GENERAL TERMS AND CONDITIONS

General terms and conditions and warranty provisions of Actie Store.nl, including all subsidiaries and websites operating under the flag of Actie Store.nl.

Table of contents:

Article 1 – Definitions Article 2 – Identity of the entrepreneur Article 3 – Applicability Article 4 – The offer Article 5 – Conclusion of 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 the 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 – Compliance and additional guarantee Article 13 – Delivery and implementation Article 14 – Duration transactions: duration, termination and extension Article 15 – Payment Article 16 – Complaints procedure Article 17 – Dispute resolution Article 18 – Additional or deviating provisions Article 19 – Force majeure Article 20 – Intellectual property Article 21 – Personal data Article 22 –23 Miscellaneous Article 24 – Copyright.

Article 1 - Definitions

In these terms and conditions the following terms shall have the following meanings:

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 a third party on the basis of an agreement between that third party and the entrepreneur.

Reflection period: The period within which the consumer can exercise his right of withdrawal.

Consumer: A natural person who is not acting for purposes relating to his trade, business, craft or profession.

Day: A calendar day.

Digital content: Data produced and supplied in digital form.

Long-term agreement: An agreement that provides for the regular delivery of goods, services and/or digital content during a specific period.

Durable data carrier: Any instrument, including email, that enables the consumer or trader to store information addressed personally to him in a way accessible for future consultation or use for a period of time adequate for the purposes of the information and which allows for the unchanged reproduction of the stored information.

Right of withdrawal: The consumer's option to cancel the distance contract within the cooling-off period.

Entrepreneur: The natural or legal person who offers products, (access to) digital content and/or services remotely to consumers.

Distance contract: An agreement concluded between the entrepreneur and the consumer within the framework of an organised system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement exclusive or partly use is made of one or more techniques for distance communication.

Model withdrawal form: The European model withdrawal form included in Appendix I to these terms and conditions.

Remote communication technology: A means that can be used to conclude an agreement without the consumer and entrepreneur having to be in the same room at the same time.

Action Store

Telephone number: 0650705621 (available from Monday to Friday from 9:00 am to 5:00 pm)
Chamber of Commerce number: 62374761
VAT identification number: NL002414127B57

If the entrepreneur's activity is subject to a relevant licensing system, you will find the details of the supervisory authority below:

[Supervisory authority details]

If the entrepreneur exercises a regulated profession, the relevant information is provided below:

Professional association or organization: [Professional association or organization]
Professional title and place of award in the EU or the European Economic Area: [Professional title and place]
Reference to the applicable professional rules in the Netherlands and instructions for access to these rules: [Professional rules in the Netherlands]

Article 3 – Applicability

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.
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 indicate before the distance contract is concluded in what way the general terms and conditions can be consulted with the entrepreneur and that they will be sent free of charge to the consumer as soon as possible at the consumer's request.
If the distance contract is concluded electronically, 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 the consumer can easily store them 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 free of charge to the consumer electronically or otherwise 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 accordingly. In the event of conflicting conditions, the consumer can always rely on the applicable provision that is most favourable to him.

Article 4 – The offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer.

Article 5 – The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the time the consumer accepts the offer and meets the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as 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 transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can, within the legal framework, 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 contract. If the entrepreneur, based on this investigation, has good reasons not to enter into the contract, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
The entrepreneur will send the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, at the latest upon delivery of the product, service or digital content:

a. The visiting address of the entrepreneur's establishment where the consumer can go with complaints;

b. The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

c. The information about guarantees and existing after-sales service;

d. The price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;

e. The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;

f. If the consumer has a right of withdrawal, the model withdrawal form.
In the case of a continuing transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal

For products:

The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot oblige him to state his reasons.
The cooling-off period as referred to in paragraph 1 commences 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:

a. If the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may refuse an order for multiple products with different delivery times, provided that he has clearly informed the consumer of this prior to the ordering process.

b. If the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by the consumer, has received the last shipment or the last part;

c. In the case of agreements for regular delivery of products during a specific period: the day on which the consumer, or a third party designated by the consumer, has received the first product.

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

The consumer can terminate a service agreement and an agreement for the supply of digital content that is not supplied on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state his reasons. The cooling-off period as mentioned in paragraph 3 commences on the day following the conclusion of the agreement.

Extended reflection period for products, services and digital content not supplied on a tangible medium if not informed about the right of withdrawal:

If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal in a timely manner, the cooling-off period will expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article. If the entrepreneur provides the information within this period, the cooling-off period will expire 14 days after receipt of this information by the consumer.

Exception:

The right of withdrawal is reserved for consumers. If the purchase has a business character or takes place as a business customer, this right does not apply. Business orders include all orders that are custom-made, such as larger quantities.

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

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 necessary to determine the nature, characteristics and functioning of the product, as he would be allowed to do in a shop.
The consumer is only liable for any diminished value of the product resulting from the handling of the product which goes beyond what is permitted in paragraph 1.
The consumer is not liable for any diminished value of the product if the entrepreneur has not provided him 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

If the consumer exercises his right of withdrawal, he shall notify the entrepreneur of this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
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 authorised representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
The consumer shall return the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer shall bear the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs of return.
If the consumer revokes after having first expressly requested that the performance of the service or the supply of gas, water or electricity that have not been made ready for sale in a limited volume or specific quantity commence during the cooling-off period, the consumer shall owe the entrepreneur an amount that is proportional to that part of the obligation that the entrepreneur has fulfilled at the time of revocation, compared with the full fulfilment of the obligation.
The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity, which have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
- the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in the event of withdrawal or the model withdrawal form, or;
- the consumer has not expressly requested the commencement of the performance of the service or the supply of gas, water, electricity or district heating during the cooling-off period.
The consumer shall not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
- he has not expressly agreed, prior to delivery, to the commencement of performance of the agreement before the end of the cooling-off period;
- he has not acknowledged that he loses his right of withdrawal by giving his consent; or
- the entrepreneur has failed to confirm this statement from the consumer.
If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 – Obligations of the entrepreneur in case of withdrawal

If the entrepreneur makes it possible for the consumer to notify the withdrawal electronically, he will immediately send an acknowledgement of receipt after receiving this notification.
The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with reimbursement until he has received the product or until the consumer proves that he has returned the product, whichever is the earlier.
The entrepreneur uses the same payment method for reimbursement that the consumer used, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
If the consumer has opted for 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 reserves the right to exclude the following products and services from the right of withdrawal, but only if this is clearly stated in the offer, at least in good time before the conclusion of the agreement:

Products or services subject to financial market fluctuations : Products or services whose price is subject to fluctuations in the financial market, over which the entrepreneur has no control and which may occur within the withdrawal period.
Agreements concluded during a public auction : Agreements concluded during a public auction, where products, digital content and/or services are offered to consumers present in person under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services.
Service contracts after full performance : Service contracts where the service has been fully performed after the consumer's express prior consent, and where the consumer has declared that he will lose his right of withdrawal after full performance of the contract.
Accommodation agreements : Agreements for the provision of accommodation with a specific date or period of performance, other than for residential purposes, the transport of goods, car rental services and catering.
Leisure activities agreements : Leisure activities agreements with a specific date or period of performance.
Products manufactured to consumer specifications : Products that are manufactured to consumer specifications and are not prefabricated and are clearly intended for a specific person.
Perishable products : Products that spoil quickly or have a limited shelf life.
Sealed products for health protection : Sealed products which are not suitable for return for health protection or hygiene reasons and were unsealed after delivery.
Irrevocably mixed products : Products that are irrevocably mixed with other products after delivery.
Alcoholic beverages with delivery conditions : Alcoholic beverages the delivery of which can only take place after 30 days and the actual value of which depends on market fluctuations over which the entrepreneur has no influence.
Broken seal on audio, video recordings and computer software : Sealed audio, video recordings and computer software where the seal has been broken after delivery.
Newspapers, periodicals or magazines : Newspapers, periodicals or magazines, excluding subscriptions to these.
Digital content without tangible medium after start of performance : Supply of digital content other than on a tangible medium, if the performance has started with the consumer's express prior consent and the consumer has declared that he thereby loses his right of withdrawal.

The right of withdrawal is reserved exclusively for consumers. Business customers cannot cancel their purchase.

Article 11 – The price

Price stability within the period of validity : During the period of validity stated in the offer, the prices of the products and/or services offered remain unchanged, except in cases of price changes due to changes in VAT rates.
Variable prices on the financial market : In some cases, the entrepreneur can offer products or services whose prices are subject to fluctuations on the financial market and over which the entrepreneur has no influence. In such cases, variable prices can be used. The linkage to fluctuations and the nature of any prices stated as guide prices are clearly stated in the offer.
Permitted price increases : Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases after 3 months : Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has explicitly stipulated this and: a. they result from statutory regulations or provisions; or b. the consumer has the right to terminate the agreement from the day on which the price increase takes effect.
Including VAT : The prices stated in the offer of products or services are inclusive of VAT.

Article 12 – Compliance with the agreement and additional warranty

Conformity and soundness : The entrepreneur guarantees that the delivered products and/or services comply with the agreement, the specifications stated in the offer, as well as reasonable requirements of soundness and usability, and the applicable legal requirements and government regulations at the time of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
Additional warranty : Any additional warranty provided by the entrepreneur, his supplier, manufacturer or importer does not affect the legal rights and claims that the consumer has under the agreement in the event of shortcomings by the entrepreneur.
Definition of extended warranty : An extended warranty is understood to mean any commitment by the entrepreneur, his supplier, importer or manufacturer whereby specific rights or claims are granted to the consumer that go beyond the statutory obligations, should the entrepreneur fail to fulfil his part of the agreement.

Article 13 – Delivery and execution

Careful execution : The entrepreneur will exercise the utmost care when receiving orders for products and when executing service requests.
Place of delivery : The place of delivery is the address provided by the consumer to the entrepreneur.
Execution period : The entrepreneur will execute accepted orders as soon as possible, but no later than within 30 days, unless otherwise agreed. If there is a delay in delivery or if an order cannot be fully executed, the consumer will be informed of this within 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and may be entitled to compensation.
Refund upon termination : In the event of termination of the agreement as described in the previous paragraph, the entrepreneur will immediately refund the amount paid to the consumer.
Risk of damage or loss : 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, unless otherwise agreed.

Article 14 – Duration transactions: duration, termination and extension

Cancellation:

Agreement for an indefinite period: The consumer may at any time terminate an agreement entered into for an indefinite period and intended to deliver products (including electricity) or services on a regular basis. In doing so, he must observe the agreed termination rules and a notice period of up to one month.
Fixed-term agreement: The consumer may terminate an agreement entered into for a fixed period and intended to deliver products (including electricity) or services on a regular basis, at the end of the fixed period. In doing so, he must follow the agreed termination rules and a notice period of maximum one month.
Conditions for cancellation: The consumer can terminate these agreements at any time without restrictions on timing or period. He must be able to terminate in the same way as the way in which the agreement was entered into and with the same notice period as stipulated by the entrepreneur.

Extension:

A fixed-term contract aimed at the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
There is an exception for daily, news and weekly newspapers and magazines: these can be tacitly extended for a maximum of three months, but the consumer must be able to cancel the extended agreement at the end of the extension with a notice period of a maximum of one month.
A fixed-term contract that aims to deliver products or services regularly may only be tacitly extended for an indefinite period if the consumer can cancel at any time with a notice period of up to one month. If the contract delivers products less than once a month, the notice period can be up to three months.
A trial or introductory subscription for daily, news and weekly newspapers and magazines 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 after one year with a notice period of up to one month, unless this is contrary to reasonableness and fairness.

article 15

Payment Terms and Advance Payment

The consumer must pay the amounts due 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, unless otherwise specified in the agreement or additional conditions. In the case of agreements to provide a service, this period commences on the day after the consumer has received confirmation of the agreement.
In accordance with the law, when selling products to consumers, the consumer may not be required to pay more than 50% of the total amount in advance. If advance payment has been agreed, the consumer cannot assert any rights regarding the execution of the order or services before the agreed advance payment has been made.
The consumer has the responsibility to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.
If the consumer does not meet his payment obligations in time, after the entrepreneur has informed him of the late payment and has granted him a period of 14 days to still meet his payment obligations, the consumer owes the statutory interest on the amount still owed. In addition, the entrepreneur is entitled to charge extrajudicial collection costs. These costs are capped as follows: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. The entrepreneur reserves the right to deviate from these amounts and percentages to the advantage of the consumer.

Article 16 – Complaints procedure

The entrepreneur must have a clearly stated complaints procedure and must handle complaints in accordance with this procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable period after the consumer has discovered the defects, fully and clearly described.
The entrepreneur must respond within 14 days of receiving the complaint. If more time is needed to process the complaint, the entrepreneur must send a confirmation of receipt within this period of 14 days and indicate when the consumer can expect a more extensive response.
If the complaint cannot be resolved by mutual agreement within a reasonable period of time or within 3 months of its submission, a dispute arises that can be submitted to a dispute resolution body.

Article 17 – Disputes

Only Dutch law applies 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 conclusion or performance of agreements about products and services to be supplied or supplied by the entrepreneur, can be submitted to the Webshop Disputes Committee, located in The Hague.
The Disputes Committee will only handle a dispute if the consumer has first submitted the complaint to the entrepreneur within a reasonable period of time.
A dispute must be submitted in writing to the Disputes Committee no later than twelve months after it has arisen.
If the consumer chooses to submit a dispute to the Disputes Committee, the entrepreneur must agree to this. If the entrepreneur chooses to submit the dispute to the court, the consumer must indicate within five weeks after a written request from the entrepreneur whether he agrees to this.
The Disputes Committee shall render a decision in accordance with the terms and conditions as set out in its regulations. The decisions of the Disputes Committee shall be binding.
The Disputes Committee will not handle a dispute or will discontinue handling it if the entrepreneur has been granted a suspension of payments, has been declared bankrupt or has ceased his business activities before the dispute has been handled by the committee and a final decision has been made.

Article 18 – Additional or deviating provisions

Any additional or deviating provisions from these general terms and conditions must not be detrimental to the consumer and must be recorded in writing or stored on a durable data carrier in an accessible manner.

Article 19 - Force Majeure

19.1 In situations of force majeure, Voordeeldrogisterij.nl is not obliged to fulfil its obligations towards the customer. During the period of force majeure, the obligations will be suspended.

19.2 Force majeure is understood to mean any situation over which Voordeeldrogisterij.nl has no control, which prevents the fulfillment of its obligations towards the customer in whole or in part. Examples of this include strikes, fire, business disruptions, power failures, delayed deliveries by suppliers or other third parties involved, and the lack of necessary government permits. Disruptions in (telecommunications) networks, connections or communication systems used, and the unavailability of the website are also considered force majeure.

Article 20 - Intellectual property

20.1 The customer acknowledges that all intellectual property rights with regard to information, communications or other expressions about the products and/or the website are vested in Voordeeldrogisterij.nl, its suppliers or other rights holders.

20.2 Intellectual property rights include, but are not limited to, patent rights, copyrights, trademark rights, design and model rights, and other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts.

20.3 The customer is not permitted to use or modify the intellectual property rights as described in this article without the express written permission of Voordeeldrogisterij.nl, its suppliers or other rights holders, unless this is purely for private use in relation to the product itself.

Article 21 - Applicable law and competent court

22.1 All offers and agreements are exclusively governed by Dutch law.

22.2 The Vienna Sales Convention is expressly excluded.

22.3 All disputes arising from or related to offers from Actie Store or agreements concluded with Actie Store will be submitted to the competent court in Alkmaar, unless the law expressly designates another court as competent.

Article 22 - Miscellaneous

22.1 Correspondence regarding an agreement or these General Terms and Conditions should be addressed to Actie Store, Postbus 1024, 8001BA Zwolle, or to the e-mail address as stated on the website (via contact).

22.2 Actie Store aims to respond to received emails within one working day.

22.3 Colors and/or images may differ from the original.

22.4 During the ordering process you are requested to check the delivery address. Actie Store cannot be held liable for non-received orders due to incorrect address information.

Article 23 - Copyright

23.1 The content and images on Actie Store are fully owned by Actie Store under Dutch law. Copying, reproducing or publishing any part of the website is not permitted without written permission.

23.2 Materials on the websites of Actie Store are fully owned by Actie Store. Third parties may not download material for commercial purposes and may not claim copyright on the material.

23.3 Actie Store accepts no liability for damage resulting from the use of information on this website. The use of the information is entirely at your own risk.

23.4 The information on this website is not medical advice and does not provide diagnosis or treatment. For medical questions, always consult a physician or other qualified health care provider.

Subscribe and Get €5 Euro

GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS

Select options