Terms and Conditions

Terms and Conditions Stichting WebwinkelKeur | De Outlet Specialist B.V.

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 - Costs in the event of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or different provisions

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 connection with 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 agreement between that third party and the entrepreneur;
Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Model form: the model withdrawal form provided by the entrepreneur that a consumer can complete when he wishes to exercise his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement concluded within the framework of an organised system for distance sales of products and/or services set up by the entrepreneur, whereby up to and including the conclusion of the agreement only one or more techniques for distance communication are used;
Technique for distance communication: means that can be used for concluding an agreement, without consumer and entrepreneur being simultaneously present in the same room.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur
De Outlet Specialist BV trading under the name/names: outletspecialist.com

Registered address:
De Outlet Specialist BV
Zuidhollandsedijk 179-181
5171TM Kaatsheuvel
The Netherlands

Visiting address:
Zuidhollandsedijk 179-181
5171TM Kaatsheuvel
The Netherlands
Phone number Netherlands: +31 858 88 60 09
Availability: Mon to Fri from 09:00-17:00
E-mail: info@outletspecialist.com
Chamber of Commerce number: 72464887

VAT identification number Netherlands: NL859118447B01

If the entrepreneur's activities are subject to a relevant licensing scheme: the details of the supervisory authority; If the entrepreneur practices a regulated profession:

the professional association or organization to which he is affiliated;
the professional title, the place in the EU or the European Economic Area where it was awarded;
a reference to the professional rules applicable in the Netherlands and instructions on where and how these professional rules can be accessed.

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 not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon 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 it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it shall be indicated where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.
If, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs shall apply accordingly and, in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favorable to him.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force and the relevant provision shall be replaced without delay, in mutual consultation, by a provision that approximates the purport of the original as closely as possible.
Situations not covered by these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 - The offer

If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images and specifications in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

the price including taxes;
any shipping costs;
the manner in which the agreement will be concluded and the actions required for that purpose;
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 rate for distance communication if the costs of using the means of distance communication are charged on a basis other than the regular basic rate for the communication method used;
whether the agreement is archived after its conclusion, and if so, in what way it can be consulted by the consumer;
the manner in which the consumer can, before entering into the agreement, verify and if desired correct the data provided by him in the context of the agreement;
any other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur has subscribed and the manner in which the consumer can consult these codes of conduct electronically;
and the minimum duration of the distance contract in the case of a long-term transaction;
available sizes, colors, type of materials.

Article 5 - The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and complies with the conditions attached thereto.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall provide a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures for that purpose.
Within the limits of the law, the entrepreneur may ascertain whether the consumer can meet his payment obligations, as well as all facts and factors that are important for responsibly entering into the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request, with reasons, or to attach special conditions to its execution.
The entrepreneur shall send the following information to the consumer together 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 data carrier:
the visiting address of the entrepreneur'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 statement regarding the exclusion of the right of withdrawal;
the information on guarantees and existing after-sales service;
the data included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the performance of the agreement;
the requirements for termination of the agreement if the agreement has a term of more than one year or is of indefinite duration.
In the case of a term transaction, the provision in the previous paragraph applies only to the first delivery.
Each agreement is entered into subject to the suspensive condition of sufficient availability of the relevant products.

Article 6 - Right of withdrawal
Upon delivery of products:

Items purchased from Outlet Specialist cannot be returned under standard conditions. The consumer has the opportunity to view and/or test the items before purchase.
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 assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all supplied accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
The right of withdrawal applies if the delivered product does not correspond to the ordered product, the item is delivered broken or differs from the photo and description. In these cases, the consumer is entitled to return the item within 14 days.
If the customer has not made it known after the periods mentioned in paragraphs 2 and 3 that he wishes to make use of his right of withdrawal, or has not returned the product to the entrepreneur, the purchase is final.
If the customer chooses to withdraw from the item, Outlet Specialist reserves the right to charge a restocking fee of 20%. This amount will be deducted from the amount to be refunded to the customer.

Upon delivery of services:

To make use of his right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 - Costs in case of withdrawal

If the consumer makes use of his right of withdrawal, the costs of returning the goods shall be borne by him at most.
If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal. However, this is subject to the condition that the product has already been received back by the online retailer or conclusive proof of complete return can be provided. Refunds will be made via the same payment method used by the consumer unless the consumer expressly agrees to a different payment method.
In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product.
The consumer cannot be held liable for any diminished value of the product if the trader has not provided all legally required information about the right of withdrawal; this must be done before the purchase agreement is concluded.
The Outlet Specialist reserves the right to charge a 20% restocking fee when returning items; the fee is calculated based on the amount already paid by the customer. This fee will be deducted from the amount to be refunded.

Article 8 - Exclusion of the right of withdrawal

The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, or at least in time before the conclusion of the agreement.

Article 9 - The price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
In deviation from 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 susceptibility to fluctuations and the fact that any prices stated are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:

a. they result from statutory regulations or provisions; or
b. the consumer is authorised to terminate the agreement with effect from the day on which the price increase takes effect

The prices mentioned in the offer of products or services include VAT.
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.

Article 10 - Conformity and Warranty

The trader 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 in force on the date the agreement is concluded. If agreed, the trader 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 statutory rights and claims that the consumer can assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. Returned products must be sent in the 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 final suitability of the products for any 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 has 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 instructions of the entrepreneur and/or as stated on the packaging;
The defect is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 - Delivery and performance

The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
The delivery address shall be the address that the consumer has made known to the company.
With due observance of what is stated in paragraph 4 of this article, the company 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 fulfilled or can only be fulfilled partially, the consumer will receive notification of this 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. No rights can be derived by the consumer 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 shall refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be clearly and understandably stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the entrepreneur.
The risk of damage to and/or loss of products lies 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 12 - Fixed-term transactions: duration, termination and extension
Termination

The consumer may terminate an agreement entered into for an indefinite period that provides 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 entered into for a definite period that provides for the regular delivery of products (including electricity) or services at any time by the end of the fixed term, 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;
at least terminate them in the same manner in which they were entered into by him;
always terminate them with the same notice period as the entrepreneur has stipulated for itself.

Extension
4. An agreement entered into for a fixed period that provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
5. By way of exception to the previous paragraph, an agreement entered into for a fixed period that provides for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer can terminate this extended agreement by the end of the extension with a notice period of no more than one month.
6. An agreement entered into for a fixed period that provides for the regular delivery of products or services 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 and a notice period of no more than three months in the event that the agreement provides for the regular, but less than monthly, delivery of daily, news and weekly newspapers and magazines.
7. An agreement with a limited duration for the regular trial delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period has expired.

Duration
8. If an agreement has a term of more than one year, the consumer may terminate the agreement at any time after one year by giving notice of up to one month, unless reasonableness and fairness preclude termination before the end of the agreed term.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
The consumer has the obligation to report any inaccuracies in provided or stated payment details to the entrepreneur without delay.
In the event of non-payment by the consumer, the entrepreneur is entitled, subject to statutory restrictions, to charge the reasonable costs previously made known to the consumer.

Article 14 - Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur within 2 months, fully and clearly described, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will reply within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is eligible for the dispute resolution procedure.
In the event of complaints, the consumer should first contact the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and in the case of complaints that cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has an ongoing membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the option to have their complaint handled by the independent dispute committee appointed by Stichting WebwinkelKeur, whose ruling is binding and both entrepreneur and consumer agree to this binding ruling. Submitting a dispute to this dispute committee involves costs that 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 states otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

Only Dutch law applies to agreements between the trader and the consumer to which these general terms and conditions relate. Even if the consumer resides abroad.
The Vienna Sales Convention does not apply.

Article 16 - Additional or deviating provisions
Additional or deviating provisions 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 by the consumer in an accessible manner on a durable data carrier.

Appendix I – Model withdrawal form
Model withdrawal form
(please complete and return this form only if you wish to withdraw from the agreement)

To: De Outlet Specialist BV

For the correct return address, please see the return information as included in your account on our website.
E-mail: info@deoutletspecialist.com

I/We* hereby give notice that I/we* withdraw from our agreement concerning
● the sale of the following products: [designation of product]

● the supply of the following digital content: [designation of digital content]*

● the provision of the following service: [designation of service]*,

withdraws/withdraw*.

Ordered on*/received on* [date of order for services or receipt for products]

[Name consumer(s)]

[Address consumer(s)]

[Signature consumer(s)] (only when this form is submitted on paper)

* Delete as appropriate or fill in as appropriate.

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