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Terms and Conditions

Table of contents:
Article 1 - Definitions
Article 2 - The Entrepreneur’s identity
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
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 Guarantee
Article 11 - Delivery and Execution
Article 12 - Continuing performance contracts: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or varying provisions

Article 1 – Definitions

In these Terms and Conditions, the following terms will have the following meanings:
Consumer: The natural person not acting in the exercise of his/her profession or business and entering into a Distance contract with the Entrepreneur;
Continuing performance contract: A Distance contract concerning a series of products and/or services, for which the offer and/or purchasing obligation is spread over a longer period;
Cooling-off period: The period during which the Consumer may exercise his right of withdrawal;
Day: Calendar day;
Distance contract: A contract in which, up to the conclusion of the contract, exclusive use is made of one or more technologies of distance communication within the scope of the system organised by the Entrepreneur for distance sale of products and/or services;
Entrepreneur: The natural or legal person providing distance products and/or services to consumers;
Long-term data carrier: Any means that allow the Consumer or the Entrepreneur to store information directed to him/her personally in a way to make future consultation and unaltered reproduction of the stored information possible.
Right of withdrawal: The option for Consumers to withdraw from the Distance contract within the Cooling-off period;
Technology for distance communication: A means to be used for concluding an agreement, without the Consumer and the Entrepreneur being together in the same place at the same time

Article 2 – The Entrepreneur’s identity

Skihut.;
Vissershavenweg 55T, 2583 DL Den Haag, Nederland;
Telephone number: 070 3542626, Monday to Friday from 10:00 a.m. to 5:00 p.m.
E-mail address: [email protected]
Chamber of Commerce registration number: 69593043

VAT registration number: NL8579.31.817.B.01


If the Entrepreneur’s activity is subject to a relevant permit system: The regulatory body’s data:

If the Entrepreneur practices a regulated profession:
The professional association or organisation he is a member of;
The professional title, the place in the EU or the European Economic Area where this title has been granted;
A reference to the professional rules applicable in the Netherlands and an indication of where and how these professional rules can be accessed.

Article 3 – Applicability

These Terms and Conditions apply to any offer of the Entrepreneur and to any Distance contract concluded between the Entrepreneur and the Consumer.
Before concluding a Distance contract, the Entrepreneur will make the text of these Terms and Conditions available to the Consumer. If this is reasonably not possible, the Entrepreneur will notify the Consumer, before concluding the Distance contract, that the Terms and Conditions can be inspected at the Entrepreneur´s and that they will be sent to the Consumer free of charge as soon as possible at the Consumer´s request.

If the Distance contract is concluded electronically, the text of these Terms and Conditions, in deviation of the previous section and before the Distance contract is concluded, may also be sent to the Consumer electronically in such a way that the Consumer can easily store it on a Long-term data carrier. If this is reasonably impossible, it will be specified where the Terms and Conditions can be viewed electronically before concluding the Distance contract, and that they will be delivered at the Consumer´s request free of charge, either via electronic means or otherwise.
If in addition to these Terms and Conditions specific product or service conditions apply, the second and third paragraphs will apply accordingly, and in the event of contradictory Terms and Conditions, the Consumer may always appeal to the applicable provision that is most favourable to him/her.

Article 4 - The offer

If an offer is of limited duration or if certain conditions apply, it will be explicitly stated in the offer.
The offer contains a full and accurate description of the products and/or services offered. The description is suitably detailed to enable the Consumer to assess the products and/or services in an adequate manner. If the Entrepreneur makes use of pictures, they are truthful images of the products offered and/or services provided. Obvious errors or mistakes in the offer are not binding for the Entrepreneur.
All offers contain such information that it is clear to the Consumer what rights and duties are attached to accepting the offer. This involves in particular:
− The price, including taxes;
− Any delivery costs, if applicable;
− The way in which the agreement will be concluded, and the actions required for this purpose;
− Whether or not the right of withdrawal is applicable;
− The form of payment, delivery or performance of the contract;
− The time frame for accepting the offer, or , as the case may be, the time frame for honouring the price;
− The rate of distance communication if the costs for using the technology for distance communication are calculated on a basis other than the basic rate;
− If the contract is filed after conclusion, and if so, how the Consumer can consult it;
− the manner in which the Consumer may acquaint him/herself with undesired actions before concluding the contract, and the way the Consumer may correct these actions before the contract is concluded;
− Any languages other than Dutch in which the contract can be concluded;
− The codes of conduct to which the Entrepreneur has submitted and the manner in which the Consumer can consult these codes of conduct via electronic means, and
- The minimum duration of the Distance contract in the event of a contract for continuous or periodical delivery of products or services.


Article 5 - The contract

Subject to the conditions set out in paragraph 4, the contract is concluded when the Consumer has accepted the offer and fulfilled the Terms and Conditions set.
If the Consumer accepted the offer via electronic means, the Entrepreneur will promptly confirm the receipt of the acceptance of the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may cancel the contract.
If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur will observe appropriate security measures.
The Entrepreneur may, within the limits of the law, gather information about Consumer’s ability to fulfil his/her payment obligations, as well as all facts and factors relevant to responsibly concluding the Distance contract. If, acting on the results of this investigation, the Entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request while giving reasons, or to attach special terms to the implementation.
The Entrepreneur will send the following information along with the product or service, in writing or in such a way that the Consumer can store it in an accessible manner on a Long-term data carrier:
a. The visiting address of the Entrepreneur´s business establishment where the Consumer may get into contact for any complaints;
b. The conditions on which and the way in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about being exempted from the right of withdrawal;
c. The information corresponding to existing after-sales services and guarantees;
d. The information as set out in article 4 paragraph 3 of these Terms and Conditions, unless the Entrepreneur has already provided the Consumer with this information before the performance of the contract;
e. The requirements for cancelling the contract if the contract has a duration of more than one year or has been concluded for an indefinite period of time.
If the Entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph applies to the first delivery only.

Article 6 - Right of withdrawal

When purchasing products, the Consumer has the option to cancel the contract without specifying any reasons during a period of at least 14 days. This cooling-off period starts on the day the product is received by the Consumer or by a representative acting on behalf of the Consumer as indicated in advance.
During this cooling-off period, the Consumer will handle the product and the packaging with care. The Consumer will only unpack or use the product to the extent necessary in order to determine whether he or she wishes to keep the product. If wishing to exercise the right of withdrawal, the Consumer will return the product with all delivered accessories and, as far as reasonably possible, in the original condition and packaging to the Entrepreneur in conformity with the Entrepreneur´s reasonable and clear instructions.

Article 7 - Costs in case of withdrawal

Should the Consumer exercise the right of withdrawal, only the costs for returning the product are at the Consumer´s expense.
If the Consumer has made a payment, the Entrepreneur will refund this amount as soon as possible, though not later than 30 days after the product has been returned or the order has been cancelled.

Article 8 - Exclusion of the right of withdrawal

The Entrepreneur can exclude the Consumer’s right of withdrawal insofar as provided in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the Entrepreneur has clearly indicated this in the offer or at least in good time before concluding the contract.
Exclusion of the right of withdrawal is only possible for products:
a. That were realised by the Entrepreneur according to the Consumer’s specifications;
b. That are obviously personal in nature;
c. That cannot be returned due to their nature;
d. That spoil or age quickly;
e. Whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control;
f. For single newspapers and magazines;
g. For audio and video recordings and computer software of which the Consumer has broken the seal;
Exclusion of the right of withdrawal is only possible for services:
a. Regarding accommodation, transportation, restaurant establishments or leisure activities to be used or performed on a certain date or during a certain period;
b. of which the provision has been started with the Consumer’s explicit consent before the expiration of the Cooling-off period;
c. Regarding betting and lotteries.

Article 9 - The price

The prices of the products and/or services provided will not be raised during the validity period stated in the offer, subject to changes in price due to changes in VAT rates.
Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
Price increases within 3 months after concluding the contract are permitted only as a result of new legislation or legal provisions.
Price increases from 3 months after concluding the contract are permitted only if the Entrepreneur has stipulated it and if
a. they are the result of legal regulations or stipulations, or
b. the Consumer has the authority to cancel the contract before the day on which the price increase starts.
All prices indicated in the provision of products or services are including VAT.

Article 10 - Conformity and Guarantee

The Entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded. The Entrepreneur furthermore guarantees that the product is suited for a certain use other than normal use if agreed.
An arrangement offered as a guarantee by the Entrepreneur, Manufacturer or Importer will not affect the legal rights and claims the Consumer may exercise against the Entrepreneur about a failure in the fulfilment of the Entrepreneur’s obligations based on the contract.

Article 11 - Delivery and execution

The Entrepreneur will exercise the best possible care when booking and executing product orders, and when assessing requests for the provision of services.
Delivery takes place at the address indicated by the Consumer to the company.
With due observance of the provisions in Article 4 of these Terms and Conditions, the company will execute accepted orders with convenient speed but at least within 30 days, unless a longer delivery period was agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer will be informed about this within one month after ordering. In such cases, the Consumer is entitled to cancel the contract free of charge and with the right to possible compensation.
In the event of cancellation under the preceding paragraph, the Entrepreneur will refund the payment made by the Consumer as soon as possible but at least within 30 days after cancellation.
If delivering an ordered product turns out to be impossible, the Entrepreneur will make an effort to offer an equivalent replacement product. Before the delivery, it will be reported in a clear and comprehensible manner that a replacement product will be delivered. The right of withdrawal may not be excluded for replacement products. The costs of a possible return shipment are to be borne by the Entrepreneur.
Unless explicitly agreed otherwise, the risk of loss of and/or damage to products will remain with the Entrepreneur until the time they are delivered to the Consumer or a representative acting on behalf of the Consumer as indicated in advance.

Article 12 - Continuing performance contracts: duration, termination and renewal
Termination
The Consumer may at any time terminate an indefinite contract, which extends to the regular delivery of products (including electricity) or services, under observance of the agreed termination arrangement and provided that the Consumer observes a notice period of up to one month.
The Consumer may at any time terminate a definite contract, which extends to the regular delivery of products (electricity included) or services, at the end of the fixed term under observance of the agreed termination arrangement and provided that the Consumer observes a notice period of one month at the most.
Consumers can terminate, c.q. cancel the contracts referred to in the preceding paragraphs at any time and not be limited to termination, c.q. cancellation at a particular time or in a given period;
Contracts can at least be cancelled in the same way as they are entered into by the Consumer;
Consumers can cancel contracts at the same notice period as the company has negotiated for itself.
Extension
A contract for a definite period, which extends to the regular delivery of products (including electricity) or services, may not be automatically extended or renewed for a fixed period.
Notwithstanding the preceding paragraph, a contract for a definite period, which extends to the regular delivery of daily news, weekly newspapers and magazines can be tacitly renewed for a fixed term of up to three months if the Consumer can terminate the contract by the end of the extension with a notice period of up to one month.
A contract for a definite period, which extends to the regular delivery of products or services, may only be extended tacitly for an indefinite period if the consumer can cancel the contract at any time with a notice period of one month and up to three months, if the contract pertains to regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
Contracts with a limited duration for introducing Customers to regular delivery of days, news and weekly newspapers and magazines (trial or introductory subscription) are not renewed tacitly and automatically end once the trial or introductory period has ended.
Duration
If a contract has a term of more than one year, he Consumer may at any time terminate that contact after one year, under observance of a notice period of up to one month, unless there is a reasonable and fair reason for not terminating the contract before the end of the agreed term.

Article 13 - Payment
Unless otherwise agreed, the amounts to be paid by the Consumer are to be settled within 14 days following the start of the cooling-off period as referred to in article 6, paragraph 1. In the event of a service provision agreement this term will start as soon as the Consumer has received the contract confirmation.
When selling products to Consumers, it is not permitted to negotiate an advance payment of more than 50% in the Terms and Conditions. When an advance payment was agreed, the Consumer may not assert any right regarding the execution of that respective order or the provision of that respective service before the agreed advance payment has been made.
The Consumer has the duty to inform the Entrepreneur promptly of possible inaccuracies in the payment details.
4. In case of non-payment on the part of the Consumer, and subject to legal restrictions, the Entrepreneur is entitled to charge any predetermined reasonable costs incurred to the Consumer.

Article 14 - Complaints procedure
The Entrepreneur will have a sufficiently indicated complaints procedure and will handle the complaint in accordance with this complaint procedure.
Complaints about the performance of the contract will be submitted to the Entrepreneur fully and clearly described within a reasonable time after the Consumer has discovered the defects.
The complaints submitted with the Entrepreneur will be addressed within a term of 14 days after the date of receipt. Should a complaint demand a foreseeable longer time for handling, the Entrepreneur will respond within 14 days with a notice of receipt and an indication of when the Consumer can expect a more detailed reply.
If the complaint cannot be solved in joint consultation, there will be a dispute that is open to the dispute settlement rules.

Article 15 - Disputes
Contracts entered into between the Entrepreneur and the Consumer, which are subject to these Terms and Conditions, are exclusively governed by Dutch law.

Article 16 - Additional or varying provisions
Additional provisions of and/or deviations from these Terms and Conditions may not be to the Consumer’s detriment and must be put in writing or recorded in such a way that the Consumer can store them in an accessible manner on a Long-term data carrier.