General Terms and Conditions
General Terms & Conditions – TubeDirect BV (EU Version)
Article 1 - Definitions
Article 2 - TubeDirect BV’s identity
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Consumer’s obligations during the reflection period
Article 8 - Exercising the Consumer’s right of withdrawal and the costs
Article 9 - Entrepreneur’s obligation in case of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Compliance and extra guaranty
Article 13 - Delivery and execution
Article 14 - Continuing performance contract: duration, termination and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Sector guarantee
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 TubeDirect BV or a third party on the basis of an arrangement between this third party and TubeDirect BV;
2. Reflection period: the period during which the Consumer may use his right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;
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 TubeDirect BV 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 possible.
8. Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period;
9. Entrepreneur: the natural of legal person who is a member of Stichting Webshop Keurmerk and who provides products, (access to) digital content and or services to Consumers at a distance;
10. Distance contract: a contract concluded by TubeDirect BV and the Consumer within the scope of an organised system for distance selling 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 included in Appendix 1;
12. Technology for distance communication: a means to be used for concluding an agreement without the Consumer and TubeDirect BV being together in the same place at the same time.
Article 2 – TubeDirect BV’s identity
Chamber of Commerce number: 67304249
VAT identification number: 856921786B01
Article 3 – Applicability
1. These General Terms and Conditions apply to any offer from TubeDirect BV and to any distance contract concluded by us and the Consumer within the European Union.
2. Before concluding a distance contract, TubeDirect BV will make the text of these General Terms and Conditions available free of charge. If this is reasonably impossible, TubeDirect BV will 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 condition 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 favourable to him/her.
Article 4 – The offer
1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
2. The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable the Consumer to assess the products, or services and/or digital content adequately. If TubeDirect BV 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 TubeDirect BV.
3. All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.
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, TubeDirect BV 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, TubeDirect BV will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, TubeDirect BV shall observe appropriate security measures.
4. TubeDirect BV may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, TubeDirect BV 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.
5. Before delivering the product, TubeDirect BV shall send the following information along with the product, the service or the digital content in writing or in such manner that the Consumer can store it in an accessible manner on a long-term data carrier:
a. the visiting address of TubeDirect BV´s business establishment where the Consumer may get into contact with any complaints;>
b. the conditions on which and the manner in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about his being exempted from the right of withdrawal;
c. the information corresponding to existing after-sales services and guarantees;
d. The price including all taxes of the product, service or digital content, where applicable the delivery costs and the way of payment, delivery or implementation of the distance contract;
e. the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.
f. the standard form for withdrawal if the Consumer has the right of withdrawal.
6. In case of a continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal
In case of products:
1. The Consumer can repudiate a purchase contract for a product without giving reasons for a period of reflection of at least 14 days. TubeDirect BV 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
a. 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. TubeDirect BV may refuse an order of several products with different delivery dates provided that he clearly informs the Consumer prior to the order process.
b. 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.
c. 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.
3. If TubeDirect BV has not provided the Consumer with the legally required information about the right of withdrawal or has not provided the standard form for withdrawal, the reflection period expires twelve months after the end of the original reflection period in accordance with the reflection period determined in the previous sub-clauses of this Article.
6. If TubeDirect BV provided the Consumer with the information referred to in the previous article within twelve months after the starting day of the original period of reflection, the period of reflection expires 14 day after the day on which the Consumer received the information.
Article 7 – Consumer’s obligations during the time of reflection
1. During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of the product. The guiding principle is that the Consumer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.
2. The Consumer is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than allowed in sub-section 1.
3. The Consumer is not liable for the decrease in value of the product if TubeDirect BV has not provided him with all legal information about the right of withdrawal before concluding the Agreement.
Article 8 – Exercising the Consumer’s right of withdrawal and the costs
1. If the Consumer exercises his right of withdrawal he shall notify TubeDirect BV unambiguously with the standard form for withdrawal within the period of reflection.
2. The Consumer shall return the product or deliver it to (the authorized representative of) TubeDirect BV as soon as possible but within 14 days counting from the day referred to in sub-clause 2. This need not be done if TubeDirect BV offered to collect the product himself. The Consumer observed the period of returning the product in any event if the product is returned before the expiration of the period of reflection.
3. The Consumer shall return the product with all delivered accessories and in the original state and packing and in conformity with reasonable and clear instructions given by TubeDirect BV.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Consumer.
5. The Consumer shall bear the direct costs of returning the product. If TubeDirect BV has not reported that the Consumer has to bear these costs or if TubeDirect BV pointed out that he will bear the costs himself, the Consumer need not pay the cost of returning the product.
6. If the Consumer exercises his right of withdrawal, all additional agreements end by operation of law.
Article 9 – Entrepreneur’s obligations in case of withdrawal
1. If TubeDirect BV makes the notification of withdrawal by electronic means possible, he shall promptly send a return receipt.
2. TubeDirect BV shall reimburse all payments made by the Consumer, including any reasonable delivery costs that the Consumer may charge for the returned product, as soon as possible but within 14 days following the day on which the Consumer notified him of the withdrawal. Unless TubeDirect BV offers to collect the product himself, he can wait with paying back until having received the product or until the Consumer proved that he returned the product, whichever occurs first.
3. TubeDirect BV shall make use of the same means of payment that the Consumer used, unless the Consumer consents to another method. The reimbursement is free of charge for the Consumer.
4. If the Consumer opted for a more expensive method of delivery instead of the cheapest standard delivery, TubeDirect BV need not reimburse the additional costs for the more expensive method.
Article 10 - Exclusion of the right of withdrawal
TubeDirect BV can exclude the following products and services from the right of withdrawal but only if TubeDirect BV notified this clearly when making the offer or at any rate in good time before concluding the agreement:
1. Products or services with a price that is subject to fluctuations in the financial market on which TubeDirect BV has no influence and which may occur within the period of withdrawal;
2. Agreements that are concluded during a public auction. A public auction is defined as a selling method whereby TubeDirect BV offers products, digital content and/or services to the Consumer who is personally present or has the possibility to be personally present at the auction under the direction of an auctioneer and whereby the successful bidder is obliged to purchase the products, the digital content and/or the services.
3. Products manufactured in accordance with the Consumer’s specifications which are not prefabricated and which are produced on the basis of a Consumer’s individual choice or decision or which are intended for a specific person;
7. Products which for their nature are irreversibly mixed with other products;
8. Sealed audio and video recordings and computer programs of which the seals were broken after delivery;
9. Newspapers, periodicals or magazines, with the exception of subscriptions to them;
10. Used or vintage products with a designated status ‘as is’.
Article 11 - The price
1. The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT rates.
2. Contrary to the previous paragraph, TubeDirect BV may offer products or services whose prices are subject to fluctuations in the financial market that are beyond TubeDirect BV’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
3. Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.
4. Price increases from 3 months after concluding the contract are permitted only if TubeDirect BV has stipulated it and
a. they are the result of legal regulations or stipulations, or
b. the Consumer has the authority to cancel the contract before the day on which the price increase starts.
5. All prices indicated in the provision of products or services are including VAT.
Article 12 – Performance of an agreement and extra Guarantee
1. TubeDirect BV 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, TubeDirect BV also guarantees that the product is suitable for other than normal use.
2. An extra guarantee offered by TubeDirect BV, his Supplier, Manufacturer or Importer shall never affect the rights and claims the Consumer may exercise against TubeDirect BV about a failure in the fulfilment of TubeDirect BV’s obligations if TubeDirect BV has failed in the fulfilment of his part of the agreement.
3. ‘Extra guarantee’ is taken to mean each obligation by TubeDirect BV, 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 13 – Delivery and execution
1. TubeDirect BV shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.
2. The place of delivery is at the address given by the Consumer to TubeDirect BV.
3. With due observance of the stipulations in Article 4 of these General Terms and Conditions, TubeDirect BV shall execute accepted orders with convenient speed but at least within 30 days, unless another longer 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 and with the right to possible compensation.
4. After repudiation in conformity with the preceding paragraph, TubeDirect BV shall return the payment made by the Consumer promptly but at least within 30 days after repudiation.
5. The risk of loss and/or damage to products will be borne by TubeDirect BV until the time of delivery to the Consumer or a representative appointed in advance and made known to the Consumer, unless explicitly agreed otherwise.
Article 14 – Payment
1. 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.
2. 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.
3. The Consumer has the duty to inform TubeDirect BV promptly of possible inaccuracies in the payment details that were given or specified.
4. In case the Consumer has not complied with his payment obligation(s) in time, and TubeDirect BV 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 payable and TubeDirect BV 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. TubeDirect BV may deviate from the aforementioned amounts and percentages in favour of the Consumer.
Article 15 – Complaints procedure
1. TubeDirect BV shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure.
2. Complaints about the performance of the contract shall be submitted fully and clearly described to TubeDirect BV within a reasonable time after the Consumer discovered the defects
3. The complaints submitted to TubeDirect BV shall be replied within a period of 14 days after the date of receipt. Should a complaint require a foreseeable longer time for handling, TubeDirect BV shall respond within 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.
Article 16 - Disputes
Contracts between TubeDirect BV and the Consumer to which these General Terms and Conditions apply, are exclusively governed by Dutch law.
Article 17 - Additional provisions or derogations
Additional provisions of and/or derogations from these General Terms and Conditions should not be to the Consumer’s detriment and must be put in writing or recorded in such a way that the Consumer can store them in an accessible manner on a long-term data carrier.
Appendix I: Standard form for withdrawal
Standard Form for Withdrawal within the fourteen days rflection period
Complete this form and return it only when you want to revoke the agreement
9712 TR Groningen
I hereby inform you that I wish to revoke our agreement on the sale of the following products:
Ordered on: . . - . . - . . . . and received on: . . - . . - . . . .
Your full name:
Reason (as stated you’re not obliged to give a reason for returning the products in the reflection period):
Date: . . - . . - . . . .