Terms of service

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 – Obligations of the consumer during the cooling-off period
Article   8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article   9 – Obligations of the entrepreneur in case of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Performance of the agreement and additional guarantee
Article 13 – Delivery and execution
Article 14 – Continuing performance contracts: duration, termination and extension
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Additional or deviating provisions

 

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  1. Additional Agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;
  2. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
  3. Consumer: the natural person who is not acting for purposes related to their trade, business, craft, or professional activity;
  4. Day: calendar day;
  5. Digital content: data produced and delivered in digital form;
  6. Continuing performance contract: an agreement for the regular supply of goods, services and/or digital content over a specified period;
  7. Durable medium: any tool – including email – that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows for future consultation or use for a period appropriate to the purpose for which the information is intended, and which allows for the unchanged reproduction of the stored information;
  8. Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;
  9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
  10. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement, one or more means of distance communication are used exclusively or partially;
  11. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I does not have to be made available if the consumer does not have a right of withdrawal for their order;
  12. Means of distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur having to be simultaneously present in the same room.

 

Article 2 – Identity of the entrepreneur

Snijlab, Lasersheets (legal name, possibly supplemented with trade name);

Van Helmontstraat 23

3029AA, Rotterdam

Phone number: 010 3070949. On weekdays from 9:00-17:00

Email address: info@lasersheets.nl

Chamber of Commerce number: 51299275

VAT identification number: NL823210959B01

 

Article 3 – Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
  2. 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, the entrepreneur will, before the distance contract is concluded, indicate how the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
  3. If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or in another manner upon request.
  4. 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 in the event of conflicting conditions, the consumer can always invoke the applicable provision that is most favourable to them.

 

Article 4 – The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products, services and/or digital content offered. Apparent mistakes or obvious errors in the offer do not bind the entrepreneur.
  3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

 

Article 5 – The agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions set forth therein.
  2. 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.
  3. 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 web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
  4. The entrepreneur can, within legal frameworks, inform themselves whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or application with justification, or to attach special conditions to its execution.
  5. The entrepreneur will, at the latest upon delivery of the product, service or digital content, provide the consumer with the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
  1. the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
  2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
  3. information about guarantees and existing after-sales service;
  4. the price including all taxes of the product, service or digital content; if applicable, the delivery costs; and the method of payment, delivery or execution of the distance contract;
  5. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;
  6. if the consumer has a right of withdrawal, the model withdrawal form.
  1. In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.

 

Article 6 – Right of withdrawal

For products:

  1. The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal but may not oblige them to state their reason(s).
  2. The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
  1. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, received the last product. The entrepreneur may, provided they have clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with different delivery times.
  2. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or the last part;
  3. in agreements for the regular delivery of products over a certain period: the day on which the consumer, or a third party designated by them, received the first product.

 

For services and digital content not supplied on a tangible medium:

  1. The consumer can dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium during a cooling-off period of at least 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal but may not oblige them to state their reason(s).
  2. The cooling-off period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.

 

Extended cooling-off period for products, services and digital content not supplied on a tangible medium if information about the right of withdrawal is not provided:

  1. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period established in accordance with the previous paragraphs of this article.
  2. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months of the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

 

Article 7 – Obligations of the consumer during the cooling-off period

  1. During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a store.
  2. The consumer is only liable for any diminished value of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.
  3. The consumer is not liable for any diminished value of the product if the entrepreneur has not provided them with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

 

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

  1. If the consumer exercises their right of withdrawal, they shall notify the entrepreneur within the cooling-off period by means of the model withdrawal form or by any other unequivocal statement.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product, or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer has in any case complied with the return period if they return the product before the cooling-off period has expired.
  3. The consumer shall return the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer bears the direct costs of returning the product. If the entrepreneur has not informed the consumer that they must bear these costs, or if the entrepreneur indicates that they will bear the costs themselves, the consumer does not have to bear the costs for returning the product.
  6. If the consumer withdraws after having explicitly requested that the performance of the service or the supply of gas, water or electricity not prepared for sale in a limited volume or specific quantity begins during the cooling-off period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation that has been performed by the entrepreneur at the time of withdrawal, compared to the full performance of the obligation.
  7. The consumer bears no costs for the performance of services or the supply of water, gas or electricity, not prepared for sale in a limited volume or quantity, or for the supply of district heating, if:
  1. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in case of withdrawal, or the model withdrawal form, or;
  2. the consumer has not explicitly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.
  1. The consumer bears no costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
  1. they have not explicitly agreed to the commencement of the performance of the agreement before the end of the cooling-off period;
  2. they have not acknowledged losing their right of withdrawal when giving their consent; or
  3. the entrepreneur has failed to confirm this statement from the consumer.
  1. If the consumer exercises their right of withdrawal, all additional agreements will be dissolved by operation of law.

 

Article 9 – Obligations of the entrepreneur in case of withdrawal

  1. If the entrepreneur enables the consumer to notify withdrawal electronically, they will send an immediate confirmation of receipt after receiving this notification.
  2. The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without undue delay and within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may defer repayment until they have received the product or until the consumer demonstrates that they have returned the product, whichever is earlier.
  3. For reimbursement, the entrepreneur will use the same means of payment that the consumer used, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
  4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

 

Article 10 – Exclusion of the right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement:

  1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
  2. Agreements concluded during a public auction. A public auction means a selling method where products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
  3. Service agreements, after full performance of the service, but only if:
  1. the performance has begun with the consumer's explicit prior consent; and
  2. the consumer has declared that they lose their right of withdrawal as soon as the entrepreneur has fully performed the agreement;
  1. Package travel as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements;
  2. Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
  3. Agreements relating to leisure activities, if the agreement provides for a specific date or period for their performance;
  4. Products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
  5. Products that spoil quickly or have a limited shelf life;
  6. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
  7. Products that are irrevocably mixed with other products after delivery due to their nature;
  8. Alcoholic beverages whose price was agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
  9. Sealed audio, video recordings and computer software, of which the seal has been broken after delivery;
  10. Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
  11. The delivery of digital content not on a tangible medium, but only if:
  1. the performance has begun with the consumer's explicit prior consent; and
  2. the consumer has declared that they thereby lose their right of withdrawal.

 

Article 11 – The price

  1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
  2. Notwithstanding 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 dependence on fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
  1. these are the result of legal regulations or provisions; or
  2. the consumer has the right to terminate the agreement as of the day on which the price increase takes effect.
  1. The prices mentioned in the offer for products or services include VAT.

 

Article 12 – Performance of the agreement and additional guarantee

  1. 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. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. An additional guarantee provided by the entrepreneur, their supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill their part of the agreement.
  3. An additional guarantee means any commitment by the entrepreneur, their supplier, importer or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to do in case they have failed to fulfill their part of the agreement.

 

Article 13 – Delivery and execution

  1. The entrepreneur will exercise the utmost care when receiving and executing product orders and when assessing applications for services.
  2. The place of delivery is the address that the consumer has made known to the entrepreneur.
  3. With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed, but no later than within 30 days, unless a different delivery period has been agreed upon. If 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 placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation for damages.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
  5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.

 

Article 14 – Continuing performance contracts: duration, termination and extension

Termination:

  1. The consumer can terminate an agreement entered into for an indefinite period and which concerns 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.
  2. The consumer can terminate an agreement entered into for a definite period and which concerns the regular delivery of products (including electricity) or services, at any time at the end of the definite period, subject to the agreed termination rules and a notice period of no more than one month.
  3. The consumer can:
    • 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 terminate in the same manner as they were entered into;
    • always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension:

  1. An agreement entered into for a definite period and which concerns the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite duration.
  2. Notwithstanding the previous paragraph, an agreement entered into for a definite period and which concerns the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum 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.
  3. An agreement entered into for a definite period and which concerns the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. The notice period is no more than three months in the case where the agreement concerns the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
  4. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for familiarization purposes (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.

Duration:

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

 

Article 15 – Payment

  1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period starts on the day after the consumer has received confirmation of the agreement.
  2. When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in general terms and conditions. When advance payment has been stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service(s) until the stipulated advance payment has been made.
  3. The consumer has the duty to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
  4. If the consumer does not meet their payment obligation(s) on time, after having been informed by the entrepreneur of the late payment and the entrepreneur having granted the consumer a period of 14 days to still meet their payment obligations, after payment fails to occur within this 14-day period, they will owe the statutory interest on the amount still due, and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by them. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the subsequent € 2,500; and 5% on the next € 5,000, with a minimum of € 40. The entrepreneur may deviate from the aforementioned amounts and percentages in favor of the consumer.

 

Article 16 – Complaints procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
  2. Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will reply within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
  4. The consumer must in any case give the entrepreneur 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement procedure.

Article 17 – Disputes

  1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

 

Article 18 – Additional or deviating provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer 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.