General terms and conditions

Article 1 – The Webshop

1.1 These are the general terms and conditions of:

Stichting ingehaakt

Piet Heinstraat 12

7511 JE Enschede
The Netherlands
T (061) 070-8211
E info@ingehaakt.nl
Chamber of Commerce 85861294
VAT number NL863771658B01

1.2 To keep these terms and conditions understandable, the following terms have a fixed meaning:

Term	Meaning:
Consumer	The Customer who acts for purposes outside their business or professional activity
Right of Withdrawal	The right of a Consumer to dissolve a distance contract or an off-premises contract without stating reasons, as referred to in article 230o of the Civil Code
Customer	Anyone (including legal entities) who enters into an Agreement with the Webshop;
Agreement	Any contractual relationship between The Webshop and the Customer;
Webshop	The party named in article 1.1.

1.3 In these general terms and conditions, the Webshop and the Customer are jointly referred to as "We" or "Us". The terms "You" and "Your" refer to the Customer.

Article 2 – Applicability

2.1 These general terms and conditions apply to every offer made by The Webshop and to every Agreement between You and the Webshop. General terms and conditions that You yourself use are not applicable. This only applies if the Webshop has confirmed this to You in writing and explicitly.

2.2 If anything in these general terms and conditions is "void" or "can be annulled", all other provisions will remain in force. In that case, We will jointly make new arrangements that replace the void or annullable provisions. The intention of the new provision(s) must resemble the intention of the original provision(s) as much as possible.

2.3 If anything in the Agreement deviates from these general terms and conditions, then what is stated in the Agreement applies. In this way, we can also make arrangements that deviate from what is stated in these general terms and conditions. However, arrangements that deviate from what is stated in these general terms and conditions only apply if the Webshop has confirmed this to You in writing and explicitly.

Article 3 – Offers

3.1 Every offer from The Webshop is non-binding and You can accept it within the period stated in the offer. If you do not do so, the offer expires. If no period is stated, a period of 14 days applies. It is not possible to only partially accept or reject an offer from The Webshop. In that case too, the (entire) offer expires.

3.2 The Webshop ensures that an offer accurately and completely describes the products and/or (digital) content and services to which the offer relates. If the offer contains graphic elements (such as images or videos), these provide a
true representation of those products and/or (digital) content and services.

3.3 If an offer contains an obvious mistake or error (such as a typing error or calculation error), the Webshop is not bound by the offer.

Article 4 – Execution of the Agreement and delivery

4.1 You have an Agreement with The Webshop from the moment You have accepted the Webshop's offer and have met the requirements stated by the Webshop. You will receive a confirmation of this from the Webshop within a reasonable period after the conclusion of the Agreement, in any case upon delivery of the goods, or before the service is performed. This confirmation includes:

- all information referred to in Article 230m paragraph 1 BW, unless You have already received this from the Webshop on a durable data carrier before the conclusion of the Agreement;

- insofar as applicable: the confirmation of the explicit prior consent and the declaration referred to in Article 230p part g BW;

As long as You have not yet received the aforementioned confirmation, You may dissolve the Agreement.

4.2 The Webshop will do its best to execute the Agreement as carefully and quickly as possible and to deliver the orders placed by You as quickly as possible. The Webshop will do so in any case within 30 days after the Agreement has been concluded, unless a different delivery period has been agreed upon. If the Webshop is unable to deliver within that period, You may dissolve the agreement.

4.3 Deliveries will be made to the address You have provided to the Webshop. If that address is outside the Netherlands, the Webshop has the right to refuse Your order, without the Webshop being liable for damages.

4.4 The Webshop carefully determines who within its organization is designated to execute the Agreement. The Webshop may also engage third parties for this purpose, such as sub-contractors and/or auxiliaries. The party that the Webshop engages for the delivery of ordered products will be made known to You in advance. If products are lost or damaged during delivery, this is at the risk of the Webshop. This is only different if You have explicitly agreed otherwise with the Webshop.

4.5 All data that the Webshop has indicated as necessary for the execution of the Agreement or that You should reasonably understand to be necessary, You must provide to the Webshop in a timely manner. If You do not do so, the Webshop may, among other things, suspend the execution of the Agreement. In addition to the right to suspend the Agreement, the Webshop may (continue to) exercise any other rights it may have.

Article 5 – Prices

5.1. Are You a Consumer? Then the prices and rates stated by the Webshop include surcharges, levies and taxes (such as VAT) and include additional costs (such as any shipping costs and administration costs). If You are not a Consumer, the starting point is that the prices are stated exclusive of VAT and other levies, unless explicitly stated otherwise with the price.

5.2. Products and/or services whose price is subject to fluctuations in the financial market(s) and over which the Webshop has no influence, the Webshop may offer at variable prices. The Webshop will clearly state this with the price.

5.3. The Webshop has the right to implement price changes within 3 months after the Agreement has been concluded, insofar as these are the result of a change in laws and regulations. If more than 3 months have passed after the Agreement has been concluded, the Webshop also has the right to pass on increases in delivery, transport, shipping, call-out, and administration costs to You.

5.4. If You are a Consumer, in the event of the price increases referred to in Article 5.3, You have the right to dissolve the Agreement. If You are not a Consumer, You only have the right to dissolve the agreement if the increase exceeds 5% of the agreed total price, unless the Webshop offers to bear the price difference (insofar as it exceeds the aforementioned 5%).

Article 6 – Payment

6.1. You are obliged to pay invoices from the Webshop within 14 days after the conclusion of the Agreement, unless You have agreed otherwise with the Webshop. Are You a Consumer? Then the Webshop may not, by law, oblige You to pay more than 50% of the price in advance.

6.2. If You are a Consumer, You will only be in default with the fulfillment of payment obligations if the Webshop has given You a notice of default and has granted a reasonable period of at least 14 days (commencing on the day after receipt of the aforementioned notice of default) to still meet Your payment obligations and You have not paid within that 14-day period. In that case, You will also owe statutory interest and reimbursement of extrajudicial collection costs. The extrajudicial collection costs amount to (with a minimum of € 40,-):

- 15% on outstanding amounts up to € 2,500,-;

- 10% on the subsequent € 2,500,-;

- 5% on the subsequent € 5,000,-;

- 1% on the subsequent € 190,000,-;

- 0.5% on the remainder.

6.3. If You are not a Consumer, You may not set off, suspend and/or mitigate payments to the Webshop, and You will be immediately in default if You have not made a payment to the Webshop on time. In that case, the Webshop also has the right to charge statutory commercial interest from the due date of the invoice until the day You have paid in full. For this, the Webshop does not first have to demand payment or give notice of default. The Webshop can also (continue to) exercise all its other rights against You.

6.4. Payments made by You will first be deducted from outstanding interest and costs. Subsequently, from the due invoices that have been open the longest.

6.5. In case of liquidation, dissolution, bankruptcy or moratorium of the Customer and if the Customer wholly or partially loses free management or free disposal of its assets, the (payment) obligations of the Customer are immediately due and payable.

Article 7 – Guarantees

7.1. The Webshop ensures that the products and/or services it provides to You comply with the Agreement. This means, among other things, that those products and/or services correspond to what You could reasonably expect based on the type of item and the statements the Webshop has made about it. For example, with regard to quantities, the size and/or weight of a product. The products and/or services that the Webshop provides to You also comply with the laws and regulations applicable at the time the Agreement is concluded. If You are not a Consumer, the Webshop may make different or additional agreements with You.

7.2. If You are a Consumer, any additional guarantees that the Webshop has provided to You will never limit the legal rights of consumers. You can therefore always make use of Your legal (consumer) rights.

Article 8 - Intellectual property rights

8.1. The intellectual property rights, including the copyrights to all offers, designs, images, drawings and models that the Webshop provides to You, remain the property of the Webshop, unless the Webshop has agreed otherwise with You in writing and explicitly. Documents, data and materials that the Webshop provides to You are also only intended for You to use as a Customer and You may not reproduce, publish or disclose them to third parties, without prior written permission from The Webshop, unless the nature of those documents, data and materials implies otherwise.

Article 9 – Right of Withdrawal

9.1. If You are a Consumer and there is a distance contract or off-premises contract (as referred to in article 6:230g of the Dutch Civil Code), You can make use of the Right of Withdrawal. This means that You can dissolve the Agreement without stating reasons within a period of 14 days. This 14-day period starts at the following moments:

a. in the case of an Agreement relating to the purchase of a movable item:

On the day on which You or a third party designated by You (who is not the carrier) has received the product, unless:

- The same order consists of multiple items that are delivered separately, or the delivery consists of different shipments or parts. In that case, the day on which (respectively) the last item, shipment or part was received by You or a third party designated by You (who is not the carrier) applies;

- the Agreement concerns the regular delivery of products over a certain period, in which case the day on which the first item was received by You or a third party designated by You (who is not the carrier) applies;

b. in the case of an agreement for the provision of services:

On the day on which the Agreement was concluded.

c. in the case of an agreement for the supply of water, gas or electricity, which are not made ready for sale in a limited volume or in a specific quantity, of district heating or of digital content, other than on a digital carrier:
On the day on which the Agreement was concluded.

9.2. To make use of the Right of Withdrawal, You must inform The Webshop with an unambiguous statement that You are exercising the Right of Withdrawal. You can use the withdrawal form that You receive from the Webshop for this purpose. You will also find the withdrawal form as an appendix to these general terms and conditions. You must send the statement before the period referred to in article 9.1 has expired.

9.3. If You have not yet received the withdrawal form from the Webshop, the 14-day period referred to in paragraph 1 of this article will be extended until the moment You have received the withdrawal form (yet), but no later than twelve months.

9.4. If You make use of the Right of Withdrawal, You must:

- handle all received items and their packaging with care. You may only unpack or use those items (products) to the extent necessary to ascertain the nature, characteristics and functioning of the item. If You handle the item in a different way, You are liable for any reduction in value of the item caused thereby, unless the Webshop has not provided You with all legally required information about the Right of Withdrawal before or at the conclusion of the Agreement;

- return the item (product) to the Webshop within 14 days calculated from the day after the day on which You made the statement referred to in article 9.2.

The direct costs of returning an item are for Your account, but only if the Webshop informed You about this before concluding the Agreement.

- return the item as much as possible with all delivered accessories, in its original condition and packaging and according to the instructions that the Webshop has reasonably and clearly provided to You.

9.5. If You exercise the Right of Withdrawal, the Agreement will be dissolved. This also applies to any additional Agreements. In that case, the Webshop will refund the payments You have made to the Webshop, including any costs (for example for delivery). The Webshop will do this in any case within 14 days after the day on which You made the statement referred to in article 9.2.

9.6. You bear the risk and the burden of proof for the correct and timely exercise of the Right of Withdrawal.

Article 10 – Exclusion of right of withdrawal

10.1. If you are not a Consumer, you cannot exercise the Right of Withdrawal. Even if you have received a withdrawal form.

10.2. If you are a Consumer, you cannot—notwithstanding Article 9—exercise the Right of Withdrawal if:

- the Webshop has excluded the Right of Withdrawal AND

- the Webshop clearly informed you of the exclusion of the Right of Withdrawal before the conclusion of the Agreement, AND

- the excluded Right of Withdrawal pertains to:

- an Agreement where the price of the goods or services is subject to fluctuations in the financial markets over which the Webshop has no influence and which may occur within the withdrawal period;

- an Agreement where you have specifically requested the Webshop to visit you to perform urgent repairs or maintenance, with the exception of:

- additional services that you have not expressly requested;

- the delivery of goods other than those necessary to perform the maintenance or repairs;

- an Agreement concluded during a public auction;

- an Agreement for the provision of services, after performance of the Agreement, and insofar as the Agreement entails a payment obligation for you, if:

- the performance has commenced with your express prior consent; AND

- you have declared to waive the Right of Withdrawal as soon as the Webshop has performed the Agreement;

- an Agreement for the provision of services for accommodation other than for residential purposes, goods transport, car rental services, catering, and services related to leisure activities, if the agreement provides for a specific date or period of performance;

- a consumer purchase (as referred to in Article 5 paragraph 1, part a, of Book 7 of the Civil Code) regarding:

- the delivery of goods manufactured according to your specifications, which are not prefabricated AND which are manufactured based on an individual choice or decision by you, or which are clearly intended for a specific person;

- the delivery of goods that spoil quickly or have a limited shelf life;

- the delivery of goods that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;

- the delivery of goods that are, by their nature, irrevocably mixed with other goods after delivery;

- the delivery of alcoholic beverages whose price was agreed upon at the conclusion of a consumer purchase, but whose delivery can only take place after thirty days, and whose actual value depends on market fluctuations over which the Webshop has no influence;

- the delivery of audio and video recordings and computer software whose seal has been broken after delivery;

- the delivery of newspapers, periodicals, or magazines, with the exception of an agreement for the regular delivery of such publications;

- an agreement for the supply of digital content not supplied on a tangible medium insofar as the performance has commenced, and insofar as the Agreement entails a payment obligation for you, if:

- the performance has commenced with your express prior consent;

- you have declared that you thereby waive the Right of Withdrawal; and

- the Webshop has provided a confirmation as referred to in Article 230t paragraph 2, or Article 230v paragraph 7 of Book 6 of the Civil Code.

Article 11 – Termination

11.1. If the Agreement can be terminated, the termination must occur in accordance with the termination rules and notice period that you have agreed upon with the Webshop.

11.2. If you are a Consumer, the following rules and periods apply to terminations. The Webshop may not deviate from these to your detriment as a Consumer:

- If the Agreement has been entered into for an indefinite period and concerns the regular delivery of goods, including electricity, heating, and cooling, or the regular performance of services, you have the right to terminate the Agreement at any time.

- If the Agreement has been entered into for a definite period and concerns the regular delivery of goods, including electricity, heating, and cooling, or the regular performance of services, you have the right to terminate the Agreement at the end of the (definite) term. However, if that Agreement has been tacitly renewed, you may terminate the Agreement at any time.

- The notice period is a maximum of one month, unless the Agreement concerns the regular delivery of magazines, daily, news, and/or weekly newspapers, where the delivery occurs less than once a month. In that case, the notice period is a maximum of three months.

- If the Agreement has been entered into for a definite period and concerns the regular delivery of goods, including electricity, heating, and cooling, or the regular performance of services, the Agreement may not be tacitly extended or renewed for a definite period, unless the Agreement concerns the regular delivery of magazines, daily, news, and/or weekly newspapers. In the latter case, the Agreement may be tacitly extended for a definite period of a maximum of three months, and you have the right to terminate the Agreement at the end of the extension with a notice period of a maximum of one month.

- An Agreement for the delivery of magazines, daily, news, and/or weekly newspapers that has a limited duration and is intended for acquaintance (a trial subscription), will not be tacitly continued and automatically ends (without termination) at the end of the (limited) duration of the Agreement (the trial period).

- Any Agreement that lasts longer than one year may be terminated by you at any time after the first year, unless reasonableness and fairness prevent termination before the end of the agreed term.

11.3. If you are not a Consumer, you may only terminate the Agreement if this is expressly stipulated in the Agreement and according to the termination rules and notice periods specified therein.

Article 12 – Personal data

12.1. The Webshop processes personal data only in accordance with applicable laws and regulations. This means, among other things, that:

- the webshop only processes personal data insofar as such processing can be based on one of the grounds from Article 6 of the General Data Protection Regulation (GDPR);

- the Webshop ensures appropriate technical and organizational measures to properly secure the personal data it processes;

- the Webshop will only share personal data with third parties if this is compatible with the purpose for which the data was collected and if all (other) legal requirements applicable to the sharing of personal data have been met;

- personal data will not be retained longer than necessary for the purposes for which they were collected, unless the Webshop is legally obliged to retain the data longer;

- you have, among other things, the right to inspect, correct, have deleted, restrict the processing of, object to the processing of, or—if applicable—transfer your personal data;

Article 13 – Complaints

13.1. The Webshop has a clear complaint procedure. The Webshop handles every complaint according to this complaint procedure.

13.2. If you have a complaint about the performance of the Agreement, you must submit it fully and clearly described to the Webshop within two months after you discovered the defect.

13.3. The Webshop will respond as much as possible within 14 days of receiving the complaint. If a complaint requires a longer processing time, you will receive an acknowledgment of receipt within the aforementioned 14-day period, which will at least indicate when you can expect a more extensive answer.

13.4. For complaints, you should always first contact the Webshop and investigate whether the Webshop can offer you a suitable solution. If the Webshop is affiliated with WebwinkelKeur and the parties cannot resolve the issue amongst themselves, you can turn to WebwinkelKeur (www.webwinkelkeur.nl). WebwinkelKeur mediates free of charge. You can check if the Webshop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/.

13.5. If the mediation by WebwinkelKeur does not lead to a solution, you can also submit the complaint to the independent disputes committee designated by WebwinkelKeur. If you choose to do so, costs may be charged to you.

Article 14 – Applicable law and forum selection

14.1. The Agreement is exclusively governed by Dutch law.

14.2. In addition to the possibility of using the complaint procedure described in Article 13, you can submit disputes to the court. In such cases, the court of the district where the Webshop is located has jurisdiction to hear the dispute, to the exclusion of other competent judicial bodies and arbitration. Unless, based on a mandatory legal provision, a court in another location has jurisdiction.

Appendix 1: Model withdrawal form:

Withdrawal form

(only fill in and return this form if you wish to withdraw from the agreement)

- To:

Stichting ingehaakt

Piet Heinstraat 12

7511 JE, Enschede, The Netherlands

info@ingehaakt.nl

- I/We (*) hereby notify you that I/we (*) withdraw from my/our (*) contract of sale of the following goods/provision of the following service (*)

- Ordered on (*)/Received on (*):

- Name(s) of Consumer(s):

- Address of Consumer(s):

- Signature of Consumer(s) (only when this form is submitted on paper)

- Date:

– End –