Terms and Conditions - STEAMRS
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Offer & agreement
We hope you enjoy shopping with us. To make sure everything runs as smoothly as possible, some conditions apply to your order. These general terms and conditions (terms and conditions) apply to consumers ordering from the webshop: www.steamers.nl.
These terms of service form a contract between the customer and Steamrs by Dreamers, a Dutch company registered under Chamber of Commerce number: 77325648, under the name CTwebshop, with its head office at Leistraat 1, 4818NA Breda, the Netherlands.
When you buy a STEAMRS item online through the webshop, you enter into an agreement with Steamrs by Dreamers. These general terms and conditions are binding and apply to every order placed through the website www.steamers.nl.
General Terms and Conditions
These General Terms and Conditions of the Dutch Home Shopping Organization (hereinafter: Thuiswinkel.org) were drawn up in consultation with the Consumers' Association as part of the Social and Economic Council's Coordination Group for Self-Regulation (CZ), and take effect on 1 June 2014.
Table of contents:
Article 1 - Definitions
Article 2 - Identity of the trader
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Consumer obligations during the withdrawal period
Article 8 - Exercise of the consumer’s right of withdrawal and the costs thereof
Article 9 - The entrepreneur’s obligations in the event of withdrawal
Article 10 - Exclusion from the right of withdrawal
Article 11 - The price
Article 12 - Performance and additional warranty
Article 13 - Delivery and performance
Article 14 - Ongoing transactions: duration, cancellation and renewal
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Industry Guarantee
Article 19 - Additional or Deviating Provisions
Article 20 - Amendments to the Thuiswinkel General Terms and Conditions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
1. Supplementary agreement: an agreement under which 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 trader or by a third party under an agreement between that third party and the trader;
2. Withdrawal period: the period within which the consumer may exercise their right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and supplied in digital form;
6. Ongoing agreement: an agreement that provides for the regular supply of goods, services and/or digital content over a specified period;
7. Durable medium: any tool - including email - that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and that allows the stored information to be reproduced unchanged;
8. Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;
9. Trader: the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content and/or services to consumers at a distance;
10. Distance contract: a contract concluded between the trader and the consumer under an organised system for the distance sale of products, digital content and/or services, whereby, up to and including the conclusion of the contract, exclusive or partial use is made of one or more means of distance communication;
11. Model withdrawal form: the European model withdrawal form set out in Annex I to these terms and conditions; Annex I does not need to be provided if the consumer has no right of withdrawal in respect of their order;
12. Means of distance communication: a means that can be used to conclude an agreement without the consumer and trader having to be in the same place at the same time.
Article 2 - Identity of the trader
Trader’s name:
CTwebshop
Trading under the name:
STEAMRS BY DREAMERS
Registered address:
Leistraat 1, Breda
Telephone number:
06 5153 5838
Availability:
Monday to Friday, 9:00 a.m. to 6:00 p.m.
Email address:
- info@steamers.nl
Chamber of Commerce number:
77325648
VAT number:
NL860971892B01
Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the 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 trader will indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the trader’s premises and that they will be sent free of charge as soon as possible at the consumer’s request.
3. If the distance agreement is concluded electronically, the text of these general terms and conditions may, by way of derogation from the previous paragraph and before the distance agreement is concluded, be made available to the consumer electronically in such a way that the consumer can easily save it on a durable data carrier. If this is not reasonably possible, the trader will indicate, before the distance agreement is concluded, where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the consumer’s request, electronically or otherwise.
4. If, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply accordingly, and in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favourable to them.
Article 4 - The offer
1. If an offer has a limited validity period or is subject to conditions, this will be expressly 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 properly assess the offer. If the trader uses images, they must be a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer are not binding on the trader.
3. Each offer contains sufficient information to make clear to the consumer what rights and obligations are associated with accepting the offer.
Article 5 - The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded when the consumer accepts the offer and meets the conditions set.
2. If the consumer accepts the offer electronically, the trader will promptly confirm receipt of the acceptance electronically. Until the trader has confirmed receipt of this acceptance, the consumer may terminate the agreement.
3. If the agreement is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure online environment. If the consumer can pay electronically, the trader will take appropriate security measures.
4. Within the limits of the law, the trader may check whether the consumer can meet their payment obligations, as well as any facts and factors relevant to responsibly entering into the distance contract. If this investigation gives the trader good grounds not to enter into the agreement, the trader is entitled to refuse an order or application with reasons, or to attach special conditions to its performance.
5. No later than when the product, service or digital content is delivered to the consumer, the trader shall provide the following information in writing or in a way that allows the consumer to store it accessibly on a durable medium:
- The address of the trader’s place of business where the consumer can submit complaints;
- The conditions and procedure for exercising the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
- Information about guarantees and existing after-sales service;
- The price of the product, service or digital content, including all taxes; where applicable, the delivery costs; and the method of payment, delivery or performance of the distance contract;
- The requirements for terminating the agreement if it has a term of more than one year or is for an indefinite period;
- If the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a subscription, the provision in the previous paragraph applies only to the first delivery.
Article 6 – Right of withdrawal
For products:
1. The consumer may cancel an agreement for the purchase of a product within a 14-day cooling-off period without giving any reason. The trader may ask the consumer for the reason for cancellation, but may not require them to give one.
2. The 14-day cooling-off period referred to in paragraph 1 begins on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
- If the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by the consumer, received the last product. The trader may refuse an order for several products with different delivery times, provided the consumer was clearly informed of this before placing the order.
- If delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by the consumer, received the last shipment or part;
- For agreements covering the regular supply of products over a set period: the day on which the consumer, or a third party designated by the consumer, received the first product.
For services and digital content not supplied on a tangible medium:
3. The consumer may withdraw from a service agreement or an agreement for the supply of digital content not supplied on a tangible medium within 14 days without giving any reason. The trader may ask the consumer for the reason for withdrawing, but may not require them to state their reason(s).
4. The withdrawal period referred to in paragraph 3 begins on the day following the conclusion of the agreement.
Extended withdrawal period for products, services and digital content not supplied on a tangible medium if the consumer is not informed about the right of withdrawal:
5. If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the withdrawal period expires twelve months after the end of the original withdrawal period, as determined in accordance with the previous paragraphs of this article.
6. If the trader provides the consumer with the information referred to in the previous paragraph within twelve months of the start of the original withdrawal period, the withdrawal period expires 14 days after the day on which the consumer received that information.
Article 7 - Consumer obligations during the withdrawal period
1. During the withdrawal period, the consumer must handle the product and its packaging with care. They may only unpack or use the product to the extent necessary to establish its nature, characteristics and functioning. The consumer may handle and inspect the product only as they would be allowed to do in a shop.
2. The consumer is only liable for any reduction in the product’s value resulting from handling the product in a way that goes beyond what is permitted under paragraph 1.
3. The consumer is not liable for any reduction in the product’s value if the trader has not provided them with all legally required information about the right of withdrawal before or at the time the agreement is concluded.
Article 8 - Exercise of the consumer’s right of withdrawal and the costs thereof
1. If the consumer exercises their right of withdrawal, they must notify the trader within the withdrawal period by using the model withdrawal form or by making an unequivocal statement to that effect.
2. 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 the trader (or a person authorised by the trader). This is not required if the trader has offered to collect the product. In any case, the consumer has met the return deadline if they return the product before the withdrawal period expires.
3. The consumer shall return the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The consumer bears the risk and burden of proof for the proper and timely exercise of the right of withdrawal.
5. The consumer shall bear the direct costs of returning the product. If the entrepreneur did not state that the consumer must bear these costs, or if the entrepreneur states that they will bear the costs themselves, the consumer shall not have to bear the return costs.
6. If the consumer withdraws after first expressly requesting that performance of the service or supply of gas, water or electricity that has not been prepared for sale in a limited volume or specified quantity begin during the cooling-off period, the consumer shall owe the entrepreneur an amount proportional to the part of the obligation fulfilled by the entrepreneur at the time of withdrawal, compared with full performance of the obligation.
7. The consumer shall bear no costs for the performance of services or the supply of water, gas or electricity that have not been prepared for sale in a limited volume or quantity, or for the supply of district heating, if:
- The entrepreneur did not provide the consumer with the legally required information about the right of withdrawal, reimbursement of costs in the event of withdrawal, or the model withdrawal form; or
- The consumer did not expressly request that performance of the service or supply of gas, water, electricity or district heating begin during the cooling-off period.
- They did not expressly agree, before delivery, to begin performing the agreement before the cooling-off period ends;
- They have not acknowledged that they would lose their right of withdrawal by giving their consent; or
- The entrepreneur failed to confirm the consumer’s statement.
9. If the consumer exercises their right of withdrawal, all additional agreements shall be terminated by operation of law.
Article 9 - The entrepreneur’s obligations in the event of withdrawal
1. If the entrepreneur allows the consumer to submit a notice of withdrawal electronically, he shall promptly send an acknowledgement of receipt after receiving that notice.
2. The trader will reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without undue delay and within 14 days of the day on which the consumer notifies the trader of the withdrawal. Unless the trader offers to collect the product, the trader may withhold the refund until they have received the product or until the consumer provides proof that they have sent it back, whichever occurs first.
3. The trader will use the same payment method for the refund as the consumer used, unless the consumer agrees to another method. The refund is free of charge to the consumer.
4. If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the trader is not required to reimburse the additional costs for the more expensive method.
Article 10 - Exclusion from the right of withdrawal
The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this when making the offer, or at least in good time before the contract is concluded:
1. Products or services whose price is subject to fluctuations in the financial market over which the trader has no control and which may occur within the withdrawal period
2. Contracts concluded at a public auction. A public auction means a sales method whereby products, digital content and/or services are offered by the trader to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
3. Contracts for services, after the service has been fully performed, but only if:
- Performance has begun with the consumer's express prior consent; and
- The consumer has declared that they will lose their right of withdrawal as soon as the trader has fully performed the contract;
4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and contracts for passenger transport;
5. Contracts for services providing accommodation, if the contract provides for a specific date or period of performance and the accommodation is for purposes other than residential purposes, the transport of goods, car rental services, and catering;
6. Contracts relating to leisure activities, if the contract provides for a specific date or period of performance;
7. Products made to the consumer’s specifications, which are not prefabricated and are manufactured based on an individual choice or decision by the consumer, or which are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products that are unsuitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
10. Products that, after delivery, are inseparably mixed with other products by their nature;
11. Alcoholic beverages whose price was agreed upon when the agreement was concluded, but which can only be delivered after 30 days, and whose actual value depends on market fluctuations over which the entrepreneur has no influence;
12. Sealed audio or video recordings and computer software, where the seal has been broken after delivery;
13. Newspapers, periodicals or magazines, except for subscriptions to them;
14. The supply of digital content other than on a tangible medium, but only if:
- Performance has begun with the consumer's express prior consent; and
- The consumer has declared that they hereby forfeit their right of withdrawal.
Article 11 - The price
1. 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 resulting from changes in VAT rates.
2. By way of exception to the previous paragraph, the entrepreneur may offer products or services with prices subject to fluctuations in the financial market, over which the entrepreneur has no influence, at variable prices. This exposure to fluctuations and the fact that any prices stated are indicative prices will be mentioned in the offer.
3. Price increases within 3 months after the agreement is concluded are only permitted if they result from statutory regulations or provisions.
4. Price increases from 3 months after the agreement is concluded are only permitted if the entrepreneur stipulated this and:
- They are the result of statutory regulations or provisions; or
- The consumer is entitled to terminate the agreement effective from the day the price increase takes effect.
5. The prices stated in the offer for products or services include VAT.
All prices on our website are always as accurate as possible. However, if a clear error occurs, such as an unusually low price being displayed on the website, the General Terms and Conditions are not binding on STEAMRS, and STEAMRS is not obliged to supply items at an incorrect price. Please contact us if you have any doubts about the validity of an offer.
Article 12 - Performance of the agreement and additional guarantee
1. The business warrants that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the agreement is concluded. If agreed, the business also warrants that the product is suitable for purposes other than normal use.
2. Any additional guarantee provided by the business, its supplier, manufacturer or importer never limits the consumer’s statutory rights and claims against the business under the agreement if the business has failed to fulfill its part of the agreement.
3. An additional guarantee means any commitment by the business, its supplier, importer or manufacturer that grants the consumer certain rights or claims beyond those it is legally required to provide if it has failed to fulfill its part of the agreement.
Article 13 - Delivery and performance
1. The business will exercise the utmost care when receiving and fulfilling orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has provided to the business.
3. Subject to the provisions of Article 4 of these general terms and conditions, the business will fulfill accepted orders as soon as possible, 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 fulfilled in part, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement free of charge and is entitled to any compensation for damages.
4. After termination in accordance with the previous paragraph, the business will promptly refund the amount paid by the consumer.
5. The risk of damage to and/or loss of products rests with the business until they are delivered to the consumer or a representative designated in advance and made known to the business, unless expressly agreed otherwise.
Article 14 - Ongoing transactions: duration, cancellation and renewal
Cancellation:
1. The consumer may cancel an agreement concluded for an indefinite period and providing for the regular delivery of products (including electricity) or services at any time, subject to the agreed cancellation rules and a notice period of no more than one month.
2. The consumer may cancel an agreement concluded for a fixed term and providing for the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed cancellation rules and a notice period of no more than one month.
3. The consumer may cancel the agreements referred to in the previous paragraphs:
- Cancel at any time and not be restricted to cancellation at a specific time or during a specific period;
- Cancel at least in the same manner as the agreement was entered into;
- Cancel at any time with the same notice period as the trader has stipulated for themselves.
Extension:
4. An agreement concluded for a fixed term and providing for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
5. By way of exception to the previous paragraph, an agreement concluded for a fixed term and providing for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed term of no more than three months, provided that the consumer may cancel the extended agreement at the end of the extension with a notice period of no more than one month.
6. An agreement concluded for a fixed term and providing for the regular delivery of products or services may be tacitly extended for an indefinite period only if the consumer may cancel it at any time with a notice period of no more than one month. The notice period may be no more than three months if the agreement provides for the regular delivery, but less than once a month, of daily, news and weekly newspapers and magazines.
7. An agreement with a limited term for the regular delivery of daily, news and weekly newspapers and magazines for familiarization purposes (trial or introductory subscription) is not tacitly renewed and ends automatically when the trial or introductory period expires.
Duration:
8. If an agreement lasts for more than one year, the consumer may cancel it at any time after the first year, with a notice period of no more than one month, unless reasonableness and fairness preclude cancellation before the end of the agreed term.
Article 15 - Payment
1. Unless otherwise specified in the agreement or additional terms and conditions, amounts owed by the consumer must be paid within 14 days after the cooling-off period begins, or, if there is no cooling-off period, within 14 days after the agreement is concluded. In the case of an agreement for the provision of a service, this period begins on the day after the consumer receives confirmation of the agreement.
2. When selling products to consumers, the consumer may never be required under the terms and conditions to make an advance payment of more than 50%. If an advance payment has been agreed, the consumer cannot claim any rights regarding the performance of the relevant order or service(s) until the agreed advance payment has been made.
3. The consumer is obliged to promptly report any inaccuracies in the payment details provided or stated to the entrepreneur.
4. If the consumer fails to meet their payment obligation(s) on time, then, after being notified by the entrepreneur of the late payment and given a period of 14 days to meet their payment obligations, the consumer will, if payment is still not made within this 14-day period, owe statutory interest on the outstanding amount, and the entrepreneur will be entitled to charge the extrajudicial collection costs incurred. These collection costs are capped at: 15% of outstanding amounts up to € 2,500,=; 10% of the next € 2,500,=; and 5% of the next € 5,000,=, with a minimum of € 40,=. The entrepreneur may deviate from these amounts and percentages in the consumer's favor.
Article 16 - Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, and must be described fully and clearly.
3. Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
4. A complaint about a product, service or the entrepreneur's customer service can also be submitted using a complaint form on the consumer page of the Thuiswinkel.org website, www.thuiswinkel.org. The complaint will then be sent to both the relevant entrepreneur and Thuiswinkel.org.
5. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is eligible for the dispute resolution procedure.
It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
Article 17 - Disputes
1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.
2. Disputes between the consumer and the entrepreneur concerning the formation or performance of agreements relating to products and services supplied or to be supplied by the entrepreneur may, subject to the provisions below, be submitted by either the consumer or the entrepreneur to the Thuiswinkel Disputes Committee, Postbus 90600, 2509 LP The Hague (www.sgc.nl).
3. The Disputes Committee will only consider a dispute if the consumer has first submitted their complaint to the entrepreneur within a reasonable time.
4. If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing, or in another form determined by the Committee, no later than 12 months after the date on which the consumer submitted the complaint to the entrepreneur.
5. If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. The consumer should preferably notify the entrepreneur first.
6. If the entrepreneur wishes to submit a dispute to the Disputes Committee, the consumer must state in writing, within five weeks of receiving a written request to do so from the entrepreneur, whether they also wish to do so or would prefer to have the dispute heard by the competent court. If the entrepreneur does not receive the consumer’s decision within five weeks, the entrepreneur is entitled to submit the dispute to the competent court.
7. The Disputes Committee issues its decision in accordance with the terms set out in the Disputes Committee’s regulations (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The Disputes Committee’s decisions are issued as binding recommendations.
8. The Disputes Committee will not handle a dispute, or will discontinue its handling of one, if the entrepreneur has been granted a suspension of payments, has become bankrupt, or has effectively ceased its business activities before the dispute has been heard by the Committee at a hearing and a final decision has been issued.
9. If, in addition to the Thuiswinkel Disputes Committee, another recognized disputes committee or one affiliated with the Foundation for Consumer Disputes Committees (SGC) or the Financial Services Complaints Institute (Kifid) has jurisdiction, the Thuiswinkel Disputes Committee shall have jurisdiction in preference for disputes mainly concerning the method of sale or the provision of services at a distance. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid shall have jurisdiction.
Article 18 - Industry Guarantee
1. Thuiswinkel.org guarantees that its members will comply with the binding decisions of the Thuiswinkel Disputes Committee, unless the member decides to submit the binding decision to a court for review within two months of its dispatch. This guarantee will be reinstated if the binding decision is upheld following review by the court and the judgment confirming this has become final and conclusive. Thuiswinkel.org will pay the consumer up to €10,000 per binding decision. For amounts exceeding €10,000 per binding decision, €10,000 will be paid. For any excess amount, Thuiswinkel.org is obligated to make every effort to ensure that the member complies with the binding decision.
2. To invoke this guarantee, the consumer must submit a written claim to Thuiswinkel.org and assign their claim against the trader to Thuiswinkel.org. If the claim against the trader exceeds €10,000, the consumer will be offered the option of assigning to Thuiswinkel.org the portion of the claim exceeding €10,000, after which the organization will seek payment of that amount in court in its own name and at its own expense, for the benefit of the consumer.
Article 19 - Additional or Deviating Provisions
Additional provisions or provisions that deviate 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 accessibly on a durable medium.
Article 20 - Amendments to the Thuiswinkel General Terms and Conditions
1. Thuiswinkel.org shall not amend these general terms and conditions without consulting the Consumers' Association.
2. Amendments to these terms and conditions shall only take effect once they have been published in the appropriate manner, provided that, in the event of applicable amendments during the term of an offer, the provision most favorable to the consumer shall prevail.
Thuiswinkel.org
www.thuiswinkel.org
Horaplantsoen 20, 6717 LT Ede
P.O. Box 7001, 6710 CB Ede
