Terms and Conditions

Table of Contents

Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Conformity and guarantee
Article 11 – Delivery and execution
Article 12 – Long-term transactions: duration, termination, and extension
Article 13 – Payment
Article 14 – Complaints procedure

Article 1 – Definitions

In these conditions, the following terms are understood to have the following meanings:

Cooling-off period: the period during which the consumer can make use of his right of withdrawal; Read all about the cooling-off period
Consumer: the natural person who does not act for purposes related to his trade, business, craft, or profession and enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration agreement: an agreement that extends the regular supply of goods and/or services over a certain period;
Durable data carrier: any means that enable the consumer or entrepreneur to store information that is personally addressed to him in a way that future consultation and unchanged reproduction of the stored information is possible.
Right of withdrawal: the possibility for the consumer to revoke the distance agreement within the cooling-off period;
Model withdrawal form: the model withdrawal form included in Annex I that the entrepreneur can make available to a consumer who wishes to exercise his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance;
Distance agreement: an agreement concluded between the entrepreneur and the consumer within the scope of an organized system for distance selling of products and/or services, whereby sole or joint use is made of one or more means of distance communication up to and including the moment at which the agreement is concluded;
Means of distance communication: means that can be used for concluding an agreement, without the consumer and trader having to be in the same place at the same time.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

SaarVadi van Oldenbarneveltlaan 6 (in communitycentre EdanZ)
9717JR Groningen Netherlands1
T +31(6) 1552-4911
E info@saarvadi.com
Chamber of Commerce 02099556
VAT number NL001439606B06
SaarVadi is one of the companies held under the umbrella name: “Vanzelfsprekend Leven”

Article 3 – Applicability

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

Before the distance contract is concluded, the text of these general terms and conditions is 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 inspected by the entrepreneur and they will be sent free of charge as soon as possible at the consumer’s request.

If the distance contract is concluded electronically, then contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. 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 free of charge electronically or otherwise at the consumer’s request before the distance contract is concluded.

In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis, and the consumer may always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.

If one or more provisions in these general terms and conditions are null and void or are annulled, the agreement and these terms and conditions will remain in force for the remainder, and the relevant provision will be replaced by mutual agreement as soon as possible, taking into account the spirit of the original as much as possible.

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

Ambiguities about 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 period of validity or is subject to conditions, this will be explicitly stated in the offer.

The offer is without obligation. The entrepreneur is entitled to change 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 the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a truthful representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot lead to compensation or termination of the agreement.

Images with products are a true reflection of the products offered. Entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

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

  • the price including taxes;
  • any costs of delivery;
  • the manner in which the agreement will be concluded and which actions are required for this;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery, or implementation of the agreement;
  • the period for accepting the offer, or the period for adhering to the price;
  • the level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular base rate for the means of communication used;
  • whether the agreement will be archived after the conclusion, and if so, how it can be consulted for the consumer;
  • the way in which the consumer can check and, if necessary, restore the data provided by him under the agreement;
  • any other languages in which, in addition to Dutch, the agreement can be concluded;
  • the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the distance agreement in the event of a duration agreement.

Article 5 – The agreement

The agreement is subject to the provisions of paragraph 4, concluded at the time of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronic receipt of the acceptance of the offer. As long as the entrepreneur has not confirmed the acceptance, the consumer can terminate 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 will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur can – within the law – inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, motivated, or to attach special conditions to the implementation.

The entrepreneur will send 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 data carrier:

  • the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
  • 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;
  • information about guarantees and existing after-sales service;
  • the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
  • the requirements for canceling the agreement if the agreement has a duration of more than one year or is indefinite.

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

Article 6 – Right of withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.

During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent that it is necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

When providing services, the consumer has the option to dissolve the agreement without giving any reason for at least 14 days, starting on the day of entering into the agreement.

To make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 – Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the costs of returning the goods will be borne by the consumer.

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 right of withdrawal

The entrepreneur can exclude the consumer’s right of withdrawal within the meaning of the previous paragraph only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.

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

  • that have been created by the entrepreneur in accordance with the consumer’s specifications;
  • that are clearly personal in nature;
  • that cannot be returned due to their nature;
  • that can spoil or age quickly;
  • the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  • for individual newspapers and magazines;
  • for audio and video recordings and computer software of which the consumer has broken the seal.

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

  • concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
  • the performance of which has been started with the express consent of the consumer before the cooling-off period has expired;

with regard to betting and lotteries.

Article 9 – The price

During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes due to changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market that are beyond the entrepreneur’s control, at variable prices. This link to fluctuations and the fact that any prices mentioned are target prices are stated in the offer.

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

Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

  • they are the result of statutory regulations or provisions; or
  • the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

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

Article 10 – Conformity and Guarantee

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness, and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.

An arrangement offered as a guarantee by the entrepreneur, manufacturer, or importer does not affect the rights and claims that the consumer can assert against the entrepreneur in respect of a shortcoming in the fulfillment of the entrepreneur’s obligations under the law and/or the distance agreement.

Article 11 – Delivery and execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

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

Subject to what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but at least within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement article available. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of return shipments are at the expense of the entrepreneur.

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

Article 12 – Continuing performance contracts: duration, termination, and renewal

Termination

The consumer can terminate an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer can terminate an agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time, by the end of the specified period, with due observance of the agreed termination rules and a notice period of no more than one month.

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

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

Extension

An agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed duration.

Notwithstanding the previous paragraph, an agreement that has been concluded for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be renewed automatically for a fixed duration of three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

An agreement that has been concluded for a definite time and that extends to the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer at any time can terminate with a notice period of no more than one month and a notice period of no more than three months in the event the agreement extends to the regular delivery, but less than once a month, of daily, news, and weekly newspapers and magazines.

An agreement with limited duration to the regular delivery of trial newspapers, news, and weekly newspapers and magazines (trial or introductory subscription) is not automatically continued and ends automatically after the trial or introductory period.

Duration

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

Article 13 – Payment

Insofar as not otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the event of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.

When selling products to consumers, the consumer may never be obliged to make an advance payment of more than 50%. When an advance payment has been agreed, the consumer cannot assert any rights regarding the execution of the relevant order or service(s), before the advance payment has been made.

The consumer has the duty to immediately report inaccuracies in payment data provided or specified to the entrepreneur.

In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints

The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.

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 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement rules.

Article 15 – Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.

Article 16 – Additional or deviating provisions

Additional provisions or deviations from these general terms and conditions may not be to the consumer’s detriment 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.

If you have any questions or need further assistance, please feel free to ask.

en_USEnglish
Scroll to Top