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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 - Costs in case of withdrawal
Article 8 - Exclusion of 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 derogating provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

  1. Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
  2. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Duration transaction: a distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which 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 unaltered reproduction of the stored information.
  6. Right of withdrawal: the possibility for the consumer to renounc the distance contract within the cooling-off period;
  7. Model form: the model withdrawal form that the entrepreneur makes available that a consumer can fill in when he wants to make use of 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: an agreement whereby, in the context of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
  10. Remote communication technology: means that can be used for the conclusion of a contract, without the consumer and the entrepreneur having met simultaneously in the same room.
  11. General Terms and Conditions:  the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur
Name of entrepreneur:
esenol B.V.
Business address:
Philips de Goedelaan 2-14
5615 PN Eindhoven
Telephone number:
085-0605373
E-mail address:
info@esenol.nl
Chamber of Commerce number:
84130121
VAT identification number: 
NL863106985B01

Article 3 - Applicability

  1. These general terms and conditions apply to every offer of the entrepreneur and to every distance agreement and orders concluded between entrepreneur and consumer.
  2. 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, before the distance agreement is concluded, it will be indicated that the general terms and conditions can be seen by the entrepreneur and they will be sent free of charge at the request of the consumer as soon as possible.
  3. If the distance contract is concluded electronically, in deviation from 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 stored by the consumer in a simple way on a durable data carrier. If  this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be taken note of by electronic means and that they will be sent free of charge by electronic means or otherwise at the request of the consumer.
  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 favorable to him in the event of conflicting general terms and conditions.
  5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or are annulled, then the agreement and these terms and conditions will otherwise remain in force and the relevant provision will be replaced without delay by a provision that approximates the purport of the original as much as possible.
  6. Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
  7. Ambiguities about 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

  1. If an offer has a limited period of validity or is made under conditions, this will be explicitly stated in the offer.
  2. The offer is without obligation. The entrepreneur 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 allow a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the offered products and / or services. Obvious mistakes or manifest errors in the offer do not bind the entrepreneur.
  4. All images, specifications data in the offer are indicative and can not be a reason for compensation or dissolution of the agreement.
  5. Images with products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
  6. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in
    particular:
    • the price including taxes;
    • any costs of shipment;
    • the way in which the agreement will be concluded and what actions are required for this purpose;
    • whether or not the right of withdrawal is applicable;
    • the method of payment, delivery and execution of the agreement;
    • the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
    • the level of the fare for distance communication if the cost of using the means of distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
    • whether the agreement is archived after its conclusion, and if so in what way it can be consulted by the consumer;
    • the way in which the consumer, before concluding the contract, can check and, if desired, restore 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 submitted and the way in which the consumer can consult these codes of conduct by electronic means; and
    • the minimum duration of the distance contract in the case of a duration transaction.
    • Optional: available sizes, colors, type of materials.

Article 5 - The agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfilment of the conditions set by it.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer by electronic means. As long as the 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 transmission of data and ensure a secure web environment. If  the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose.
  4. The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of 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 the execution.
  5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:

a. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;

b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding  the exclusion of the right of withdrawal;

c. the information about warranties and existing after-purchase service;

d. 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;

e. the requirements for termination of the agreement if  the agreement has a duration of more than one year or is of indefinite duration.

  1. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
  2. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

When delivering products:

  1. When purchasing products, the consumer has the possibility to dissolve the agreement for 14 days without giving reasons. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
  2. During the cooling-off period, the consumer will handle the product and the 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 delivered accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  3. If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days, after receipt of the product. The consumer must make it known by means of the model form or by means of another means of communication such as by e-mail. After the consumer has indicated that he wants to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
  4. If, at the end of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

In the case of provision of services:

  1. In the case of delivery of services, the consumer has the possibility to dissolve the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.
  2. In order to make use of his right of withdrawal, the consumer will address the reasonable and clear instructions provided by the entrepreneur in the offer and / or at the latest at the time of delivery in this regard.

Article 7 - Costs in case of withdrawal

  1. If the consumer makes use of his right of withdrawal, the costs of return will be borne by his or her at most.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after withdrawal. However, the condition is that the product has already been received back by the webshop owner or conclusive proof of complete return can be submitted. Refunds will be made via the same payment method used by the consumer unless the consumer expressly gives permission for another payment method.
  3. 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.
  4. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.

Article 8 - Exclusion of right of withdrawal

  1. The entrepreneur can 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 entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
  2. Exclusion from the right of withdrawal is only possible for products:

a. that have been established by the entrepreneur in accordance with the consumer's specifications;

b. which are clearly personal in nature;

c. which, by their nature, cannot be returned;

d. that can quickly spoil or age;

e. whose price is linked to fluctuations in the financial market over which the entrepreneur has no influence;

f. for individual newspapers and magazines;

g. for audio and video recordings and computer software whose consumer has broken the seal.

h. for hygienic products for which the consumer has broken the seal.

  1. Exclusion from the right of withdrawal is only possible for services:

a. to carry out accommodation, transport, restaurant business or leisure activities on a certain date or during a certain period;

b. the delivery of which has begun with the express consent of the consumer before the cooling-off period has expired;

c. concerning betting and lotteries.

Article 9 - 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 as a result of changes in VAT rates.
  2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are tied to fluctuations on the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices quoted are target prices are stated in the offer.
  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. Price increases from 3 months after the conclusion of the agreement are only permitted if  the entrepreneur has stipulated this and:

a. these are the result of legal regulations or provisions; or

b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

  1. The prices mentioned in the range of products or services are inclusive of VAT.
  2. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 - Conformity and Warranty

  1. The entrepreneur guarantees that the products and /or services comply with the agreement, the specifications stated in the offer, with the reasonable requirements of reliability and / or usability and the legal provisions and / or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also  guarantees that the product is suitable for other than normal use.
  2. A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. Return of the products must be made in the original packaging and in new condition.
  4. The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur 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 processed the delivered products himself/or has had them repaired and/or processed by third parties;
  • The delivered products have been exposed to abnormal circumstances or are otherwise treated carelessly or are contrary to the instructions of the entrepreneur and / or have been treated on the packaging;
  • The unsoundness is wholly or partly the result of regulations that the government has set or will impose with regard to the nature or quality of the materials used.

Article 11 - Delivery and execution

  1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the company.
  3. Subject to what is stated about this 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  the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive notice of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
  4. All delivery times are indicative. The consumer cannot derive any rights from any periods mentioned. Exceeding a term does not entitle the consumer to compensation.
  5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than within 14 days after dissolution.
  6. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. At the latest at the time of delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of a possible return shipment are at the expense of the entrepreneur.
  7. The risk of damage and/or loss of products rests 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 - Duration transactions: duration, termination and extension

Termination

  1. The consumer can terminate an agreement that has been entered into for an indefinite period of time and that extends to the regular delivery of products (including electricity) or services, at any time, with due observance of the agreed cancellation rules and a notice period of up to one month.
  2. The consumer can terminate an agreement that has been entered into for a fixed period and that aims at the regular delivery of products (including electricity) or services, at any time at the end of the fixed period, with due observance of the termination rules agreed for this purpose and a notice period of up to one month.
  3. The consumer may, in the contracts referred to in the preceding paragraphs:
  • terminate at all times and are not limited to termination at a certain time or in a certain period;
  • at least terminate in the same way as they have been entered into by him;
  • always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension

  1. An agreement that has been entered into for a fixed period and that serves to the regular delivery of products (including electricity) or services, may not be tacitly renewed or renewed for a certain period of time.
  1. Contrary to the previous paragraph, an agreement that has been entered into for a fixed period and that extends to the regular delivery of daily, news and weeklies and magazines and magazines may be tacitly renewed for a certain 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 up to one month.
  2. An agreement that has been entered into for a fixed period and that aims at the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may at all times terminate with a notice period of up to one month and a notice period of up to three months in case the agreement extends to the regular,  but less than once a month, deliver daily, news and weekly newspapers and magazines.
  3. An agreement with a limited duration until the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) for the regular introduction is not tacitly continued and ends automatically after the end of the trial or introduction period.

Expensive

  1. 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 up to one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

  1. Insofar as 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 a contract to provide a service, this period starts after the consumer has received confirmation of the agreement.
  2. The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
  3. In the event of non-payment of the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure

  1. The entrepreneur has a sufficiently published complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted to the entrepreneur within 2 months fully and clearly described, 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. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is amenable to the dispute settlement.
  5. In the event of complaints, a consumer must first of all turn to the entrepreneur. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
  6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
  7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will replace or repair the delivered products free of charge at her choice.

Article 15 - Disputes

  1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. Even if the consumer is resident abroad.
  2. The Vienna Sales Convention does not apply.

Article 16 - Additional or derogating provisions

Additional or deviating 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 way on a durable data carrier.

Model withdrawal form

(only fill out and return this form if you want to withdraw from the agreement)

To
esenol.nl
Philips de Goedelaan 2-14
5615 PN Eindhoven
info@esenol.nl
085-0605373

— I/We (*) hereby inform you that I/we (*) hereby withdraw/withdraw our agreement concerning the sale of the following goods/supply of the following service (*):

— Ordered on (DD-MM-YYYY) :                                    — Order number :

— Received on (DD-MM-YYYY):

— Name(s) of consumer(s)

— Address consumer(s):

— IBAN Account number:

— Signature of consumer(s) (only when this form is submitted on paper)  

—Date(DD-MM-YYYY):

 

(*) Strike out what doesn't apply.





(Download the Terms and Conditions as a PDF document.)
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