Algemene voorwaarden

Terms & Conditions

These General Terms & Conditions apply to every offer made by BesCards B.V. and to every distance contract and order concluded between us and the consumer.

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

• Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
• Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the trader;
• Day: calendar day;
• Continuing transaction: a distance contract relating to a series of products and/or services, where the obligation to supply and/or purchase is spread over time;
• Durable medium: any means enabling the consumer or trader to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information;
• Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
• Model form: the model withdrawal form the trader makes available for a consumer to complete when exercising their right of withdrawal;
• "BesCards": the private limited company "BesCards B.V.", trading under the name "BesCards";
• Distance contract: a contract in which, within the framework of a system organised by the trader for distance selling of products and/or services, sole use is made of one or more techniques for distance communication up to and including the conclusion of the contract;
• Technique for distance communication: a means that can be used to conclude a contract without the consumer and trader being together in the same place at the same time;
• Terms & Conditions: the present General Terms & Conditions of the trader.

Article 2 – Identity of the trader

Article 3 – Applicability

These general terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.

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 trader will indicate before the contract is concluded that the terms and conditions may be inspected at the trader'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, the text of these terms and conditions may — by way of derogation from the previous paragraph and before the contract is concluded — be made available electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the trader will indicate where the terms may be consulted electronically and that they will be sent free of charge, electronically or otherwise, at the consumer's request.

Where specific product or service conditions apply in addition to these terms, the second and third paragraphs apply accordingly, and in the event of conflicting terms the consumer may always rely on the provision most favourable to them.

If one or more provisions in these terms are wholly or partly void or annulled at any time, the contract and remaining terms remain in force, and the provision concerned will be replaced without delay by mutual agreement with one that approximates the original as closely as possible.

Situations not covered by these terms are to be assessed "in the spirit" of these terms. The same applies to any ambiguity about the interpretation or content of one or more provisions.

Article 4 – The offer

If an offer has a limited period of validity or is made subject to conditions, this is explicitly stated in the offer. The offer is without obligation. The trader is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered, detailed enough to allow a proper assessment by the consumer. Any images used are a truthful representation of the products offered. Obvious mistakes or errors in the offer do not bind the trader. The trader cannot guarantee that displayed colours exactly match the real colours of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer — in particular the price including taxes, any shipping costs, the manner in which the contract will be concluded, whether or not the right of withdrawal applies, the method of payment and delivery, and the other statutory information required.

Article 5 – The contract

Subject to paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the associated conditions.

If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance electronically. Until receipt of this acceptance has been confirmed, the consumer may dissolve the contract.

If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.

The trader may — within legal frameworks — inform themselves as to whether the consumer can meet their payment obligations, as well as of all facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the contract, they are entitled to refuse an order or request with reasons, or to attach special conditions to its performance.

Every contract is entered into subject to the condition precedent of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

On delivery of products: When purchasing products, the consumer has the option to dissolve the contract without giving reasons for 14 days. This cooling-off period starts on the day after the product is received by the consumer or a representative designated in advance and made known to the trader.

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 their right of withdrawal, they will return the product with all accessories supplied and — if reasonably possible — in its original condition and packaging, in accordance with the trader's reasonable and clear instructions.

If the consumer wishes to exercise their right of withdrawal, they must notify the trader within 14 days of receiving the product, via the model form. After notifying, the consumer must return the product within 14 days and must prove that the goods were returned in time, for example by means of proof of shipment.

If the consumer has not made known their wish to exercise the right of withdrawal, or has not returned the product within the periods stated above, the purchase is final.

The direct costs and risk of returning the products are borne by the consumer, unless otherwise agreed. A professional (business) buyer does not have this right of withdrawal.

Article 7 – Costs in case of withdrawal

If the consumer has paid an amount, the trader will refund it as soon as possible, but no later than 14 days after withdrawal, on the condition that the product has already been received back by the trader or that conclusive proof of complete return can be provided. Refunds are made using the same payment method the consumer used, unless the consumer expressly agrees to another method.

If the product is damaged due to careless handling by the consumer, the consumer is liable for any reduction in value of the product. The consumer cannot be held liable for a reduction in value if the trader has not provided all legally required information about the right of withdrawal before the contract was concluded.

If the consumer withdraws, they will receive back the payments made, including delivery costs (except any additional costs resulting from the consumer choosing a more expensive delivery method than the cheapest standard delivery offered), without delay and in any case no later than 14 calendar days after the trader is notified of the withdrawal. The trader may withhold the refund until the products have been received back and their condition checked. Refunds of delivery and transaction costs are always made pro rata.

Article 8 – Exclusion of the right of withdrawal

The trader may exclude the right of withdrawal for the products described below, provided this is clearly stated in the offer or in good time before the contract is concluded. Exclusion is only possible for products:

• made by the trader in accordance with the consumer's specifications;
• that are sealed — once the seal has been broken, these products cannot be returned;
• that are clearly personal in nature;
• that by their nature cannot be returned;
• that can deteriorate or expire quickly;
• whose price is tied to fluctuations in the financial market over which the trader has no influence;
• for individual newspapers and magazines;
• for audio and video recordings and computer software whose seal the consumer has broken;
• for hygiene products whose seal the consumer has broken.

Article 9 – The price

During the validity period 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.

By way of derogation, the trader may offer products or services whose prices are tied to fluctuations in the financial market and over which the trader has no influence, at variable prices. This dependence on fluctuations, and the fact that any stated prices are target prices, is stated in the offer.

Price increases within 3 months of concluding the contract are only permitted if they result from statutory regulations. Price increases after 3 months are only permitted if the trader has stipulated this and they result from statutory regulations, or if the consumer is entitled to terminate the contract as of the date the increase takes effect.

All prices stated for products or services include VAT. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of such errors, and the trader is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and warranty

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date the contract was concluded.

Any warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims the consumer may assert against the trader under the contract.

Any defects or incorrectly delivered products must be reported to the trader in writing within 2 months of delivery. Products must be returned in their original packaging and in as-new condition.

The trader's warranty period corresponds to the manufacturer's warranty period. The warranty does not apply if:

• the consumer has repaired and/or modified the delivered products themselves, or had them repaired/modified by third parties;
• the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the trader's instructions or the packaging;
• the defect is wholly or partly the result of regulations set by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and performance

The trader will exercise the greatest possible care when receiving and executing orders. The place of delivery is the address the consumer has made known to the trader.

The trader will execute accepted orders with due speed 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 carried out or only partially, 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 contract free of charge, but is not entitled to compensation.

All delivery periods are indicative; the consumer can derive no rights from them, and exceeding a period does not entitle the consumer to compensation. In case of dissolution, the trader will refund the amount paid as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the trader will endeavour to provide a replacement item. The right of withdrawal cannot be excluded for replacement items, and the cost of any return shipment is borne by the trader.

The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a designated representative, unless expressly agreed otherwise.

Article 12 – Continuing transactions: duration, termination and renewal

The consumer may at any time terminate a contract entered into for an indefinite period for the regular delivery of products or services, subject to the agreed termination rules and a notice period of no more than one month. A contract entered into for a fixed period may be terminated at any time towards the end of the fixed term, subject to the agreed rules and a notice period of no more than one month.

A fixed-term contract for the regular delivery of products or services may not be tacitly renewed or extended for a fixed period, except as permitted by law for newspapers and magazines. A fixed-term contract may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month.

If a contract has a duration of more than one year, the consumer may terminate it 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 term.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days of the start of the cooling-off period referred to in Article 6(1). In the case of a service, this period begins after the consumer has received confirmation of the contract.

The consumer has a duty to report inaccuracies in payment details provided or stated to the trader without delay. In case of non-payment by the consumer, the trader has the right — subject to legal restrictions — to charge reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with it. Complaints about the performance of the contract must be submitted to the trader fully and clearly described within 2 months after the consumer has discovered the defects.

Complaints submitted to the trader are answered within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.

A complaint does not suspend the trader's obligations unless the trader indicates otherwise in writing. If a complaint is found to be justified, the trader will, at its choice, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between the trader and the consumer to which these terms apply are governed exclusively by Dutch law, even if the consumer lives abroad. The Vienna Sales Convention (CISG) does not apply.

Article 16 – Additional or deviating provisions

Additional provisions or provisions deviating from these terms 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 by the consumer in an accessible manner on a durable medium.

Last updated: this document is maintained and updated by BesCards for every change or addition to the terms.