Terms & conditions

In these terms and conditions, the following definitions apply:

1. Additional agreement: an agreement in which the consumer acquires products, digital content and/or services in connection with a distance contract, and these articles, digital content and/or services are supplied by the trader or by a third party under an agreement between said third party and the trader

2. Withdrawal period: the period in which the consumer can exercise the right of withdrawal

3. Consumer: any natural person who acts for purposes which are outside their trade, business, craft or profession

4. Day: calendar day

5. Digital content: data produced and supplied in digital form

6. Continuing performance contract: an agreement for the regular provision of goods, services and/or digital content for a specific period of time

7. Durable medium: any facility, including email, that allows the consumer or trader to store information personally addressed to them in a way that enables future consultation or use for a period determined based on the intended purpose of the information, as well as unaltered reproduction of the stored information

8. Right of withdrawal: the consumer’s option to cancel the distance contract within the withdrawal period

9. Trader: the natural person or legal entity that is a member of Thuiswinkel.org and offers products, digital content (including access to digital content) and/or services to consumers remotely

10. Distance contract: an agreement concluded between the trader and the consumer as part of an organised system for the distance selling of products, digital content and/or services, where, until conclusion of the agreement, one or more means of distance communication are used either exclusively or alongside other methods

11. Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions. It is not necessary to provide Annex I if the consumer does not have a right of withdrawal for their order

12. Means of distance communication: any means that may be used for the conclusion of an agreement, without the consumer and trader having to be in the same room at the same time.

Trader name: Poelman BV

Registered office and visitation address: Professor Asserweg 4, 5144 NC, Waalwijk

Contact:  +31 0416 568000 or info@poelmanbv.com
Hours: Monday till Friday, from 8:30 till 17:00

Chamber of Commerce number: 18085365

VAT ID number: NL817093904 B01

These general terms and conditions apply to any and all offers of the trader and to any and all distance contracts arising between the trader and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, then before conclusion of the distance contract, the consumer shall be informed that the general terms and conditions are available from the trader for inspection and shall be sent as quickly as possible and free of charge on request from the consumer.

If the distance contract is concluded electronically, then contrary to the preceding paragraph, before conclusion of the distance contract the text of these general terms and conditions shall be provided to the consumer electronically in a way that allows the consumer to store them easily on a durable medium. If this is not reasonably possible, then before conclusion of the distance contract, the consumer shall be informed of where to access the general terms and conditions electronically and that they shall be sent electronically or by another method, and free of charge, on request from the consumer.

If any special product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 shall apply accordingly and in the event of conflicting provisions, the consumer shall always be entitled to invoke the applicable provision that is more favourable to the consumer.

If an offer has a limited period of validity or is subject to specific conditions, the offer shall expressly state this.

The offer shall include a complete and accurate description of the products, digital content and/or services offered. The description shall be of adequate detail to enable the consumer to assess the offer properly. If the trader uses images, these shall be faithful depictions of the products, digital content and/or services offered. Any obvious errors or mistakes in the offer shall not be binding on the trader.

Every offer shall contain adequate information so the rights and obligations associated with acceptance of the offer are clear to the consumer.

Barring the provisions of paragraph 4, the agreement is concluded when the consumer accepts the offer and meets the associated conditions.

If the consumer accepts the offer electronically, the trader shall immediately send electronic confirmation of receipt of this offer acceptance. Until the trader confirms receipt of this acceptance, the consumer shall be entitled to cancel the agreement.
If the agreement is concluded electronically, the trader shall take appropriate technical and organisational measures to protect the electronic transfer of data and ensure a secure online environment. If the consumer can pay electronically, the trader shall take the appropriate security measures.

The trader shall be entitled, within the framework of the law, to gather information on the capacity of the consumer to meet their payment obligations, as well as on the facts and circumstances of interest to responsible conclusion of the distance contract. If this investigation uncovers grounds for the trader not to enter into the agreement, the trader shall be entitled to refuse an order or request or make it subject to special conditions, with indication of the reasons why.

At the time delivery of the product, service or digital content, the trader shall provide the consumer with the following, in writing or in an accessible way that enables the consumer to store it on a durable medium:
a) the visitation address of the office of the trader where the consumer can submit complaints;
b) the conditions on and method for exercise of the right of withdrawal by the consumer, or a clear notice that the right of withdrawal does not apply;
c) information on warranties and the available after-sales service;
d) the price, including all taxes, of the product, service or digital content; where applicable, the delivery costs; and the method of payment or delivery or the method of performance of the distance contract;
e) the requirements on cancellation of the agreement if it has a term of over one year or has an indefinite term;
f) if the consumer has a right of withdrawal, the model withdrawal form.

In the case of a continuing performance contract, the provision in the preceding paragraph only applies to the initial delivery.

For products:

The consumer may cancel an agreement for the purchase of a product during a 14-day withdrawal period, without indicating the reasons why. The trader may ask the consumer their reason(s) for withdrawal, but cannot require them to provide these reason(s).

The withdrawal period as per paragraph 1 shall start on the day after the consumer, or a third party designated by the consumer, other than the carrier, receives the product, or:
a) if the consumer orders multiple products in the same order: the day on which the consumer, or their designated third party, receives the last product. The trader may refuse a multi-product order with different delivery times, provided the
trader clearly informs the consumer of this before the ordering process.
b) if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or their designated third-party, receives the last shipment or the last part;
c) for agreements for regular delivery of products over a specified period of time: the day on which the consumer, or their designated third party, receives the first product. 

For provision of services and digital content not supplied on a tangible medium:

The consumer may cancel a service agreement and an agreement for digital content that is not supplied on a tangible medium for at least 14 days without indication of the reasons why. The trader may ask the consumer their reason(s) for withdrawal, but cannot require them to provide these reason(s).

The withdrawal period referred to in paragraph 3 shall start on the day after conclusion of the agreement.

Extended withdrawal period for products, services and digital content not supplied on a tangible medium in cases of failure to provide notice of the right of withdrawal:

If the trader fails to provide the consumer with the statutory information on the right of withdrawal or the model withdrawal form, the withdrawal period shall end 12 months after the end of the original withdrawal period as per the preceding paragraphs of this article.

If the trader provides the consumer with the notice referred to in the preceding paragraph within 12 months after the start date of the original withdrawal period, the withdrawal period shall end 100 days after the day on which the consumer receives this notice.

The consumer shall treat the product and packaging with care during the withdrawal period. They shall only unpackage or use the product to the extent necessary to establish its nature, characteristics and functioning. The basic principle here is that the consumer is only permitted to use and inspect the product as would be permitted in a shop.

The consumer is only liable for depreciation of the product due to handling the product beyond what is permitted in paragraph 1.

The consumer is not liable for depreciation of the product if the trader failed to provide the consumer with all statutory information on the right of withdrawal before or during conclusion of the agreement.

If the consumer uses their right of withdrawal, they shall report this to the trader within the withdrawal period using the model withdrawal form or by another unambiguous method.

The consumer shall send the product back or hand it over to the trader (or an authorised representative of the trader) as quickly as possible, and in any case within the timeframe set out in Article 6, from the day after the notification referred to in paragraph 1. This is not necessary if the trader offers to pick up the product. In any case, the consumer shall be deemed to have observed the return period if they send the product back before the end of the withdrawal period.

The consumer shall send the product back with all the accessories it came with, where reasonably possible in its original condition and packaging, and in accordance with the clear and reasonable instructions from the trader.

The consumer bears the risk and the burden of proof for proper and timely exercise of the right of withdrawal.

The consumer shall cover the direct costs of return shipment of the product. If the trader has not informed the consumer that the latter must cover these costs or if the trader offers to cover these costs, the consumer shall not be required to cover the costs of return shipment.

If the consumer withdraws after first expressly requesting the start of the performance of the service or the supply of gas, water or electricity that has not been made ready for sale in a limited volume or specified quantity, during the withdrawal period, the consumer shall owe the trader an amount prorated to the portion of the obligation that the trader had performed by the time of withdrawal, in comparison to full performance of the obligation.

The consumer shall not cover the costs of performance of services or the supply of water, gas or electricity that has not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
a) the trader failed to provide the consumer with the statutory information on the right of withdrawal, reimbursement of withdrawal costs or the model withdrawal form; or
b) the consumer did not expressly request the start of performance of the service or supply of the gas, water, electricity or district heating during the withdrawal period.

The consumer shall not bear any costs for complete or partial supply of digital content not supplied on a tangible medium, if:
a) before it is supplied, the consumer did not expressly consent to the start of performance of the agreement before the end of the withdrawal period;
b) the consumer did not acknowledge loss of their right of withdrawal when granting their permission; or
c) the trader failed to confirm receipt of this statement from the consumer.

If the consumer uses their right of withdrawal, all additional agreements shall be automatically canceled.

If the trader enables electronic notice of withdrawal from the consumer, the trader shall send an immediate confirmation of receipt of this notice.

The trader shall refund all payments from the consumer, including any delivery costs that the trader charged for the returned product, immediately, and in any case within 14 days after the day on which the consumer submitted notice of withdrawal. Unless the trader offers to pick up the product, the trader may withhold the refund until receipt of the product or until the consumer demonstrates return shipment of the product, whichever occurs first.

For the refund, the trader shall use the same payment method that the consumer used, unless the consumer agrees to another method. The refund shall be free of charge to the consumer.

If the consumer opts for a method of delivery that is more expensive than the cheapest standard delivery method, the trader shall not be required to repay the additional costs for the more expensive method.

The trader may exclude the following products and services from the right of withdrawal, but only if the trader indicates this clearly in the offer, and in any case in a timely manner before conclusion of the agreement:

Product or services whose price is subject to fluctuations on the financial markets over which the trader has no control and which may occur within the withdrawal period

Agreements concluded during a public auction. The term ‘public auction’ means a method of sale where the trader offers products, digital content and/or services to the consumer, who is personally present or has the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obligated to purchase the products, digital content and/or services

Service agreements, after full performance of the service, but only if: a) performance began with the consumer’s express prior consent; and b) the consumer has acknowledged that they have lost the right of withdrawal once the trader has performed the agreement in full

Package tours as referred to in Article 7:500 of the Dutch Civil Code (the ‘BW’) and passenger transport agreements

Service agreements for the provision of accommodations, if the agreement gives a specific date or period of performance, other than for residential purposes, transport of goods, car rental services or catering

Agreements related to leisure activities, if the agreement provides for a specific date or period of performance

Goods made to the consumer’s specifications, which are non-prefabricated and made on the basis of an individual choice of or decision by the consumer, or that are clearly personalised

Products that spoil quickly or have limited shelf life

Sealed products that are unsuitable for return due to health or hygiene concerns or that were unsealed after delivery

Products which are, after delivery, according to their nature, inseparably mixed with other items

Alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the agreement, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader

Sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery

Newspapers, journals or magazines, with the exception of subscriptions to these

Supply of digital content which is not supplied on a tangible medium, but only if:
a) performance began with the consumer’s express prior consent; and
b) the consumer has acknowledged that they have therefore lost the right of withdrawal.

During the period of validity indicated in the offer, the prices of the products and/or services offered shall not increase, barring changes in prices due to changes in VAT rates.

Contrary to the preceding paragraph, the trader may offer variable prices for products or services whose price is dependent on fluctuations in the financial market which cannot be controlled by the trader. The offer shall indicate this dependence on fluctuations and the fact that any prices quoted are merely reference prices.

Price increases within 3 months after conclusion of the agreement are only permitted if they are due to statutory rules or regulations.

Price increases from 3 months after conclusion of the agreement are only permitted if the trader has stipulated this and:
a) the price increase is due to statutory rules or regulations; or
b) the consumer is entitled to cancel the agreement from the day on which the price increase takes effect.

The prices given in the product or service offer are inclusive of VAT.

The trader guarantees that the products and/or services are in accordance with the agreement, the specifications in the offer, the reasonable requirements of suitability and/or usability and the provisions of the law and/or government regulations applicable on the date of conclusion of the agreement. Where such is agreed, the trader also guarantees that the product is suitable for use beyond its normal use.

Any additional warranty extended by the trader, their supplier, manufacturer or importer shall never limit the statutory rights and claims that the consumer may assert against the trader under the agreement if the trader fails to perform their part of the agreement in full.

Here, ‘additional warranty’ means any obligation on the trader, their supplier, manufacturer, importer or producer that grants specific rights or claims to the consumer that go beyond the statutory obligations on the trader in the event of failure to perform their part of the agreement in full.

The trader shall take the utmost care in the acceptance and performance of orders for products and in assessing requests for services.

The delivery address shall be the address that the consumer indicates to the trader.

In accordance with the relevant provisions of Article 4 of these general terms and conditions, the trader shall process accepted orders with due speed, and in any case within 30 days, unless a different delivery timeframe is agreed. If the delivery incurs a delay, or if an order cannot be processed in full, the consumer shall be notified of this within 30 days after order placement. In such cases, the consumer is entitled to cancel the agreement at no charge and receive any applicable compensation for damages.

After cancellation as per the preceding paragraph, the trader shall immediately refund the amount paid by the consumer.

The trader bears the risk of product damage and/or loss until the time of delivery to the consumer or to a designated representative made known to the trader in advance, unless expressly agreed otherwise.

Cancellation:

The consumer may cancel an agreement concluded for an indefinite term for the regular provision of products (including electricity) or services at any time, in accordance with the agreed cancellation rules and with a period of notice of no more than one month.

The consumer may cancel an agreement concluded for a limited term for the regular provision of products (including electricity) or services at any time as of the end of the specified term, in accordance with the agreed cancellation rules and with a period of notice of no more than one month.

The consumer may cancel the agreements referred to in the preceding paragraphs:
a) at any time, without limitation to particular points in time or periods of time;
b) at least by the same means as those used to conclude the agreement;
c) at any time with the same period of notice as the trader stipulated for themself. 

Renewal:

An agreement concluded for a limited term for regular provision of products (including electricity) or services shall not be automatically extended or renewed for a limited term.

Contrary to the preceding paragraph, an agreement concluded for a limited term for regular delivery of daily or weekly newspapers and/or magazines may be automatically renewed for a limited term of up to three months if the consumer can cancel this renewed agreement as of the end of the new term with a period of notice of no more than one month.

An agreement concluded for a limited term for regular provision of products or services shall only be automatically renewed for an indefinite term if the consumer can cancel it at any time with a period of notice of no more than one month. The period of notice shall be no more than three months for an agreement for regular, but less frequent than once a month, delivery of daily or weekly newspapers or magazines.

An agreement with a limited term for the regular introductory delivery of daily or weekly newspapers or magazines (trial or introductory subscriptions) shall not be automatically extended and shall automatically end after the end of the trial or introductory period.

Term:

If an agreement has a term of over one year, the consumer may cancel the agreement after a year at any time with a period of notice of no more than one month, unless cancellation before the end of the agreed term is contrary to the principles of reasonableness and fairness.

Unless stipulated otherwise in the agreement or additional terms and conditions, the consumer shall pay the amounts owing within 14 days after the start of the withdrawal period, or in the absence of a withdrawal period, within 14 days after conclusion of the agreement. In the case of an agreement to provide a service, this timeframe starts on the day after the consumer receives confirmation of the agreement.

In cases of product sales to consumers, general terms and conditions shall never require the consumer to pay more than 50% in advance. If payment in advance is stipulated, the consumer cannot assert any claims regarding performance of the order or service(s) in question until completion of the stipulated advance payment.

The consumer is obligated to report any inaccuracies in the indicated payment details to the trader immediately.

If the consumer fails to meet their payment obligations on time, including after the trader issues a payment reminder and offers the consumer an additional period of 14 days to meet the payment obligations, the consumer shall owe interest at the statutory rate on the outstanding amount and the trader shall be entitled to charge the consumer for the extralegal collection fees incurred. These collection fees shall not exceed: 15% of the outstanding amounts up to €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 the indicated amounts and rates to the benefit of the consumer.

The trader shall have a well-publicised complaints procedure and shall process complaints in accordance with this procedure.

Complaints on the performance of the agreement must be submitted to the trader with clear and complete descriptions in a timely manner after the consumer notices the shortcomings.

The trader shall respond to submitted complaints within 14 days after the date of receipt. If a complaint is expected to take longer to process than this, the trader shall respond within the 14-day period with a confirmation of receipt and indication of when the consumer can expect a more detailed response.