Terms of service

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 case of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and performance
Article 12 – Long-term transactions: duration, termination, and renewal
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or deviating provisions

Article 1 – Definitions

1. Reflection period: the period within which the consumer can make use of his right of withdrawal;
2. 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;
3. Day: calendar day;
4. Long-term transaction: a distance contract relating to a series of products and/or services, for which the obligation to deliver and/or purchase is spread over time;
5. 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.
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
7. Model form: the model withdrawal form made available by the entrepreneur which a consumer can fill in when he wishes to exercise his right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for distance selling of products and/or services, whereby up to and including the conclusion of the contract, only one or more means of distance communication are used;
10. Means of distance communication: means that can be used to conclude a contract, without the consumer and entrepreneur being together in the same space at the same time.
11. General Terms and Conditions: these present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Frenk4Business
Nieuwe Tuinen 12, Honselersdijk
Email: frenk4business@gmail.com
Chamber of Commerce number: 77123530
VAT identification number: NL003150748B30

Article 3 – Applicability

1. These terms and conditions apply to every offer from the entrepreneur as well as every contract and order concluded at a distance between the entrepreneur and the consumer.
2. Before a distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. In cases where this is not feasible, it will be indicated that the consumer has the opportunity to consult the general terms and conditions at the entrepreneur, and that these will be provided to the consumer free of charge upon request.
3. When a contract is concluded electronically, the general terms and conditions may be provided to the consumer digitally in such a way that they can be stored on a durable data carrier. If this is not possible, it will be stated where the general terms and conditions can be consulted digitally and that they will be provided free of charge to the consumer, either digitally or otherwise, upon request.
4. If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply accordingly. In the event of conflicting provisions within the terms, the consumer has the right to invoke the most favorable provision.
5. If certain clauses of these general terms and conditions are at any time wholly or partially void or annulled, the remaining part of the agreement and these terms and conditions shall remain in full force. The relevant clause will be replaced in good consultation and without delay by a clause that most closely approximates the original intent.
6. Unforeseen circumstances not expressly included in these terms and conditions must be interpreted in accordance with the spirit and intent of these terms and conditions.
7. In the event of any ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions, interpretation must be in accordance with the spirit and intent of the terms and conditions.

 Article 4 – The offer

1. If an offer has a limited period of validity or is subject to specific conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. The entrepreneur reserves the right to modify and revise the offer.
3. The offer provides a complete and accurate description of the products and/or services offered. The level of detail in this description ensures that the consumer can make a proper assessment of the offer. If the entrepreneur uses illustrations, these must be a true representation of the products and/or services offered. The entrepreneur is not bound by obvious inaccuracies or manifest errors in the offer.
4. All illustrations, specifications, and data in the offer are indicative and cannot result in any form of compensation or dissolution of the agreement.
5. Images relating to products are a true representation of the products offered. However, the entrepreneur cannot guarantee that the colors displayed correspond exactly to the actual colors of the products.
6. Each offer provides such information that it is clear to the consumer what rights and obligations are associated with the acceptance of the offer.This concerns in particular:the price including taxes;
1. any shipping costs;
2. the manner in which the agreement will be concluded and what actions are required for this;
3. whether or not the right of withdrawal applies;
4. the method of payment, delivery, and performance of the agreement;
5. the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
6. 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 base rate for the means of communication used;
7. whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
8. the way in which the consumer, before concluding the agreement, can check and, if desired, correct the data provided by him in the context of the agreement;
9. any other languages in which, in addition to Dutch, the agreement can be concluded;
10. 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
11. the minimum duration of the distance contract in the case of a long-term transaction.
12. Article 5 – The agreement

The agreement is effected, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the associated conditions.

1. When the consumer confirms the agreement electronically, the entrepreneur will immediately and electronically confirm receipt of this confirmation. Until the entrepreneur has confirmed acceptance, the consumer has the right to dissolve the agreement.
2. In the case of an electronic conclusion of the agreement, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer wishes to pay electronically, the entrepreneur will implement the necessary security protocols.
3. Within the legal parameters, the entrepreneur has the authority to investigate whether the consumer can meet his financial obligations, as well as to consider other relevant factors essential for a responsible conclusion of the distance contract. If the entrepreneur's investigation provides substantial reasons not to conclude the agreement, he reserves the right, with proper motivation, to refuse an order or request or to attach specific conditions to it.
4. Upon delivery of products or services to the consumer, the entrepreneur will provide the following information, either in writing or in a way that enables the consumer to store the information in an accessible and durable manner:
5. the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
1. 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;
2. information about warranties and existing after-sales service;
3. the data included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
4. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
5. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
6. Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products
7. Article 6 – Right of withdrawal

Upon delivery of products:

The consumer retains the right to cancel the agreement within 14 days after receiving the purchased products, without giving any reason. This period commences on the day after the consumer or a representative designated by the consumer and communicated to the entrepreneur receives the product.

1. During this reflection period, the consumer must handle the product and packaging with care. He may only unpack and use the product to the extent necessary to determine whether he wishes to keep it. If the right of withdrawal is exercised, the consumer must return the product, including 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.
2. If the consumer intends to exercise his right of withdrawal, he must notify the entrepreneur within 14 days after receipt of the product. This can be done via the prescribed model form or by alternative means of communication, such as email. After notifying his intention to exercise the right of withdrawal, the consumer then has 14 days to return the product. The consumer must be able to prove that he has returned the goods on time, for example by means of a shipping receipt.
3. If the consumer does not exercise his right of withdrawal within the periods specified in paragraphs 2 and 3, or if he does not return the product to the entrepreneur, the purchase is considered final.
4. Article 7 – Costs in case of withdrawal

When the consumer exercises his right of withdrawal, only the costs of returning the goods are at his expense.

1. If the consumer has already paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after being informed of the withdrawal. However, this is subject to the condition that the product has already been received by the entrepreneur or that irrefutable proof of complete return has been provided. The refund will be made using the same payment method as used by the consumer, unless the consumer explicitly agrees to an alternative payment method.
2. In case of damage to the product resulting from careless handling by the consumer, the consumer is liable for any depreciation of the product.
3. The consumer cannot be held liable for the depreciation of the product if the entrepreneur fails to provide all legally required information regarding the right of withdrawal prior to the conclusion of the purchase agreement.
4. Article 8 – Exclusion of the right of withdrawal

The entrepreneur reserves the right to exclude the consumer's right of withdrawal for products as defined in paragraphs 2 and 3. This exclusion only applies if the entrepreneur has explicitly and unambiguously communicated this condition in the offer, or has made it known prior to the conclusion of the agreement.

1. Exclusion of the right of withdrawal is only possible for products:
2. that have been produced by the entrepreneur according to the consumer's specifications;
1. that are clearly personal in nature;
2. that by their nature cannot be returned;
3. that can spoil or age quickly;
4. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
5. for individual newspapers and magazines;
6. for audio and video recordings and computer software whose seal has been broken by the consumer.
7. for hygienic products whose seal has been broken by the consumer.
8. 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.

1. Contrary to the previous paragraph, the entrepreneur reserves the right to offer products or services with variable prices, which are subject to fluctuations in the financial market over which the entrepreneur has no control. The susceptibility to such fluctuations, as well as the indicative nature of the stated prices, will be explicitly stated in the offer.
2. Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
3. Price increases that take effect more than 3 months after the conclusion of the agreement are only permitted if stipulated by the entrepreneur and:
4. they are the result of statutory regulations or provisions; or
1. the consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.
2. The prices stated in the offer of products or services include VAT.
5. 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 entrepreneur is not obliged to deliver the product at the incorrect price.
   
6. Article 10 – Conformity and Warranty
   

The entrepreneur guarantees that the products and/or services conform to the agreement, the specifications stated in the offer, reasonable requirements of quality and/or usability, as well as the statutory provisions and/or government regulations in force at the time the agreement was concluded. If expressly agreed, the entrepreneur also guarantees the suitability of the product for use other than normal.

1. 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.
2. Potential defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. Products must be returned in their original packaging and unused condition.
3. The warranty period applied by the entrepreneur is equivalent to the warranty period offered by the manufacturer. However, the entrepreneur is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
4. The warranty does not apply if:
5. The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
1. 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 the packaging;
2. The defectiveness is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.
3. Article 11 – Delivery and performance

The entrepreneur will exercise the utmost care in receiving and executing product orders, as well as in assessing requests for the provision of services.

1. The address provided by the consumer to the entity is considered the official delivery address.
2. In accordance with what is stated in paragraph 4 of this article, the entity will fulfill accepted orders with due speed but at the latest within 30 days, unless the consumer has explicitly agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled at all or only in part, the consumer will be informed of this no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.
3. All communicated delivery periods are purely indicative. The consumer cannot derive any binding rights from such periods. Exceeding a stated period does not entitle the consumer to compensation.
4. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur undertakes to refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
5. If delivery of an ordered product proves impossible, the entrepreneur will attempt to make a replacement item available. Upon delivery, it will be clearly and comprehensibly communicated that a replacement item is being offered. For replacement items, exclusion of the right of withdrawal does not apply. The costs of any return shipment are borne by the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and notified representative, unless expressly agreed otherwise.
7. Article 12 – Long-term transactions: duration, termination, and renewal

Termination

The consumer has the right to terminate a contract entered into for an indefinite period and which relates to the periodic delivery of products (including electricity) or services at any time, subject to the agreed termination conditions and a notice period of no more than one month.

1. The consumer is entitled to terminate a contract entered into for a definite period and which relates to the regular delivery of products (including electricity) or services at the end of the agreed period, subject to the agreed termination conditions and a notice period of no more than one month.
2. The consumer may terminate the agreements referred to in the previous paragraphs:
3. at any time and not be limited to termination at a specific time or in a specific period;
1. at least in the same way as they were entered into by him;
2. always with the same notice period as the entrepreneur has stipulated for himself.
3. Renewal

A contract entered into for a definite period and aimed at the periodic delivery of products (including electricity) or services must not be tacitly extended or renewed for a definite period.

• By way of derogation from the previous paragraph, a contract entered into for a definite period and aimed at the periodic delivery of daily newspapers, news magazines, weeklies, and magazines may be tacitly extended for a specific period of up to three months, provided that the consumer retains the right to terminate the extended contract at the end of the extension with a notice period of no more than one month.
• A contract entered into for a definite period and aimed at the periodic delivery of products or services may only be tacitly extended for an indefinite period if the consumer has the right to terminate at any time with a notice period of no more than one month, and a notice period of no more than three months if the contract relates to the delivery, less frequently than monthly, of daily newspapers, news magazines, and weeklies.
• A contract of limited duration for the introductory delivery of daily newspapers, news magazines, and weeklies (a so-called trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period has expired.
• Duration

If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.

• Article 13 – Payment

Unless expressly agreed otherwise, amounts owed by the consumer must be paid within 7 working days following the start of the reflection period as specified in Article 6, paragraph 1. In the case of a service contract, this period commences when the consumer has received confirmation of the concluded agreement.

1. It is the consumer's responsibility to immediately report inaccuracies in provided or stated payment information to the entrepreneur.
2. If the consumer fails to meet his payment obligations, the entrepreneur reserves the right, subject to legal restrictions, to charge the consumer reasonable costs that have been communicated in advance.
3. Article 14 – Complaints procedure

The entrepreneur maintains an adequate and sufficiently communicated procedure for handling complaints and considers complaints in accordance with this procedure.

1. Complaints regarding the performance of the agreement must be submitted to the entrepreneur within 2 months, clearly and fully described, from the moment the consumer has identified the shortcomings.
2. Complaints submitted to the entrepreneur will be answered within 14 days from the date of submission. If a complaint requires a longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when a more detailed answer can be expected.
3. If a complaint cannot be resolved by mutual agreement, it results in a dispute subject to the applicable dispute resolution procedure.
4. In the event of complaints, the consumer must first contact the entrepreneur. The consumer is also free to register complaints via the European ODR platform
5. http://ec.europa.eu/odr(A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.).
6. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at her discretion, either replace or repair the delivered products free of charge.
7. Article 15 – Disputes

All obligations between the entrepreneur and the consumer to which these general terms and conditions have been declared applicable are governed exclusively by Dutch law, even if the consumer resides abroad.

1. The Vienna Convention on Contracts for the International Sale of Goods is expressly excluded.
2. Article 16 – Additional or deviating provisions

Provisions that supplement or deviate from these general terms and conditions may not place the consumer in a less favorable position. Such provisions must be recorded in writing or presented in such a way that the consumer can store them in an accessible manner on a durable data carrier.

Provisions that supplement or deviate from these general terms and conditions may not place the consumer in a less favorable position. Such provisions must be consolidated in writing or presented in such a way that the consumer can archive them in an accessible manner on a durable data carrier.