General Sales Conditions

General terms and conditions

Table of contents:

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The Agreement
Article 6 - Right of withdrawal
Article 7 - 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 right of withdrawal
Article 11 - The price
Article 12 - Compliance and additional guarantee
Article 13 - Delivery and performance
Article 14 - Duration transactions: duration, termination and renewal
Article 15 - Payment
Article 16 - Complaints Mechanism
Article 17 - Disputes
Article 18 - Additional or different provisions

Article 1 - Definitions

For the purposes of these terms and conditions:

1. Additional agreement: an agreement in which the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
2. Withdrawal period: the period within which the consumer may exercise his right of withdrawal;
3. Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Perpetual agreement: an agreement for the regular supply of goods, services and/or digital content during a certain period of time;
7. Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation or use for a period of time that is tailored to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
8. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services at a distance to consumers;
10. Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and / or services, up to and including the conclusion of the contract exclusively or jointly use one or more means of distance communication;
11. Model withdrawal form: the European model withdrawal form as set out in Annex I to these conditions. Annex I need not be made available if the consumer does not have a right of withdrawal with regard to his order;
12. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.

Article 2 - Identity of the entrepreneur

Tulip Experience Amsterdam

Delfweg 37

2211 VK  Noordwijkerhout

The Netherlands

E-mailadres: [email protected]

Chamber of Commerce number: 75860392

VAT identification number: NL860423190B01

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will, before the remote agreement is concluded, indicate how the general terms and conditions can be viewed by the entrepreneur and that they will be sent to the consumer as soon as possible free of charge at the consumer's request.
3. If the distance contract is concluded electronically, contrary to 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 it on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance contract, it will be indicated from where the general terms and conditions can be viewed electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis and the consumer may always invoke the applicable provision that is most favourable to him in the event of conflicting terms and conditions.

 Article 4 - The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description shall be sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the offered products, services and/or digital content. Obvious mistakes or apparent errors in the offer are not binding for the entrepreneur.
3. Each offer shall contain such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer.
4. The use of the information on this website is free of charge as long as you do not copy, distribute or otherwise use or misuse this information. You may only re-use the information on this website in accordance with the regulations of mandatory law. Without the express written permission of Tulip Experience Amsterdam it is not permitted to re-use text, photographs or other materials on this website. The intellectual property belongs to Tulip Experience Amsterdam.

 Article 5 - The Agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. 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 secure web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can, within the legal framework, inform himself 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, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
5. At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will send the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
6. The visiting address of the establishment of the entrepreneur to which the consumer can turn with complaints;
7. the conditions under which and the way in which the consumer may exercise the right of withdrawal or a clear indication of the exclusion of the right of withdrawal;
8. information on warranties and existing after-sales service;
9. the price including all taxes of the product, service or digital content; to the extent applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
10. the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration;
11. If the consumer has a right of withdrawal, the model withdrawal form.
12. In the case of an enduring transaction, the provision of the previous paragraph shall only apply to the first delivery.

Article 6 - Right of withdrawal

For products:

1. The consumer can dissolve an agreement with regard to the purchase of a product during a reflection period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason of withdrawal, but does not oblige the consumer to state his reason(s).
2. The cooling-off period referred to in paragraph 1 shall begin on the day after the consumer, or a third party other than the carrier and indicated in advance by the consumer, has received the product, or:
3. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order of multiple products with a different delivery time.
4. if the delivery of a product consists of several consignments or parts: the day on which the consumer, or a third party designated by him, received the last consignment or part;

1. in the case of contracts for regular delivery of products over a given period: the day on which the consumer, or a third party designated by him, receives the first product.

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

1. During the reflection 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 the product as he would be allowed to do in a shop.
2. The consumer shall only be liable for any reduction in the value of the product resulting from a handling of the product which goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any reduction in the value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the contract.
   
   

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

1. If the consumer makes use of his right of withdrawal, he shall report this to the entrepreneur within the reflection period by means of the model withdrawal form or in another unambiguous manner.
2. 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 authorised representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the reflection period has expired.
3. The consumer returns the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer shall bear the direct costs of returning the product. If the entrepreneur has not reported that the consumer has to bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs of returning the product.
6. If the consumer withdraws after having first explicitly requested that the provision of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or certain quantity starts during the cooling-off period, the consumer owes the entrepreneur an amount that is proportional to that part of the commitment that the entrepreneur has fulfilled at the time of withdrawal, compared to the full fulfilment of the commitment.
7. If the consumer exercises his right of withdrawal, all ancillary contracts shall be automatically rescinded.

 Article 9 - Obligations of the entrepreneur in case of withdrawal

1. If the entrepreneur allows the consumer to revoke electronically, he will send a confirmation of receipt without delay after receipt of this notification.
2. The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait until he has received the product or until the consumer demonstrates that he has returned the product, whichever time is earlier.
3. The entrepreneur uses the same means of payment that the consumer has used for the refund, unless the consumer agrees to another method. The refund is free of charge for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of 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 time for the conclusion of the agreement:

1. Products or services of which the price is linked to fluctuations in the financial market that are beyond the Entrepreneur's control and which may occur within the revocation period;
2. Products made to consumer specifications, which are not prefabricated and which are made on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
3. Products that spoil quickly or have a limited shelf life;
4. Products which, due to their nature, have been irrevocably mixed with other products after delivery.

 Article 11 - The price

1. During the period of validity 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.
2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and on which the entrepreneur has no influence, with variable prices. These fluctuations and the fact that any prices quoted are target prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this:

a. they are the result of statutory regulations or provisions; or

b. the consumer has the right to terminate the contract from the day on which the price increase takes effect.

1. The prices mentioned in the offer of products or services are inclusive of VAT.

 Article 12 - Fulfilment of agreement and additional guarantee

1. The entrepreneur guarantees that the products and/or services meet 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 of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfil his part of the agreement.
3. By extra guarantee is meant any commitment of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to in case he has failed in the fulfilment of his part of the contract.

 Article 13 - Delivery and performance

1. The entrepreneur will take the greatest possible care in receiving and executing orders for products and in assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has given to the entrepreneur.
3. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders expeditiously but at the latest within 30 days, unless a different delivery period has been agreed upon. If the delivery is delayed, or if an order cannot be carried out or can only be carried out partially, the consumer will be informed of this within 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a representative appointed in advance and announced to the entrepreneur, unless explicitly agreed otherwise.

 Article 14 - Duration transactions: duration, termination and renewal

Termination:

1. The consumer may terminate an open-ended contract for the regular supply of products or services at any time, subject to the agreed termination rules and a notice of up to one month.
2. The consumer may terminate a fixed-term contract for the regular supply of products or services at any time at the end of the fixed-term, subject to agreed termination rules and a maximum notice period of one month.
3. The consumer may conclude the contracts referred to in the previous paragraphs:

- terminate at all times and not be limited to termination at a certain time or in a certain period; 
- at least terminate in the same way as they have been entered into by the entrepreneur; 
- always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension:

1. A fixed-term contract for the regular supply of products or services may not be tacitly extended or renewed for a fixed period.
2. A fixed-term contract for the regular delivery of products or services may only be tacitly renewed for an indefinite period of time if the consumer may terminate the contract at any time by giving not more than one month's notice. The period of notice shall not exceed three months if the contract is for the regular supply of daily or weekly newspapers, newspapers, magazines and periodicals, but less than once a month.

Duration:

1. If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice of up to one month, unless the reasonableness and fairness dictate otherwise.

 Article 15 - Payment

1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid via our secure payment provider, which offers you the various payment options.
2. The consumer has the duty to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.
3. If the consumer does not meet his payment obligation(s) on time, he shall owe the statutory interest on the amount still due after he has been notified of the late payment by the proprietor and the proprietor has granted the consumer a period of 14 days to still meet his payment obligations, after payment has not been made within this 14-day period, and the proprietor shall be entitled to charge any extrajudicial collection costs he has incurred. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000 with a minimum of € 40. The entrepreneur can deviate from the amounts and percentages mentioned for the benefit of the consumer.

 Article 16 - Complaints Mechanism

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur completely and clearly described within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
4. The consumer should give the entrepreneur at least 4 weeks to solve the complaint in mutual consultation. After this period, a dispute will arise which is subject to dispute resolution.

  Article 17 - Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply, are exclusively governed by Dutch law.

 Article 18 - Additional or different provisions

Additional provisions or provisions deviating from these General Terms and Conditions may not be to the Consumer's detriment and must be recorded in writing or in such a way that the Consumer can store them in an accessible manner on a durable data carrier.