Europost General Terms and Conditions
Table of Contents:
Article 1 - Definitions
Article 2 – Identity of Europost
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the reflection period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of Europost in the event of withdrawal
Article 10 - Exclusion of right of withdrawal
Article 11 - The price
Article 12 - Compliance and additional warranty
Article 13 - Delivery and execution
Article 14 - Payment
Article 15 - Complaints
Article 16 - Disputes
Article 17 - Additional or derogatory provisions
Article 1 - Definitions
In these terms and conditions shall apply:
- 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 Europost or by a third party on the basis of an agreement between that third party and Europost;
- Reflection time: The period within which the consumer can exercise his right of withdrawal;
- Consumerthe natural person who does not act for purposes related to his trade, business, craft or profession;
- Day: Calendar;
- Digital Content: Data generated in digital form and are supplied;
- Consultancy Agreement: An agreement that involves the regular delivery of goods, services and / or digital content for a certain period;
- Durable medium: any device - including e-mail - that enables the consumer or trader to store information that is addressed to him personally in a way that future consultation or use during a period that is geared to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
- Right of Withdrawal: The ability of the consumer to waive the distance contract within the cooling-off period;
- Entrepreneur: the natural or legal person that offers products, (access to) digital content and / or services to consumers at a distance;
- Distance contract: an agreement concluded between Europost and the consumer in the context of an organized system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement, exclusive or joint use is made of one or more remote communication techniques;
- Model withdrawal form: the European model form for withdrawal included in Appendix I of these conditions. Annex I does not have to be made available if the consumer has no right of withdrawal in respect of his order;
- Technology for distance communication: Means that can be used to conclude a contract, without the consumer and trader need to be met in the same room.
Article 2 – Identity of Europost
Stamp trade company Europost – Coin trade Euromunt
Ginnekenweg 15, 4818 JA Breda
Telephone number: 076 5614923
E-mail address: info@europost.nl
Chamber of Commerce: 16073385
VAT identification number: NL001669127B29
If Europost's activity is subject to a relevant licensing system: details of the supervisory authority.
If Europost practices a regulated profession:
- The professional association or organization in which he is affiliated;
- The job title, place in the EU or European Economic Area where it has been granted;
- A reference to the professional rules applicable in the Netherlands and indications where and how these professional rules are accessible.
Article 3 - Applicability
- These general terms and conditions apply to every offer from Europost and to every distance contract concluded between an entrepreneur and a 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, Europost will indicate before the distance contract is concluded how the general terms and conditions can be viewed at Europost and that they will be sent free of charge as soon as possible at the request of the consumer.
- If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions are set in such a way that the consumer in the consumer made available electronically a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, indicated where the general conditions may be taken and that they electronically or otherwise will be sent free of charge. Request of the consumer electronically
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting conditions, the consumer can invoke the applicable provision that is most favorable to him. .
Article - The offer
- If an offer is of limited duration or 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 a good assessment of the offer by the consumer. If Europost uses images, they are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind Europost.
- Each offer contains such information that is clear to the consumer what rights and obligations are attached. To the acceptance of the offer
Article 5 - The Agreement
- The agreement is subject to the provisions of paragraph 4, established at the time the consumer accepts the offer and meet the corresponding conditions.
- If the consumer has accepted the offer electronically, Europost will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by Europost, the consumer can terminate the agreement.
- If the agreement is concluded electronically, Europost will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, Europost will take appropriate security measures.
- Europost can, within legal frameworks, inform itself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, Europost has good reasons not to enter into the agreement, it is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
- Europost will send the following information to the consumer at the latest upon delivery of the product, service or digital content, 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 Europost branch where the consumer can go with complaints;
- The conditions under which and the manner in which the consumer may use the right of withdrawal or a clear notification of the exclusion of the right of withdrawal;
- The information about guarantees and existing post-purchase service;
- the price including all taxes on the product, service or digital content; where applicable, the cost of delivery; and the manner of payment, delivery or execution of the remote agreement;
- The terms for termination of the agreement if the agreement lasts for more than one year or indefinite duration is;
- If the consumer has a right of withdrawal, the model form for revocation.
- In the event of an overdraft transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
- The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. Europost may ask the consumer for the reason for withdrawal, but does not oblige him to state his reason(s).
- The term referred to in paragraph 1 shall commence on the day after the consumer, or a third party designated by the consumer, who is not the carrier, 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 him, received the last product. Europost may, provided it has clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with different delivery times.
- if the delivery of a product consists of different consignments or parts: the date on which the consumer, or a third party designated by him, received the last consignment or the last item;
- in contracts for regular delivery of goods during a certain period, the day on which the consumer or a third party designated by him, has received the first product.
Article - Obligations of the consumer during the cooling-off period
- During the bedtime, the consumer will carefully handle the product and the packaging. He will only extract or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point here is that the consumer can only handle and inspect the product as he should do in a store.
- The consumer is solely responsible for impairment of the product resulting from a way of dealing with the product beyond that permitted by paragraph 1.
- The consumer is not liable for depreciation of the product if Europost has not provided him with all legally required information about the right of withdrawal before or at the time of concluding the agreement.
Article - Exercising the right of withdrawal by the consumer and costs thereof
- If the consumer exercises his right of withdrawal, he must report this to Europost 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 shall return the product or hand it over to (an authorized representative of) Europost. This is not necessary if Europost has offered to collect the product itself. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
- The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by Europost.
- The risk and burden of proof for the right and timely exercise of the right of withdrawal lies with the consumer.
- The consumer bears the direct costs of returning the product. If Europost has not stated that the consumer must bear these costs or if Europost indicates that it will bear the costs itself, the consumer does not have to bear the costs for return.
- If the consumer revokes after having first expressly requested that the performance of the service or the supply of gas, water or electricity that are not prepared for sale in a limited volume or specific quantity commences during the cooling-off period, the consumer will owe Europost an amount which is proportional to that part of the obligation fulfilled by Europost at the time of withdrawal, compared to the full fulfillment of the obligation.
- The consumer does not incur any costs for the execution of services or the supply of water, gas or electricity, which have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
- Europost has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in case of withdrawal or the model form for withdrawal, or;
- the consumer did not explicitly request the start of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.
- The consumer is not responsible for the full or partial delivery of non-material digital content, provided that:
- prior to delivery, he has not explicitly agreed to commence compliance with the agreement before the end of the reflection period;
- he has not acknowledged that he has lost his right of withdrawal when giving his permission; or
- Europost has failed to confirm this consumer statement.
- If the consumer makes use of his right of withdrawal, all additional agreements are terminated by law.
Article 9 – Obligations of Europost in the event of withdrawal
- If Europost enables the notification of withdrawal by the consumer electronically, it will immediately send a confirmation of receipt after receiving this notification.
- Europost will reimburse all payments made by the consumer, including any delivery costs charged by Europost for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless Europost offers to collect the product itself, it may wait to pay back until it has received the product or until the consumer proves that it has returned the product, whichever is the earlier.
- Europost uses the same payment method that the consumer used for reimbursement, 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, Europost does not have to reimburse the additional costs for the more expensive method.
Article - Exclusion of right of withdrawal
Europost can exclude the following products and services from the right of withdrawal, but only if Europost has clearly stated this in the offer, at least in time before concluding the agreement:
- Products or services whose price is subject to fluctuations in the financial market over which Europost has no influence and which may occur within the withdrawal period;
- Agreements concluded during a public auction. A public auction is defined as a sales method in which products, digital content and/or services are offered by Europost to the consumer who is personally present or has the opportunity to be personally present at the auction, under the supervision of an auctioneer, and in which the successful the bidder is obliged to purchase the products, digital content and/or services;
- Service contracts, after full execution of the service, but only if:
- implementation has begun with explicit prior consent of the consumer; and
- the consumer has stated that he loses his right of withdrawal as soon as Europost has fully executed the agreement;
- Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed products which for reasons of health protection or hygiene are not suitable to be returned and of which the seal has been broken after delivery;
- Products which, by their nature, are irrevocably mixed with other products;
- Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
- Newspapers or magazines, with the exception of subscriptions to the publication;
- The delivery of digital content other than on a tangible medium, but only if:
- implementation has begun with explicit prior consent of the consumer; and
- The consumer has declared that he loses his right of withdrawal.
Article - The price
- During the period of validity of the offer, the prices of the products and / or services offered will not be increased, except for price changes due to changes in VAT rates.
- Notwithstanding the previous paragraph, Europost may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which Europost has no influence. This liability 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 contract are only allowed if they result from legislation or regulations.
- Price increases from 3 months after the conclusion of the agreement are only permitted if Europost has stipulated this and:
- they are the result of legislation or regulations; whether
- The consumer has the power to cancel the agreement as of the date of the price increase.
- The prices mentioned in the offer of products or services include VAT.
Article - Compliance agreement and additional warranty
- Europost 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 existing on the date of the conclusion of the agreement and/or or government regulations. If agreed, Europost also guarantees that the product is suitable for other than normal use.
- An additional guarantee provided by Europost, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against Europost under the agreement if Europost has failed to fulfill its part of the agreement.
- An additional guarantee means any obligation of Europost, its supplier, importer or manufacturer in which it grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfill his part of the agreement.
Article - Delivery and implementation
- Europost will exercise the utmost 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 provided to Europost.
- Taking into account what is stated in Article 4 of these general terms and conditions, Europost will execute accepted orders expeditiously, but no later than within 30 days, unless a different delivery period has been agreed. If 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 he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to possible compensation.
- After dissolution in accordance with the previous paragraph, Europost will immediately refund the amount paid by the consumer.
- The risk of damage and/or loss of products rests with Europost until the moment of delivery to the consumer or a representative designated in advance and made known to Europost, unless expressly agreed otherwise.
Article - Payment
- Unless otherwise specified in the agreement or additional terms, the amounts owed by the consumer must be paid within 14 days after commencement of the business term, or in the absence of a notice within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this term will commence on the day after the consumer has received the confirmation of the agreement.
- For the sale of consumer products, the consumer must never be obliged to prepay more than 50% in general terms. When prepayment is made, the consumer can not claim any right regarding the execution of the relevant order or service (s) before the prepaid payment has taken place.
- The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to Europost.
- If the consumer does not fulfill his payment obligation(s) on time, he is, after Europost has informed him of the late payment and Europost has granted the consumer a period of 14 days to still fulfill his payment obligations, after If payment is made within this 14-day period, Europost will owe statutory interest on the amount still owed and Europost is entitled to charge extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2.500; 10% on the next € 2.500 and 5% on the next € 5.000 with a minimum of € 40. Europost may deviate from the stated amounts and percentages for the benefit of the consumer.
Article - Complaints Procedure
- Europost has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the performance of the agreement must be submitted fully and clearly described to Europost within a reasonable time after the consumer has discovered the defects.
- Complaints submitted to Europost will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Europost will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
- The consumer must give Europost at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement procedure.
- In case of complaints, a consumer must first contact Europost. If you are not satisfied with the solution or if they cannot be resolved by mutual agreement, you as a consumer can contact Stichting WebwinkelKeur (webwinkelkeur.nl), he will mediate for free. You can check in advance whether Europost has a current membership via https://www.webwinkelkeur.nl/leden/. If a solution has not yet been reached, the consumer has the option of having his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision is binding and both the entrepreneur and the consumer agree with this binding decision. The submission of a dispute to this disputes committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to report complaints via the European ODR platform (http://ec.europa.eu/odr).
Article - Disputes
- Agreements between Europost and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
Article - Additional or deviating provisions
Additional or different provisions of these terms may not be to the detriment of the consumer and should be made available in writing or in such a way that they can be stored on a durable medium by consumers, in an accessible manner.