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    • General 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 - Costs in case of withdrawal
    Article 8 - Exclusion of the right of withdrawal
    Article 9 - The price
    Article 10 - Conformity and warranty
    Article 11 - Delivery and performance
    Article 12 - Duration transactions: duration, termination, and extension
    Article 13 - Payment
    Article 14 - Complaints procedure
    Article 15 - Disputes
    Article 16 - Additional or deviating provisions
    Article 1 - Definitions

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

    1. Reflection period: the period within which the consumer can exercise his right of withdrawal;
    2. Consumer: the natural person who does not act in the exercise of his profession or business and enters into a distance contract with the entrepreneur;
    3. Day: calendar day;
    4. Long-term transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
    5. Durable medium: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that facilitates future consultation and unaltered reproduction of the stored information.
    6. Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;
    7. Model withdrawal form: the model withdrawal form that the entrepreneur makes available and that a consumer can fill in when he wishes to exercise his right of withdrawal;
    8. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
    9. Distance contract: a contract concluded between the entrepreneur and the consumer as part of an organized system for distance selling of products and/or services, up to and including the conclusion of the contract, exclusively using one or more means of distance communication;
    10. Means of distance communication: a means that can be used to conclude a contract, without the consumer and entrepreneur being in the same place at the same time;
    11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

    Article 2 - Identity of the entrepreneur

    Name: Damp-e B.V.
    Address: Slotlaan 291, 3701GH Zeist
    Company number: 74431730
    VAT number: NL859895889B01

    Article 3 - Applicability

    1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders between entrepreneur and consumer that is established.
    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, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur and they will be sent to the consumer as soon as possible at his request, free of charge.
    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 by electronic means in such a way that the consumer can easily store it 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 to the consumer by electronic means or otherwise free of charge at his 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 shall apply by analogy, and the consumer may always invoke the applicable provision that is most favorable to him in the event of incompatible general terms and conditions.
    5. If one or more provisions in these general terms and conditions at any time are fully or partially nullified or destroyed, the agreement and these terms and conditions will remain in force and the relevant provision will be replaced immediately in consultation between the parties by a new, comparable provision.
    6. Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
    7. Ambiguities about the interpretation or content of one or more provisions of our terms and conditions must be explained 'in the spirit' of these general terms and conditions.

    Article 4 - The Offer

    1. If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
    2. The offer contains a complete and accurate description of the products and/or services offered. 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 reflection of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
    3. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
    4. Images of products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
    5. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns, in particular:

    • the price, including taxes;
    • any costs of delivery;
    • the way in which the agreement will be concluded and which actions are required for this;
    • whether or not the right of withdrawal applies;
    • the method of payment, delivery, or execution of the agreement;
    • the period for accepting the offer, or the period for adhering to the price;
    • the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the communication;
    • whether the agreement is filed after conclusion, and if so, how it can be consulted by the consumer;
    • the way in which the consumer, before concluding the agreement, can check the data provided by him under the agreement and repair it if necessary;
    • any other languages in which the contract can be concluded, in addition to Dutch;
    • the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
    • the minimum duration of the distance contract in the event of a duration transaction.

    6. In the case of a continuing performance contract, the previous paragraph only applies to the first delivery.

    Article 5 - The Agreement

    1. The agreement is, subject to the provisions of paragraph 4, concluded at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
    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 safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
    4. The entrepreneur can, within legal frameworks, inform himself about the consumer's ability to meet his payment obligations, as well as all those 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, he is entitled to refuse an order or request, giving reasons, or to attach special conditions to the implementation.
    5. The entrepreneur shall provide the consumer with the product or service's 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:

    • the address of the establishment of the entrepreneur where the consumer can lodge complaints;
    • 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;
    • the information about guarantees and existing after-sales service;
    • the data included in article 4 paragraph 3 of these conditions unless the entrepreneur has already provided the consumer with this information before the execution of the agreement;
    • the requirements for canceling the agreement if the agreement has a duration of more than one year or for an indefinite period.

    6. In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.

    Article 6 - Right of Withdrawal

    When delivering products:

    • When purchasing products, the consumer has the option to dissolve the contract without giving any reason for 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
    • During the reflection period, the consumer will handle the product and the 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 exercises his right of withdrawal, he will return the product with all supplied accessories 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.

    When providing services:

    • When services are provided, the consumer has the option to dissolve the contract without giving any reason for at least 14 days, starting on the day of entering into the contract.
    • To make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

    7. If the consumer exercises his right of withdrawal, he is required to notify the entrepreneur, unambiguously and in writing, within the reflection period. The consumer must prove that the delivered goods have been returned on time, for example, by means of a proof of postal delivery.
    8. If the consumer has not notified the entrepreneur that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur after the end of the reflection period, the purchase is a fact.

    Article 7 - Costs in Case of Withdrawal

    1. If the consumer exercises his right of withdrawal, he shall bear the cost of returning the goods.
    2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.

    Article 8 - Exclusion of Right of Withdrawal

    1. The entrepreneur can exclude the right of withdrawal of the consumer for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for concluding the agreement.

    • which have been created by the entrepreneur in accordance with the consumer's specifications;
    • that are clearly of a personal nature;

    3. Exclusion of the right of withdrawal is only possible for services:

    • regarding accommodation, transport, restaurant, or leisure activities to be carried out on a certain date or during a certain period;
    • of which the delivery with the express agreement of the consumer has begun before the reflection period has expired;
    • regarding bets and lotteries.

    Article 9 - The Price

    1. During the period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

    • By agreement, and
    • as a result of statutory regulations or provisions.

    3. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

    • they are the result of statutory regulations or provisions; or
    • the consumer has the authority to cancel the agreement from the day the price increase takes effect.

    4. All prices mentioned in the offer of products or services are inclusive of VAT.

    Article 10 - Conformity and Guarantee

    1. The entrepreneur guarantees that the products and/or services comply with the contract, with the specifications stated in the offer, with reasonable requirements of usability and/or reliability, and with the existing statutory provisions and/or government regulations on the day of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

    2. A guarantee 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 contract.

    Article 11 - Delivery and Execution

    1. The entrepreneur will take the greatest possible care when receiving and implementing product orders and when assessing requests for the provision of 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 expeditiously but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be partially 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.
    4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the consumer the amount paid as soon as possible but no later than 30 days after dissolution.

    Article 12 - Duration Transactions: Duration, Termination, and Extension

    1. Termination:

    • The consumer can at all times terminate a contract that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services, respecting the applicable termination rules and a notice period of no more than one month.
    • The consumer can terminate a contract that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services at the end of the definite period, respecting the applicable termination rules and a notice period of no more than one month.
    • The consumer can terminate the agreements referred to 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 way as they have been concluded by him;
      • always terminate with the same notice period as the entrepreneur has stipulated for himself.

    2. Extension:

    • An agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed duration.
    • Notwithstanding the preceding paragraph, a contract that has been concluded for a definite period and that extends to the regular delivery of dailies, newspapers, weekly newspapers, and magazines may be tacitly renewed for a fixed duration of a maximum of three months, if the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month.
    • An agreement that has been concluded for a definite period and that extends to the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the event of the agreement extending to the regular delivery, but less than once a month, of dailies, newspapers, weeklies, and magazines.
    • An agreement with limited duration to the regular delivery of trial or introductory products (dailies, newspapers, weeklies, magazines, or digital content) is not tacitly continued and ends automatically at the end of the trial or introductory period.

    Article 13 - Payment

    1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be settled 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 an agreement to provide a service, this period starts on the day the consumer receives the confirmation of the agreement.
    2. When selling products to consumers, the consumer cannot be obliged to make an advance payment of more than 50%. When an advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the advance payment has been made.
    3. The consumer has the duty to report inaccuracies in payment data provided or stated to the entrepreneur without delay.
    4. If the consumer does not fulfill his payment obligation(s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a 14-day period to fulfill his payment obligations, after the failure to pay within this 14-day period, statutory interest is due on the amount due, and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of 15% on outstanding amounts up to €2,500, 10% over the next €2,500, and 5% over the next €5,000, with a minimum of €40. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.

    Article 14 - Complaints Procedure

    1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

    • Complaints about the execution of the agreement must be submitted to the entrepreneur, fully and clearly described, within a reasonable time after the consumer has observed the defects.
    • 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 reply within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
    • If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.

    2. A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.
    3. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at his option, or replacement of the delivered products or services.
    4. If it is no longer possible or useful to repair or replace the products, the entrepreneur will refund the amount paid by the consumer as soon as possible.

    Article 15 - Disputes

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

    • Even if the consumer lives abroad.

    2. The Vienna Sales Convention does not apply.

    Article 16 - Additional or Different 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.

    Article 17 - Amendment to the General Terms and Conditions Stichting Webshop Keurmerk

    1. Amendments to these terms and conditions are only valid after they have been published in the appropriate way, provided that in the event of applicable changes during the term of an offer, the provision most favorable to the consumer will prevail.
    2. Amendments to these terms and conditions are valid only with the written consent of the consumer if the change relates to the scope of the right of withdrawal.
    3. In case of questions about these terms and conditions, the consumer can contact the entrepreneur.