Terms and conditions

Article   1 - Definitions
Article   2 - Identity of entrepreneur
Article   3 - Applicability
Article   4 - The range
Article   5 - The contract
Article   6 - Right of withdrawal
Article   7 - Cost in case of withdrawal
Article   8 - Exclusion of right of withdrawal
Article   9 - The price
Article 10 - Compliance and guarantee
Article 11 - Delivery and execution
Article 12 - Dealing with complaints
Article 13 - Disputes
Article 14 - Additional or deviating provisions

Article 1 - Definitions
In these terms and conditions we mean by:
Cooling-off period:  the period of time during which the consumer can make use of his right of withdrawal.
Consumer: the natural person who does not act as a professional, or on behalf of a company and who enters into an agreement with the entrepreneur.
Day: calendar day.
Remote transaction: a remote agreement regarding products and/or services, of which the delivery and/or buying requirements are spread over a period of time.
Durable medium: each way that enables the consumer or entrepreneur to store information personally addressed to him in such a way that he can refer to this information and reproduce it in its original version.
Right of withdrawal: the possibility for a consumer to cancel the remote agreement within the cooling- off period.
Entrepreneur: the individual or legal entity offering products and/or service to consumers.
Remote agreement: an agreement where within the frame of a system organised by the entrepreneur for remote selling of products and/or services, up to and including the conclusion of the agreement will only be made use of one or more means for remote communications.
Means for remote communication: means that can be used to enter into an agreement without the consumer and entrepreneur meeting in the same place.

Article 2 - Identity of the entrepreneur

EU Shopping Network;
Faradaystraat 2H, 8013PH, Zwolle;
Email address: service@eushoppingnetwork.com
Chamber of commerce no.: 60183594

In case the activity of the entrepreneur is subject to a relevant licence system: the data on the supervising authority.
In case the entrepreneur has a regulated profession: the trade association or organisation he is a member of.
The professional title, the place in the EU or the European Economic Area where it has been allocated.
A referral to the professional rules applicable in the Netherlands and instructions where and how these rules can be accessed.

Article 3 – Applicability

These general terms and conditions apply to each offer and each remote agreement entered into between entrepreneur and consumer.
Before entering into a remote agreement, a copy of these general terms and conditions will be put at the consumer’s disposal. Should this not be possible, within reason, then, prior to entering into the remote agreement, it will be indicated that the general terms and conditions can be read at the entrepreneur’s and will be sent to the consumer on request, as soon as possible.
In case of a remote agreement entered into electronically, in derogation from the previous subsection, and prior to the remote agreement being entered into, the text of the these general terms and conditions can be made available by electronic means, in such a way that they can be stored easily by the consumer onto a durable medium. Should this, within reason, not be possible, then, prior to the remote agreement being entered into, will be indicated where these general terms and conditions can be read via electronic means and that they will be sent electronically or by other means on request to the consumer, free of charge.
In case next to these general terms and conditions other conditions regarding products or services apply, the second and third subsection of this article also apply thereto and in case of contrary general terms and conditions the consumer can refer to the provision applicable which is for him the most favourable.

Article 4 - The offer
In case an offer is valid for a limited period of time, or has been made under certain terms and conditions, this will explicitly be mentioned in the offer.
The offer contains a complete and accurate description of the products/services offered. The description has been sufficiently detailed to enable the consumer to evaluate the offer properly. If the entrepreneur uses pictures, these must be a true representation of the products/services offered. Apparent errors or mistakes in this offer are not binding to the entrepreneur.
Each offer contains information so to make it clear for the consumer what his rights and obligations are, when accepting the offer. This concerns in particular:
the price, inclusive of any taxes;
any cost of delivery, if applicable;
the way the agreement will be realised and what has to be done for that;
the right to withdrawal being applicable, or not;
the method of payment, delivery and execution of the agreement;
the time limit for accepting the offer, or until when the entrepreneur’s price is fixed;
the fee charged for remote communication in case the cost for using the technique for remote communication is calculated differently than the usual basic fee charged for the used means of communication;
whether the agreement when concluded, will be stored, and if so, in which way it can be accessed by the consumer;
the way the consumer, prior to entering into the agreement, can check and if necessary, change the details provided regarding the agreement;
possible other languages besides Dutch in which the agreement can be drawn up;
the behavioural codes to which the entrepreneur committed himself, and the way how the consumer can look into these codes electronically;
the minimum duration of the remote agreement in case of remote transaction.

Article  5 – the Agreement
The agreement will be realised, subject to what has been provided in subsection 4, the moment the consumer accepts the offer and meeting the requirements set for that agreement.
In case the consumer accepted the offer electronically, the entrepreneur will promptly acknowledge receipt of the acceptance of the offer. As long as the entrepreneur has not confirmed receipt of the acceptance, the consumer can dissolve the agreement.
In case the agreement has been realised electronically, the entrepreneur will take proper technical and organisational measures to protect the electronic transfer of data and will provide a safe web environment. In case the consumer can pay electronically, the entrepreneur will take appropriate safety measures.
The entrepreneur can make inquiries –within legal boundaries - on the ability of the consumer to meet his payment requirements, as well as on facts and factors which can be important for entering a remote agreement in a responsible way. Should the entrepreneur based on this investigation have sound reasons not to enter into the agreement, he has the right, stating the reason, to refuse an order or application or to set special conditions as to the execution thereof.

The entrepreneur will send along with the product or service to the consumer the following information, in writing or in such a way that it can be stored in an accessible way onto a durable medium by the consumer.
a. the address of the location of the entrepreneur where the consumer can go to with any complaints.
b. the conditions under which and the way how the consumer can make use of his right of withdrawal, or a clear statement regarding the right of withdrawal being excluded.
c. the information on guarantees and existing service after the purchase.
d. in article 4 sub 3 of these terms and conditions including details, unless the entrepreneur already gave these details to the consumer prior to the execution of the agreement;
e. The requirements regarding termination of the agreement in case the duration of the agreement is longer than one year or indefinite.
In case of a remote transaction the provision in the previous subsection only applies to the first delivery.

Article 6 – Right of Withdrawal
When buying the products, during the following 14 days the consumer can cancel the agreement without stating a reason. This cooling-off period starts the day after the consumer, or a representative appointed and introduced by the consumer to the entrepreneur beforehand, has received the product.
During the cooling-off period the consumer needs to handle the product and packaging carefully. He will only remove that much packaging and use the product for as much is needed to be able to find out whether he wishes to keep the product. In case he will make use of his right of withdrawal, he will return the product to the entrepreneur with all delivered accessories, if possible within reason, in the original state and packaging, in accordance with the reasonable and clear instructions from the entrepreneur. You are only entitled to reimbursement of the full amount you paid for the product, when the product is returned to the entrepreneur unused, undamaged and in the original packaging.

Article 7 -  Costs in case of using the right of withdrawal
In case the consumer uses his right of withdrawal, no more than the costs for returning the product are for his account.
In case the consumer has paid an amount, the entrepreneur will reimburse the same amount less delivery costs as soon as possible, though at the latest within 14 days after returning the product or the withdrawal.

Article 8 - Exclusion of right of withdrawal
The entrepreneur can exclude the right of withdrawal for the consumer for as far it has been provided in subsection 2 and 3. The exclusion of the right of withdrawal can only be done in case the entrepreneur clearly stated this exclusion in his offer, or in due time before concluding the agreement.

Exclusion of the right of withdrawal is only possible for products:
a.  which have been produced by the entrepreneur in accordance with consumer’s specifications;
b. which clearly are of personal nature;
c. which cannot be returned due to their nature;
d. which can quickly deteriorate or expire;
e. of which the price is subject to fluctuations on the financial market, which the entrepreneur cannot influence;
f. when it concerns single newspapers or magazines;
g. When it concerns audio – and video recordings and computer software of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, a restaurant business, or recreational activities on a certain date  or during a certain period of time;
b. of which the dispatch has begun after explicit consent from the consumer, before the cooling-off period had expired;
c. When it concerns bets and lotteries.

Article 9 - The price
During the stated validity term of the offer the prices of the offered products and/or services will not increase, subject to price changes as a result of changes in VAT (BTW) rates.
In deviation from the previous subsection the entrepreneur can offer his products or services of which the prices are subject to fluctuations on the financial market, which the entrepreneur cannot influence, with variable prices. The fact that any stated prices are only estimated prices and/or subject to fluctuations needs to be mentioned in the offer.
In case prices are increased within 3 months after the agreement was realised, this is only allowed in case it is a result of statutory regulations or provisions.
In case prices increase within 3 months after the agreement was realised, this is only allowed in case it has been agreed upon and
a.  or these are the result of statutory regulations or provisions;
b. the consumer has the authority to terminate the agreement the day the price increase will be implemented.
The prices stated in the offer regarding products and services are inclusive of VAT (BTW).

Article 10 - Compliance and guarantee
The entrepreneur guarantees that the products and/or services are in accordance with the agreement, the specifications stated in the offer, the reasonable requirements regarding reliability and/or usability and the statutory provisions and/or administrative regulations existing on the date the agreement was realised. In case mutually agreed upon, the entrepreneur also guarantees the product is suitable for other than normal usage.
A guarantee supplied by the entrepreneur, manufacturer or importer leave the legal rights and claims which the consumer based on the agreement can assert towards the entrepreneur, unaffected.

Article 11 -  Delivery and execution
The entrepreneur will take the utmost care when receiving and executing orders regarding products and when evaluating applications regarding rendering services.
The delivery address will be as the consumer has given to the company.
With due observance of what is stated in article 4 of these general terms and conditions regarding this subject, the company will carry out accepted orders with due diligence though within a maximum of 30 days, unless a longer delivery term has been agreed upon. In case the delivery is delayed or if an order cannot or only partly be executed, the consumer will be notified thereof at the latest 30 days after placing the order. The consumer then has the right to dissolve the agreement at no cost and is entitled to compensation, if necessary.
In case of dissolving the agreement in compliance with the previous subsection, the entrepreneur will refund the amount paid by the consumer regarding this order as soon as possible, though at the latest 30 days after dissolving the agreement.
In case delivery of an ordered product proves impossible, the entrepreneur will try to send a substitute article to the consumer. At the latest during delivery will in a clear and understandable way be mentioned that it concerns a substitute article. With regard to substitute articles the right of withdrawal cannot be excluded and any returns are for the entrepreneur’s account. 
The risk of damaged and/or loss of products lies with the entrepreneur until the order has been delivered to the consumer or a representative appointed and introduced to the entrepreneur beforehand, unless explicitly agreed upon otherwise.

Article 12 – Dealing with Complaints
The entrepreneur has adequately made known to the consumer that they have a complaints procedure and will deal with any complaints accordingly.
Any complaints regarding the execution of the agreement need to be submitted in due diligence, completely and clearly described to the entrepreneur after the consumer has established the defects.
Any complaints submitted to the entrepreneur will be dealt with within 14 days after they were received. If it seems that a complaint will take more time to process, the entrepreneur will give an answer within 14 days as well as state when the consumer can expect a more extensive answer.
In case complaints cannot be mutually solved, a dispute arises which can be dealt with via a dispute settlement.

Article 13 - Disputes
Only Dutch law applies to agreements between entrepreneur and consumer which these general terms and conditions relate to.

Article 14 - Additional and deviating provisions
Additional provisions or provisions deviating from these general terms and conditions should not be detrimental to the consumer and need to be laid down in writing or in such a way that these can be stored by the consumer in an accessible way on a durable medium.