General 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 his right of withdrawal;
Consumer: the natural person who is not acting in the
exercise of his profession or business and enters into a distance contract
with the entrepreneur;
Day: calendar day;
Duration 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 means that enables the consumer or
entrepreneur to store information that is addressed to him personally
in a way that allows future consultation and unchanged reproduction
of the stored information.
Right of withdrawal: the possibility for the consumer to
waive the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or
services to consumers at a distance;
Distance contract: an agreement in which, as part of a system
organized by the entrepreneur for the distance selling of products and/or
services, up to and including the conclusion of the contract, exclusive
use is made of one or more techniques for distance communication;
Technique for distance communication: a means that can be
used for concluding an agreement, without the consumer and
entrepreneur having come together in the same space at the same time.
General Terms and Conditions: the current General Terms and Conditions
of the entrepreneur.
Article 2 – Identity of the entrepreneur
Donkersstuff
De Vlonder, 213A-T3, 5427DG Boekel;
E-mail address: info@travelhawk.nl
Chamber of Commerce number: 96567163
VAT identification number: NL867664538B01
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 is 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 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 may be made available to the
consumer by electronic means in such a way that it can be stored by the
consumer in a simple manner on a durable 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 consulted by
electronic means and that they will be sent electronically or otherwise free
of charge at the consumer's request. 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 apply accordingly, and in the
event of conflicting general terms and conditions, the consumer may always
invoke the applicable provision that is most favorable to him.
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 otherwise remain in force and the provision in question shall be
replaced without delay by mutual agreement by a provision that approaches
the scope of the original as much as possible.
Situations not regulated in these general terms and conditions should be
assessed ‘in the spirit’ of these general terms and conditions.
Uncertainties about 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.
Article 4 – The offer
If an offer has a limited period of validity or is subject to conditions,
this is explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change
and adapt the offer.
The offer contains a complete and accurate description of the products
and/or services offered. The description is sufficiently detailed to allow
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 obvious 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.
Images of products are a true representation of the products offered.
The entrepreneur cannot guarantee that the displayed colors exactly
match the real colors of the products.
Each offer contains information that makes it clear to the consumer
what rights and obligations are attached to the acceptance of the offer.
This concerns in particular:
the price including taxes;
any costs of delivery;
the manner in which the agreement will be concluded and what actions
are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the agreement;
the deadline for accepting the offer, or the period within which the
entrepreneur guarantees the price;
the level of the rate for distance communication if the costs of using the
technique for distance communication are calculated on a basis other
than the regular base rate for the communication medium used;
whether the agreement is archived after its conclusion, and if so, how
it can be consulted by the consumer;
the way in which the consumer can check and, if desired, correct the
information provided by him in the context of the agreement before
concluding the agreement;
any other languages in which, in addition to Dutch, the agreement
can be concluded;
the codes of conduct to which the entrepreneur has subscribed and the
way in which the consumer can consult these codes of conduct by
electronic means; and
the minimum duration of the distance contract in the event of a
duration transaction.
Optional: available sizes, colors, types of materials.
Article 5 – The agreement
The agreement is concluded, subject to the provisions of paragraph 4,
at the moment of acceptance by the consumer of the offer and compliance
with the associated conditions.
If the consumer has accepted the offer by electronic means, the
entrepreneur will immediately confirm receipt of the acceptance of the
offer by electronic means. As long as receipt of this acceptance has not
been confirmed by the entrepreneur, the consumer may 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 safe web environment. If the
consumer can pay electronically, the entrepreneur will observe appropriate
security measures for this.
The entrepreneur can inform himself – within legal frameworks – whether the
consumer can meet his payment obligations, as well as about all those facts
and factors that are important for a responsible conclusion of the distance
contract. If, on the basis of this investigation, the entrepreneur has good
grounds for not entering into the agreement, he is entitled to refuse an
order or request or to attach special conditions to the execution with reasons.
The entrepreneur will send the following information with the product or
service to the consumer, in writing or in such a way that it can be stored by
the consumer in an accessible manner on a durable medium:
a. the visiting address of the entrepreneur's establishment where the
consumer can lodge complaints;
b. the conditions under which and the manner in which the consumer can
make use of the right of withdrawal, or a clear notification regarding the
exclusion of the right of withdrawal;
c. the information on guarantees and existing after-sales service;
d. 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 of indefinite duration.
In the case of a duration transaction, the provision in the previous
paragraph only applies to the first delivery.
Every agreement is entered into under the suspensive conditions of
sufficient availability of the products concerned.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the option to dissolve the
agreement without giving reasons for 14 days. This cooling-off period
commences on the day after receipt of the product by the consumer or a
representative designated in advance by the consumer and made known to
the entrepreneur.
During the cooling-off period, the consumer will handle the product and
the 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 supplied 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.
When the consumer wishes to exercise his right of withdrawal, he is
obliged to make this known to the entrepreneur within 14 days after
receipt of the product. The consumer must make this known by means of a
written message/e-mail. After the consumer has indicated that he wishes to
exercise his right of withdrawal, the customer must return the product
within 14 days. The consumer must prove that the delivered goods have
been returned in time, for example by means of a proof of postage.
If the customer has not indicated that he wishes to exercise his right of
withdrawal or has not returned the product to the entrepreneur after the
expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.
Article 7 – Costs in case of withdrawal
If the consumer exercises his right of withdrawal, the costs for returning
the products are for the account of the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount
as soon as possible, but no later than 14 days after withdrawal. A condition
for this is that the product has already been received back by the web
retailer or conclusive proof of complete return shipment can be provided.
Article 8 – Exclusion of right of withdrawal
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
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:
a. that have been created by the entrepreneur in accordance with the
consumer's specifications;
b. that are clearly personal in nature;
c. that by their nature cannot be returned;
d. that can spoil or age quickly;
e. the price of which is subject to fluctuations in the financial market
over which the entrepreneur has no influence;
f. for loose newspapers and magazines;
g. for audio and video recordings and computer software of which the
consumer has broken the seal.
h. for hygienic products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
a. regarding accommodation, transport, restaurant business or leisure
activities to be carried out on a certain date or during a certain period;
b. the delivery of which has begun with the consumer's express consent
before the cooling-off period has expired;
c. regarding bets and lotteries.
Article 9 – The price
During the validity period stated in the offer, the prices of the products
and/or services offered are not increased, except for price changes as a
result of changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offer
products or services with variable prices whose prices are subject to
fluctuations in the financial market and over which the entrepreneur has
no influence. This link to fluctuations and the fact that any prices stated
are target prices are stated in the offer.
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
the price increase takes effect.
The prices stated 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.
Article 10 – Conformity and Guarantee
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 statutory provisions and/or
government regulations existing on the date of the conclusion of the
agreement. If agreed, the entrepreneur also guarantees that the product is
suitable for other than normal use.
A guarantee 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 14 days of delivery. Return of the products
must take place in the 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 guarantee does not apply if:
The consumer has repaired and/or modified the delivered products himself
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 have been treated on the packaging;
The inadequacy is wholly or partially the result of regulations that the
government has set or will set regarding the nature or quality of the
materials used.
Article 11 – Delivery and execution
The entrepreneur will observe the greatest possible care when receiving
and executing orders for products.
The place of delivery is the address that the consumer has made known to
the company.
With due observance of what is stated about this in Article 4 of these
general terms and conditions, the company will execute accepted orders
with competent speed but no later than 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 executed partially, the consumer will
receive notification 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 and is entitled to any compensation.
In the event of dissolution in accordance with the previous paragraph, the
entrepreneur will refund the amount that the consumer has paid as soon
as possible, but no later than 14 days after dissolution.
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 reported in a clear and understandable
manner that a replacement item is being delivered. For replacement items,
the right of withdrawal cannot be excluded. The costs of any return
shipment are for the account of the entrepreneur.
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 otherwise explicitly agreed.
Article 12 – Duration transactions: duration, cancellation and renewal
Cancellation
The consumer may at any time cancel a contract that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, with due observance of the agreed cancellation rules and a notice period of no more than one month.
The consumer may at any time at the end of the fixed term cancel a contract that has been entered into for a fixed period and that extends to the regular delivery of products (including electricity) or services, with due observance of the agreed cancellation rules and a notice period of no more than one month.
The consumer may cancel the contracts mentioned in the previous paragraphs:
at any time and not be limited to cancellation at a specific time or in a specific period;
at least cancel in the same way as they were entered into by him;
always cancel with the same notice period as the entrepreneur has stipulated for himself.
Renewal
A contract that has been entered into for a fixed period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.
By way of derogation from the previous paragraph, a contract that has been entered into for a fixed period and that extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed period of a maximum of three months, if the consumer can cancel this renewed contract at the end of the renewal with a notice period of no more than one month.
A contract that has been entered into for a fixed period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may at all times cancel with a notice period of no more than one month and a notice period of no more than three months in case the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A contract 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 a contract has a duration of more than one year, the
consumer may after one year cancel the contract at any time with a notice period of no more than one month, unless reasonableness and fairness resist cancellation before the end of the agreed duration.
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 a contract for the provision of a service, this period starts after the consumer has received the confirmation of the contract.
The consumer has the duty to report 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.
Article 14 – Complaints procedure
Complaints about the performance of the contract 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 calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will answer within the 14-day period with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its option, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively subject to Dutch law. Even if the consumer resides abroad.