Terms of service

Article 1 – Distance Selling System

The entrepreneur organizes a system for remote sale of products and/or services, in which, up until the conclusion of the agreement, one or more techniques for remote communication are exclusively used.

Technique for remote communication: A means that can be used to conclude an agreement, without the consumer and entrepreneur being physically present in the same location.

Article 2 – Entrepreneur's Identity

Entrepreneur’s Name: D. Kruithof & O. Geserick

Business Address: Kolkstraat 13, 3861AK, Nijkerk

Phone number and hours during which the entrepreneur can be reached by phone: 0630584208, available Monday to Friday between 09:00 and 17:00

Email address: info@gruttodesign.com

Chamber of Commerce number: 78247225

Article 3 – Applicability

These terms and conditions apply to every offer from the entrepreneur and every agreement concluded remotely between the entrepreneur and the consumer. Before the remote agreement is concluded, the text of these terms and conditions will be made available to the consumer. If this is reasonably impossible, it will be indicated before the remote agreement is concluded that the terms and conditions can be viewed at the entrepreneur’s location and will be sent to the consumer free of charge upon request. If the remote agreement is concluded electronically, the text of these terms and conditions can, contrary to the previous section, be made available to the consumer electronically before the remote agreement is concluded in such a way that the consumer can store it easily on a durable data carrier. If this is reasonably impossible, it will be indicated before the agreement is concluded where the terms and conditions can be accessed electronically, and that they will be sent free of charge to the consumer electronically or in another manner upon request. In the case that specific product or service terms and conditions also apply in addition to these general terms, the second and third sections of this article apply accordingly, and the consumer may always rely on the applicable provision that is most favorable to them in case of conflicting terms.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer. The offer includes a complete and accurate description of the products and/or services offered. The description is detailed enough to allow the consumer to make an informed assessment of the offer. If the entrepreneur uses images, these will be a true representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur. Each offer includes information that makes it clear what rights and obligations are associated with accepting the offer, particularly:

The price including taxes;
Any delivery charges;
The method by which the agreement will be concluded and which actions are required for this;
Whether or not the right of withdrawal applies;
The payment, delivery, and execution methods for the agreement;
The acceptance period for the offer, or the period within which the entrepreneur guarantees the price;
The communication charges for remote communication, if they are calculated based on something other than the regular base rate for the communication method used;
Whether the agreement will be archived after it is concluded, and if so, how it can be consulted by the consumer;
How the consumer can check and correct the data provided before concluding the agreement;
The possible other languages in which the agreement can be concluded, in addition to Dutch;
The codes of conduct the entrepreneur adheres to and how the consumer can access these codes electronically;
The minimum duration of the remote agreement in the case of long-term transactions.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of section 4, at the moment the consumer accepts the offer and meets any conditions attached to it. If the consumer accepts the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance electronically. As long as the entrepreneur has not confirmed the receipt of the acceptance, the consumer can cancel the agreement. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure online environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures. The entrepreneur may, within legal limits, check whether the consumer can meet their payment obligations and investigate any factors relevant to responsibly entering into the remote agreement. If, based on this research, the entrepreneur has good reason to refuse the agreement, they are entitled to refuse an order or request, or impose special conditions on its execution. The entrepreneur will provide the following information in writing or in such a manner that it can be stored in an accessible way on a durable data carrier:

The business address of the entrepreneur where the consumer can direct complaints;
The conditions under which and the method by which the consumer can use the right of withdrawal or a clear notice regarding the exclusion of the right of withdrawal;
Information on guarantees and after-purchase services;
The information listed in article 4, section 3, unless the entrepreneur has already provided this information before the agreement was executed;
The conditions for terminating the agreement if the agreement lasts more than one year or is of indefinite duration. In the case of a long-term transaction, the provision in the previous section only applies to the first delivery.

Article 6 – Right of Withdrawal

For the delivery of products:

When purchasing products, the consumer has the right to terminate the agreement without giving reasons within 14 days. This cooling-off period begins the day after the consumer receives the product or a representative designated by the consumer. During the cooling-off period, the consumer will handle the product and packaging with care. They will unpack or use the product only to the extent necessary to assess whether they wish to keep the product. If the consumer exercises their right of withdrawal, they will return the product with all delivered accessories and, if reasonably possible, in its original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur.

For the delivery of services:

When purchasing services, the consumer has the right to terminate the agreement without giving reasons for at least fourteen days, starting from the day the agreement is concluded. To exercise their right of withdrawal, the consumer should follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or delivery.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the maximum cost of returning the product will be at their expense. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal in cases specified in section 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur clearly stated this in the offer or at least before the agreement is concluded. Exclusion of the right of withdrawal is possible only for products:

Made by the entrepreneur according to the consumer’s specifications;
Clearly personal in nature;
That by their nature cannot be returned;
That can spoil or age quickly;
Whose price is tied to fluctuations in the financial market that the entrepreneur cannot control;
For individual newspapers and magazines;
For audio and video recordings and computer software where the consumer has broken the seal.

Exclusion of the right of withdrawal is possible only for services:

Regarding accommodation, transportation, catering, or leisure activities scheduled for a specific date or period;
Where delivery begins with the consumer's explicit consent before the cooling-off period expires;
Regarding gambling and lotteries.

Article 9 – Price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates. Contrary to the previous section, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market that the entrepreneur cannot control, with variable prices. This connection to fluctuations and the fact that any listed prices are indicative will be mentioned in the offer. Price increases within 3 months after the agreement has been concluded are only allowed if they are the result of legal regulations or provisions. Price increases more than 3 months after the agreement has been concluded are only allowed if the entrepreneur has agreed to this, and:

They result from legal regulations or provisions; or
The consumer has the right to terminate the agreement on the day the price increase takes effect.

The prices stated in the offer of products or services include VAT.

Article 10 – Conformity and Warranty

The entrepreneur ensures that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the applicable legal provisions and government regulations in force at the time the agreement is concluded. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer may assert against the entrepreneur based on the agreement.

Article 11 – Delivery and Execution

The entrepreneur will exercise the greatest care when accepting and executing orders for products and when assessing requests for services. The place of delivery is the address the consumer has provided to the business. Taking into account the provisions of article 4, section 3, the entrepreneur will execute accepted orders with due speed, but no later than 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified within 30 days after placing the order. In this case, the consumer has the right to cancel the agreement without costs and is entitled to compensation.

If delivery of an ordered product proves impossible, the entrepreneur will make efforts to provide a replacement item. This will be clearly communicated to the consumer at the time of delivery.

The right of withdrawal cannot be applied to such replacement products unless otherwise agreed.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative.

ARTICLE 12 - DURATION OF TRANSACTIONS, TERMINATION, AND EXTENSION

Termination
The consumer can terminate an agreement entered into for an indefinite period, which involves the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer can also terminate an agreement entered into for a fixed period, which involves the regular delivery of products (including electricity) or services, at any time before the end of the agreed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer can terminate the aforementioned agreements:

at any time, without being limited to termination at a specific time or within a particular period;
at least in the same manner in which they were entered into;
always with the same notice period as agreed by the entrepreneur for themselves.

Extension
An agreement entered into for a fixed period, which involves the regular delivery of products (including electricity) or services, may not be automatically extended or renewed for a fixed term.
However, in the case of agreements for the regular delivery of daily, weekly, or news publications and magazines, such an agreement may be automatically extended for a fixed period of up to three months, provided the consumer can terminate the extended agreement at the end of the extension with a notice period of no more than one month.
An agreement entered into for a fixed period, which involves the regular delivery of products or services, may only be automatically extended for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month and a notice period of no more than three months for agreements involving the regular, but less than monthly, delivery of daily, weekly, or news publications and magazines.
Agreements for a limited period, such as trial or introductory subscriptions for daily, weekly, or news publications and magazines, will not be automatically extended and will end after the trial or introductory period.

Duration
If an agreement lasts more than a year, the consumer may terminate it at any time after one year with a notice period of no more than one month, unless fairness and reasonableness oppose termination before the agreed duration ends.

ARTICLE 13 - PAYMENT

Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the cooling-off period referred to in Article 6, paragraph 1. In the case of a service agreement, this period starts after the consumer receives the confirmation of the agreement.
In the sale of products to consumers, a down payment of more than 50% may never be required in the general terms. If an advance payment has been agreed, the consumer cannot claim any rights concerning the execution of the respective order or service(s) before the agreed advance payment has been made.
The consumer is obligated to immediately notify the entrepreneur of any inaccuracies in the provided or mentioned payment details.
In case of non-payment by the consumer, the entrepreneur is entitled to charge the reasonable costs incurred in accordance with legal limitations.

ARTICLE 14 - COMPLAINTS PROCEDURE

The entrepreneur has a sufficiently publicized complaints procedure and will handle complaints according to this procedure.
Complaints regarding the execution of the agreement must be submitted in full and clearly to the entrepreneur within a reasonable period after the consumer has noticed the defect.
Complaints submitted to the entrepreneur will be answered within 14 days of receiving the complaint. If a complaint requires a longer processing time, the entrepreneur will acknowledge receipt within 14 days and provide an indication of when the consumer can expect a more detailed response.
A complaint about a product, service, or the entrepreneur's service can also be submitted via a complaint form on the website of the Stichting Webshop Keurmerk (www.keurmerk.info). The complaint will be forwarded to both the entrepreneur and the Stichting Webshop Keurmerk.
If the complaint cannot be resolved through mutual agreement, it will become a dispute subject to the dispute resolution procedure.

ARTICLE 15 - DISPUTES

Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
Disputes between the consumer and the entrepreneur regarding the formation or execution of agreements related to products or services provided by the entrepreneur may, subject to the provisions below, be submitted by either party to the Webshop Disputes Committee, PO Box 90600, 2509 LP in The Hague (www.sgc.nl).
A dispute will only be handled by the Disputes Committee if the consumer has first submitted their complaint to the entrepreneur within a reasonable time.
The dispute must be submitted in writing to the Disputes Committee within three months after the dispute arises.
If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wishes to submit the dispute, the consumer must state in writing within five weeks of the entrepreneur's written request whether they also wish to have the dispute handled by the Disputes Committee or by the competent court. If the consumer does not respond within this period, the entrepreneur may submit the dispute to the competent court.
The Disputes Committee will make decisions based on the conditions established in the committee's regulations. The decisions of the Disputes Committee are binding.
The Disputes Committee will not handle or will cease handling a dispute if the entrepreneur has been granted a moratorium, has entered bankruptcy, or has ceased its business operations before a final ruling has been issued.
If another recognized or affiliated disputes committee is competent, the Webshop Disputes Committee will have exclusive jurisdiction for disputes primarily involving remote sales or services. For all other disputes, the other affiliated disputes committee will have jurisdiction.