Terms of service

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 – Obligations of the consumer during the cooling-off period
  • Article 8 – Consumers exercising their right of withdrawal and the costs involved
  • Article 9 – Obligations of the entrepreneur in case of withdrawal
  • Article 10 – Exclusion of the right of withdrawal
  • Article 11 – The price
  • Article 12 – Fulfilment of the contract and additional guarantee
  • Article 13 – Delivery and execution
  • Article 14 – Duration transactions: duration, termination and renewal
  • Article 15 – Payment
  • Article 16 – Complaints procedure
  • Article 17 – Disputes

ARTICLE 1 – DEFINITIONS In these terms and conditions, the following definitions apply:

Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in relation to a distance contract, and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur; Cooling-off period: the period within which the consumer can make use of his right of withdrawal; Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession; Day: calendar day; Digital content: data produced and delivered in digital form; Duration contract: an agreement extending to the regular delivery of goods, services and/or digital content during a certain period; Durable medium: any means – including email – that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period matching the purpose for which the information is intended, and which allows the unaltered reproduction of the stored information; Right of withdrawal: the consumer's option to waive the distance contract within the cooling-off period; Entrepreneur: the natural or legal person offering products, (access to) digital content and/or services to consumers at a distance; Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organised system for the distance selling of products, digital content and/or services whereby, up to and including the conclusion of the contract, exclusive or partial use is made of one or more techniques for distance communication; Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I need not be made available if the consumer has no right of withdrawal with regard to his order; Technique for distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur having to be together in the same place at the same time.

ARTICLE 2 – THE ENTREPRENEUR'S IDENTITY
NRG.Watch Snip 38, 9728 XR Groningen
Telephone number: +31 50 234 0600
Email address: contact@nrgwatch.nl
Chamber of Commerce (KvK) number: 62848569

ARTICLE 3 – APPLICABILITY

  1. These general terms and conditions apply to every offer 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 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 inspected at the entrepreneur's premises and that they will be sent free of charge as quickly as possible at the consumer's request.
  3. If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may 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, then before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge electronically or otherwise at the consumer's 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 accordingly and, in the event of conflicting terms, the consumer may always invoke the applicable provision that is most favourable to him.

ARTICLE 4 – THE OFFER

  1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. 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 do not bind the entrepreneur.
  3. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

ARTICLE 5 – THE CONTRACT

  1. The contract 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 promptly 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 may dissolve the contract.
  3. If the contract is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
  4. The entrepreneur may – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the contract, he is entitled, with reasons, to refuse an order or request or to attach special conditions to its execution.
  5. At the latest upon delivery of the product, service or digital content, the entrepreneur will send the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium: a. the visiting 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 make use of 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 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 terminating 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 duration transaction, the provision in the previous paragraph applies only to the first delivery.
  7. When you place an order, you agree to receive a feedback form from the third party Customer Reviews (cusrev.com).
  8. Ten days after we close the order (after payment and shipment of the goods), you will receive an email asking you to give feedback. Customer Reviews does not use personal data for any purpose other than this review. To send the review, they are given insight into the executed order and data such as email, first name and surname.

ARTICLE 6 – RIGHT OF WITHDRAWAL For products:

  1. The consumer may dissolve a contract regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal but may not oblige him to state his reason(s).
  2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or: a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order of several products with different delivery times. b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or part; c. in the case of contracts for the regular delivery of products during 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 supplied on a tangible medium: 3. The consumer may dissolve a service contract and a contract for the delivery of digital content not supplied on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal but may not oblige him to state his reason(s). 4. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the contract.

Extended cooling-off period for products, services and digital content not supplied on a tangible medium where the right of withdrawal has not been notified: 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 cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article. 6. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months of 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 cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
  2. The consumer is only liable for any diminished value of the product resulting from handling the product beyond what is permitted in paragraph 1.
  3. The consumer is not liable for any diminished value of the product if the entrepreneur has not provided him, before or upon conclusion of the contract, with all legally required information about the right of withdrawal.

ARTICLE 8 – CONSUMERS EXERCISING THEIR RIGHT OF WITHDRAWAL AND THE COSTS INVOLVED

  1. If the consumer makes use of his right of withdrawal, he reports this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner to the entrepreneur.
  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 authorised representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
  3. The consumer returns the product with all supplied 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 burden of proof for the correct and timely exercise of the right of withdrawal lies 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 he will bear the costs himself, the consumer does not have to bear the costs of return.
  6. If the consumer withdraws after first expressly requesting that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or set quantity begin during the cooling-off period, the consumer owes the entrepreneur an amount proportional to that part of the obligation performed by the entrepreneur at the time of withdrawal, compared to the full performance of the obligation.
  7. The consumer bears no costs for the performance of services or the supply of water, gas or electricity not 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 cost reimbursement in case of withdrawal or the model withdrawal form, or; b. the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.
  8. The consumer bears no costs for the full or partial supply of digital content not supplied on a tangible medium if: a. prior to its delivery, he did not expressly agree to the commencement of performance of the contract before the end of the cooling-off period; b. he did not acknowledge losing his right of withdrawal upon giving his consent; or c. the entrepreneur failed to confirm this statement by the consumer.
  9. If the consumer makes use of his right of withdrawal, all additional agreements are dissolved by operation of law.

ARTICLE 9 – OBLIGATIONS OF THE ENTREPRENEUR IN CASE OF WITHDRAWAL

  1. If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he will promptly send an acknowledgement of receipt after receiving this notification.
  2. The entrepreneur reimburses all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, promptly 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 demonstrates that he has returned the product, whichever occurs first.
  3. The entrepreneur uses the same means of payment for the refund that the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
  4. If the consumer opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund 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 has clearly stated this in the offer, or at least in time before the conclusion of the contract:

  1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
  2. Contracts concluded during a public auction. A public auction means 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 direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
  3. Service contracts, after full performance of the service, but only if: a. performance has begun with the express prior consent of the consumer; and b. the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the contract;
  4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and passenger transport contracts;
  5. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
  6. Contracts relating to leisure activities, if the contract provides for a specific date or period of performance thereof;
  7. Products manufactured according to the consumer's specifications, which are not prefabricated and which are made on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
  8. Products that perish quickly or have a limited shelf life;
  9. Sealed products which, for reasons of health protection or hygiene, are not suitable for return and whose seal has been broken after delivery;
  10. Products which, after delivery, by their nature are irrevocably mixed with other products;
  11. Alcoholic beverages whose price was agreed upon at the conclusion of the contract, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the entrepreneur has no influence;
  12. Sealed audio and video recordings and computer software whose seal has been broken after delivery;
  13. Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
  14. The delivery of digital content other than on a tangible medium, but only if: a. performance has begun with the express prior consent of the consumer; b. and the consumer has declared that he thereby loses his right of withdrawal.

ARTICLE 11 – THE PRICE

  1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
  2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence. This link to fluctuations and the fact that any prices stated are target prices will be stated in the offer.
  3. Price increases within 3 months after the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and: a. they result from statutory regulations or provisions; or b. the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
  5. The prices stated in the offer of products or services are exclusive of VAT.

ARTICLE 12 – FULFILMENT OF THE CONTRACT AND ADDITIONAL GUARANTEE

  1. The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the contract is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against the entrepreneur under the contract if the entrepreneur has failed to fulfil his part of the contract.
  3. Additional guarantee means any commitment by the entrepreneur, his supplier, importer or producer whereby he grants the consumer certain rights or claims that go beyond what he is legally obliged to in the event that he has failed to fulfil his part of the contract.

ARTICLE 13 – DELIVERY AND EXECUTION

  1. The entrepreneur will observe the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the entrepreneur.
  3. With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and the right to any compensation.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will promptly refund the amount that the consumer paid.
  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 expressly agreed otherwise.

ARTICLE 14 – DURATION TRANSACTIONS: DURATION, TERMINATION AND RENEWAL Termination:

  1. The consumer may at any time terminate a contract entered into for an indefinite period that extends to the regular delivery of products (including electricity) or services, with due observance of the termination rules agreed for that purpose and a notice period of at most one month.
  2. The consumer may at any time terminate a contract entered into for a definite period that extends to the regular delivery of products (including electricity) or services, towards the end of the definite duration, with due observance of the termination rules agreed for that purpose and a notice period of at most one month.
  3. The consumer may: a. terminate the contracts referred to in the previous paragraphs at any time and not be limited to termination at a specific time or in a specific period; b. at least terminate them in the same way as they were entered into by him; c. always terminate them with the same notice period as the entrepreneur has stipulated for himself. Renewal:
  4. A contract entered into for a definite period that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.
  5. Notwithstanding the previous paragraph, a contract entered into for a definite period that extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of at most three months, if the consumer may terminate this extended contract towards the end of the extension with a notice period of at most one month.
  6. A contract entered into for a definite period that extends to the regular delivery of products or services may only be tacitly extended for an indefinite duration if the consumer may terminate at any time with a notice period of at most one month. The notice period is at most three months if the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
  7. A contract with limited duration for the regular introductory delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the end of the trial or introductory period. Duration:
  8. If a contract has a duration of more than one year, the consumer may, after one year, terminate the contract at any time with a notice period of at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

ARTICLE 15 – PAYMENT

  1. Unless otherwise stipulated in the contract or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or, in the absence of a cooling-off period, within 14 days after the conclusion of the contract. In the case of a contract to provide a service, this period begins on the day after the consumer has received confirmation of the contract.
  2. When selling products to consumers, the consumer may never be obliged in general terms and conditions to prepay more than 50%. When prepayment has been stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service(s) before the stipulated prepayment has taken place.
  3. The consumer has the duty to promptly report inaccuracies in payment details provided or stated to the entrepreneur.
  4. If the consumer does not meet his payment obligation(s) in time, then, after being informed by the entrepreneur of the late payment and after the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, upon failure to pay within this 14-day period, the consumer owes statutory interest on the amount still due, and the entrepreneur is entitled to charge the extrajudicial collection costs he has incurred. These collection costs amount to at most: 15% on outstanding amounts up to € 2,500; 10% on the subsequent € 2,500 and 5% on the following € 5,000, with a minimum of € 40. The entrepreneur may deviate from the stated amounts and percentages to the consumer's advantage.

ARTICLE 16 – COMPLAINTS PROCEDURE

  1. The entrepreneur has a sufficiently well-publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the contract 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 are 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 acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
  4. The consumer must in any case give the entrepreneur 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute resolution procedure.

ARTICLE 17 – DISPUTES Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law.

ANNEX I: MODEL WITHDRAWAL FORM Model withdrawal form (only complete and return this form if you wish to withdraw from the contract)

To: [name of entrepreneur] [geographical address of entrepreneur] [fax number of entrepreneur, if available] [email address or electronic address of entrepreneur]

  • I/We* hereby notify you that I/we* withdraw from our contract concerning the sale of the following products: [product designation]* the delivery of the following digital content: [digital content designation]* the performance of the following service: [service designation]*

  • Ordered on/received on [date of order for services, or receipt for products] [Name of consumer(s)] [Address of consumer(s)] [Signature of consumer(s)] (only when this form is submitted on paper)

*Delete/complete as applicable.