Terms and conditions

Terms and conditions

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 - Additional or deviating provisions

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 arrangement 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 aimed at the regular delivery of goods, services and/or digital content over a specific period;
Durable medium: any instrument - including email - that enables the consumer or the 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 purposes of the information 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 and products that offers (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 sale of products, digital content and/or services, whereby up to and including the conclusion of the agreement exclusive or partly use is made of one or more techniques for distance communication;
Model withdrawal form: the European model withdrawal form. Annex I does not need to be provided if the consumer does not have a right of withdrawal in relation to their order;
Distance communication technology: a means by which a contract can be concluded without the consumer and the trader having to be in the same place at the same time.

Article 2 - Identity of the entrepreneur

Evolize
Semerustraat 9
1448BZ Purmerend

Email: info@evolize.nl
KvK: 72587474
VAT: NL002304578B90

Article 3 - Applicability

These general terms and conditions apply to every offer from the
entrepreneur and on every distance contract concluded between entrepreneur and 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 how the general terms and conditions can be consulted at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon 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, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge 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 may, in the event of conflicting
always rely on the applicable provision that is most favorable to him.

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 errors in the offer are not binding on the entrepreneur. Each offer contains such information that it is clear to the consumer what the offer entails.
rights and obligations that are attached to the acceptance of the offer
connected.

Article 5 - The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.
If the consumer has accepted the offer electronically,
The entrepreneur immediately confirms receipt of acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may cancel the agreement.
If the agreement is concluded electronically, the entrepreneur
appropriate technical and organizational measures to secure the electronic transfer of data and he ensures a secure web environment.
If the consumer can pay electronically, the entrepreneur will do so
take appropriate safety measures.
The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all the facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the contract, they are entitled to refuse an order or request with reasons or to impose special conditions on its execution.
The entrepreneur will send the following information 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 data carrier, at the latest upon delivery of the product, service or digital content:
• the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
• the conditions under which and the manner in which the consumer can
can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• the information about guarantees and existing after-sales service;
• 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;
• the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
• if the consumer has a right of withdrawal, the model withdrawal form.
In the case of a long-term transaction, the provision in the previous paragraph only applies
applicable to the first delivery.

Article 6 - Right of withdrawal

For products:

The consumer can cancel a contract regarding the purchase of a product within a cooling-off period of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for cancellation, but is not obligated to state their reason(s).
The reflection 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, received the last product. The entrepreneur may refuse an order for multiple products with different delivery times, provided that the entrepreneur has clearly informed the consumer of this prior to the ordering process.
• if the delivery of a product consists of several shipments or
parts: the day on which the consumer, or a party designated by him
third, has received the last shipment or the last part;
• in the case of agreements for regular delivery of products during a specific period: the day on which the consumer, or a party designated by him,
designated third party has received the first product.
For services and digital content not supplied on a tangible medium:
The consumer can cancel a service agreement or a contract for the supply of digital content not delivered on a tangible medium within 14 days without giving any reason. The trader may ask the consumer for the reason for cancellation, but may not oblige them to state their reason(s).
The reflection period referred to in paragraph 3 commences on the day following the conclusion of the agreement.
Extended reflection period for products, services and digital content not delivered on a tangible medium if no information is provided about the right of withdrawal:
If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the withdrawal period will expire twelve months after the end of the original,
reflection period determined in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original reflection period, the reflection period will expire 14 days after the day on which the consumer received that information.

Article 7 - Obligations of the consumer during the cooling-off period

During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and
inspect as he would be allowed to do in a shop.
The consumer is only liable for any diminished value of the product resulting from the handling of the product in a way that goes beyond what is permitted in paragraph 1.
The consumer is not liable for any diminished value of the product if the trader has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

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 must return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product itself. The consumer has in any case complied with the return period if they return the product before the cooling-off period has expired.
The consumer returns the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the
The right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product. If the business indicates they will bear the costs themselves, the consumer does not have to bear the return costs.
If the consumer revokes after having first expressly requested that the performance of the service or the supply of gas, water or electricity that have not been made ready for sale in a limited volume or specific quantity commence during the cooling-off period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation that the entrepreneur has already fulfilled at the time of revocation, compared with the full fulfilment of the obligation.
The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
• the entrepreneur provides the consumer with the legally required information about the
the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model withdrawal form has not been provided, or;
• the consumer has not expressly requested the commencement of the performance of the
service or supply of gas, water, electricity or district heating requested during the cooling-off period.
The consumer shall not bear any costs for the full or partial supply of digital content not supplied on a tangible medium if:
• he has not expressly agreed, prior to delivery, to the commencement of performance of the agreement before the end of the cooling-off period;
• he has not acknowledged that he loses his right of withdrawal by giving his consent; or
• the entrepreneur has failed to receive this statement from the consumer
to confirm.
If the consumer exercises his right of withdrawal, all
supplementary agreements dissolved by operation of law.

Article 9 - Obligations of the entrepreneur in case of withdrawal

If the entrepreneur receives the notification of withdrawal from the consumer on
If the notification is made electronically possible, he shall immediately send an acknowledgement of receipt after receiving this notification.
The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay, but within 14 days of the day on which the consumer notified them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may withhold reimbursement until they have received the product or until the consumer proves they have returned the product, whichever is earlier.
The entrepreneur uses the same payment method for reimbursement that the
consumer has 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 delivery method than the cheapest standard delivery, the entrepreneur is not obliged 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:

Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur 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 the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the supervision of an auctioneer, and in which the successful bidder is obligated to purchase the products, digital content, and/or services;
Service agreements, after full performance of the service, but only if:
• the performance has begun with the consumer's express prior consent; and
• the consumer has stated that he will lose his right of withdrawal once the entrepreneur has fully performed the agreement;
Package travel as referred to in Article 7:500 of the Dutch Civil Code and agreements of
passenger transport;
Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, the transport of goods, car rental services and catering;
Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance thereof;
Products manufactured according to consumer specifications that do not
are prefabricated and manufactured on the basis of an individual choice or decision by the consumer or are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products which are not suitable for return for reasons of health protection or hygiene and were broken after delivery;
Products which after delivery are irreversibly mixed with other products by their nature;
Alcoholic beverages, the price of which has been agreed upon at the time the contract is concluded, but the delivery of which can only take place after 30 days and the actual value of which depends on market fluctuations
over which the entrepreneur has no influence;
Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
Newspapers, periodicals or magazines, except for subscriptions to these;
The supply of digital content other than on a tangible medium, but only if:
• the performance has begun with the consumer's express prior consent; and
• the consumer has stated that he thereby loses his right of withdrawal.

Article 11 - 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 due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market over which the entrepreneur has no control. This subjection to fluctuations and the fact that any stated prices are target prices will be 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:
• these are the result of statutory regulations or provisions; or
• the consumer has the authority to cancel the agreement with
effective from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.

Article 12 - Compliance with the agreement 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 usability and the legal provisions and/or government regulations in force on the date the agreement is concluded.
If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
An additional guarantee provided by the entrepreneur, its supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfil its part of the agreement.
An extended warranty is understood to mean any obligation of the entrepreneur, its supplier, importer or manufacturer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to do in the event that it has failed to fulfil its part of the agreement.

Article 13 - Delivery and execution

The entrepreneur 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 the entrepreneur.
Taking into account what is stated in Article 4 of these general terms and conditions,
If the terms and conditions are stated, the entrepreneur 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 receive notification of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement.
to terminate without costs and without the right to any compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will pay the amount that the
consumer has paid will be refunded without delay.
The risk of damage and/or loss of products rests with the
entrepreneur until the moment of delivery to the consumer or a pre-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 concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, taking into account the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement concluded for a definite period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, taking into account the agreed termination rules and a notice period of no more than one month.
The consumer may, in the agreements referred to in the previous paragraphs:
• cancel at any time and not be limited to cancellation at a specific time or during a specific period;
• at least cancel in the same manner as they were entered into by him;
• always cancel with the same notice period as the entrepreneur has stipulated for himself.
Extension:
An agreement entered into for a fixed period and which provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
By way of exception to the previous paragraph, an agreement concluded for a fixed period and aimed at the regular delivery of daily newspapers, weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer can cancel this extended agreement at the end of the extension period with a notice period of up to one month.
A fixed-term agreement for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement concerns the regular, but less than monthly, delivery of daily newspapers, weekly newspapers, and magazines.
A limited-term agreement for the regular delivery of daily newspapers, news and weekly newspapers and magazines (trial or
introductory subscription) is not automatically 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 oppose termination before the end of the agreed duration.

Article 15 - Payment

Unless otherwise stated in the agreement or additional
Under these terms and conditions, amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or, in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer receives confirmation of the agreement.
When selling products to consumers, the general terms and conditions may never obligate the consumer to pay more than 50% in advance. If an advance payment is agreed upon, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the agreed advance payment has been made.
The consumer has the duty to correct any inaccuracies in information provided or stated
to report payment details to the entrepreneur without delay.
If the consumer fails to meet their payment obligation(s) on time, after the entrepreneur has notified them of the late payment and has granted the consumer a period of 14 days to meet their payment obligations, if payment is not made within this 14-day period, the consumer will owe statutory interest on the outstanding amount, and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by them. 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. The entrepreneur may deviate from the stated amounts and percentages to the consumer's advantage.

Article 16 - Complaints procedure

The entrepreneur has a sufficiently well-known 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 fully and clearly described within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.
The consumer must give the entrepreneur at least four weeks to resolve the complaint amicably. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 17 - Additional or deviating provisions

Additional or deviating provisions 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 data carrier.