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Terms and conditions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

  1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;

  2. Consumer: the natural person who is not acting for purposes related to their trade, business or profession and who enters into a distance contract with the trader;

  3. Day: calendar day;

  4. Continuing performance contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

  5. Durable medium: any means that enables the consumer or the trader to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.

  6. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;

  7. Trader: the natural or legal person who offers products and/or services to consumers at a distance;

  8. Distance contract: a contract concluded between the trader and the consumer within the framework of an organised system for the distance sale of products and/or services, where, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;

  9. Return Terms: the trader's return terms, available at https://www.koopeentens.nl/en/retourvoorwaarden, which form part of these Terms and Conditions;

  10. Means of distance communication: a means that can be used to conclude a contract without the consumer and the trader having to be in the same room at the same time.

  11. Terms and Conditions: these Terms and Conditions of the trader.

 

Article 2 - Identity of the trader

Intology
Van der Heijdenlaan 102
3705 EJ Zeist
The Netherlands

T +31 6 82 98 76 15
E info@intology.nl
Chamber of Commerce (KVK) 85744468
VAT number NL004139634B97

 

Article 3 - Applicability

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

  2. 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, it will be indicated, before the distance contract is concluded, that the terms and conditions can 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.

  3. If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these 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 not reasonably possible, it will be indicated, before the distance contract is concluded, where the terms and conditions can be viewed electronically and that they will be sent free of charge, electronically or otherwise, at the consumer's request.

  4. If, in addition to these terms and conditions, specific product or service terms also apply, 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.

  5. If one or more provisions of these terms and conditions are at any time wholly or partially void or annulled, the contract and these terms and conditions will otherwise remain in force, and the provision in question will be replaced without delay, by mutual agreement, by a provision that approximates the purport of the original as closely as possible.

  6. Situations not regulated in these terms and conditions must be assessed 'in the spirit' of these terms and conditions.

  7. Any ambiguity regarding the interpretation or content of one or more provisions of our terms must be interpreted 'in the spirit' of these terms and conditions.

 

Article 4 - The offer

  1. If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.

  2. The offer is non-binding. The trader is entitled to change and adjust the offer.

  3. 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. Obvious mistakes or obvious errors in the offer do not bind the trader.

  4. Images accompanying the products offered are as true a representation of the actual products as possible. However, the trader cannot guarantee that the colours shown will exactly match the actual colours of the product on every screen. Differences between images or specifications and the delivered product cannot give rise to compensation or dissolution of the contract, unless the difference concerns an essential characteristic of the product.

  5. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:

    • the price including taxes;

    • any shipping costs;

    • the way in which the contract will be concluded and which actions are required for this;

    • whether or not the right of withdrawal applies;

    • the method of payment, delivery and performance of the contract;

    • the period for acceptance of the offer, or the period within which the trader guarantees the price;

    • the amount of the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;

    • whether the contract will be archived after it has been concluded, and if so, how the consumer can consult it;

    • the way in which the consumer, before concluding the contract, can check and, if desired, correct the data they have provided in connection with the contract;

    • any other languages, besides Dutch, in which the contract can be concluded;

    • the codes of conduct to which the trader is subject 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 performance contract.

 

Article 5 - Customer reviews

  1. If the trader displays customer reviews or ratings on the website, the trader will state whether and how it is verified that these reviews were submitted by consumers who actually purchased or used the product.

  2. The trader does not post, remove or modify reviews in a way that gives an incorrect or misleading picture of the actual appreciation of the product.

 

Article 6 - The contract

  1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and complies with the conditions set therein.

  2. If the consumer has accepted the offer electronically, the trader will confirm receipt of the acceptance of the offer electronically without delay. As long as the trader has not confirmed receipt of this acceptance, the consumer can dissolve the contract.

  3. 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 secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures for this purpose.

  4. Within the bounds of the law, the trader may verify whether the consumer is able to meet their payment obligations, as well as all those facts and factors that are important for responsibly entering into the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the contract, the trader is entitled to refuse an order or request with reasons, or to attach special conditions to its performance.

  5. The trader will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

    • the visiting address of the trader's establishment where the consumer can submit complaints;

    • the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice that the right of withdrawal is excluded (see the Return Terms);

    • information about warranties and existing after-sales service;

    • the information included in article 4 paragraph 3 of these terms, unless the trader has already provided this information to the consumer before performance of the contract;

    • the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

  6. In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.

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

 

Article 7 - Return Terms

  1. The trader's Return Terms apply to the right of withdrawal, the return of products and the costs thereof. They are available at: https://www.koopeentens.nl/en/retour-voorwaarden.

  2. The Return Terms form an integral part of these terms and conditions. By agreeing to these terms and conditions, the consumer also agrees to the Return Terms.

  3. The second and third paragraphs of article 3 apply accordingly to making the Return Terms available to the consumer.

 

Article 8 - 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 trader may offer products or services whose prices are subject 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 prices stated are indicative 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 trader has stipulated this and:

    • they result from statutory regulations or provisions; or

    • 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 include VAT.

  6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the trader is not obliged to deliver the product at the incorrect price.

  7. When offering a price reduction (discount), the trader states, in addition to the new price, the lowest price that applied in the 30 days preceding the price reduction, in accordance with the applicable statutory rules on price indication.

 

Article 9 - Conformity and warranty

  1. The trader warrants 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 was concluded. If agreed, the trader also warrants that the product is suitable for other than normal use.

  2. A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader under the contract.

  3. Any defects or incorrectly delivered products must be reported to the trader in writing within 2 months after delivery. The Return Terms apply to returning these products.

  4. The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader 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.

  5. The warranty does not apply if:

    • the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;

    • the delivered products have been exposed to abnormal conditions or are otherwise treated carelessly or contrary to the trader's instructions and/or the instructions on the packaging;

    • the defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

 

Article 10 - Delivery and performance

  1. The trader will exercise the greatest possible care when receiving and performing orders for products and when assessing requests for services.

  2. The place of delivery is the address that the consumer has made known to the company.

  3. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed in part, 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 without costs. The consumer is not entitled to compensation.

  4. All delivery times are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation.

  5. In the event of dissolution in accordance with paragraph 3 of this article, the trader will refund the amount the consumer has paid as soon as possible, but no later than 14 days after dissolution.

  6. If delivery of an ordered product proves impossible, the trader will endeavour to make a replacement article available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement article is being delivered. The Return Terms apply to the right of withdrawal and return shipping in respect of replacement articles.

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

 

Article 11 - Retention of title

  1. Ownership of products delivered by the trader only passes to the consumer at the moment the consumer has paid in full everything owed to the trader under the contract.

  2. This retention of title does not affect the moment at which risk passes, as regulated in article 10 paragraph 7.

 

Article 12 - Payment

  1. Unless agreed otherwise, the full order amount must be paid when the order is placed, via the payment method(s) offered on the website (currently: iDEAL via Mollie).

  2. The consumer has a duty to report any inaccuracies in the payment details provided or stated to the trader without delay.

  3. In the event of non-payment by the consumer, the trader has, subject to statutory limitations, the right to charge the reasonable costs that were made known to the consumer in advance.

 

Article 13 - Complaints procedure

  1. The trader has a sufficiently publicised complaints procedure and will handle the complaint in accordance with this complaints procedure.

  2. 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.

  3. Complaints submitted to the trader will be answered within 14 days of the date of receipt. If a complaint is foreseeably going to require a 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.

  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution provisions of article 14.

  5. In the case of complaints, a consumer must first contact the trader. If the parties cannot resolve the matter together, the consumer can submit the complaint via the European ODR platform (http://ec.europa.eu/odr) or submit the dispute to the competent Dutch court.

  6. A complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.

  7. If the trader finds a complaint to be justified, the trader will, at its option, replace or repair the delivered products free of charge.

 

Article 14 - Disputes

  1. Contracts between the trader and the consumer to which these terms and conditions relate are governed exclusively by Dutch law, even if the consumer resides abroad.

  2. The Vienna Sales Convention does not apply.

 

Article 15 - Force majeure

  1. The trader is not obliged to fulfil any obligation towards the consumer if the trader is prevented from doing so as a result of a circumstance that is not attributable to the trader's fault and that is not for the trader's account by law, a legal act or generally accepted views (force majeure).

  2. Force majeure includes, in any case: network or communication failures, failures at suppliers or carriers, and government measures that delay or prevent performance of the contract.

  3. During the period that force majeure continues, the trader may suspend its obligations under the contract. If this period lasts longer than 30 days, either party has the right to dissolve the contract, without any obligation to compensate the other party for damages.

 

Article 16 - Privacy and personal data

  1. The trader processes the consumer's personal data solely in accordance with applicable privacy legislation.

  2. The trader's privacy statement applies to the processing of personal data and can be consulted at: https://www.koopeentens.nl/en/privacybeleid.

 

Article 17 - Additional or deviating provisions

Additional provisions or provisions deviating from these terms and conditions may not be to the consumer's disadvantage and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.