General 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 Renewal
Article 13 – Payment
Article 14 - Complaints Procedure
Article 15 – Disputes
Article 16 – Supplementary or deviating provisions
Article 1 – Definitions
In these terms and conditions, the following terms shall have the meanings ascribed to them:
1. Reflection period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or performance obligation of which is spread over time;
5. Durable data carrier: any means enabling the consumer or trader to store information addressed to him personally in such a way that future consultation and unaltered reproduction of the stored information are possible.
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
7. Model form: the model form for withdrawal that the entrepreneur makes available that a consumer can fill out when he wants to exercise his right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
Distance contract: a contract concluded within an organized system for the distance selling of products and/or services, where only one or more means of distance communication are used up to and including the conclusion of the contract;
10. Distance selling technique: means that can be used to conclude an agreement, without the consumer and the trader having met in the same space at the same time.
11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
BulbTree / E-harmonizers.com
info@e-harmonizers.com
Chamber of Commerce: 28094990
VAT identification number: NL001569973B15
Article 3 – Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it shall be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
3. If the distance contract is concluded electronically, and in derogation of the previous paragraph, the text of these general terms and conditions may be made available to the consumer electronically before the distance contract is concluded, in such a way that it can be easily stored by the consumer on a durable data 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 accessed electronically and that they will be sent to the consumer free of charge electronically or otherwise upon request.
4. In cases where specific product or service terms and conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to them.
5. If one or more provisions in these general terms and conditions are entirely or partially void or annulled at any time, the agreement and these terms and conditions shall remain in force for the rest, and the relevant provision shall be replaced immediately by mutual agreement with a provision that approximates the original meaning as much as possible.
Situations not covered by these general terms and conditions shall be assessed ‘in the spirit’ of these general terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted ‘in the spirit’ of these general terms and conditions.
Article 4 – The Offer
1. If an offer has a limited duration or is made subject to conditions, this will be expressly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
4. All images and specifications provided in the offer are for indicative purposes only and cannot lead to compensation or termination of the agreement.
5. Product images are a truthful representation of the products offered. The Entrepreneur cannot guarantee that the displayed colors will exactly match the real colors of the products.
6. Every offer contains such information that it is clear to the consumer what rights and obligations are associated with the acceptance of the offer. This concerns in the
special
• price including taxes;
• the potential shipping costs;
• the way in which the agreement will be concluded and what actions are required for that;
• the applicability or non-applicability of the right of withdrawal;
• the method of payment, delivery and execution of the agreement;
• the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
• the rate for distance communication if the costs of using distance communication techniques are calculated on a basis other than the regular basic rate for the communication method used;
• whether the agreement is archived after its conclusion, and if so, how it can be accessed by the consumer;
• in the manner in which the consumer can check the data provided by him in the context of the agreement before concluding the agreement and, if desired, correct it;
• the other languages, besides Dutch, in which the agreement may be concluded;
- the codes of conduct to which the trader has submitted and the manner in which the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance contract in the case of a continuous transaction.
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 fulfillment of the conditions set out therein.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures to this end.
4. The entrepreneur may, within legal frameworks, inquire about the consumer's ability to meet their payment obligations, as well as about all facts and factors relevant to entering into a distance contract responsibly. If, based on this investigation, the entrepreneur has good reasons not to enter into the contract, they are entitled to refuse an order or request with justification, or to attach special conditions to its execution.
5. The entrepreneur shall send the following information with the product or service, in writing or in such a way that it can be accessed by the consumer and stored on a durable medium:
a. the business address of the entrepreneur's establishment where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification that the right of withdrawal is excluded;
c. information on warranties and existing after-sales service;
d. from the data included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is for an indefinite period.
6. In the case of a continuous supply of goods, the provision in the previous paragraph only applies to the first delivery.
7. Every agreement is entered into subject to the suspensive condition of sufficient availability of the products concerned.
Article 6 - Right of Withdrawal
Upon delivery of products:
1. When purchasing products, the consumer has the option to cancel the agreement without stating reasons for 14 days. This cooling-off period begins on the day after the consumer or a representative designated in advance by the consumer and made known to the entrepreneur receives the product.
2. During the reflection period, the consumer shall handle the product and packaging with care. He shall 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 shall return the product with all supplied accessories, and if reasonably possible, in its original condition and packaging, to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. When the consumer wishes to exercise their right of withdrawal, they are obliged to inform the entrepreneur within 14 days of receiving the product. The consumer must make this notification using the model form. After the consumer has indicated their intention to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned in a timely manner, for example, by means of proof of shipment.
4. If the customer has not indicated that they wish to exercise their right of withdrawal after the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the sale is final.
When providing services:
5. For service agreements, the consumer has the right to terminate the agreement without providing a reason for at least 14 days, starting from the day the agreement was entered into.
6. To make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest at the time of delivery.
Article 7 - Costs in case of withdrawal
If the consumer exercises their right of withdrawal, they will be responsible for at most the return shipping costs.
2. If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been returned to the online shop or conclusive proof of complete return can be provided. The refund will be made using the same payment method that the consumer used, unless the consumer explicitly agrees to a different payment method.
3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation in value of the product.
4. The consumer cannot be held liable for a decrease in the product's value if the seller has not provided all legally required information about the right of withdrawal, and this must be done before the sales agreement is concluded.
Article 8 – Exclusion of the right of withdrawal
1. The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal shall only apply if the entrepreneur has clearly stated this in the offer, or at the latest in good time before concluding the agreement.
2. The right of withdrawal may only be excluded for products:
a. that have been made by the contractor in accordance with the consumer's specifications;
b. which are clearly personal in nature;
c. that by their nature cannot be returned;
d. that can spoil or age quickly;
the price of which is linked to fluctuations on a financial market on which the trader has no influence;
for loose newspapers and magazines;
g. for audio and video recordings and computer software where the consumer has broken the seal.
h. for hygiene products where the consumer has broken the seal.
3. The right of withdrawal may only be excluded for services:
a. to perform lodging, transport, restaurant, or leisure activities on a specific date or during a specific period;
b. whose delivery has begun with the consumer's express consent before the cooling-off period has expired;
c. concerning bets and lotteries.
Article 9 – The Price
During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations on the financial market and over which the entrepreneur has no influence, at variable prices. This linkage to fluctuations and the fact that any mentioned prices are indicative prices shall be stated with the offer.
3. Price increases within 3 months of the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the agreement is concluded are only permitted if the entrepreneur has stipulated this and:
a. result from legal 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.
5. The prices mentioned in the product or service offering include VAT.
6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the erroneous price.
Article 10 – Conformity and Warranty
1. The entrepreneur 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 legal provisions and/or government regulations in force on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur based on the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. The products must be returned in their original packaging and in new condition.
4. 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.
5. The warranty does not apply if:
• The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or in violation of the instructions of the contractor and/or on the packaging.;
• Where defectiveness is wholly or partly the result of provisions that the government has made or will make concerning the nature or quality of the materials used.
Article 11 - Delivery and Performance
1. The entrepreneur shall exercise the utmost diligence in receiving and executing orders for products and in assessing requests for the provision of services.
2. The place of delivery shall be the address that the consumer has made known to the company.
3. Subject to the provisions of paragraph 4 of this article, the company shall execute accepted orders with due diligence, and 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 be executed or can only be partially 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. The consumer is not entitled to any compensation.
4. All delivery terms are indicative. The consumer cannot derive any rights from any terms mentioned. Exceeding a term does not entitle the consumer to compensation.
5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur shall endeavor to make a replacement item available. At the latest upon delivery, it will be clearly and understandably communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be borne by the entrepreneur.
7. The risk of damage to and/or loss of products lies with the seller until the moment of delivery to the consumer or a designated representative who has been made known to the seller, unless expressly agreed otherwise.
Article 12 – Duration Transactions: Duration, Termination, and Renewal
Cancellation
1. The consumer may terminate an agreement concluded for an indefinite period and intended for the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement entered into for a fixed term and intended for the regular delivery of products (including electricity) or services at any time, at the end of the fixed term, in accordance with the agreed termination rules and a notice period of no more than one month.
3. The consumer may, with regard to the agreements mentioned in the previous paragraphs:
• terminate at any time and not be restricted to termination at a specific time or during a specific period;
• at least terminate in the same manner in which they were entered into by him;
• always cancel with the same notice period as the entrepreneur has stipulated for themselves.
Extension
4. An agreement entered into for a fixed period and intended for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
4. Notwithstanding the previous paragraph, an agreement entered into for a specified period that aims for the regular delivery of daily, news, and weekly papers and magazines may be tacitly extended for a specified duration of no more than three months, provided the consumer can cancel this extended agreement towards the end of the extension with a notice period of no more than one month.
5. An agreement entered into for a fixed term for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a notice period of at most one month, and with a notice period of at most three months if the agreement is for the regular delivery, but less than once a month, of daily, news, and weekly papers and magazines.
6. An agreement for a limited duration for the regular delivery of newspapers and magazines on a trial or introductory basis (trial or introductory subscription) will not be tacitly renewed and will automatically end at the end of the trial or introductory period.
Duration
7. 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 preclude termination before the end of the agreed duration.
Article 13 – Payment
1. Unless otherwise agreed, the amounts owed by the consumer should be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
2. The consumer has the obligation to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
3. In case of default by the consumer, the entrepreneur reserves the right to charge reasonable costs, previously communicated to the consumer, subject to legal limitations.
Article 14 - E-harmonizers Liability
E-harmonizers shall only be liable for any damage suffered by the customer if and to the extent that such damage is caused by intent or conscious recklessness.
2. If E-harmonizers is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement.
3. E-harmonizers is never liable for indirect damages, such as consequential damages, lost profits, missed savings, or damages to third parties.
4. If E-harmonizers is liable, this liability is limited to the amount paid out by a (professional) liability insurance policy, and in the absence of (full) payout by an insurance company of the damages, liability is limited to the (portion of the) invoice amount to which the liability relates.
relates.
5. All images, photos, colors, drawings, and descriptions on the website or in a catalog are for illustrative purposes only and are approximate. They do not give rise to any claim for damages and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Article 15 - Complaints Procedure
2. The entrepreneur has a sufficiently disclosed 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 contractor in full and clearly described within 7 days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved through mutual consultation, a dispute arises that is amenable to dispute resolution.
5. In case of complaints, a consumer must first approach the entrepreneur. If this does not lead to a positive outcome, the consumer has the option to have their complaint handled by an independent disputes committee. The decision of this committee is binding, and both the entrepreneur and the consumer agree to this binding decision. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be valid by the entrepreneur, the entrepreneur shall, at its discretion, either replace or repair the delivered products free of charge.
Article 16 – Disputes
1. Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. This also applies if the consumer resides abroad.
2. The UN Convention on Contracts for the International Sale of Goods does not apply.
Article 17 - Supplementary or Deviating Provisions
Additional provisions, or provisions deviating from these general terms and conditions, may not be to the disadvantage 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 medium.

