General Terms and Conditions Orangebag.nl BV
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 its costs
Article 9 - Obligations of the entrepreneur in the event of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Compliance and Additional Warranty
Article 13 - Delivery and Execution
Article 14 - Long-term transactions: duration, termination, and renewal
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Additional or deviating provisions
Article 1 - Definitions
In these terms and conditions, the following terms mean:
1. Supplementary agreement: an agreement in which the consumer acquires products, digital content, and/or services in connection with a distance contract and these goods, digital content, and/or services are supplied by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur;
2. Reflection time: the period within which the consumer can exercise his right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to their trade, business, craft, or professional activity;
4.Day: calendar day;
5.Digital content: data that is produced and delivered in digital form;
6. Bilateral agreement: an agreement that provides for the regular delivery of goods, services and/or digital content over a certain period;
7.Sustainable data carrier: any tool – including email – that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended, and that allows unchanged reproduction of the stored information;
8. Right of withdrawal: the consumer's ability to withdraw from the distance contract within the cooling-off period;
9.Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers remotely;
10. Distance agreement: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content, and/or services, where, up to and including the conclusion of the agreement, exclusively or partly one or more techniques for distance communication are used;
11. Model withdrawal form: the European model withdrawal form included in Annex I of these terms;
12.Technique for remote communication: means that can be used for concluding an agreement without the consumer and entrepreneur having to be in the same space simultaneously;
Article 2 – Identity of the entrepreneur
Name entrepreneur:
Orangebag.nl B.V.
Registered address;
Stationspark 1010
3364 DA Sliedrecht
Netherlands
Other data;
Phone number: 0851-303631 (Mon-Fri: 09:00am-05:00pm)
Email address: info@orangebag.com
KvK number: 17183156
BTW number: NL 8150.50.197.B01
Article 3 – Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract established between the entrepreneur and the consumer.
2. 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 and that they will be sent free of charge to the consumer upon request as soon as possible.
3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general conditions can be accessed electronically and that they will be sent free of charge to the consumer electronically or in another way upon request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply correspondingly, and in the case of conflicting conditions, the consumer can always rely on the applicable provision that is most favorable to them.
Article 4 – The offer
1. If an offer has a limited validity period or is made under conditions, this is explicitly stated in the offer.
2. The offer includes a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable a proper evaluation of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products, services, and/or digital content. Apparent mistakes or obvious errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are associated with the acceptance of 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 conditions set.
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 the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will 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 observe appropriate security measures.
4. The entrepreneur may, within legal frameworks, ascertain whether the consumer can meet their payment obligations, as well as all facts and factors that are important for responsibly entering into the distance contract. If the entrepreneur has good reasons based on this investigation not to enter into the agreement, he is entitled to refuse an order or request with justification or to attach special conditions to its execution.
5. The entrepreneur will include the following information no later than upon delivery of the product, service, or digital content to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a. the visit address of the entrepreneur's establishment where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about warranties and existing service after purchase;
d. the price including all taxes of the product, service, or digital content; where applicable, the delivery costs; and the method of payment, delivery, or execution of the distance contract; e. the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration;
f. 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
For products:
1. The consumer can dissolve an agreement regarding the purchase of a product within a reflection period of at least 14 days without giving any reasons. The entrepreneur may ask the consumer for the reason for withdrawal but cannot oblige them to provide 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:
a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may refuse an order of multiple products with different delivery times, provided he has clearly informed the consumer about this prior to the ordering process.
b. if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
c. for agreements for the regular delivery of products over a certain period: the day on which the consumer, or a third party designated by him, received the first product.
For services and digital content not delivered on a tangible medium:
3. The consumer can dissolve a service contract and a contract for the supply of digital content that has not been delivered on a tangible medium within at least 14 days without providing reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot oblige them to provide their reason(s).
4. The reflection period mentioned in paragraph 3 begins on the day following the conclusion of the agreement.
Extended reflection period for products, services, and digital content not delivered on a tangible medium if not informed about the right of withdrawal:
5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the withdrawal period expires twelve months after the end of the original withdrawal period established in accordance with the previous paragraphs of this article.
6. If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer 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. He will only unpack or use the product to the extent necessary to assess the nature, characteristics, and functioning of the product. The principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
2. The consumer is only liable for any reduction in value of the product resulting from handling the product in a manner that exceeds what is permitted in paragraph 1.
3. The consumer is not liable for the depreciation of the product if the entrepreneur did not provide him with all the 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 costs thereof
1. If the consumer exercises his right of withdrawal, he shall notify the entrepreneur of this within the cooling-off period by means of the model withdrawal form or in another unequivocal manner.
2. As soon 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 (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. In any case, the consumer has complied with the return period if he returns the product before the reflection period has expired.
3. The consumer returns the product with all supplied accessories, if reasonably possible in 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. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that they will bear the costs themselves, the consumer does not have to bear the costs of returning.
6. If the consumer withdraws after having explicitly requested that the performance of the service or the delivery of gas, water, or electricity not made ready for sale in a limited volume or certain quantity begins during the withdrawal period, the consumer owes the entrepreneur an amount proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to full fulfillment of the obligation.
7. The consumer does not bear any costs for the performance of services or the supply of water, gas, or electricity, which have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
a. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal, or the model withdrawal form, or;
b. the consumer has not explicitly requested the commencement of the service or the delivery of gas, water, electricity, or district heating during the reflection period.
8. The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
a. he has not explicitly agreed to the commencement of the performance of the contract before the end of the cooling-off period;
b. he has not acknowledged losing his right of withdrawal upon granting his consent; or
c. the entrepreneur has failed to confirm this statement of the consumer.
9. If the consumer exercises his right of withdrawal, all supplementary agreements are automatically dissolved.
Article 9 – Obligations of the trader in case of withdrawal
1. If the entrepreneur enables the consumer to make the withdrawal notification electronically, he shall send an acknowledgment of receipt without delay upon receiving this notification.
2. The entrepreneur reimburses all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to refund until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.
3. The entrepreneur uses the same means of payment for reimbursement that the consumer used, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
4. 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 for the more expensive method.
Article 10 – Exclusion of the right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly specified this in the offer, at least in a timely manner before the conclusion of the agreement:
1. Products or services whose price is tied to fluctuations in the financial market that the entrepreneur cannot influence and which may occur within the withdrawal period
2. Agreements concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the guidance of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services;
3. Service agreements, after full performance of the service, but only if:
a. the execution has begun with the consumer's express prior consent; and
b. the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully executed the agreement;
4. Service agreements for the provision of accommodation, if a specific date or period of execution is provided in the agreement and other than for residential purposes, goods transport, car rental services, and catering;
5. Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance thereof;
6. Products manufactured according to consumer specifications, which are not prefabricated and are made based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;
7. Products that spoil quickly or have a limited shelf life;
8. Sealed products that are not suitable to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery;
9. Products that, by their nature, have been irrevocably mixed with other products after delivery;
10. Alcoholic beverages for which the price has been agreed upon at the time the contract is concluded, but the delivery of which can only take place after 30 days, and whose actual value is dependent on market fluctuations over which the entrepreneur has no influence;|
11. Sealed audio, video recordings, and computer software, of which the seal has been broken after delivery;
12. Newspapers, journals or magazines, with the exception of subscriptions to these;
13. The delivery of digital content other than on a physical medium, but only if:
a. the performance has begun with the consumer's explicit prior consent; and
b. the consumer has declared that he thereby loses his right of withdrawal.
Article 11 – 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 with prices linked to fluctuations in the financial market, over which the entrepreneur has no influence, at variable prices. This linkage to fluctuations and the fact that any listed prices are indicative prices will be mentioned in the offer.
3. Price increases within 3 months after the establishment 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 allowed if the entrepreneur has stipulated this and:
a. these may be the result of statutory regulations or provisions; or
b. the consumer has the authority to terminate the agreement as of the day the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
Article 12 – Performance of the agreement and additional guarantee
1. The entrepreneur ensures that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also ensures that the product is suitable for use other than normal.
2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill his part of the agreement.
3. Additional warranty means any commitment made by the entrepreneur, its supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obligated to do in the event of a breach in fulfilling their part of the agreement.
Article 13 – Delivery and Execution
1. The entrepreneur will exercise the utmost care in receiving and executing product orders and in assessing requests for the provision of services.
2. The place of delivery is considered to be the address that the consumer has communicated to the entrepreneur.
3. With due observance of what is stated about this in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but at the latest within 30 days, unless a different delivery period has been agreed. In case of delivery delays, or if an order cannot be executed or can only be partially executed, the consumer will receive notification of this no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement at no cost and is entitled to any compensation.
4. Upon dissolution in accordance with the previous paragraph, the entrepreneur will promptly refund the amount paid by the consumer.
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 – Long-term transactions: duration, termination, and renewal
Termination:
1. The consumer may terminate an agreement entered into for an indefinite period, which involves the regular delivery of products (including electricity) or services, at any time, subject to agreed termination rules and a notice period of no more than one month.
2. The consumer can terminate a contract that has been entered into for a specified period and that aims at the regular delivery of products (including electricity) or services, at any time at the end of the specified term, subject to the agreed termination rules and a notice period of no more than one month.
3. The consumer can the agreements mentioned in the previous sections:
- cancel at any time and not be limited to cancellation at a specific time or in a certain period;
- at least terminate in the same manner as they were entered into by him;
- always cancel with the same notice period that the entrepreneur has stipulated for themselves.
Extension:
4. An agreement entered into for a fixed term that aims to regularly deliver products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
5. By way of derogation from the previous paragraph, a fixed-term agreement aimed at the regular delivery of daily newspapers, news and weekly magazines may be tacitly extended for a maximum duration of 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.
6. An agreement entered into for a specified period and 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 a maximum of three months if the agreement involves the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
7. An agreement of limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly renewed and ends automatically after 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 notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 15 – Payment
1. Unless otherwise stipulated in the agreement or additional conditions, 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 a service agreement, this period begins on the day after the consumer has received confirmation of the agreement.
2. In the sale of products to consumers, the consumer should never be required to make an advance payment of more than 50% in general terms and conditions. When advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the respective order or service(s) before the stipulated advance payment has been made.
3. The consumer is obliged to report any inaccuracies in the provided or stated payment information to the entrepreneur without delay.
4. If the consumer does not fulfill his payment obligation(s) on time, after being notified by the entrepreneur about the late payment and the entrepreneur has given the consumer a period of 14 days to still fulfill his payment obligations, after non-payment within this 14-day period, the consumer owes the statutory interest on the outstanding amount, 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 the stated amounts and percentages in favor of the consumer.
Article 16 – Complaints Procedure
1. The entrepreneur has a sufficiently publicized 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 fully and clearly described within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably 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 answer.
Article 17 – 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 documented in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
Attachment 1: Model form for withdrawal