Terms of service

Sustainable data carrier: any means that enables the consumer or entrepreneur to addressed to him personally, in a manner that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;
Model form: the model form included in Appendix I of these terms and conditions for withdrawal that a consumer can complete when he wants to make use of his right of withdrawal.
Entrepreneur: the natural or legal person who sells products and/or services at a distance offers to consumers;
Distance agreement: an agreement in which, within the framework of a system organized by the entrepreneur, for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Technique for communication on distance: means that can be used for concluding an agreement, without the consumer and entrepreneur meeting in the same room at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Name of entrepreneur: Cupplement BV

Trading under the name: Cupplement

Business address:

Europalaan 20

3526KS Utrecht

Contact: contact@cupplement.nl

Chamber of Commerce number: 82199469

VAT identification number: NL861040181B01

Article 3 – Application

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders between the 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 and they will be sent free of charge as soon as possible at the request of the consumer.
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 can be made available electronically to the consumer in such way that it can be easily stored by the consumer 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 consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can in the event of conflicting general terms and conditions terms and conditions always invoke the applicable provision that is most favorable to him.
If at any time one or more provisions in these general terms and conditions are wholly or partially void or annulled, then the agreement and these terms and conditions will remain in force for the rest and the relevant provision will be replaced by a provision in mutual consultation without delay. g that the intent of the original is as close 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 must be explained 'in the spirit' of these terms and conditions.

Article 4 – The offer

If an offer has a limited period of validity or is made subject to conditions, this is expressly stated in the offer stated.

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 products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
All images, specifications data in the offer are indicative and cannot lead to compensation or dissolution of the agreement.
Images accompanying products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors correspond exactly to the real colors of the products.

Each offer contains such information that it is clear to the consumer what the rights and obligations are. , which are linked to the acceptance of the offer.

Article 5 – The Agreement

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

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 transfer of data and ensures a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures to this end.
The entrepreneur can – within legal frameworks – inform himself whether the consumer is fulfilling his payment obligations. can comply, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. 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 with reasons, or to attach special conditions to the execution.
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:
1. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
2. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
3. the information about guarantees and existing service after purchase;
4. the information included in article 4 paragraph 3 of these terms and conditions, unless the the contractor has already provided this information to the consumer before the execution of the agreement;
5. the requirements for terminating the agreement if the agreement has a duration of more than one year or of is indefinite.
6. In the event of an expensive transaction, the provision in the previous paragraph only applies to the first delivery.

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

Article 6 – Right

On delivery of products:

When purchasing products, the consumer the option to dissolve the agreement without stating reasons during 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 made known to the entrepreneur.

During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of 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.
If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receipt of the product. The consumer must make this known by means of the model form. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of shipment.

If the customer after the expiry of the periods referred to in paragraphs 2 and 3 has not indicated that he wishes to make use of his right of withdrawal resp. has not returned the product to the entrepreneur, the purchase is a fact.

When providing services and digital content that is not on a material carrier delivered:

When providing services, the consumer has the option to dissolve the agreement without stating reasons during at least 14 days, commencing on the day of entering into the agreement.

To make use of his right of withdrawal, the consumer will refer to the information provided by the entrepreneur in the offer and/or at the latest upon delivery to reasonable and clear instructions provided.

Article 7 – Costs in case of withdrawal

If the consumer makes use of his right of withdrawal, the maximum costs of return will be for his account.
If the consumer has paid an amount , the entrepreneur will pay this amount as repay as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted.

Article 8 – Exclusion right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur clearly states 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:
1. that have been established by the entrepreneur in accordance with the consumer's specifications;
2. that are clearly personal in nature;
3. which by their nature cannot be returned;
4. which can spoil or age quickly;
5. the price of which is linked to fluctuations in the financial market over which the entrepreneur has no influence;
6. for loose newspapers and magazines;
7. for audio and video recordings and computer software where the consumer has broken the seal.
8. for hygienic products where the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
1. concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a certain period;
2. of which the delivery has started with the express consent of the consumer before the cooling-off period has expired;
3. concerning betting and lotteries.

Article 9 – The prize

During the period of validity stated in the offer, the prices of the The products and/or services are not increased, except for price changes as a result of changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are linked 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 prices stated are target prices are stated in the offer.
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 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 statutory regulations or provisions; or
2. the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 – Conformity en 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 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.
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 incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. reported. The products must be returned in the original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, 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:
1. The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or processed by third parties;
2. The delivered products have been exposed to abnormal conditions or are otherwise carelessly treated or are contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
3. The defectiveness is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.

Article 11 – Delivery and execution

The company r will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
As place of delivery applies to 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 process accepted orders expeditiously. 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 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. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any stated terms. 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 paid by the consumer as soon as possible. refund, but no later than 14 days after dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to make a replacement article available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are for the account of the entrepreneur.
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 expressly agreed otherwise.

Article 12 – Duration transactions: duration , cancellation and renewal

Cancellation

The consumer can enter into an agreement for has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at all times with due observance of the agreed cancellation rules and a notice period of no more than one month.
The consumer can enter into an agreement that has been entered into for a definite period of time and which extends to the regular delivery of products (including electricity) or services, at all times at the end of the fixed term with due observance of the agreed cancellation rules and a notice period of no more than one month.
The consumer can cancel the Agreements referred to by members:
1. cancel at any time and are not limited to cancellation at any particular time or period;
2. at least cancel in the same way as they have been entered into by him;
3. always cancel with the same notice period as the entrepreneur has stipulated for himself.
Renewal:
1. An agreement that is valid for certain has entered into and which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a certain period.
2. Notwithstanding the previous paragraph may an agreement that is for certain time and which extends to the regular delivery of daily news and weekly newspapers and magazines are tacitly renewed for a fixed period of a maximum of three months, if the consumer can cancel this extended agreement by the end of the extension with a maximum notice period one month.
3. An agreement that has been entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
4. A contract of limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription)&nbs p; will not be continued tacitly and will automatically end at the end of 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 not more than one month, unless reasonableness and fairness oppose cancellation. before the end of the agreed term.

Article 13 – Payment

1. To the extent that has not agreed otherwise, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as 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 confirmation of the agreement.
2. The consumer has the obligation to rectify inaccuracies in payment details provided or stated. to the entrepreneur.
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days, after the consumer has discovered the defects .
3. 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 answer within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved in mutual consultation, a dispute will arise that is subject to the dispute settlement procedure.
5. In case of complaints, a consumer must first turn to the entrepreneur.
6. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is justified found by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively subject to Dutch law applies. Even if the consumer resides abroad.

Article 16 – Additional or different provisions

Additional provisions or provisions that deviate 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 data carrier.

Appendix I: Model withdrawal form

Model withdrawal form

(this form only complete and return if you want to revoke the agreement)
1. To: [name of entrepreneur]
[ entrepreneur's geographical address]

[ entrepreneur fax number, if available]

[ e-mail address or electronic address of entrepreneur]
1. I/We* hereby give notice that I/we* share our agreement regarding
the sale of the following products: [product designation]*

    the delivery of the following digital content: [designation digital content]*

    the provision of the following service: [designation service]*,

    cancels/revoke*
1. Ordered on*/received on* [order date with services or receipt by products]
2. [Name of consumer(s)]
3. [Address consumer(s)]
4. [Consumer(s) Signature] (only when this form is submitted on paper)

* Strikethrough as appropriate or fill in as appropriate

Terms of service

Table of Contents:

Article 1 – Definitions