General Terms and Conditions

General Terms and Conditions

VULPES MINIMUS B.V.

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off Period: the period within which the consumer can exercise their right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the trader;

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 means that enables the consumer or trader to store information addressed to them personally in a way that allows for future consultation and unaltered reproduction of the stored information.

Right of Withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;

Trader: the natural or legal person who offers products and/or services to consumers at a distance;

Distance Contract: a contract in which, within the framework of a system organized by the trader for the distance selling of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;

Means of Distance Communication: means that can be used to conclude a contract, without the consumer and trader being in the same space simultaneously.

General Terms and Conditions: the present General Terms and Conditions of the trader.

Article 2 – Identity of the trader

Eekmill
Veilingweg 44 3981PC
Email address: info@eekmill.nl
Chamber of Commerce number: 82296006
VAT identification number: NL862413369B01

Article 3 – Applicability

These general terms and conditions apply to every offer from the trader and to every distance contract and order concluded between the trader and the consumer.

Before the 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the trader's premises and they will be sent to the consumer as soon as possible at no cost upon request.

If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise to the consumer free of charge upon request.

In the event that, in addition to these general terms and conditions, specific product or service conditions are also applicable, the second and third paragraphs of this article apply accordingly, and in case of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to them.

If one or more provisions in these general terms and conditions are nullified or destroyed at any time in whole or in part, the contract and these terms and conditions will otherwise remain in force and the relevant provision will be immediately replaced in mutual consultation by a provision that approximates the original as closely as possible.

Situations not regulated in these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.

Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted ‘in the spirit’ of these general terms and conditions.

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 is non-binding. The trader is entitled to modify and adjust the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the trader uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the trader.

All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the contract.

Images of products are a truthful representation of the offered products. The trader cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer contains such information that it is clear for the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:

  • the price including taxes;
  • any potential costs of delivery;
  • the manner in which the contract will be concluded and what actions are required for this;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery, and execution of the contract;
  • the period for accepting the offer, or the period within which the trader guarantees the price;
  • the rate of distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the communication medium used;
  • whether the contract will be archived after its conclusion, and if so, how it can be consulted by the consumer;
  • the way in which the consumer, before concluding the contract, can check and, if necessary, correct the data provided by them in the context of the contract;
  • any other languages in which, in addition to Dutch, the contract can be concluded;
  • the codes of conduct to which the trader has subjected themselves and the way in which the consumer can consult these codes of conduct electronically;
  • and the minimum duration of the distance contract in the case of an extended transaction. Optional: available sizes, colors, types of materials.

Article 5 – The Contract

The contract, subject to the provisions of paragraph 4, is concluded at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.

If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer can dissolve the contract.

If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate safety measures.

The trader can – within legal frameworks – find out whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the trader has good reasons not to enter into the contract, they are entitled to refuse an order or request or to attach special conditions to the execution.

The trader will include the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

a. the visit address of the trader’s establishment where the consumer can go with complaints; b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. information about guarantees and existing after-sales service; d. the data included in article 4 paragraph 3 of these terms and conditions, unless the trader has already provided these data to the consumer before the execution of the contract; e. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.

Every contract is entered into under the suspensive conditions of sufficient availability of the concerned products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the contract without giving any reason within 14 days. This reflection period commences the day after the consumer, or a representative designated by the consumer beforehand and made known to the trader, receives the product.

During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to ascertain the nature, characteristics, and functioning of the product. If they make use of their right of withdrawal, they will return the product with all accessories supplied and, if reasonably possible, in the original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.

When the consumer wishes to exercise their right of withdrawal, they must notify the trader within 14 days of receiving the product, using a written message or email. After notifying the trader of their intention to exercise their right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example, by providing proof of shipping.

If the customer, after the expiration of the periods mentioned in paragraphs 2 and 3, has not made it known that they wish to exercise their right of withdrawal or has not returned the product to the trader, the purchase becomes a fact.

Article 7 – Costs in Case of Withdrawal If the consumer exercises their right of withdrawal, the costs of returning the products are at the expense of the consumer.

If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is on the condition that the product has already been received back by the web retailer or conclusive evidence of complete return can be provided.

Article 8 – Exclusion of the Right of Withdrawal The trader can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the trader has clearly stated this in the offer, at least in time before the contract is concluded.

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

a. that have been created by the trader in accordance with the consumer's specifications; b. that are clearly personal in nature; c. that by their nature cannot be returned; d. that can spoil or age quickly; e. whose price is tied to fluctuations in the financial market over which the trader has no influence; f. for loose newspapers and magazines; g. for audio and video recordings and computer software whose seal the consumer has broken. h. for hygienic products whose seal the consumer has broken.

Exclusion of the right of withdrawal is only possible for services: a. concerning lodging, transport, restaurant business, or leisure activities to be carried out on a specific date or during a specific period; b. whose delivery has begun with the consumer's express consent before the cooling-off period has expired; c. concerning betting and lotteries.

Article 9 – The Price During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes as a result of changes in VAT rates.

Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence, with variable prices. This bound to fluctuations and the fact that any mentioned prices are target prices will be stated in the offer.

Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only allowed if the trader has stipulated this and: a. they are the result of legal regulations or provisions; or b. the consumer has the power to terminate the contract with effect from the day on which the price increase starts.

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

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typographical errors, the trader is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date the contract was concluded. If agreed, the trader also ensures that the product is suitable for other than normal use.

A warranty provided by the trader, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the trader under the contract.

Any defects or incorrectly delivered products must be reported in writing to the trader within 14 days after delivery. The return of the products must be done in the original packaging and in new condition.

The warranty period of the trader corresponds to the manufacturer's warranty period. However, the trader is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if: The consumer has repaired and/or processed the delivered products themselves or has had them repaired and/or processed by third parties; The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the trader and/or on the packaging; The defectiveness is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the applied materials.

Article 11 – Delivery and Execution

The trader shall take the greatest possible care when receiving and executing orders for products.

The place of delivery is the address that the consumer has made known to the company.

With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or only partially, the consumer will be informed of this no later than 30 days after placing the order. In this case, the consumer has the right to terminate the contract at no cost and is entitled to possible compensation.

In the event of termination in accordance with the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.

If delivery of an ordered product proves impossible, the trader will strive to provide a replacement item. At the time of delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment is for the account of the trader.

The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a pre-designated and announced representative to the trader, unless explicitly agreed otherwise.

Article 12: Duration Transactions: Duration, Termination, and Extension

Termination

The consumer can terminate an agreement entered into for an indefinite period, which extends to the regular delivery of products (including electricity) or services, at any time with due observance of agreed termination rules and a notice period of at most one month.

The consumer can terminate an agreement entered into for a definite period, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the definite period with due observance of agreed termination rules and a notice period of at most one month.

The consumer can cancel the agreements mentioned in the previous paragraphs:

  • at any time and not be limited to termination at a particular time or in a particular period;
  • at least in the same way as they are entered into by him;
  • always with the same notice period as the trader has stipulated for himself.

Extension

An agreement entered into for a definite period, which extends to the regular delivery of products (including electricity) or services, may not be automatically extended or renewed for a fixed duration.

Contrary to the previous paragraph, an agreement entered into for a definite period, which extends to the regular delivery of daily, news, and weekly newspapers and magazines, may be tacitly extended for a fixed period of a maximum of three months, if the consumer can cancel this extended agreement by the end of the extension with a notice period of at most one month.

An agreement entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of at most one month and a notice period of at most three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

An agreement with a limited duration for the regular introduction of daily, news and weekly newspapers and magazines (trial or introductory subscription) will not be continued tacitly and will end automatically after the trial or introductory period.

Duration

 

If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a notice period of at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer should be paid within 7 working days after the start of the reflection period as referred to in Article 6, paragraph 1. In the case of a contract to provide a service, this period begins after the consumer has received the confirmation of the contract.

The consumer has the duty to report inaccuracies in payment details provided or mentioned to the trader without delay.

In the event of the consumer's default, the trader, subject to legal limitations, has the right to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure

Complaints about the execution of the contract must be submitted fully and clearly described to the trader within 7 days after the consumer has observed the defects.

Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint is expected to require a longer processing time, the trader 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.

If the complaint cannot be resolved in mutual consultation, a dispute that is subject to the dispute settlement procedure arises.

A complaint does not suspend the obligations of the trader unless the trader indicates otherwise in writing.

If a complaint is found valid by the trader, the trader will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between the trader and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. This is also the case if the consumer resides abroad.