Terms of service

Contents

Article 1 — Definitions
Article 2 — Trader identity
Article 3 — Applicability
Article 4 — The offer
Article 5 — The agreement
Article 6 — Right of withdrawal
Article 7 — Consumer obligations during the cooling-off period
Article 8 — Exercising the right of withdrawal and its costs
Article 9 — Trader obligations in the event of withdrawal
Article 10 — Exclusion of the right of withdrawal
Article 11 — Prices
Article 12 — Performance and additional guarantees
Article 13 — Delivery and performance
Article 14 — Continuing agreements: duration, termination and renewal
Article 15 — Payment
Article 16 — Complaints
Article 17 — Disputes
Article 18 — Additional or differing provisions
Annex I — Model withdrawal form

Article 1 — Definitions

For these terms, the following definitions apply:

1. Ancillary agreement: an agreement under which the consumer acquires products, digital content or services in connection with a distance contract, supplied by the trader or a third party under an arrangement with the trader.
2. Cooling-off period: the period during which the consumer may exercise the right of withdrawal.
3. Consumer: a natural person acting for purposes outside their trade, business, craft or profession.
4. Day: calendar day.
5. Digital content: data produced and supplied in digital form.
6. Continuing agreement: an agreement for regular supply of products, services or digital content over a period.
7. Durable medium: any means, including email, enabling the consumer or trader to store personally addressed information for future consultation or use over a period appropriate to its purpose, and permitting unchanged reproduction.
8. Right of withdrawal: the consumer's ability to withdraw from a distance contract during the cooling-off period.
9. Trader: the natural or legal person offering products, access to digital content or services to consumers at a distance.
10. Distance contract: an agreement between trader and consumer under an organised distance sales system, using one or more means of distance communication exclusively or partly up to and including its conclusion.
11. Model withdrawal form: the European model form in Annex I.
12. Means of distance communication: a means for concluding an agreement without the consumer and trader being physically present in the same place.

Article 2 — Trader identity

Trader: Adeqo, trading name of Godu B.V.
Registered address: Gooimeer 1, 1411 DC Naarden, Netherlands
Telephone: +31 6 27 000 103 (Monday to Friday, 09:00–17:00)
Email: sales@adeqo.eu
Chamber of Commerce number: 70120900
VAT identification number: NL858150700B01

Article 3 — Applicability

1. These general terms apply to every offer by the trader and every distance contract concluded between trader and consumer.
2. Before the distance contract is concluded, these terms are made available to the consumer. If reasonably impossible, the trader indicates beforehand how they may be inspected and that they will be sent free of charge as soon as possible upon request.
3. For an electronic distance contract, the terms may instead be provided electronically before conclusion in a way that permits easy storage on a durable medium. If reasonably impossible, the trader indicates where they can be consulted electronically and that they will be sent free of charge electronically or otherwise upon request.
4. If specific product or service terms also apply, paragraphs 2 and 3 apply accordingly. In the event of conflicting terms, the consumer may rely on the applicable provision most favourable to them.

Article 4 — The offer

1. If an offer has a limited validity period or conditions, these are expressly stated.
2. The offer contains a complete and accurate description of the products, digital content or services, sufficiently detailed for the consumer to assess it properly. Images faithfully represent the offered products, services or digital content. Obvious mistakes or errors do not bind the trader.
3. Every offer contains information making the rights and obligations associated with acceptance clear to the consumer.

Article 5 — The agreement

1. Subject to paragraph 4, the agreement is concluded when the consumer accepts the offer and fulfils its conditions.
2. If accepted electronically, the trader promptly confirms receipt electronically. Until receipt of acceptance is confirmed, the consumer may terminate the agreement.
3. For electronic agreements, the trader takes appropriate technical and organisational measures to secure data transfer and provide a secure web environment. Appropriate security measures are also taken for electronic payment.
4. Within legal limits, the trader may investigate whether the consumer can meet payment obligations and other facts relevant to responsibly concluding a distance contract. If this provides sound grounds not to conclude it, the trader may refuse an order or application with reasons or impose special performance conditions.
5. No later than delivery, the trader supplies the following in writing or in a form easily stored on a durable medium: (a) the postal and email addresses for complaints; (b) the conditions and procedure for withdrawal, or a clear statement that withdrawal is excluded; (c) information about guarantees and after-sales services; (d) the price including taxes, any delivery costs and the payment and delivery or performance arrangements; (e) termination requirements for agreements longer than one year or of indefinite duration; and (f) the model withdrawal form where the consumer has a right of withdrawal.
6. For continuing agreements, paragraph 5 applies only to the first delivery.

Article 6 — Right of withdrawal

Products

1. The consumer may withdraw from a product purchase agreement during a cooling-off period of at least 14 days without giving reasons. The trader may ask for a reason but cannot require one.
2. The period starts on the day after the consumer or a designated third party other than the carrier receives the product, or as follows.
3. For several products in one order: after receipt of the final product by the consumer or designated third party. The trader may refuse orders containing products with different delivery times if this is clearly explained before ordering.
4. For a product delivered in several shipments or parts: after receipt of the final shipment or part.
5. For regular delivery of products over a period: after receipt of the first product.

Services and digital content not supplied on a tangible medium

1. The consumer may withdraw from a service agreement or agreement for digital content not supplied on a tangible medium within at least 14 days without giving reasons. The trader may ask for a reason but cannot require one.
2. The period starts on the day after the agreement is concluded.
3. If the trader has not provided the legally required information about withdrawal or the model form, the cooling-off period for products, services or non-tangible digital content expires 12 months after the end of the original period determined above.
4. If the information is provided within those 12 months, the period expires 14 days after the consumer receives it.

Article 7 — Consumer obligations during the cooling-off period

1. The consumer handles the product and packaging carefully, unpacking or using it only as needed to establish its nature, characteristics and functioning. The principle is that it may only be handled and inspected as permitted in a shop.
2. The consumer is liable only for diminished value resulting from handling beyond paragraph 1.
3. The consumer is not liable for diminished value if the trader did not provide all legally required withdrawal information before or when concluding the agreement.

Article 8 — Exercising the right of withdrawal and its costs

1. The consumer notifies the trader within the cooling-off period using the model form or another unequivocal statement.
2. The consumer returns or hands over the product to the trader or its authorised representative as soon as possible, within 14 days from the day after notification. This is unnecessary if the trader offers collection. The return deadline is met if the consumer sends the product before the cooling-off period expires.
3. The product is returned with all supplied accessories, in its original condition and packaging where reasonably possible, following the trader's reasonable and clear instructions.
4. The consumer bears the risk and burden of proof of correct and timely exercise of withdrawal.
5. The consumer pays direct return costs. They do not pay if the trader failed to disclose this obligation or states that it will pay the costs.
6. If the consumer withdraws after expressly requesting that a service or supply of gas, water or electricity not prepared for sale in a limited volume or set quantity begin during the cooling-off period, they owe an amount proportional to the performance completed by the trader at withdrawal compared with full performance.
7. The consumer pays no costs for services, such supplies of water, gas or electricity, or district heating if:
8. the trader failed to provide legally required information about withdrawal, compensation upon withdrawal or the model form; or
9. the consumer did not expressly request commencement during the cooling-off period.
10. The consumer pays no costs for full or partial delivery of digital content not on a tangible medium if:
11. they did not expressly consent beforehand to performance beginning before the cooling-off period ended;
12. they did not acknowledge losing withdrawal rights by consenting; or
13. the trader failed to confirm that declaration.
14. Withdrawal automatically terminates all ancillary agreements.

Article 9 — Trader obligations in the event of withdrawal

1. If electronic withdrawal notification is offered, the trader promptly acknowledges receipt.
2. When the consumer withdraws from the entire order, the trader reimburses all payments received, including the original standard delivery charge, without undue delay and within 14 days after withdrawal notification. Supplementary costs for a more expensive delivery option expressly chosen by the consumer need not be reimbursed. Unless offering collection, the trader may wait until it receives the product or the consumer proves return shipment, whichever occurs first.
3. The trader refunds using the same payment method unless the consumer agrees otherwise. The refund is free of charge to the consumer.

Article 10 — Exclusion of the right of withdrawal

The trader may exclude the following products only if this is clearly stated in the offer or in good time before the agreement is concluded:

1. Products made to the consumer's specifications, not prefabricated, based on an individual choice or decision, or clearly intended for a specific person. This includes cladding produced to custom dimensions on request.
2. Sealed products unsuitable for return for health protection or hygiene reasons whose seal has been broken after delivery.
3. Products which, by their nature, become inseparably mixed with other products after delivery.

Article 11 — Prices

1. During the offer's validity period, prices are not increased except due to changes in VAT rates.
2. Products or services subject to financial market fluctuations beyond the trader's control may be offered at variable prices. The offer states this dependence and that any stated prices are indicative.
3. Price increases within three months after conclusion are permitted only if resulting from statutory rules or provisions.
4. Increases after three months are permitted only if stipulated by the trader and either (a) resulting from statutory rules or provisions, or (b) the consumer may terminate from the date the increase takes effect.
5. Prices stated in product or service offers include VAT.

Article 12 — Performance and additional guarantees

1. The trader warrants that products or services conform to the agreement, stated specifications, reasonable requirements of quality and usability, and legislation or government regulations in force at conclusion. If agreed, it also warrants suitability for use other than normal use.
2. An additional guarantee from the trader, supplier, manufacturer or importer never limits the consumer's statutory rights and claims against the trader where the trader has failed to perform its obligations.
3. An additional guarantee is any undertaking granting the consumer rights or claims beyond those legally required where the trader has failed to perform its obligations.

Article 13 — Delivery and performance

1. The trader exercises the greatest possible care when receiving and fulfilling product orders and assessing service applications.
2. The delivery location is the address provided by the consumer.
3. Subject to Article 4, accepted orders are fulfilled promptly and no later than 30 days unless another delivery period is agreed. If delivery is delayed or an order cannot be fulfilled fully or partly, the consumer is notified no later than 30 days after ordering. They may then terminate without charge and are entitled to any compensation.
4. Following such termination, the trader promptly refunds the amount paid.
5. The trader bears the risk of damage or loss until delivery to the consumer or a previously designated representative made known to the trader, unless expressly agreed otherwise.

Article 14 — Continuing agreements: duration, termination and renewal

Termination

1. An indefinite agreement for regular delivery of products, including electricity, or services may be terminated at any time under the agreed rules with no more than one month's notice.
2. A fixed-term agreement for regular delivery of such products or services may be terminated at the end of the agreed term under the agreed rules with no more than one month's notice.
3. The consumer may terminate these agreements at any time, without restriction to a specified date or period; at least by the same means used to enter them; and with the same notice period stipulated by the trader for itself.

Renewal

1. A fixed-term agreement for regular delivery of products, including electricity, or services may not be tacitly renewed for a fixed term.
2. A fixed-term agreement for regular delivery of daily newspapers, news publications, weekly newspapers or magazines may nevertheless be tacitly renewed for up to three months if the consumer may terminate at its end with no more than one month's notice.
3. A fixed-term regular supply agreement may be tacitly extended indefinitely only if termination is possible at any time with no more than one month's notice. For newspapers and magazines delivered regularly but less than once a month, notice may be no more than three months.
4. A limited trial or introductory subscription for such publications is not tacitly continued and ends automatically when the trial or introductory period expires.

Duration

1. If an agreement lasts more than one year, the consumer may terminate at any time after one year with no more than one month's notice, unless reasonableness and fairness oppose termination before the agreed end.

Article 15 — Payment

1. Unless otherwise agreed or stated in additional terms, amounts due are paid within 14 days after the cooling-off period begins, or within 14 days after conclusion if there is no such period. For services, this starts on the day after the consumer receives confirmation.
2. General terms may never require consumers to pay more than 50% in advance for product purchases. Where advance payment is stipulated, the consumer cannot assert rights regarding fulfilment before making it.
3. The consumer promptly reports inaccuracies in supplied or stated payment details.
4. If payment is late, after notification and a further 14-day payment period without payment, statutory interest is due on the outstanding amount and the trader may charge extrajudicial collection costs. These are at most 15% on the first €2,500, 10% on the next €2,500 and 5% on the next €5,000, with a minimum of €40. The trader may deviate from these amounts and percentages in the consumer's favour.

Article 16 — Complaints

1. The trader has a sufficiently publicised complaints procedure and handles complaints accordingly.
2. Complaints about performance must be submitted within a reasonable time after discovery, fully and clearly described.
3. Complaints are answered within 14 days of receipt. If a longer processing period is foreseeable, the trader acknowledges receipt within 14 days and indicates when a fuller answer can be expected.
4. If the complaint cannot be resolved by consultation, a dispute arises as described in Article 17.
5. The consumer first contacts the trader. If no solution results, the dispute may be brought before the competent Dutch court as described in Article 17.
6. A complaint does not suspend the trader's obligations unless the trader states otherwise in writing.
7. If the trader finds a complaint justified, it replaces or repairs the products free of charge, without prejudice to the consumer's other statutory rights.

Article 17 — Disputes

1. Agreements covered by these terms are governed by Dutch law. This choice does not deprive consumers of any mandatory protection available under the law that would apply in the absence of this choice.
2. Disputes about conclusion or performance relating to products supplied or to be supplied are submitted to the competent court, subject to applicable mandatory consumer jurisdiction rules, after the consumer first submits the complaint under Article 16.
3. This does not affect the consumer's right to apply to a court competent by law in their place of residence.

Article 18 — Additional or differing provisions

Additional provisions or provisions differing from these terms may not disadvantage the consumer. They must be recorded in writing or in a form the consumer can access and store on a durable medium.

Annex I — Model withdrawal form

If you wish to withdraw, complete and return this form. You may also use our online withdrawal form. Use of the form is optional: an unequivocal email notification is sufficient.

To: Adeqo, trading name of Godu B.V., Gooimeer 1, 1411 DC Naarden, Netherlands, sales@adeqo.eu

I/We* hereby notify you that I/we* withdraw from my/our* agreement for the sale of the following products:

Product(s): ______________________________
Order number: ______________________________
Ordered on: ______________ Received on: ______________
Consumer name(s): ______________________________
Consumer address(es): ______________________________
Date: ______________
Consumer signature(s): ______________________________ (only if submitted on paper)

* Delete as appropriate.

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