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 - Obligations of the consumer during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur in case of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Compliance 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 19 - Amendment of the general terms and conditions

Article 1 - Definitions
In these terms and conditions the following terms shall have the following meanings:
Supplementary 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 on the basis of an agreement between that third party and the entrepreneur;
Reflection period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and supplied in digital form;
Duration agreement: an agreement that provides for the regular delivery of goods, services and/or digital content during a specific period;
Durable medium: any instrument – ​​including email – that enables the consumer or entrepreneur to store information addressed personally to him in a way accessible for future consultation or use for a period of time adequate for the purpose for which the information is intended and which allows for the unchanged reproduction of the stored information;
Right of withdrawal: the option for the consumer to cancel 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 organised system for the distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement exclusive or additional use is made of one or more techniques for distance communication;
Model withdrawal form: the European model withdrawal form included in Appendix I to these terms and conditions;
Distance communication technology: means that can be used to conclude an agreement without the consumer and the entrepreneur having to be in the same place at the same time.

Article 2 – Identity of the entrepreneur
TwinklingPlanet
Westerpark 85
1742BW
0646767909
Chamber of Commerce number: 75186594
VAT identification number: NL002412946B16

If the entrepreneur's activity is subject to a relevant licensing system: the details of the supervisory authority;
If the entrepreneur exercises a regulated profession:
the professional association or organization to which he is affiliated;
the professional title, the place in the EU or the European Economic Area where it was awarded;
a reference to the professional rules that apply in the Netherlands and instructions on where and how these professional rules can be accessed.

Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded in what way the general terms and conditions can be consulted with the entrepreneur and that they will be sent free of charge to the consumer as soon as possible at the consumer's request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. 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 free of charge to the consumer electronically or otherwise at the consumer's request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting conditions.

Article 4 – The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
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 entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer.

Article 5 – The agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the time the consumer accepts the offer and meets the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may, within the legal framework, inquire whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur, based on this investigation, has good reasons not to enter into the contract, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
The entrepreneur will send the following information to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier, at the latest upon delivery of the product, service or digital content:
a. the visiting 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 statement regarding the exclusion of the right of withdrawal;
c. the information about guarantees and existing after-sales service;
d. 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 performance of the distance contract;
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.
In the case of a continuing transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal
For products:
The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot oblige him to state his reason(s).
The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
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 prior to the ordering process.
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 has received the last shipment or part.
in the case of agreements for the regular delivery of products during a specific period: the day on which the consumer, or a third party designated by the consumer, has received the first product.

Article 7 – Obligations of the consumer during the cooling-off period
During the cooling-off period, the consumer will handle the product and 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 accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
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.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or delivers it to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has observed the return period if he returns the goods before the cooling-off period has expired.
The consumer shall bear the direct costs of returning the product. If the entrepreneur has not stated that the consumer shall bear these costs or if the entrepreneur indicates that he shall bear the costs himself, the consumer shall not bear the return costs.
If the consumer withdraws after having first expressly requested a service or digital content, the consumer owes the entrepreneur an amount that is proportional to the part of the obligation that the entrepreneur has already performed at the time of withdrawal, compared to the full performance of the obligation.

Article 9 – Obligations of the entrepreneur in case of withdrawal
If the entrepreneur makes it possible for the consumer to notify the withdrawal electronically, he will immediately send an acknowledgement of receipt.
The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs received by the entrepreneur for the returned product, without delay and in any case no later than 14 days after the entrepreneur has been informed of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with reimbursement until he has received the product or until the consumer proves that he has returned the product, whichever comes first.
The entrepreneur uses the same payment method for the refund as the consumer used, unless the consumer agrees to another method. The refund is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse 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 the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement:
a. Products that can spoil or age quickly;
b. Impregnated goods;
c. Sealed products which cannot be returned for reasons of health protection or hygiene;
d. Products which after delivery are inseparably mixed with other items;
e. Digital content which is not supplied on a tangible medium, but only if the consumer has expressly consented to immediate commencement of the performance and acknowledges that he thereby loses his right of withdrawal.

Article 11 – The price
During the period of validity of the offer, the prices of the products and services offered will not be increased, except for price changes due to changes in VAT rates.
By way of exception to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market, with variable prices. The price depends on the fluctuations and may be beyond the entrepreneur's control.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. these are the result of statutory regulations or provisions; or
b. the consumer has the authority to terminate the agreement on the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.

Article 12 – Compliance and additional warranty
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 suitability and the legal provisions and/or government regulations in force on the date the agreement was concluded.
An additional guarantee provided by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer can assert against the entrepreneur under the agreement.

Article 13 – Delivery and execution
The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has communicated to the entrepreneur.
Taking into account what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed 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 executed in part, the consumer will receive notification of this at the latest 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs. In that case, the entrepreneur will ensure that the amount paid by the consumer is refunded.
If the delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement article. Up to 30 days after delivery, the entrepreneur will refund the amount paid by the consumer in the absence of a replacement article.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.

Article 14 – Duration transactions: duration, termination and extension
Cancellation
The consumer may at any time terminate an agreement entered into for an indefinite period and which extends to the regular provision of products (including electricity) or services, taking into account the agreed notice period and the previously specified termination rules.
The consumer may at any time terminate an agreement entered into for a definite period and which extends to the regular provision of products or services (including electricity), taking into account the agreed notice period and the previously specified termination rules.
An agreement entered into for a fixed period and aimed at the regular provision of products or services (including electricity) cannot be terminated during the agreed period. The consumer can terminate the agreement at the end of the agreed period, taking into account the agreed notice period and the previously specified termination rules.
In the case of an agreement for an indefinite period, the consumer can terminate the agreement at any time, taking into account the agreed notice period and the previously specified termination rules.
The consumer can terminate the agreement without notice:
a. in the event of a failure to comply with the agreement;
b. if the entrepreneur has applied for a suspension of payments or has been declared bankrupt;
c. if the company ceases its business operations;
d. if the circumstances are such that the consumer can no longer reasonably be bound by the agreement.
The consumer can terminate the agreement without notice:
a. if the entrepreneur has stipulated that the agreement can be terminated;
b. if the entrepreneur fails to fulfil his obligations or fails to fulfil the agreement.
In the case of a fixed-term agreement, the consumer may only terminate the agreement after the agreed term has expired and in compliance with the previously specified termination rules.

Article 15 – Payment
Unless otherwise agreed, payments owed by the consumer must be made within 14 days after the consumer has accepted the agreement.
In sales agreements, the consumer can in any case never be obliged to make more than 50% of the payment before the goods are delivered, unless the payment is made in the context of a custom-made product or at the request of the consumer. The consumer is entitled to a reasonable and fair payment term.
The consumer is obliged to immediately inform the entrepreneur of any inaccuracies in the payment details provided to the entrepreneur or otherwise agreed with the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer for reasonable collection costs incurred by him.

Article 16 – Complaints procedure
The entrepreneur has a sufficiently well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered 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 respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
If a complaint cannot be resolved satisfactorily, a dispute arises that is subject to the Disputes Committee.

Article 17 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
Disputes between the entrepreneur and the consumer regarding the conclusion or performance of agreements relating to products and services supplied or provided by this entrepreneur can, with the exception of disputes that fall under the competent court, be submitted to the Thuiswinkel Disputes Committee.
A dispute will only be dealt with by the Disputes Committee after the consumer has notified the entrepreneur of the dispute in writing and the entrepreneur has not responded within a reasonable period.
The Thuiswinkel Disputes Committee will make a decision in accordance with the rules as set out in the regulations of the Thuiswinkel Disputes Committee.
The decision of the Thuiswinkel Disputes Committee is binding and both the entrepreneur and the consumer can appeal against it to the competent court.

Article 18 – Final provisions
If one or more provisions of these general terms and conditions are invalid, this will not affect the validity of the other provisions.
In cases not provided for in these general terms and conditions, the entrepreneur will assess the situation in the light of the laws and regulations and reasonableness and fairness.
The entrepreneur will inform the consumer about changes to the general terms and conditions.

Checklist

1. Identification of the entrepreneur
Are all necessary details of the entrepreneur (company name, address, contact information) clearly stated? Yes/No
2. Right of withdrawal
Is the right of withdrawal clearly defined and are the conditions, such as reporting withdrawal and costs, clear? Yes/No
3. Consumer obligations
Are the consumer's obligations during the cooling-off period clearly described? Yes/No
4. Price
Is it clearly stated whether prices include VAT and whether price increases are possible? Yes/No
5. Complaints procedure
Is there a complaints procedure described and is it clearly stated how complaints should be submitted? Yes/No
6. Disputes
Is it stated which law applies and where disputes can be submitted? Yes/No
7. Final provisions
Are closing provisions included in case parts of the terms are not valid? Yes/No