Terms of service

Table of Contents:

Article 1 - Definitions

Article 2 - Identity of the trader

Article 3 - Applicability

Article 4 - The offer

Article 5 - The agreement

Article 6 - Right of withdrawal

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

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

Article 9 - Obligations of the trader in the event of withdrawal

Article 10 - Exclusion of the right of withdrawal

Article 11 - The price

Article 12 - Performance and additional guarantee

Article 13 - Delivery and execution

Article 14 - Ongoing transactions: duration, termination and renewal

Article 15 - Payment

Article 16 - Complaints procedure

Article 17 - Disputes

Article 18 - Additional or deviating provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance agreement and these goods, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;
2. Cooling-off period: the period within which the consumer can exercise the right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and supplied in digital form;
6. Ongoing agreement: an agreement that provides for the regular supply of goods, services and/or digital content during a certain period;
7. Durable medium: any device - 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 aligned with the purpose for which the information is intended, and which allows unchanged reproduction of the stored information;
8. Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the cooling-off period;
9. Trader: the natural or legal person who offers products, (access to) digital content and/or services at a distance to consumers;
10. Distance agreement: an agreement concluded between the trader and the consumer within the framework of an organised system for distance sales of products, digital content and/or services, whereby exclusive or joint use is made of one or more means of distance communication up to and including the conclusion of the agreement;
11. 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 has no right of withdrawal with regard to his order;
12. Means of distance communication: means that can be used to conclude an agreement without the consumer and trader having to be in the same place at the same time.

Article 2 - Identity of the trader

Meedin BV

Middelwolderweg 5

7951EC Staphorst

Telephone number:

Email address:info@meedin.nl

Chamber of Commerce number: 83477055

VAT identification number: NL862889273B01

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the trader and to every distance agreement concluded between the trader and the consumer.
2. Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate before the distance agreement is concluded how the general terms and conditions can be inspected at the trader's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
3. If the distance agreement is concluded electronically, notwithstanding the previous paragraph and before the distance agreement 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 medium. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
4. If, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly and, in the event of conflicting conditions, the consumer may always invoke the applicable provision that is most favourable to him.

Article 4 - The offer

1. If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the trader uses images, these are a truthful representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on the trader.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 - The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and complies with the conditions laid down therein.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.
4. Within legal limits, the trader may inform himself whether the consumer can meet his payment obligations, as well as of all facts and factors relevant to responsibly entering into the distance agreement. If, on the basis of this investigation, the trader has good grounds 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.
5. At the latest upon delivery of the product, service or digital content to the consumer, the trader will send the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

1. the visiting address of the trader's place of business where the consumer can lodge complaints;
2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
3. the information about guarantees and existing after-sales service;
4. 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 execution of the distance agreement;
5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is for an indefinite period;
6. if the consumer has a right of withdrawal, the model withdrawal form.

1. In the case of an ongoing transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal

For products:

1. The consumer may dissolve an agreement relating to the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The trader may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state his reason(s).
2. The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:

1. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. Provided he has clearly informed the consumer of this before the ordering process, the trader may refuse an order for several products with different delivery times.
2. if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;
3. for agreements for the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, received the first product.

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

1. The consumer may dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium for at least 14 days without giving reasons. The trader may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state his reason(s).
2. 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 information about the right of withdrawal has not been provided:

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

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

1. During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The guiding principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
2. The consumer is only liable for any diminished value of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any diminished value of the product if the trader did not provide 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 the costs thereof

1. If the consumer exercises his right of withdrawal, he shall notify the trader within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorised representative of) the trader. This is not necessary if the trader has offered to collect the product himself. In any event, the consumer has observed the return period if he returns the product before the cooling-off period has expired.
3. The consumer returns 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 trader.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If the trader has not stated that the consumer must bear these costs or if the trader indicates that he will bear the costs himself, the consumer does not have to bear the return costs.
6. If the consumer withdraws after having expressly requested that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or set quantity begins during the cooling-off period, the consumer owes the trader an amount proportionate to that part of the obligation that has been fulfilled by the trader at the time of withdrawal, compared to the full performance of the obligation.
7. The consumer bears no costs for the performance of services or the supply of water, gas or electricity not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:

1. the trader has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model withdrawal form; or
2. the consumer did not expressly request the commencement of the performance of the service or the supply of gas, water, electricity or district heating during the cooling-off period.

1. The consumer bears no costs for the full or partial supply of digital content not supplied on a tangible medium if:

1. he did not expressly consent before delivery to the commencement of performance of the agreement before the end of the cooling-off period;
2. he did not acknowledge losing his right of withdrawal when giving his consent; or
3. the trader failed to confirm this statement by the consumer.

1. If the consumer exercises his right of withdrawal, all additional agreements are dissolved by operation of law.

Article 9 - Obligations of the trader in the event of withdrawal

1. If the trader makes it possible for the consumer to submit the notice of withdrawal electronically, he shall immediately send an acknowledgement of receipt after receiving this notice.
2. The trader shall reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the trader offers to collect the product himself, he may withhold reimbursement until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
3. The trader shall use the same means of payment for reimbursement as the consumer used, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the trader is not required to reimburse the additional costs of the more expensive method.

Article 10 - Exclusion of the right of withdrawal

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

1. Products or services whose price is subject to fluctuations in the financial market over which the trader has no influence and which may occur within the withdrawal period;
2. Agreements concluded during a public auction. A public auction means a method of sale whereby products, digital content and/or services are offered by the trader to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service agreements, after full performance of the service, but only if:

1. performance has begun with the consumer's express prior consent; and
2. the consumer has declared that he loses his right of withdrawal as soon as the trader has fully performed the agreement;

1. Package travel as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements;
2. Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, transport of goods, car rental services and catering;
3. Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance;
4. Products manufactured according to the consumer's specifications, which are not prefabricated and are made on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
5. Products that spoil quickly or have a limited shelf life;
6. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
7. Products which are irreversibly mixed with other products after delivery due to their nature;
8. Alcoholic beverages whose price was agreed upon when concluding the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the trader has no influence;
9. Sealed audio and video recordings and computer software, whose seal has been broken after delivery;
10. Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
11. The supply of digital content other than on a tangible medium, but only if:

1. performance has begun with the consumer's express prior consent; and
2. the consumer has declared that he thereby loses his right of withdrawal.

Article 11 - The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding the previous paragraph, the trader may offer products or services with variable prices if these prices are subject to fluctuations in the financial market over which the trader has no influence. This link to fluctuations and the fact that any prices stated are target prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:

a. they are the result of statutory regulations or provisions; or

b. the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.

1. The prices stated in the offer of products or services include VAT.

Article 12 - Performance of the agreement and additional guarantee

1. The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the trader also guarantees that the product is suitable for use other than normal use.
2. Any additional guarantee provided by the trader, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer may assert against the trader under the agreement if the trader has failed to fulfil his part of the agreement.
3. Additional guarantee means any obligation of the trader, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event he has failed to fulfil his part of the agreement.

Article 13 - Delivery and execution

1. The trader shall observe the greatest possible care when receiving and executing orders for products 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 trader.
3. Subject to what is stated in Article 4 of these general terms and conditions, the trader will execute accepted orders with due speed but at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.
4. After dissolution in accordance with the previous paragraph, the trader shall immediately refund the amount paid by the consumer.
5. The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 14 - Ongoing transactions: duration, termination and renewal

Termination:

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

Renewal:

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

Duration:

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

Article 15 - Payment

1. Unless otherwise provided in the agreement or additional terms, amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or, in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period commences on the day after the consumer has received confirmation of the agreement.
2. In the sale of products to consumers, the consumer may never be obliged under general terms and conditions to make an advance payment of more than 50%. Where advance payment has been stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer has the duty to report inaccuracies in provided or stated payment details to the trader without delay.
4. If the consumer does not fulfil his payment obligation(s) in time, after the trader has pointed out the late payment to him and the trader has granted the consumer a period of 14 days to still meet his payment obligations, and payment is not made within this 14-day period, the consumer shall owe statutory interest on the amount still due and the trader 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% on the next € 2.500,= and 5% on the next € 5.000,= with a minimum of € 40,=. The trader may deviate from the stated amounts and percentages in favour of the consumer.

Article 16 - Complaints procedure

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

Article 17 - Disputes

1. Only Dutch law applies to agreements between the trader and the consumer to which these general terms and conditions relate.

Article 18 - Additional or deviating provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.

Annex I: Model withdrawal form

Model withdrawal form

(only complete and return this form if you wish to withdraw from the agreement)

• To: Meedin BV

Middelwolderweg 5, 7951EC Staphorst

info@meedin.nl

• I/We* hereby inform you that I/we* withdraw from our agreement concerning

the sale of the following products:

withdraw/withdraws

• Ordered on*/received on* [date of order for services or receipt for products]

• Name of consumer:

• Address of consumer:

• Signature of consumer:

• Date