Cooling-off period: the period during which the consumer may exercise the right of withdrawal;
Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Continuing transaction: a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;
Model withdrawal form: the model withdrawal form provided by the entrepreneur, which a consumer can complete when wishing to exercise the right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract concluded within the framework of an organised distance sales system for products and/or services, using exclusively one or more means of distance communication up to and including the conclusion of the contract;
Means of distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur being together in the same place at the same time.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Vuur & Rook is part of:
Handelsonderneming Het Witte Paard B.V.
KvK: 74388614
VAT: NL859876597B01
Rabobank: NL73RABO0132650606

Vuur & Rook (warehouse/shop)
Goorsteeg 3
6741TA Lunteren

Telephone: 085-303 6177

klantenservice@vuurenrook.nl

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and order placed between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is reasonably impossible, the entrepreneur will indicate, before the distance contract is concluded, that the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge as soon as possible at the consumer’s request.
If the distance contract is concluded electronically, 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 the consumer can easily store it on a durable medium. If this is reasonably impossible, the entrepreneur will indicate, before the distance contract is concluded, where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or by other means at the consumer’s request.
In the event that specific product or service terms also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and, in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favourable to them.
If one or more provisions in these general terms and conditions are wholly or partially void or annulled at any time, the agreement and these terms and conditions will otherwise remain in force, and the provision concerned will be replaced without delay by mutual agreement with a provision that approaches the scope of the original provision as closely as possible.
Situations not covered by these general terms and conditions must be assessed in accordance with the spirit of these general terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted in accordance with the spirit of these general terms and conditions.

Article 4 - The offer

If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and amend the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
All images, specifications and information in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images accompanying products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the colours shown correspond exactly to the actual colours of the products.
Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
- the price including taxes;
- any delivery costs;
- the manner in which the agreement will be concluded and what actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and performance of the agreement;
- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the amount of the tariff for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic tariff for the communication method used;
- whether the agreement will be archived after conclusion and, if so, how it can be consulted by the consumer;
- the way in which the consumer can check and, if desired, correct the data provided by them in connection with the agreement before concluding it;
- the other languages, if any, in which the agreement can be concluded in addition to Dutch;
- the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the case of a continuing transaction.

Article 5 - The agreement

Subject to the provisions of paragraph 4, the agreement is concluded when the consumer accepts the offer and fulfils the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. Until receipt of this acceptance has been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement 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.
Within the framework of statutory requirements, the entrepreneur may ascertain whether the consumer can 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 good grounds not to enter into the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to its performance.
The entrepreneur will send the consumer the following information with the product or service, in writing or in such a way that the consumer can store it accessibly on a durable medium:
the visiting address of the entrepreneur’s establishment where the consumer can submit complaints;
the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about warranties and existing after-sales service;
the information referred to in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before performing the agreement;
the requirements for terminating the agreement if it has a duration of more than one year or is of indefinite duration.
In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is entered into subject to the suspensive condition of sufficient availability of the products concerned.
The statutory minimum age for purchasing alcoholic products and fireworks is 18 years. By ordering these products, you declare that you are at least the required age.

Article 6 - Right of withdrawal

For delivery of products:

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons during a period of 14 days. This cooling-off period starts on the day after the consumer or a representative designated in advance by the consumer and made known to the entrepreneur receives the product.
During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise the right of withdrawal, they will return the product to the entrepreneur with all accessories supplied and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The consumer must do so using the model withdrawal form. After notifying the entrepreneur of their intention to exercise the right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of postage.
If the customer has not notified the entrepreneur of their intention to exercise the right of withdrawal by the end of the periods referred to in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is final.

For delivery of services:

When services are delivered, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting on the day the agreement is entered into.
To exercise the right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or no later than upon delivery.

Article 7 - Costs in the event of withdrawal

If the consumer exercises the right of withdrawal, the costs of returning the product will be borne by the consumer at most.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided.

Article 8 - Exclusion of the right of withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in good time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:
made by the entrepreneur in accordance with the consumer’s specifications;
that are clearly personal in nature;
that cannot be returned due to their nature;
that can spoil or age quickly;
whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for loose newspapers and magazines;
for audio and video recordings and computer software whose seal has been broken by the consumer.
for hygiene products whose seal has been broken by the consumer.
Exclusion of the right of withdrawal is only possible for services:
concerning accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
the delivery of which has started with the consumer’s express consent before the cooling-off period has expired;
concerning betting and lotteries.

Article 9 - The price

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.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence at variable prices. This susceptibility to fluctuations and the fact that any prices stated are target prices will be stated in the offer.
Price increases within 3 months of concluding the agreement are permitted only if they result from statutory regulations or provisions.
Price increases from 3 months after concluding the agreement are permitted only if the entrepreneur has stipulated this and:
they result from statutory regulations or provisions; or
the consumer has the right to terminate the agreement from the day on which the price increase takes effect.
The prices stated in the offer for products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations applicable on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
A warranty provided by the entrepreneur, manufacturer or importer does not affect the consumer’s statutory rights and claims against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.
The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
- The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
- The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the entrepreneur’s instructions and/or the instructions on the packaging;
- The unsuitability is wholly or partly the result of regulations imposed or to be imposed by the authorities regarding the nature or quality of the materials used.

Article 11 - Delivery and performance

The entrepreneur will exercise the greatest possible care when receiving and performing orders for products and when assessing applications for the provision of services.
The delivery address is the address that the consumer has made known to the company.
Subject to the provisions of paragraph 4 of this article, the company will fulfil accepted orders with due haste, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.
All delivery periods are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days of dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will endeavour to provide a replacement item. No later than upon delivery, it will be clearly and understandably stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment will be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until delivery to the consumer or a representative designated in advance by the consumer and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Continuing transactions: duration, termination and renewal

Termination

The consumer may terminate an agreement concluded for an indefinite period and intended for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement concluded for a fixed period and intended for the regular delivery of products (including electricity) or services at the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:
- at any time and not be limited to termination at a specific time or during a specific period;
- terminate them at least in the same manner as they were entered into;
- always terminate them with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

An agreement concluded for a fixed period and intended for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Notwithstanding the previous paragraph, an agreement concluded for a fixed period and intended for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed period of no more than three months, provided that the consumer can terminate the extended agreement at the end of the extension with a notice period of no more than one month.
An agreement concluded for a fixed period and intended for the regular delivery of products or services may be tacitly extended for an indefinite period only if the consumer may terminate it at any time with a notice period of no more than one month, and with a notice period of no more than three months if the agreement concerns the regular delivery, but less than once a month, of daily, news and weekly newspapers and magazines.
An agreement of limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be tacitly continued and will end 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 13 - Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the cooling-off period referred to in Article 6, paragraph 1 begins. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer is obliged to report inaccuracies in payment details provided or stated to the entrepreneur without delay.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to statutory limitations, to charge reasonable costs previously disclosed to the consumer.

Article 14 - Complaints procedure

The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has identified the defects.
Complaints submitted to the entrepreneur will be answered within 14 days of 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.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
Consumers must contact the entrepreneur regarding complaints.
disputes committee, whose decision is binding, and both the entrepreneur and consumer agree to this binding decision. Costs are associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.

Article 15 - Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law, even if the consumer resides abroad.
The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Article 16 - Additional or deviating provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored accessibly by the consumer on a durable medium.

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