General Terms and Conditions

Table of Contents

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 costs thereof
Article 9 - Obligations of the entrepreneur in case of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Performance and extra warranty
Article 13 - Delivery and execution
Article 14 - Duration transactions: duration, termination and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or deviating provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance agreement, 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 period: the period within which the consumer can exercise their right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to their trade, business, craft or professional activity;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Continuing performance contract: an agreement that extends to the regular delivery of goods, services and/or digital content over a specified period;
7. Durable data carrier: any means – including email – that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows for future consultation or use for a period appropriate to the purpose for which the information is intended, and which allows for the unchanged reproduction of the stored information;
8. Right of withdrawal: the consumer's option to withdraw from the distance agreement within the reflection period;
9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services remotely to consumers;
10. Distance agreement: an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for distance sales of products, digital content and/or services, where, up to and including the conclusion of the agreement, exclusive or partial use is made of one or more remote communication techniques;
11. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions;
12. Remote communication technique: a means that can be used to conclude an agreement without the consumer and entrepreneur having to be physically together in the same room at the same time.

Article 2 - Identity of the entrepreneur

Name of entrepreneur: DUCQ B.V.
Trading under the name: DUCQ / ducq.com

Business address:
Stadhoudersmolenweg 136
7317 AW Apeldoorn

Phone number: +31851304523
Availability: Monday to Friday from 09:00 to 17:30
Email address: info@ducq.com
Chamber of Commerce number: 71871845
VAT number: NL858882206B01

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer.
2. Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will, before the distance agreement is concluded, indicate how 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.
3. If the distance agreement is concluded electronically, notwithstanding the previous paragraph and before the distance agreement 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 them on a durable data carrier. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge by electronic means or otherwise at the consumer's request.
4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis, and the consumer can always invoke the applicable provision that is most favourable to them in case of conflicting conditions.

Article 4 - The offer

1. If an offer has a limited period of validity or is made 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 true representation of the products, services and/or digital content offered. Obvious mistakes or obvious 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 agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfills the conditions stipulated therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer by electronic means. As long as 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 can, within legal frameworks, inquire whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request with reasons, or to attach special conditions to the execution.

Article 6 - Right of withdrawal

For products:

1. The consumer can dissolve an agreement concerning the purchase of a product during a reflection period of 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but cannot oblige the consumer to state their reason(s).
2. The reflection period mentioned in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance who is not the carrier, has received the product.

For services and digital content not delivered on a material carrier:

3. The consumer can dissolve a service agreement and an agreement for the delivery of digital content not delivered on a material carrier within 14 days without giving reasons.
4. The reflection period mentioned in paragraph 3 commences on the day following the conclusion of the agreement.

Extended reflection period 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 reflection period expires twelve months after the end of the original reflection period.
6. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the start date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.

Article 7 - Obligations of the consumer during the reflection period

1. During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to establish its nature, characteristics and functioning.
2. The consumer is only liable for any diminished value of the product resulting from handling the product in a way that goes 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 with all 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 their right of withdrawal, they shall notify the entrepreneur within the reflection period by means of the model withdrawal form or by any other unequivocal means.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product, or hand it over to (an authorised representative of) the entrepreneur.
3. The consumer shall return the product with all supplied accessories, if reasonably possible in its original state 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.
6. If the consumer exercises their right of withdrawal, all additional agreements shall be dissolved by operation of law.

Article 9 - Obligations of the entrepreneur in case of withdrawal

1. If the entrepreneur makes it possible for the consumer to notify their withdrawal electronically, they will immediately send an acknowledgement of receipt after receiving this notification.
2. The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without undue delay, but within 14 days following the day on which the consumer notifies them of the withdrawal.
3. For reimbursement, the entrepreneur will use the same payment method 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 is not obliged 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 has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.

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 due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
4. The prices mentioned in the offer of products or services include VAT.

Article 12 - Performance of the agreement and extra warranty

1. 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 legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
2. An extra warranty provided by the entrepreneur, their supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed in the performance of their part of the agreement.

Article 13 - Delivery and execution

1. The entrepreneur will exercise the greatest possible care when receiving and executing product orders and when assessing requests for the provision of services.
2. The place of delivery is deemed to be the address that the consumer has made known to the entrepreneur.
3. The entrepreneur will execute accepted orders with due speed, but at the latest within 30 days, unless a different delivery period has been agreed upon.
4. After dissolution, the entrepreneur will immediately 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 pre-designated representative, unless expressly agreed otherwise.

Article 14 - Continuing performance contracts: duration, termination and extension

Termination:

1. The consumer can terminate an agreement entered into for an indefinite period at any time, observing the agreed termination rules and a notice period of no more than one month.
2. The consumer can terminate an agreement entered into for a definite period at any time at the end of the specified duration with a notice period of no more than one month.

Extension:

3. An agreement entered into for a definite period may not be tacitly extended or renewed for a definite duration.

Duration:

4. 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.

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.
2. When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance.
3. The consumer has the duty to immediately report any inaccuracies in provided or stated payment details to the entrepreneur.
4. If the consumer does not meet their payment obligation(s) on time, after being notified by the entrepreneur of the late payment and given a period of 14 days by the entrepreneur to still meet their payment obligations, and payment is still not made 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 by them.

Article 16 - Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the implementation 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.
4. The consumer must in any case give the entrepreneur 4 weeks to resolve the complaint by mutual agreement.

Article 17 - Disputes

1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.

Article 18 - Additional or deviating provisions

Additional provisions or provisions deviating from these general terms and conditions must not be to the detriment of the consumer and must be laid down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Annex I: Model withdrawal form

Model withdrawal form

(only complete and return this form if you wish to withdraw from the agreement)

To: DUCQ B.V.
info@ducq.com

Upon receipt of the email, the consumer will receive instructions and the necessary documents (return label) for returning their order.

I/We* hereby inform you that I/we* withdraw from our agreement concerning
the sale of the following products: [product designation]*
the supply of the following digital content: [digital content designation]*
the provision of the following service: [service designation]*,
withdraw/withdraw*

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)

* Strike out what does not apply or fill in what applies.

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