Terms and conditions
Table of Contents:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Consumer's obligations during the cooling-off period
Article 8 - Exercise of the consumer's right of withdrawal and the costs associated with it
Article 9 - Entrepreneur's obligations in the event of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Performance and additional warranty
Article 13 - Delivery and execution
Article 14 - Duration transactions: 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:
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; Cooling-off period: the period within which the consumer can exercise his right of withdrawal; Consumer: the natural person who does not act for purposes relating to his trade, business, craft, or profession; Day: calendar day; Digital content: data that is produced and delivered in digital form; Continuous performance contract: an agreement that relates to the regular delivery of goods, services, and/or digital content for a certain period; Durable medium: any tool, including email, that allows the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information; Right of withdrawal: the consumer's option to withdraw from 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 organized system for remote sales of products, digital content, and/or services, whereby up to and including the conclusion of the contract, only or partly use is made of one or more techniques for remote communication; Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions. Annex I does not need to be made available if the consumer does not have the right of withdrawal with regard to his order; Technique for remote communication: a means that can be used for concluding an agreement, without the consumer and entrepreneur having to be together in the same space at the same time.
Article 2 - Identity of the entrepreneur
COVAKO B.V.
Oranjelaan 21 B-2
6042BA ROERMOND
Telephone number 06 21298008 between 8:30 am and 5:00 pm
Email address info@Covako.com
Chamber of Commerce number: 70364532
VAT identification number: NL 858293468B01
Article 3 - Applicability
1. These general terms and conditions apply to every offer from 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 is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be inspected by the consumer and that they will be sent free of charge at the consumer's request as soon as possible.
3. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent to the consumer electronically or in another manner free of charge upon request.
4. If in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply mutatis mutandis, and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions.
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 offered products, digital content, and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the offered products, services, and/or digital content. Obvious errors or mistakes in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are that 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 of acceptance by the consumer of the offer and compliance with the conditions set out therein.
2. If the consumer has accepted the offer electronically, the entrepreneur shall confirm receipt of the acceptance of the offer without delay by electronic means. Until the entrepreneur has confirmed receipt of this acceptance, the consumer may terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall provide a secure web environment. If the consumer is able to make electronic payments, the entrepreneur shall take appropriate security measures for this purpose.
4. Within the limits of the law, the entrepreneur may ascertain whether the consumer is able to meet his payment obligations and may also examine all those facts and factors that are relevant to a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good grounds for not entering into the agreement, he is entitled to refuse an order or request, or to attach special conditions to its performance, stating the reasons.
5. At the latest upon delivery of the product, service, or digital content to the consumer, the entrepreneur shall provide the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
a. the address where the consumer can lodge complaints with the entrepreneur's establishment;
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. information about guarantees and existing after-sales service;
d. the price, including all taxes, of the product, service, or digital content; where applicable, the cost of delivery; and the method of payment, delivery, or performance of the distance agreement;
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.
6. In the case of an agreement of a continuing nature, the provision in the preceding paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
For products:
1. The consumer can dissolve an agreement for the purchase of a product without giving reasons during a cooling-off period of at least 14 days. The entrepreneur may ask the consumer for the reason for withdrawal but cannot compel the consumer to state his reasons.
The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer 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 the consumer, 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 before the ordering process;
b. if the delivery of a product consists of multiple 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. for agreements for regular delivery of products during a specified 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:
3. The consumer can dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium without giving reasons during a cooling-off period of at least 14 days. The entrepreneur may ask the consumer for the reason for withdrawal but cannot compel the consumer to state his reasons.
4. The cooling-off period referred to in paragraph 3 commences 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 the consumer is not informed about the right of withdrawal:
5. If the entrepreneur has not provided the consumer with the mandatory information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the originally determined cooling-off period, in accordance with the preceding paragraphs of this article.
6. If the entrepreneur has provided the consumer with the information referred to in the preceding paragraph within twelve months after the commencement date of the originally determined cooling-off period, the cooling-off period expires 14 days after the day on which the consumer receives that information.
Article 7 - Obligations of the consumer during the cooling-off period
1. During the cooling-off period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
2. The consumer is liable only for the product's depreciation resulting from a way of handling the product beyond what is permitted in paragraph 1.
3. The consumer is not liable for the product's depreciation if the entrepreneur has not provided him with all the legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 - Exercise of the consumer's right of withdrawal and the costs thereof
1. 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.
2. The consumer shall return the product as soon as possible but no later than 14 days after the day following the notification referred to in paragraph 1, or hand it over to the entrepreneur (or a representative thereof). This is not necessary if the entrepreneur has offered to collect the product himself. In any case, the consumer shall have observed the return period if he returns 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 lie with the consumer.
5. The consumer shall bear the direct costs of returning the product. If the entrepreneur has not informed the consumer that he must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer is not required to bear the costs of return.
6. If the consumer withdraws after having explicitly requested that the provision of the service or the supply of gas, water, or electricity that are not ready for sale commence during the cooling-off period, the consumer shall owe the entrepreneur an amount that is proportionate to the part of the commitment that the entrepreneur has fulfilled at the time of withdrawal, compared to the full performance of the commitment.
7. The consumer shall not bear any costs for the performance of services or the supply of water, gas, or electricity that have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
a. the entrepreneur has not provided the consumer with the legally required information regarding the right of withdrawal, the reimbursement of costs upon withdrawal, or the withdrawal form; or
b. 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.
8. The consumer shall not bear any costs for the full or partial supply of digital content not supplied on a tangible medium, if:
a. prior to its supply, the consumer has not expressly agreed to the commencement of the performance of the agreement before the end of the cooling-off period;
b. the consumer has not acknowledged that by giving his consent, he loses his right of withdrawal, or the entrepreneur has failed to confirm this statement by the consumer.
9. If the consumer exercises his right of withdrawal, all additional agreements shall be automatically terminated.
Article 9 - Obligations of the entrepreneur upon withdrawal
1. If the entrepreneur enables the consumer to make the withdrawal notification electronically, he shall immediately send an acknowledgment of receipt upon receiving this notification.
2. The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay and no later than 14 days from the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to refund until he has received the product or until the consumer has provided evidence of having returned the product, whichever occurs earlier.
3. The entrepreneur shall use the same means of payment for the refund as the consumer used, unless the consumer agrees to a different method. The refund shall be 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 is not required to refund 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 he has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement:
1. Products or services whose price is tied to fluctuations in the financial market that are beyond the control of the entrepreneur and that may occur within the withdrawal period;
2. Agreements concluded during a public auction. A public auction means a sales method whereby products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, conducted by an auctioneer, and where the successful bidder is obliged to take the products, digital content, and/or services;
3. Service contracts after full performance of the service, but only if:
a. the performance started with the consumer's explicit prior consent; and
b. the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the agreement;
4. Package holidays as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements;
5. Service contracts for the provision of accommodation, if a specific date or period of performance is provided for in the agreement and other than for residential purposes, goods transport, car rental services, and catering;
6. Agreements related to leisure activities, if a specific date or period of performance is provided for in the agreement;
7. Products made to the consumer's specifications, which are not prefabricated and are manufactured based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products that are not suitable for return due to health protection or hygiene reasons and whose sealing has been broken after delivery;
10. Products that are irrevocably mixed with other products after delivery by their nature;
11. Alcoholic beverages for which the price has been agreed upon at the conclusion of the agreement, but which can only be delivered after 30 days and whose actual value depends on fluctuations in the market over which the entrepreneur has no control;
12. Sealed audio or video recordings and computer software, the sealing of which has been broken after delivery;
13. Newspapers, magazines, or periodicals, with the exception of subscriptions to these; Delivery of digital content other than on a tangible medium, but only if:
a. the performance started with the consumer's explicit prior consent; and
b. the consumer has declared that he loses his right of withdrawal.
Article 11 - The price
1. During the validity period stated in the offer, the prices of the offered products and/or services shall not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no control, at variable prices. The fact that prices may be indicative and subject to fluctuations shall be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
a. they are the result of legal regulations or provisions; or
b. the consumer has the right to terminate the agreement as of the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
Article 12 - Performance of the agreement and additional warranty
1. The entrepreneur warrants that the products and/or services comply with the agreement, the specifications stated in the offer, with the requirements of soundness and/or usability that apply on the date of the conclusion of the agreement, and with the legal provisions and/or government regulations that existed at that time. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
2. Any additional warranty provided by the entrepreneur, its supplier, manufacturer, or importer shall not limit the legal rights and claims that the consumer may invoke against the entrepreneur based on the agreement, in the event that the entrepreneur has failed to fulfill his part of the agreement.
3. An additional warranty is understood to mean any undertaking by the entrepreneur, its supplier, importer, or producer in which they grant certain rights or claims to the consumer 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 shall exercise the utmost care when receiving orders for products and assessing requests for services and when executing them.
2. The place of delivery shall be the address that the consumer has provided to the entrepreneur.
3. Unless otherwise agreed, the entrepreneur shall execute accepted orders promptly and within 30 days at the latest, unless a different delivery period has been agreed. If delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer shall be notified of this no later than 30 days after placing the order. In such cases, the consumer shall have the right to dissolve the contract free of charge and to be eligible for any compensation for damages.
4. After dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer without delay.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or to a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 14 - Continuing Performance Contracts: Duration, Termination, and Renewal
Termination:
1. The consumer may terminate an agreement that has been entered into for an indefinite period and that relates to the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of at most one month.
2. The consumer may terminate an agreement that has been entered into for a definite period and that relates to the regular delivery of products (including electricity) or services at any time by the end of the agreed duration, subject to agreed termination rules and a notice period of at most one month.
3. The consumer may terminate the agreements referred to in the preceding paragraphs:
– at any time and shall not be limited to termination at a specific time or during a specific period;
– terminate them in the same manner as they were entered into by the consumer;
– always terminate them with the same notice period as stipulated by the entrepreneur for itself.
Renewal:
4. An agreement that has been entered into for a definite period and that relates to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a specified duration.
5. Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period and that relates to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a maximum duration of three months if the consumer can terminate this extended agreement by the end of the extension period with a notice period of at most one month.
6. An agreement that has been entered into for a definite period and that relates to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate it at any time with a notice period of at most one month. The notice period may not exceed three months in the event that the agreement provides for the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.
7. An agreement with a limited duration for the purpose of trial, introduction, or promotional offers of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall terminate automatically upon expiry 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 at most one month, unless reasonableness and fairness preclude termination before the agreed duration ends.
Article 15 - Payment
1. Unless otherwise agreed in the contract or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period or, in the absence of a reflection period, within 14 days after the conclusion of the agreement. In the case of a service agreement, this period starts on the day following the consumer's receipt of the confirmation of the agreement.
2. In consumer sales, the consumer shall not be obliged to make a prepayment of more than 50% in general terms and conditions. If a prepayment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated prepayment has been made.
3. The consumer has the obligation to promptly report any inaccuracies in the provided or stated payment details to the entrepreneur.
4. If the consumer fails to fulfill their payment obligation(s) in a timely manner, after being informed by the entrepreneur about the late payment and after the entrepreneur has granted the consumer a period of 14 days to fulfill their payment obligations, the consumer shall owe the statutory interest on the outstanding amount and the entrepreneur shall be entitled to charge the consumer for any extrajudicial collection costs incurred. These collection costs shall not exceed: 15% for outstanding amounts up to €2,500; 10% for the subsequent €2,500; and 5% for the next €5,000, with a minimum of €40. The entrepreneur may deviate from the mentioned amounts and percentages to the benefit of the consumer.
Article 16 - Complaints Procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and will handle complaints in accordance with this procedure.
2. Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur 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 from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
4. The consumer shall give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is susceptible to the dispute settlement procedure.
Article 17 - Disputes
1. Dutch law shall exclusively apply to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
2. Disputes shall be submitted to the District Court of Roermond, the Netherlands, in the first instance.
Article 18 - Additional or Deviating Provisions
Additional or deviating provisions from these general terms and conditions must not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them on a durable medium in an accessible manner.
