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 Execution
Article 12 – Duration Transactions: Termination and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Deviating Provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Cooling-off period: the period during which the consumer may make use of their right of withdrawal.

  • Consumer: the natural person who is not acting for purposes related to their trade, business, craft, or profession, 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 medium: any tool that enables the consumer or entrepreneur to store information directed to them personally in a way that allows future reference and unaltered reproduction of the stored information.

  • Right of withdrawal: the consumer’s ability to withdraw from the distance contract during the cooling-off period.

  • Model withdrawal form: the form provided by the entrepreneur that a consumer may fill in if they wish to exercise their right of withdrawal.

  • Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers.

  • Distance contract: a contract concluded in the context of a system organized by the entrepreneur for remote sales, using one or more means of remote communication.

  • Means of remote communication: any tool used to conclude a contract without consumer and entrepreneur being in the same room.

  • General Terms and Conditions: these present general terms and conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Siwell
Newtonstraat 46
1706SB Heerhugowaard
Netherlands

Email: info@siwell.nl
Chamber of Commerce (KvK): 37119783

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer.

Before a 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, the consumer will be informed how to access the general terms and that they will be sent free of charge upon request.

If the distance contract is concluded electronically, the general terms may be made available electronically in a way that the consumer can store them on a durable medium. If not possible, the consumer will be informed where they can access them and request a free copy.

In cases where specific product or service terms apply in addition to these general terms, the consumer can rely on the most favorable applicable provision.

If one or more provisions of these general terms are null or void, the remaining agreement stays in effect and the parties will replace the void provision with a valid one that closely matches the original intent.

Unregulated situations or unclear provisions are to be interpreted ‘in the spirit’ of these general terms.

Article 4 – The Offer

If an offer has a limited validity or conditions, this is explicitly stated.

Offers are non-binding. The entrepreneur may change or amend them.

The offer includes a full and accurate description of the products and/or services. Any images used are truthful representations. Obvious errors do not bind the entrepreneur.

Each offer states:

  • Total price including taxes

  • Delivery costs

  • Method of contract conclusion

  • Right of withdrawal applicability

  • Payment, delivery, and contract execution

  • Validity of the offer

  • Communication costs if different from the base rate

  • Whether the contract is archived and how it can be accessed

  • Means to correct order errors

  • Available contract languages

  • Applicable codes of conduct and how to access them

  • Minimum contract duration in case of duration transactions

Article 5 – The Agreement

The contract is concluded upon the consumer's acceptance and fulfillment of the offer's conditions.

If accepted electronically, the entrepreneur confirms receipt immediately. Until confirmation is received, the consumer may cancel.

The entrepreneur ensures secure transmission of data and safe payment systems.

The entrepreneur may assess the consumer’s creditworthiness and reject the agreement with justification or impose special conditions.

The entrepreneur provides the consumer with:

  • Contact address

  • Instructions on withdrawal

  • Warranty and after-sales service info

  • Terms from Article 4(3)

  • Termination terms if the contract exceeds one year

Each agreement is concluded subject to product availability.

Article 6 – Right of Withdrawal

For products:
The consumer may withdraw from the contract within 14 days without giving a reason, starting from the day the product is received.

During the cooling-off period, the consumer must handle the product and packaging carefully. If withdrawing, the product must be returned complete and in original condition and packaging.

Withdrawal must be communicated within 14 days, preferably using the model form or via email. Return shipment must follow within 14 days after that.

If the consumer does not comply within the timelines, the purchase is final.

For services:
The consumer may cancel within 14 days after the contract is entered. Instructions must be followed as provided by the entrepreneur.

Article 7 – Costs in Case of Withdrawal

The consumer bears the cost of return shipping.

If payment was made, the entrepreneur refunds within 14 days, using the original payment method, provided the product has been returned or shipping proof has been provided.

If the product is damaged by the consumer, they may be held liable for reduced value.

No liability if the entrepreneur failed to inform the consumer of the right of withdrawal before purchase.

Article 8 – Exclusion of Right of Withdrawal

The entrepreneur may exclude the right of withdrawal for:

  • Custom-made products

  • Personal items

  • Perishable items

  • Financial market-tied price items

  • Newspapers or magazines

  • Audio/video/software with broken seal

  • Hygiene items with broken seal

Also excluded:

  • Hotel, transport, catering, or leisure services on a specific date

  • Services started with consent before the cooling-off period ended

  • Betting and lottery services

Article 9 – The Price

Prices remain unchanged during the offer period unless tax rates change.

The entrepreneur may vary prices tied to market fluctuations, as stated in the offer.

Price increases within 3 months after agreement only due to law.

After 3 months, allowed only if agreed and the consumer may cancel.

All prices include VAT and are not binding in case of obvious errors.

Article 10 – Conformity and Warranty

Products/services must meet the agreement, specifications, usability, and laws at the time of agreement.

Warranties from third parties do not diminish consumer rights.

Defects must be reported within 2 months.

Warranty equals the manufacturer’s warranty. The entrepreneur is not liable for suitability or external advice.

No warranty applies if:

  • The consumer altered the product

  • Mishandling or misuse occurred

  • Government regulations affect materials used

Article 11 – Delivery and Execution

The entrepreneur takes care during order processing and product delivery.

The delivery address is the one provided by the consumer.

Orders are delivered within 30 days unless otherwise agreed. Delays are reported within this period. The consumer may cancel at no cost if delays exceed this.

All delivery times are indicative. Delays do not entitle compensation.

If canceled, refund is made within 14 days.

If delivery is impossible, a substitute item may be offered. Notification must be clear. Substitutes can still be returned.

The entrepreneur bears the risk until delivery.

Article 12 – Duration Transactions: Termination and Renewal

Termination:

  • Indefinite contracts may be canceled anytime with up to 1-month notice.

  • Fixed-term contracts may be canceled at the end with up to 1-month notice.

  • Cancellation must be allowed in the same way the contract was entered.

Renewal:

  • Fixed-term contracts cannot be silently renewed unless:

    • Newspapers may be renewed for up to 3 months.

    • Indefinite extensions must allow cancellation at any time with 1-month notice.

    • Introductory subscriptions do not renew automatically.

Duration:

  • Contracts over 1 year may be canceled anytime after 1 year with 1-month notice, unless fairness dictates otherwise.

 

Article 13 – Payment

Unless otherwise agreed, payments must be made within 7 business days after the cooling-off period.

In service contracts, the term begins after confirmation is received.

Consumers must report any payment data errors immediately.

In case of non-payment, reasonable fees may be charged, if communicated in advance.

 

Article 14 – Complaints Procedure

The entrepreneur has a complaints process.

Complaints must be submitted within 2 months of issue identification.

Responses will be given within 14 days. Longer resolution times will be communicated.

Unresolved complaints become disputes.

Complaints must first be addressed to the entrepreneur. If unresolved, and if the store is a member of Stichting WebwinkelKeur, the consumer can contact them for free mediation.

If still unresolved, the independent disputes committee decision is binding.

Complaints can also be submitted via the EU ODR platform: http://ec.europa.eu/odr

Complaints do not suspend obligations unless stated in writing.

If upheld, products may be replaced or repaired free of charge.

 

Article 15 – Disputes

Only Dutch law applies to agreements under these terms, even if the consumer lives abroad.
The Vienna Sales Convention does not apply.

Article 16 – Additional or Deviating Provisions

Additional or deviating clauses must not be to the detriment of the consumer and must be recorded in writing or in a durable form accessible to the consumer.