**General Terms and Conditions of Testenoppfas.nl **



**Article 1 - Definitions**

In these conditions, the following definitions apply: - Reflection period: the period within which the consumer can make use of his right of withdrawal; - Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur; - Day: calendar day; - Continuous transaction: a distance contract concerning a series of products and/or services, the supply and/or purchase obligation of which is spread over time; - Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information. - Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period; - Model form: the model form for withdrawal that the entrepreneur provides that a consumer can fill in when he wants to exercise his right of withdrawal. - Entrepreneur: 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 entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the contract, only one or more means of distance communication are used; - Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being 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**

Testenoppfas.nl
Zijlweg 5 2678LC 
De Lier, Netherlands 
E-mail: info@testenoppfas.nl 
Chamber of Commerce number: 27343085


**Article 3 - Applicability**

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order between entrepreneur and 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and they will be sent to the consumer 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 it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy, and the consumer can 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 at any time wholly or partially void or annulled, the agreement and these conditions will otherwise remain in force, and the relevant provision will be replaced in mutual consultation without delay by a provision that approaches the intent of the original provision as closely 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. Uncertainties about the explanation or content of one or more provisions of our terms and conditions must be explained '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 adapt 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 proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur. All images, specifications data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement. Images accompanying products are a true representation of the offered products. The 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 way 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, and implementation of the agreement; the term for accepting the offer, or the term within which the entrepreneur guarantees the price; the level of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used; whether the agreement after the conclusion will be archived, and if so in what way it can be consulted by the consumer; the way in which the consumer, before concluding the agreement, can check and, if desired, 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 has subjected himself 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.

**Article 5 - The agreement**


The agreement is, subject to the provisions in paragraph 4, concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set therein. If the consumer has accepted the offer electronically, the entrepreneur 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 entrepreneur, the consumer can dissolve the agreement. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures. The entrepreneur can - within legal frameworks - inquire 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 contract. If the entrepreneur has good reasons not to enter into the agreement based on this investigation, he is entitled to refuse an order or request, or to attach special conditions to the implementation. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier: the visiting address of the business location of the entrepreneur where the consumer can go with complaints; the conditions under which and the way in which the consumer can use the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; the information about guarantees and existing service after purchase; the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided these data to the consumer before the execution of the agreement; the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery. Every agreement is entered into under the suspensive condition of sufficient availability of the products concerned.

**Article 6 - Right of withdrawal**

When purchasing products, the consumer has the option to dissolve the agreement without giving any reason within 14 days. This reflection period starts on the day after receiving the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in the original state and packaging to the entrepreneur, following the reasonable and clear instructions provided by the entrepreneur. If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known using the model form or by another means of communication such as e-mail. After the consumer has indicated that he wants to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, for example by means of a proof of shipment. If the customer has not made known after the periods mentioned in paragraphs 2 and 3 that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

**Article 7 - Costs in case of withdrawal**

If the consumer exercises his right of withdrawal, the costs of return shipment will be at most for his account. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after withdrawal. This condition is that the product has already been received back by the web retailer or conclusive proof of complete return can be provided. Refunds will be made using the same payment method that the consumer used unless the consumer explicitly agrees to a different payment method. If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product. The consumer cannot be held liable for depreciation of the product when the entrepreneur has not provided all legally required information about the right of withdrawal. This must be done before the conclusion of the purchase agreement.

**Article 8 - Exclusion of the right of withdrawal**

The entrepreneur can exclude the right of

withdrawal of the consumer for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has stated this clearly in the offer, or at least in good time before 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; whose price depends on 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 whose seal has been broken by the consumer; for hygienic products whose seal has been broken by the consumer. Exclusion of the right of withdrawal is only possible for services: concerning accommodation, transport, restaurant business or leisure activities to be carried out on a certain date or during a certain period; the delivery of which has started with the express consent of the consumer before the reflection period has expired; concerning bets and lotteries.

**Article 9 - The price**

During the period mentioned 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 paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This binding to fluctuations and the fact that any mentioned prices are target prices will be mentioned in the offer. Price increases within 3 months after the conclusion of the agreement are only allowed if they result from 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 result from 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 mentioned in the offer of products or services include VAT. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

**Article 10 - Conformity and warranty**

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees 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 that the consumer can assert against the entrepreneur under the agreement. Any defects or wrongly delivered products must be reported to the entrepreneur in writing within 2 months after discovery of the defect. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. The entrepreneur 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 modified the delivered products himself or has had them repaired and/or modified by third parties; the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging; the inadequacy is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

**Article 11 - Delivery and execution**

The entrepreneur will take the greatest possible care when receiving and executing orders of products and when assessing requests for the provision of services. The place of delivery is the address that the consumer has made known to the company. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but at the latest within 30 days unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after he placed the order. In that case, the consumer has the right to dissolve the agreement without cost. The consumer is not entitled to compensation. All delivery terms are indicative. The consumer cannot derive any rights from any terms mentioned. Exceeding a term does not entitle the consumer to compensation. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but at the latest within 14 days after dissolution. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to make a replacement article available. At the latest, upon delivery, it will be stated clearly and comprehensibly that a replacement article is being delivered. For replacement articles, the right of withdrawal cannot be excluded. The costs of a possible return shipment are for the entrepreneur's account. 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 made known to the entrepreneur, unless expressly agreed otherwise.

**Article 12 - Continuous transactions: duration, termination, and extension**

Termination The consumer can terminate an agreement that has been entered into 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 entered into for a definite period and that 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 the agreed termination rules and a notice period of no more than one month. The consumer can, at all times, terminate the agreements mentioned in the previous paragraphs: at any time and not be limited to termination at a specific time or during a specific period; at least in the same way as they were entered into by him; always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension A contract entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period. Contrary to the previous paragraph, a contract entered into for a definite period and which extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite period of up to three months if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month. A contract 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 can terminate at any time with a notice period of no more than one month and a notice period of no more than three months in case the contract extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines. A contract with a limited duration for the regular introduction delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration 1. If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless the reasonableness and fairness oppose termination before the end of the agreed duration.

**Article 13 - Payment**

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the reflection period referred to in article 6 paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement. The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur. In case of default by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

**Article 14 - Complaints procedure**

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has discovered the defects. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication when the consumer can expect a more detailed answer. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure. With complaints, a consumer should first turn to the entrepreneur. It is also possible to report complaints via the European ODR platform (http://ec.europa.eu/odr). The webshop is currently not affiliated with a quality mark with a dispute committee. A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

**Article 15 - Disputes**


Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. Even if the consumer lives abroad. The Vienna Sales Convention does not apply.