Terms & Conditions

CONTENTS

Article 1 – Definitions
Article 2 – The Entrepreneur’s identity
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Exercising the Consumer’s right of withdrawal
Article 8 – Entrepreneur’s obligation in case of withdrawal
Article 9 – Exclusion of the right of withdrawal
Article 10 – The price
Article 11 – Compliance and extra guaranty
Article 12 – Delivery and execution
Article 13 – Continuing performance contract: duration, termination and extension
Article 14 – Payment
Article 15 – Complaints procedure
Article 16 – Disputes
Article 17 – Additional or varying provisions
Article 18 – Amendment to the General Terms and Conditions

Article 1 – Definitions In these Terms and Conditions, the following terms shall have the following meanings: 

  1. Additional agreement: an agreement in which the Consumer acquires products, digital content and/or services with respect to a distance agreement and these goods, digital content and/or services are delivered by the Entrepreneur or a third party on the basis of an arrangement between this third party and the Entrepreneur;
  2. Reflection period: the period during which the Consumer may use his right of withdrawal;
  3. Consumer: the natural person who buys or rents products, digital content or services from the Entrepreneur;
  4. Day: calendar day;
  5. Digital content: data produced and delivered in digital form;
  6. Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period;
  7. Sustainable data carrier: any means, including email, that allow the Consumer or the Entrepreneur to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information
  8. Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period;
  9. Entrepreneur: the natural or legal person who provides products, (access to) digital content and or services to Consumers at a distance;
  10. Distance contract: a contract concluded by the Entrepreneur and the Consumer within the framework of an organized system for distance selling or renting out products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;
  11. Standard form for withdrawal: the European standard form for withdrawal;
  12. Technology for distance communication: a means to be used for concluding an agreement without the Consumer and the Entrepreneur being together in the same place at the same time.

Article 2 – The Entrepreneur’s identity 

SW E-Commerce
Genroyhof 2
6095ED Baexem
The Netherlands

info.swecommerce@gmail.com

Chamber of Commerce number: 75455307
EU VAT number: NL002400768B08

Article 3 – Applicability 

  1. These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the Consumer.
  2. Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, the Entrepreneur shall indicate in what way the General Terms and conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is concluded.
  3. If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long-term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that they will be sent to at the Consumer´s request free of charge, either via electronic means or otherwise, before concluding the distance contract;
  4. In the event that specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the Consumer may always appeal to the applicable provision that is most favorable to him/her.

Article 4 – The offer 

  1. If an offer is of limited duration, it shall be explicitly stated in the offer.
  2. The offer contains an accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable the Consumer to assess the products, digital content and/or services adequately. If the Entrepreneur makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer do not bind the Entrepreneur.
  3. Accepting an offer does not give the Consumer ownership of any kind, it merely grants access and permission to use the digital content as offered in the plan and / or arranged for the Consumer for as long as the contract between the Entrepreneur and Consumer remains valid. This includes the use of domain names. All ownership rights remain with the Entrepreneur at all times. 
  4. By accepting the offer the Consumer agrees to take reasonable use of the (digital) services offered by the Entrepreneur. The Consumer agrees to be bound to a maximum web space of 500 MB. If the Consumer exceeds this amount, the Entrepreneur shall notify the Consumer of this. If the Consumer does not correct their web space usage within 14 days, the Entrepreneur may delete excess files himself until the total web space is under the 500 MB quota again.
  5. By accepting the offer the Consumer agrees to bear all responsibility for actions taken upon, damages or losses in connection with the use of our (digital) content, services or products. The Consumer acknowledges that the Entrepreneur is not in any way responsible or liable for the consequences related to any actions taken (or not taken) in regards to the use of the (digital) service.

Article 5 – The contract 

  1. Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
  2. If the Consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.
  3. If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organizational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures.
  4. The Entrepreneur may, within the limits of the law, gather information about Consumer’s ability to fulfill his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.

Article 6 – Right of withdrawal

In case of products: 

  1. The Consumer can repudiate a purchase contract for a product without giving reasons during a reflection period of 14 days. The Entrepreneur may ask the Consumer about the reason for the withdrawal but cannot force him to state his reason(s).
  2. The reflection period referred to in sub-clause 1 starts on the day the product is received by the Consumer or by a third party appointed by him in advance and who is not the carrier, or 
    1. if the Consumer ordered several products in the same order: the day on which the Consumer or a third party appointed by him received the last product. The Entrepreneur may refuse an order of several products with different delivery dates provided that he clearly informs the Consumer prior to the order process.
    2. in case the delivery of a product consists of several batches or parts: the day on which the Consumer or a third party appointed by him received the last batch or the last part.
    3. in case of an agreement about regular delivery of products during a given period: the day on which the Consumer or a third party appointed by him received the first product.

In case of services and digital content that is not delivered on a physical carrier: 

  1. The Consumer can terminate an agreement for services or an agreement for delivery of digital content that is not delivered on a physical carrier without giving reasons during a reflection period of 14 days. The Entrepreneur may ask the Consumer about the reason for the withdrawal but cannot force him to state his reason(s).
  2. The reflection period referred to in Article 3 starts on the day following the conclusion of the agreement.

Article 7 – Exercising the Consumer’s right of withdrawal 

  1. If the Consumer exercises his right of withdrawal he shall notify the Entrepreneur unambiguously with the standard form for withdrawal within the period of reflection.
  2. If the Consumer exercises his right of withdrawal, all additional agreements end by operation of law.

Article 8 – Entrepreneur’s obligations in case of withdrawal 

  1. If the Entrepreneur makes the notification of withdrawal by electronic means possible, he shall promptly send a return receipt.
  2. The Entrepreneur shall reimburse payments made by the Consumer as soon as possible but within 14 days following the day on which the Consumer notified him of the withdrawal. 
  3. The reimbursement is free of charge for the Consumer.

Article 9 – Exclusion of the right of withdrawal

The Entrepreneur can exclude the following products and services from the right of withdrawal:

  1. Digital content manufactured in accordance with the Consumer’s specifications which is not prefabricated and which is produced on the basis of a Consumer’s individual choice or decision or which is intended for a specific person / business.

Article 10 – The price 

  1. The prices of the products and/or services provided shall not be raised during the validity period given in the offer, unless subject to changes in VAT rates.
  2. Price increases within 3 months after concluding the contract are only permitted if they are the result of new legislation.
  3. Price increases from 3 months after concluding the contract are permitted only if 
    1. the initial price was explicitly indicated as discount price at the time of concluding the contract
    2. they are the result of legal regulations or stipulations
    3. the Consumer has the authority to cancel the contract before the day on which the price increase starts.

Article 11 – Performance of an agreement and extra Guarantee 

  1. The Entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded. If agreed, the Entrepreneur also guarantees that the product is suitable for other than normal use.
  2. An extra guarantee offered by the Entrepreneur, his Supplier, Manufacturer or Importer shall never affect the rights and claims the Consumer may exercise against the Entrepreneur about a failure in the fulfillment of the Entrepreneur’s obligations if the Entrepreneur has failed in the fulfillment of his part of the agreement.
  3. ‘Extra guarantee’ is taken to mean each obligation by the Entrepreneur, his Supplier, Importer or Manufacturer in whom he assigns certain rights or claims to the Consumer that go further than he is legally required in case he fails in the compliance with his part of the agreement.

Article 12 – Delivery and execution 

  1. The Entrepreneur shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.
  2. With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders with within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge.
  3. After repudiation in conformity with the preceding paragraph, the Entrepreneur shall return the payment made by the Consumer within 30 days after repudiation.

Article 13 – Continuing performance agreements: duration, termination and renewal

Termination 

  1. The Consumer may at all times terminate a contract that was concluded for an indefinite time and which extends to the regular delivery of products or services, with due observance of the termination rules and subject to not more than one month’s notice.
  2. The Consumer may at all times terminate a contract that was concluded for a specific time and which extends to the regular delivery of products or services at the end of the specific period, with due observance of the termination rules and subject to not more than one month’s notice.
  3. If the customer wishes to exercise his right to terminate a contract as described in the preceding paragraphs he shall notify the Entrepreneur unambiguously by e-mail or with the standard termination form.

Extension 

  1. An agreement concluded for a definite period and which extends to the regular delivery of products, digital content or services may not be automatically extended or renewed for a fixed period.
  2. An agreement concluded for a definite period and which extends to the regular delivery of products, digital content or services may only be extended tacitly for an indefinite period if the Consumer can cancel it at any time with a notice of one month. 

Duration 

  1. If the duration of a contract is more than one year, the Consumer may terminate the contract at any time after one year with a notice of not more than one month.

Article 14 – Payment

  1. By accepting these terms the Consumer agrees to authorize the Entrepreneur to automatically collect payments from the Consumer in case of subscription renewals extended for an indefinite period if the Consumer can cancel it at any time with a notice of one month.
  2. Unless otherwise stipulated in the agreement or in the additional conditions, the amounts to be paid by the Consumer must be settled within 14 days after the period of reflection, or if there is no period of reflection within 14 days after concluding the agreement. In case of an agreement to provide a service, this period starts on the day that the Consumer received the confirmation of the agreement.
  3. When selling products to Consumers, it is not permitted to negotiate an advance payment of more than 50% in the General Terms and Conditions. If an advance payment was agreed, the Consumer may not assert any right regarding the execution of the order in question or the service(s) in question before making the agreed advance payment.
  4. The Consumer has the duty to inform the Entrepreneur promptly of possible inaccuracies in the payment details that were given or specified.
  5. In case the Consumer has not complied with his payment obligation(s) in time, and the Entrepreneur has pointed out to him that the payment was late and allowed the Consumer a period of 14 days to comply with the payment obligations, the Consumer is to pay the statutory interest on the amount due and the Entrepreneur is entitled to charge the Consumer with any extrajudicial collection costs. These extrajudicial collection costs amount to no more than 15% for outstanding amounts up to € 2,500, 10% for the following € 2,500 and 5% for the following € 5000, with a minimum of € 40. The Entrepreneur may deviate from the aforementioned amounts and percentages in favor of the Consumer.

Article 15 – Complaints procedure 

  1. Complaints about the execution of the agreement must be submitted fully and clearly described to the Entrepreneur within a reasonable time after the Consumer has discovered the defects.
  2. 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 notice of receipt and an indication when the Consumer can expect a more detailed answer.

Article 16 – Disputes 

  1. Only Dutch law applies to agreements between the Entrepreneur and the Consumer to which these general terms and conditions apply. Even if the Consumer lives abroad.
  2. The Vienna Sales Convention does not apply.

Article 17 – Additional or different provisions

Additional provisions or deviating from these 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 manner on a durable medium.

Article 18 – Modification of the general terms and conditions 

Amendments to these terms and conditions shall only take effect after they have been published in the appropriate manner, on the understanding that in the case of applicable changes during the term of an offer the most favorable provision for the Consumer will prevail.