Table Of Contents:
Article 1- definitions
Article 2- the business identity
Article 3- scope of application
Article 4- the offer
Article 5- the contract
Article 6- right of withdrawal
Article 7- costs of withdrawal
Article 8- exclusion of the right of withdrawal
Article 9- the price
Article 10- compliance and warranty
Article 11- delivery and execution
Article 12- duration transactions: duration, cancellation and renewal
Article 13- payment
Article 14- complaints procedure
Article 15- disputes
Article 16- additional or different terms
In these conditions, the following definitions shall apply:
- Cooling-Off Period : the period during which the consumer can make use of his right of withdrawal;
- Consumer : a natural person not acting in the course of a profession or business and a distance contract with the entrepreneur;
- Day : calendar day;
- Transaction Duration : a distance contract in connection with a series of products and/or services, whose supply and/or purchase obligation is spread in time;
- Durable medium : any means that allows the consumer or business owner information that is addressed to him personally, store in a way that future consultation and unaltered reproduction of the information stored.
- Right Of Withdrawal : the possibility for the consumer to within the cooling-off period opt out of the contract;
- Entrepreneur : the natural or legal person who remotely products and/or services to consumers;
- Distance contract means an agreement whereby the entrepreneur in the framework of an organized system for distance selling of products and/or services, to the conclusion of the agreement exclusive use of one or more means of distance communication;
- Means of distance communication : means that can be used to conclude a contract, without the consumer and entrepreneur are met.
Article 2-the entrepreneur's identity
Anne Frank Stichting
P.O. Box 730
1000 AS Amsterdam
Anne Frank Stichting
Telephone number: + 31 (0) 20-5567100
Email address: [email protected]
Commercial register: 33129466
VAT identification number: NL002954485B01
Article 3-scope of application
- These general conditions apply to every online store offer of the entrepreneur and on any distance contract concluded between entrepreneur and consumer.
- Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, will be before the distance contract is concluded, indicated that the terms and conditions at the entrepreneur and at the request of the consumer as quickly as possible be sent free of charge.
- 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 conditions available to the consumer by electronic means, in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, will before the distance contract is concluded, be indicated where the General conditions by electronic means can be heard and that they are at the consumer's request, by electronic means or otherwise will be sent free of charge.
- In addition to these general conditions specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and the consumer in the event of conflicting terms and conditions always rely on the applicable provision that is most favorable to him.
Article 4-the offer
- If an offer is subject to a limited duration or subject to conditions, this will be explicitly stated in the offer.
- The offer includes a complete and accurate description of the products and/or services. The description is sufficiently detailed to a proper assessment of the offer by the consumer as possible. If the entrepreneur uses images, these are a true reflection of the products and/or services. Obvious mistakes or obvious errors in the offer shall be binding on the entrepreneur.
- Every offer will contain such information that clear to the consumer what rights and obligations are involved in accepting the offer. This concerns in particular:
a. the price including taxes;
b. any costs of delivery;
c. the way in which the contract shall be concluded and which actions this will require;
d. whether or not application of the right of withdrawal;
e. the method of payment, delivery or performance of the contract;
Article 5-the contract
- The agreement is subject to the provisions of paragraph 4, at the time the consumer accepts the offer and comply with the corresponding conditions.
- If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the electronic acceptance of the offer. Until receipt of this acceptance has not been confirmed, the consumer may rescind the contract.
- If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure Web environment. If the consumer can pay electronically, the trader will take appropriate security measures.
- The economic operator may-within statutory frameworks-about the consumer's ability to fulfill his payment obligations, as well as facts and factors that are important for a responsible conclusion of the distance contract. If the trader has good grounds on the basis of this research to the agreement, he is entitled to refuse an order or request or motivated to implement special conditions.
- With the product or service, the trader will send to the consumer the following information, in writing or in such a way that the consumer can store it on an accessible durable medium:
a. the address of the trader's business where the consumer can lodge complaints;
b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information on existing after-sales service and guarantees;
d. the conditions in article 4 paragraph 3 of these captured data, unless the trader has already provided the consumer with this data before the implementation of the contract;
e. the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite.
6. In the case of a continuing performance contract, the stipulation in the previous paragraph applies only to the first delivery.
Article 6-right of withdrawal
- When purchasing products, the consumer has the ability to dissolve the contract without giving any reason for 14 days. This period commences on the day following receipt of the product by or on behalf of the consumer and to the.
- During this period the consumer shall handle with the product and its packaging. He will only unpack or use the product to the extent necessary in order to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will have the product and-if reasonably possible-in the original condition and packaging to return the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
- This right of withdrawal does not apply to software, including e-books.
Article 7-costs of withdrawal
- If the consumer exercises his right of withdrawal, the cost of returning the goods.
- If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.
Article 8-exclusion of the right of withdrawal
- The entrepreneur can exclude the right of withdrawal the consumer as far as provided for in paragraph 2 and 3. The exclusion of the right of withdrawal is valid only if the entrepreneur in the offer or at least clear in time for the conclusion of the agreement, has mentioned.
- Exclusion of the right of withdrawal is only possible for products:
a. that are established by the trader in accordance with the consumer's specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that rapidly decay or become obsolete;
e. the price of which is subject to fluctuations in the financial market which the entrepreneur has no influence;
f. for individual newspapers and magazines;
g. for audio or video recordings or computer software of which the consumer has broken the seal
h. for audio-and video-recordings and computer software, including e-books, which are sold to the consumer as a download.
Article 9-the price
- During the period mentioned in the offer prices of the products and/or services are not increased, except for price changes due to changes in VAT rates.
- By way of derogation from the previous paragraph, the trader may products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur's control at variable rates available. These fluctuations and the fact that any price, be mentioned in the offer.
- Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or stipulations.
- Price increases from 3 months after the contract was concluded are only allowed if the entrepreneur has agreed and:
a. they are the result of statutory regulations or provisions; or
b. the consumer the power to terminate the contract on the day on which the price increase takes effect.
5. The in the offer of products or services mentioned prices include VAT.
Article 10-compliance and warranty
- The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and on the date of the conclusion of the agreement existing legal provisions and/or Government regulations. If agreed, the entrepreneur also in that the product is suitable for other than normal use.
- A guarantee by the trader, manufacturer or importer does not alter the legal rights and claims that the consumer under the agreement in front of the entrepreneur can do.
Article 11-delivery and execution
- The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has notified to the company.
- Subject to what about this in article 4 of these terms and conditions, the company accepted orders within 30 days, unless a longer delivery has been agreed. If delivery is delayed, or if an order is not or only partially carried out, the consumer of this no later than 30 days after the order was placed. The consumer in this case the right to terminate the contract without penalty and right to possible compensation.
- In case of dissolution in accordance with the previous paragraph, the trader will refund the consumer with the sum paid as soon as possible, but no later than 30 days after dissolution.
- If delivery of an ordered product proves impossible, the trader will attempt to make available a replacement article. At the latest when the delivery will be reported in a clear and comprehensible manner that a replacement article is delivered. At replacement articles the right of withdrawal cannot be ruled out. The costs of any return shipment shall be borne by the entrepreneur.
- The risk of damage and/or loss of products rests with the trader up to the moment of delivery to the consumer to, unless otherwise expressly agreed.
- Unless otherwise agreed, the amounts owed by the consumer to be paid within 7 days after the start of the withdrawal period referred to in article 6 (1). In the case of a contract for the provision of a service, captures this term to after the consumer has received the confirmation of the agreement.
- The consumer is obliged to have inaccuracies in payment data provided or stated to report without delay to the economic operator.
- In case of non-payment by the consumer, the entrepreneur subject to statutory limitations, the right to advance to the consumer reasonable costs to charge.
Article 14-complaints procedure
- Complaints about the performance of the contract should, fully and clearly described and submitted to the entrepreneur, after the consumer has found the flaws.
- Complaints submitted to the trader within a period of 14 days from the date of receipt. If a complaint is a foreseeable longer processing time, the entrepreneur within the period of 14 days replied with a message of receipt and an indication when the consumer can expect a more detailed answer.
- If the complaint cannot be solved in joint consultation, a dispute arises that is susceptible to the dispute resolution.
On agreements between the entrepreneur and the consumer to which these general conditions relate, is exclusively Dutch law is applicable. Disputes over the implementation or interpretation of the agreement will be submitted to the competent court in Amsterdam.
Article 16-additional or different terms
Additional deviations from these general terms and conditions must not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can be stored in an accessible manner on a durable medium.