SMPL – terms and conditions

Article 1 - Definitions

For the purposes of these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Extended transaction: a distance contract relating to a series of products and/or services, for which the obligation to supply and/or purchase is spread over time;
Durable medium: any instrument that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows for future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the option for the consumer to waive the distance contract within the cooling-off period;
Model form: the model withdrawal form that the entrepreneur makes available, which a consumer can fill out if they wish to exercise their right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement whereby, in the context of a system organized by the entrepreneur for the distance sale of products and/or services, one or more techniques for distance communication are used exclusively up to and including the conclusion of the agreement;
Distance communication technology: a means that can be used for concluding an agreement, without the consumer and the entrepreneur having to be in the same room at the same time.
General Terms and Conditions: these present General Terms and Conditions of the entrepreneur.

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Article 2 - Identity of the entrepreneur

Maarten Bennis (Director SMPL International BV);
Heilige Geeststraat 33
6041 GB Roermond;
Phone number: 023-5259494 (from 9:00 AM – 5:00 PM)
Email address: maarten(at)smpl.international
Chamber of Commerce number: 76421309
VAT identification number: NL860618456B01

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Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order 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, 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 that they will be sent free of charge as soon as possible at the consumer's request.
If the distance agreement is concluded electronically, then, contrary to 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 it can be easily stored by the consumer 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 viewed electronically and that they will be sent free of charge at the consumer's request, either electronically or otherwise.
In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them.
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 shall remain in force for the remainder, and the provision in question shall be replaced by mutual agreement without delay by a provision that approximates the intent of the original as closely as possible.
Situations not covered by these general terms and conditions should be assessed in the spirit of these general terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted in the spirit of these general terms and conditions.

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Article 4 - The offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow for a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images and specifications in the offer are indicative and cannot lead to compensation or dissolution of the agreement.
Product images are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Every offer contains information that makes it clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
1. the price including taxes;
2. any shipping costs;
3. the manner in which the agreement will be concluded and the actions required for this;
4. whether or not the right of withdrawal applies;
  the method of payment, delivery, and performance of the agreement;
5. the period for acceptance of the offer, or the period during which the entrepreneur guarantees the price;
6. the rate for distance communication if the costs for using the communication technology are calculated on a basis other than the regular base rate for the communication method used;
7. whether the agreement is archived after conclusion, and if so, how it can be accessed by the consumer;
8. the manner in which the consumer can check and, if desired, correct the data provided by them in the context of the agreement before the agreement is concluded;
9. any other languages in which the agreement can be concluded, in addition to Dutch;
  the codes of conduct to which the entrepreneur has subscribed and the manner in which the consumer can consult these codes of conduct electronically;
10. and the minimum duration of the distance contract in the case of a continuous transaction.

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Article 5 - The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and complies with the conditions set out therein.
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 receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may rescind the agreement.
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 shall observe appropriate security measures for this purpose.
Within legal frameworks, the entrepreneur may inform themselves as to whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into a distance contract. If, based on this investigation, the entrepreneur has sound reasons for not entering into the agreement, they are entitled to refuse an order or request, or to attach special conditions to the execution, providing reasons for doing so.
The entrepreneur shall provide the consumer with the following information with the product or service, 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 physical address of the entrepreneur's establishment 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. information regarding warranties and existing after-sales service;
4. the information included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the 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.
In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is entered into subject to the condition precedent of sufficient availability of the products in question.

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Article 6 - Right of withdrawal

For the delivery of products:

When purchasing products, the consumer has the option to dissolve the agreement without giving any reason for 14 days. This cooling-off period commences on the day after the product is received by the consumer or a representative previously designated by the consumer and notified to the entrepreneur.
During the cooling-off period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they 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.
When the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receiving the product. The consumer must provide this notification using the model form. After the consumer has indicated their intention to exercise their right of withdrawal, they must return the product within 14 days. The consumer must provide proof that the delivered goods were returned on time, for example, by means of a proof of shipment.
For sealed products, the consumer has the right to cancel the order up to 14 days after receipt without giving any reason, provided the seal is not broken. Once the seal is broken, the order is final and cannot be returned. If the consumer exercises their right of withdrawal, they have another 14 days after cancellation to return the product. If the consumer exercises their right of withdrawal, the product must be returned to the entrepreneur with all supplied accessories and – if reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Products with a limited shelf life cannot be returned. The right of withdrawal does not apply in these cases.
If the customer has not indicated their intention to exercise their right of withdrawal or has not returned the product to the entrepreneur after the periods mentioned in paragraphs 2, 3, and 4 have expired, the purchase is final.

For the delivery of services:

‍‍For the delivery of services, the consumer has the option to dissolve the agreement without giving any reason for at least 14 days, starting on the day the agreement is entered into.
To exercise the right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

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Article 7 - Costs in case of withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the product shall be borne by the consumer at most.
If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is conditional upon the webshop having received the product back or the consumer providing conclusive proof of complete return shipment.
Refunds will be processed using the same payment method used by the consumer, unless the consumer explicitly consents to a different payment method.
If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation of the product.
The consumer cannot be held liable for any depreciation of the product if the entrepreneur has not provided all legally required information regarding the right of withdrawal before the purchase agreement is concluded.

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Article 8 - Exclusion of the right of withdrawal

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 only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
1. that have been manufactured by the entrepreneur according to the consumer's specifications;
2. that are clearly personalized;
3. that by their nature cannot be returned;
4. that are liable to deteriorate or expire rapidly;
  the price of which is subject to fluctuations in the financial market that are beyond the entrepreneur's control;
5. for loose newspapers and magazines;
6. for audio and video recordings and computer software if the consumer has broken the seal after delivery;
7. for hygienic products if the consumer has broken the seal after delivery.
Exclusion of the right of withdrawal is only possible for services:
1. concerning accommodation, transport, catering, or leisure activities to be provided on a specific date or during a specific period;
2. the supply of which has begun with the consumer's express prior consent before the cooling-off period has expired;
3. concerning bets and lotteries.

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Article 9 - The price

During the validity period 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.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices in cases where these prices are subject to fluctuations in the financial market that are beyond the entrepreneur's control. The offer must state that these prices are subject to such fluctuations and that any prices mentioned are target prices.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases starting 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
1. they are the result of legal regulations or provisions;
2. or whether the consumer has the right to terminate the agreement on the day the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
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.

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Article 10 - Conformity and warranty

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 legal provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
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.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.
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.
The warranty does not apply if:
1. The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
2. The delivered products have been exposed to abnormal conditions, or have otherwise been handled carelessly or contrary to the instructions of the entrepreneur and/or the instructions on the packaging;
3. The defect is wholly or partially the result of regulations that the government has established or will establish regarding the nature or quality of the materials used.

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Article 11 - 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 made known to the company.
Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If 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 without costs. The consumer is not entitled to any compensation.
All delivery times are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a time limit does not entitle the consumer to any compensation.
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.
If the delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. It will be reported in a clear and understandable manner at the latest upon delivery that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are at the entrepreneur's expense.
The risk of damage to and/or loss of products remains with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless expressly agreed otherwise.

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Article 12 - Duration transactions: duration, termination, and renewal

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Termination

‍‍The consumer may terminate an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, subject to agreed-upon termination rules and a notice period of no more than one month.
The consumer may terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services at any time by the end of the definite period, subject to agreed-upon termination rules and a notice period of no more than one month.
The consumer may, regarding the agreements mentioned in the previous paragraphs:
1. terminate at any time and not be restricted to termination at a specific time or during a specific period;
2. terminate in at least the same manner as they were entered into by them;
3. always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

‍‍An agreement entered into for a definite period for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
Notwithstanding the previous paragraph, an agreement entered into for a definite period for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite period of up to three months, provided the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
An agreement entered into for a definite period for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer is permitted to terminate at any time with a notice period of no more than one month, and a notice period of no more than three months in the event that the agreement is for the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.
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 continued and ends automatically after the trial or introductory period.

Duration

‍‍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 dictate otherwise before the end of the agreed duration.

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Article 13 - Payment

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

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Article 14 - Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints regarding the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days 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 foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved through mutual consultation, a dispute arises that is subject to the dispute settlement scheme.
In the event of a complaint, a consumer must first turn to the entrepreneur.
A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

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Article 15 - Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate, even if the consumer resides abroad.
The Vienna Sales Convention does not apply.

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Article 16 - Additional or deviating provisions

Any additional provisions or deviations 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.

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Terms and conditions