Terms of service

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 – The Price
Article 7 – Compliance and Additional Warranty
Article 8 – Delivery and Execution
Article 9 – Duration Transactions: Duration, Termination, and Renewal
Article 10 – Payment
Article 11 – Complaint Procedure
Article 12 – Disputes
Article 13 – Additional or Deviating Provisions

Article 1 – Definitions

In these conditions, the following terms shall have the following meanings:
1. Supplementary Agreement: An agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract and these products, 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. Cooling-off Period: The period during which the consumer can exercise their right of withdrawal;
3. Consumer: The natural person who does not act for purposes related to their trade, business, craft, or profession;
4. Day: Calendar day;
5. Digital Content: Data that is produced and delivered in digital form;
6. Duration Agreement: An agreement that extends to the regular delivery of goods, services, and/or digital content for a certain period;
7. Durable Medium: Any means, including e-mail, that enables the consumer or entrepreneur to store information that is addressed to them personally in a way that allows for future reference or use during a period appropriate to the purpose of the information and that allows for the unaltered reproduction of the stored information;
8. Right of Withdrawal: The option for the consumer to opt out of 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 to consumers remotely;
10. Distance Contract: A contract concluded between the entrepreneur and the consumer within the framework of an organized system for the remote sale of products, digital content, and/or services, whereby up to and including the conclusion of the contract, one or more means of distance communication are used exclusively or partially;
11. Model Withdrawal Form: The European model withdrawal form included in Annex I of these conditions. Annex I does not need to be provided if the consumer does not have a right of withdrawal with respect to their order;
12. Technology for Distance Communication: Means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same space at the same time.

Article 2 – Identity of the Entrepreneur

Company Name: Cerfola Europe B.V.
Trading as: Cerfola
Registered Address: Neerloopweg 10, 4814 RS Breda
Phone Number: +31 6 42 34 82 44
Email Address: info@cerfola.com
Chamber of Commerce Number: 87155087
VAT Number: NL001670418B50

Article 3 – Applicability

1. These general conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general 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 conditions can be viewed at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, the text of these general conditions can, in deviation from the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
4. If specific product or service conditions apply in addition to these general conditions, the second and third paragraphs apply correspondingly, and in the event of conflicting conditions, the consumer may always invoke the applicable provision that is most favorable to them.

Article 4 – The Offer

1. If an offer is subject to a limited period of validity or 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 is sufficiently detailed to enable the consumer to make a good assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products, services, and/or digital content offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
3. Every offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer.

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 therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the 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 transmission of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur may, within legal frameworks, gather information about whether the consumer can meet their 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 reasons not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the execution.
5. The entrepreneur will send the following information to the consumer, in writing or in such a way that the consumer can store it on an accessible durable medium, at the latest at the time of delivery of the product, service, or digital content:
a. the visiting address of the entrepreneur's establishment where the consumer can submit complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about guarantees and existing after-sales services;
d. 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 execution of the distance contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – The Price

1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence. These fluctuations and the fact that any prices stated are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
a. these are the result of legal regulations or provisions; or
b. the consumer has the authority to terminate the agreement from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.

Article 7 – Compliance Agreement and Additional Warranty

1. The entrepreneur ensures 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 and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
2. Any additional 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 based on the agreement if the entrepreneur has failed to fulfill his part of the agreement.
3. Additional guarantee means any commitment by the entrepreneur, his supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what is legally required in case they have failed to fulfill their part of the agreement.

Article 8 – Delivery and Execution

1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. With due observance of what is stated in Article 4 of these general conditions, the entrepreneur will execute accepted orders with competent speed but no later than within 30 days, unless a different delivery period has been agreed upon. If the delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed of this no later than 30 days after they placed the order. In that case, the consumer has the right to dissolve the agreement without costs 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 until the moment of delivery to the consumer or a pre-designated and communicated representative unless expressly agreed otherwise.

Article 9 – Duration Transactions: Duration, Termination, and Renewal

Termination:
1. The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
2. The consumer can terminate an agreement that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services at any time by the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
3. The consumer can terminate the agreements mentioned in the previous paragraphs:- at any time and not be limited to termination at a specific time or during a specific period;- at least in the same way as they were entered into by them;- always with the same notice period as the entrepreneur has stipulated for themselves.

Extension:
4. An agreement that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.
5. Notwithstanding the previous paragraph, an agreement that has been concluded for a definite period and which extends to the regular delivery of daily, weekly, and weekly newspapers and magazines may be automatically extended for a fixed period of up to three months if the consumer can terminate this extended agreement by the end of the extension with a notice period of no more than one month.
6. An agreement that has been concluded for a definite period and which extends to the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month. The notice period is no more than three months in the event the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
7. An agreement with a limited duration for the regular trial delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not automatically continued and ends automatically after the trial or introductory period.

Duration:
8. 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 10 – Payment

1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the commencement of the cooling-off period, or if there is no cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this term starts on the day after the consumer has received the confirmation of the agreement.
2. When selling products to consumers, the consumer may never be obliged to make an advance payment of more than 50%. When advance payment has been stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
4. If the consumer does not fulfill their payment obligation(s) on time, after being informed by the entrepreneur of the late payment and after the entrepreneur has granted the consumer a period of 14 days to still fulfill their payment obligations, and if payment is not made within this 14-day period, the entrepreneur has the right to charge the statutory interest on the amount owed 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 following €2,500, and 5% on the next €5,000, with a minimum of €40. The entrepreneur may deviate from these amounts and percentages in favor of the consumer.

Article 11 – Complaint Procedure

1. The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur 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 respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. The consumer must give the entrepreneur at least four weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 12 – Disputes

Agreements between the entrepreneur and the consumer to which these general conditions relate are exclusively governed by Dutch law.

Article 13 – Additional or Deviating Provisions

Additional or deviating provisions from these general 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 medium.