the reflection period using the model withdrawal form or by another clear and unequivocal statement.
  2. As quickly as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to the entrepreneur or a person authorized by the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer is considered to have met the return deadline if they send back the product before the cooling-off period has expired.
  3. The consumer returns the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
  5. The consumer bears the direct costs of returning the product, unless the entrepreneur has stated that they will cover these costs.
  6. If the consumer exercises their right of withdrawal, all additional agreements are automatically terminated.

Article 9 – Obligations of the Entrepreneur upon Withdrawal

If the entrepreneur allows the consumer to revoke the notification electronically, he sends an immediate confirmation of receipt after receiving this notification.

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 from the day the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait with the refund until they have received the product or until the consumer proves that they have returned the product, whichever occurs first.

The entrepreneur uses the same payment method for the refund that the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.

If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not required to refund the additional costs for the more expensive method.

Article 10 – Exclusion of the right of withdrawal

De ondernemer kan de volgende producten en diensten uitsluiten van het herroepingsrecht, maar alleen als hij dit duidelijk in het aanbod heeft vermeld, uiterlijk vóór het aangaan van de overeenkomst:

  • Products or services with prices tied to fluctuations in the financial market that are beyond the entrepreneur’s control and may occur within the withdrawal period.
  • Agreements concluded during a public auction. A public auction is a sales method in which products, digital content, and/or services are offered by the entrepreneur to consumers who are personally present or have the opportunity to be personally present at the auction, under the supervision of an auctioneer, and where the successful bidder is obligated to purchase the products, digital content, and/or services.
  • Service agreements, after full completion of the service, but only if:
    • the execution has begun with the explicit prior consent of the consumer; and
    • The consumer has declared that they lose their right of withdrawal once the entrepreneur has fully fulfilled the agreement.
  • Service agreements for accommodation, if the contract specifies a particular date or period of performance and other than for residential purposes, goods transportation, car rental services, and catering.
  • Agreements regarding leisure activities, if a specific date or period of performance is specified in the agreement.
  • Products that are manufactured according to the consumer’s specifications, that are not prefabricated, and that are made based on 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 due to health protection or hygiene reasons and whose seal has been broken after delivery.
  • Products that, by their nature, are irrevocably mixed with other products after delivery.
  • Alcoholic beverages for which the price was agreed upon at the time of the contract, but delivery can only take place after 30 days and whose actual value depends on market fluctuations beyond the entrepreneur’s control.
  • Sealed audio, video recordings, and computer software, whose seal has been broken after delivery.
  • Newspapers, journals, or magazines, excluding subscriptions to them.
  • The delivery of digital content other than on a tangible medium, but only if:
    • the execution has begun with the explicit prior consent of the consumer; and
    • The consumer has declared that by doing so, they forfeit their right of withdrawal.

Article 11 – The Price

  • During the validity period specified in the offer, the prices of the offered products and/or services will not be increased, except in the event of changes in VAT rates.
  • Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices, which are subject to fluctuations in the financial market and are beyond the entrepreneur’s control. This susceptibility to fluctuations and the fact that any stated prices are indicative prices are clearly stated in the offer.
  • Price increases within 3 months after the conclusion of the agreement are only permitted if they result from legal regulations or provisions.
    • these may result from legal regulations or provisions; or
    • the consumer may terminate the agreement effective from the day the price increase takes effect.
  • The prices listed for products or services include VAT.

Article 12 – Performance of the agreement and additional warranty

  • The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of durability and/or usability, and the applicable legal provisions and government regulations on the date the agreement is concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for use other than normal use.
  • An additional warranty provided by the entrepreneur, their supplier, manufacturer, or importer never limits the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill their part of the agreement.
  • By extended warranty is meant 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 provide if they have failed to fulfill their part of the agreement.

Article 13 – Delivery and Execution

  • The entrepreneur will exercise the utmost care when receiving and fulfilling orders for products and when assessing requests for the provision of services.
  • The place of delivery is the address provided by the consumer to the entrepreneur.
  • Subject to the provisions set forth in Article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders with due promptness, but no later than within 30 days, unless another delivery period has been agreed upon. If the delivery is delayed, or if an order cannot be fulfilled in full or in part, the consumer will be notified no later than 30 days after placing the order. In such cases, the consumer has the right to cancel the agreement at no cost and is entitled to any applicable compensation.
  • Upon termination in accordance with the previous paragraph, the entrepreneur shall immediately refund the amount paid by the consumer.
  • 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 and known representative of the entrepreneur, unless expressly agreed otherwise.

Article 14 – Fixed-Term Agreements: Duration, Termination, and Renewal

Cancellation:

  • The consumer can terminate an agreement concluded for an indefinite period that involves the regular delivery of products (including electricity) or services at any time, subject to the agreed cancellation rules and with a notice period of no more than one month.
  • The consumer may terminate a fixed-term contract, which is intended for the regular delivery of products (including electricity) or services, at any time at the end of the fixed period, observing the agreed termination conditions and with a notice period of no more than one month.
  • The consumer can enter into the agreements mentioned in the previous sections:
    • terminate at any time and not be restricted to termination at a specific moment or within a certain period;
    • at least terminate in the same manner as they were entered into by him;
    • always terminate with the same notice period that the entrepreneur has stipulated for themselves.

Extension:

  • An agreement entered into for a fixed term and intended for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific period.
  • Contrary to the previous paragraph, an agreement concluded for a fixed term and aimed at the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, provided that the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
  • An agreement entered into for a fixed term, aimed at the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer can 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 concerns the regular delivery of daily, news, and weekly newspapers and magazines less than once per month.
  • An agreement with a limited duration for the occasional provision of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not automatically renewed and ends 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 duration.

Article 15 – Payment

  • Unless otherwise specified 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 if there is no reflection period, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period begins on the day after the consumer has received confirmation of the agreement.
  • When selling products to consumers, the consumer may never be required in the general terms and conditions to make an advance payment of more than 50%. If advance payment is agreed upon, the consumer cannot assert any rights regarding the execution of the respective order or service(s) before the agreed advance payment has been made.
  • The consumer has the obligation to immediately report any inaccuracies in the provided or stated payment information to the business.
  • If the consumer does not fulfill their payment obligation(s) on time, after the entrepreneur has pointed out the late payment and granted the consumer a period of 14 days to still meet their payment obligations, the consumer will owe statutory interest on the outstanding amount if payment is not made within this 14-day period. The entrepreneur is also entitled to charge the extrajudicial collection costs incurred. These collection costs amount to a maximum of:

Article 16 – Complaints Procedure

  • The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  • Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable period after the consumer has discovered the defects, fully and clearly described.
  • Complaints submitted to the entrepreneur will be responded to within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
  • Complaints can also be submitted through the European ODR platform:https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

Article 17 – Disputes

  • Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.
  • The Vienna Sales Convention does not apply.

Article 18 – Additional or Deviating Provisions

  • Additional or deviating provisions from these general terms and conditions must 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.