Terms and Conditions

General terms and conditions based on the model terms of WebwinkelKeur.

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 execution
• 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 definitions apply:

1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal; Read all about the cooling-off period.
2. Consumer: the natural person who is not acting 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 concerning a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period.
7. Model form: the model form for withdrawal provided by the entrepreneur that a consumer can fill out when they wish to exercise their right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.
9. Distance contract: an agreement concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, whereby up to and including the conclusion of the agreement, only one or more techniques for distance communication are used.
10. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same space at the same time.
11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Casify
Handelsweg 12G
1521NH Wormerveer
Netherlands

T: 085 333 2253
E: info@casify.eu
Chamber of Commerce: 87302608
VAT number: NL004391199B89

Article 3 – Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order established between the entrepreneur and the consumer.
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, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent to the consumer free of charge as soon as possible upon request.
3. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer 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 accessed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
4. 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 in the case of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to them.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions will remain in effect for the rest, and the relevant provision will be replaced without delay by a provision that approximates the intent of the original as closely as possible.
6. Situations not covered by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
7. Uncertainties about the interpretation or content of one or more provisions of our terms should be explained 'in the spirit' of these general terms and conditions.

Article 4 – The Offer

1. If an offer has a limited validity period or is made under certain conditions, this will be explicitly 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 offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images, specifications, and data in the offer are indications and cannot be grounds for compensation or dissolution of the agreement.
5. Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
6. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are associated with accepting the offer.This particularly concerns:
   • the price including taxes;
   • any shipping costs;
   • the manner in which the agreement will be concluded and the actions required for this;
   • whether or not the right of withdrawal applies;
   • the method of payment, delivery, and execution of the agreement;
   • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
   • the rate for remote communication if the costs of using the remote communication technology are calculated on a basis other than the regular base rate for the communication method used;
   • whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer;
   • the way in which the consumer can check and, if desired, correct the data provided by him in the context of the agreement before concluding the agreement;
   • any other languages in which the agreement can be concluded, in addition to Dutch;
   • the codes of conduct to which the entrepreneur has subjected himself and how the consumer can consult these codes of conduct electronically; and
   • the minimum duration of the distance agreement 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 the consumer accepts the offer and complies with the associated conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur shall promptly 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 may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and 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, ascertain whether the consumer can meet their payment obligations, as well as all facts and factors that are important for responsibly entering into the distance contract. If the entrepreneur has good reasons based on this investigation not to enter into the agreement, he is entitled to refuse an order or request with justification or to attach special conditions to the execution.
5. The entrepreneur shall provide the consumer with the following information with the product or service, either in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
   • the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
   • the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
   • the information about guarantees and existing after-purchase service;
   • 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;
   • the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
7. Every agreement is made under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

Upon delivery of products:

1. When purchasing products, the consumer has the option to dissolve the agreement without giving any reason within 30 days. This reflection period starts on the day after the consumer, or a pre-designated representative made known to the entrepreneur by the consumer, receives the product.
2. During the reflection period, the consumer will handle the product and packaging with care.He will only unpack or use the product to the extent necessary to determine if he wishes to keep it. If he exercises his right of withdrawal, he will return the product with all delivered 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.
3. If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 30 days after receiving the product. The consumer must make this notification using the model form or through another means of communication such as email.After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
4. If the customer has not indicated after the expiry of the periods mentioned in paragraphs 2 and 3 that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

For the delivery of services:

1. For the delivery of services, the consumer has the option to dissolve the agreement without giving reasons for at least 30 days, starting on the day the agreement is entered into.
2. To exercise his right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest upon delivery.

Article 7 – Costs in case of withdrawal

1. If the consumer exercises his right of withdrawal, at most the costs of return shipping shall be borne by him.
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 received back by the online retailer or conclusive proof of complete return can be provided.Refunds will be made using the same payment method used by the consumer 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 of the product.
4. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, which must be done before the purchase agreement is concluded.

Article 8 – Exclusion of the right of withdrawal

1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3.The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
   • that have been created by the entrepreneur according to the consumer's specifications;
   • that are clearly personal in nature;
   • that cannot be returned due to their nature;
   • that can spoil or age quickly;
   • whose price is dependent on fluctuations in the financial market that the entrepreneur cannot influence;
   • for individual newspapers and magazines;
   • for audio and video recordings and computer software of which the consumer has broken the seal;
   • for hygienic products of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
   • related to accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
   • whose delivery has begun with the consumer's express consent before the withdrawal period has expired;
   • related to betting and lotteries.

Article 9 – The price

1. During the validity 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.
2. In deviation from the previous paragraph, the entrepreneur may offer products or services with variable prices if the prices are subject to fluctuations in the financial market and the entrepreneur has no influence over them. This susceptibility to fluctuations and the fact that any mentioned prices are indicative will be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
   • these are the result of statutory regulations or provisions; or
   • the consumer has the authority to terminate the agreement from the day the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect 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 reliability and/or usability, and the existing legal provisions and/or government regulations on the date the agreement was concluded. If agreed upon, 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 legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
3. All products are subject to the statutory warranty.The duration of the statutory warranty may vary based on the nature of the product.
4. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after the defect has been discovered.
5. The warranty does not apply if:
   • the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
   • the delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or the packaging;
   • the defectiveness is wholly or partially the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

1. The entrepreneur will exercise the greatest possible care when receiving and executing 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 company.
3. Subject to the provisions of paragraph 4 of this article, the company will execute accepted orders with due speed but 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 fulfilled or can only be partially fulfilled, 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 at no cost. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any mentioned periods. Exceeding a period does not entitle the consumer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will 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 to be impossible, the entrepreneur will 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 are borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration Transactions: duration, termination, and renewal

Termination

1. The consumer may terminate an agreement entered into for an indefinite period, which involves the regular delivery of products (including electricity) or services, at any time with due observance of 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, which involves the regular delivery of products (including electricity) or services, at any time at the end of the specified duration with due observance of the agreed termination rules and a notice period of no more than one month.
3. The consumer can terminate the agreements mentioned in the previous sections:
   • at any time and not be limited to termination at a specific time or during a specific period;
   • terminate at least in the same manner as they were entered into by him;
   • always terminate with the same notice period that the entrepreneur has stipulated for himself.

Extension

1. An agreement entered into for a definite period and which aims at the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.
2. In deviation from the previous paragraph, an agreement entered into for a fixed term and intended for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a specific period of up to three months, provided that the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
3. An agreement entered into for a fixed term and intended for the regular delivery of products or services may only be tacitly 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 if the agreement is intended for the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
4. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly renewed and automatically ends 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 13 – Payment

1. Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
2. The consumer is obliged to report any inaccuracies in the provided or stated payment details to the entrepreneur without delay.
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
5. In case of complaints, a consumer should first contact the entrepreneur. If the online store is affiliated with WebwinkelKeur and for complaints that cannot be resolved by mutual agreement, the consumer should contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check if this online store has an active membership via https://www.webwinkelkeur.nl/ledenlijst/. If no solution is reached, the consumer has the option to have their complaint handled by the independent dispute committee appointed by WebwinkelKeur, whose decision is binding and both the entrepreneur and the consumer agree to this binding decision.Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the respective committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at her discretion, either replace or repair the delivered products free of charge.

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 resides abroad.
2. The Vienna Sales Convention does not apply.

Article 16 – Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions must not be disadvantageous to 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 carrier.