Ancillary contract: a contract in which the consumer acquires products, digital content and/or services related to a distance contract and these items, digital content and/or services are provided by the trader or by a third party on the basis of an arrangement between that third party and the trader;

Withdrawal period: the period within which the consumer can exercise his right of withdrawal;

Consumer: the natural person not acting for purposes related to his trade, business, craft or profession;

Day: calendar day;

Digital content: data produced and supplied in digital form;

Duration contract: a contract aimed at the regular delivery of goods, services and/or digital content during a specified period;

Continuing performance contract: a contract for the regular supply of goods, services and/or digital content for a specified period;

Durable medium: any device - including e-mail - that enables the consumer or trader to store information addressed personally to him in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;

Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;

Trader: the natural or legal person who is a member of Thuiswinkel.org

Distance contract: a contract concluded between the trader and the consumer within the framework of an organised distance sales system for products, digital content and/or services, which, up to and including the conclusion of the contract, makes exclusive or joint use of one or more means of distance communication;

Model withdrawal form: the European model withdrawal form set out in Annex I to these terms and conditions. Annex I need not be made available if the consumer does not have a right of withdrawal in respect of his order;

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.

Entrepreneur’s name: SMITH & SINCLAIR BV (statutory name, possibly supplemented by trade name);
RIJNKADE 14, 1382 GS WEESP;
Phone number: +31 (0) 294 414093 (Monday-Friday 09:00-17:00)
Email address: [email protected]
Chamber of Commerce number: 80609589
Btw-identificatienummer: NL861734622B01

If the entrepreneur's activity is subject to a relevant licensing regime: the data on the supervisory authority.

If the entrepreneur practices a regulated profession:
- the professional association or organisation to which he is affiliated;
- the professional title, the place in the EU or the European Economic Area where it was awarded;
- a reference to the professional rules applicable in the Netherlands and indications of where and how these professional rules can be accessed.

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract that has been concluded between the entrepreneur 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, before the distance contract is concluded, the entrepreneur will indicate how the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent to the consumer free of charge as quickly as possible upon request.

3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favourable to him.

1. If an offer has a limited duration or is 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 a proper assessment of the offer by the consumer. If the entrepreneur uses images, they must be a truthful representation of the offered products, services, and/or digital content. Apparent mistakes or errors in the offer do not bind the entrepreneur.

3. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

1. The agreement is subject to the provisions of paragraph 4, concluded at the moment of acceptance by the consumer of the offer and the fulfilment of the conditions set.

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 may dissolve the agreement.

3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

4. The entrepreneur may - within legal frameworks - investigate 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 remote agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while stating reasons.

5. The entrepreneur will, at the latest on delivery of the product, service or digital content, send the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:

• the visiting address of the trader's establishment to which the consumer can address complaints;
• the conditions under which and the way in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
• the information on guarantees and existing after-sales service;
• the price including all taxes of the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;
• the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
• if the consumer has a right of withdrawal, the model withdrawal form.

6. In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.

of Products
1. The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving reasons. The trader may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).

2. The cooling-off period referred to in paragraph 1 starts 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 one order: the day on which the consumer, or a third party indicated by the consumer, has received the last product. The trader may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order of multiple products with different delivery times.
if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or part;
• for contracts for regular delivery of products during a given period: the day on which the consumer, or a third party designated by him, received the first product.

For services and digital content that are not supplied on a tangible medium:
3. The consumer may cancel a service contract and a contract for the supply of digital content not supplied on a tangible medium for at least 14 days without giving any reason. The trader may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).

4. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended cooling-off period for products, services and digital content not supplied on a tangible medium in case of failure to inform about right of withdrawal:

5.If the trader has not provided the consumer with the legally required information on the right of withdrawal or the model withdrawal form, the cooling-off period expires 12 months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.

6. If the trader has provided the consumer with the information referred to in the previous paragraph within 12 months of the effective date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

1. During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to establish 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 is only liable for depreciation of the product resulting from a way of handling the product that goes beyond what is allowed in paragraph 1.

3. The consumer is not liable for depreciation of the product if the trader did not provide him with all legally required information on the right of withdrawal before or at the conclusion of the contract.

1. If the consumer exercises his right of withdrawal, he shall notify the trader within the withdrawal period using 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 returns the product, or hands it over to (an authorised representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to pick up the product himself. The consumer has observed the return period in any case if he returns the product before the cooling-off period has expired.

3. The consumer will return the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the operator.

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 bears the direct costs of returning the product. If the trader has not notified the consumer that the consumer should bear these costs or if the trader indicates that the consumer should 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 expressly requested that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or certain quantity commences during the withdrawal period, the consumer shall owe the trader an amount proportionate to that part of the commitment fulfilled by the trader at the time of withdrawal, compared to the full fulfilment of the commitment.

7. The consumer does not bear any costs for the performance of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or to supply district heating, if:

the trader has not provided the consumer with the legally required information on the right of withdrawal, the cost reimbursement upon withdrawal or the model withdrawal form, or;

the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.

8. The consumer bears no cost for the full or partial delivery of digital content not delivered on a tangible medium if:

he has not expressly agreed, prior to its delivery, to begin performance of the contract before the end of the cooling-off period;

he has not acknowledged losing his right of withdrawal when giving his consent; or

the entrepreneur has failed to confirm this statement by the consumer.

9. If the consumer exercises his right of withdrawal, all additional contracts will be terminated by operation of law.

1. If the trader enables the consumer's notification of withdrawal by electronic means, he shall send an acknowledgement of receipt without delay after receiving this notification.

2. The operator reimburses all payments made by the consumer, including any delivery costs charged by the operator 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 pick up the product himself, he may wait with refunding until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.

3. For reimbursement, the trader will use the same means of payment that the consumer has used, 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 trader does not have to refund the additional costs for the more expensive method.

The trader can exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this when making the offer, or at least in good time before concluding the contract:
1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period

2. Contracts concluded during a public auction. A public auction means a method of sale where products, digital content and/or services are offered by the operator to consumers who attend or are given the opportunity to attend the auction in person, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;

3.Service agreements, after full performance of the service, but only if:

the performance has begun with the consumer's express prior consent; and

the consumer has declared that he loses his right of withdrawal once the trader has fully performed the contract;

4. Package holidays as referred to in Article 7:500 of the Civil Code and passenger transport contracts;

5. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, carriage 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 thereof;

7. Products manufactured to consumers' specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person;

8. Products that spoil quickly or have a limited shelf life;

9. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;

10. Products which, after delivery, are by their nature irrevocably mixed with other products;

11. Alcoholic beverages whose price was agreed at the time of concluding the contract, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;

12. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;

13. Newspapers, magazines or journals, excluding subscriptions to them;

14. The supply of digital content other than on a tangible medium, but only if:

the performance has begun with the consumer's express prior consent; and

the consumer has declared that he thereby loses his right of withdrawal.

1. During the validity period mentioned 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 that are beyond the Entrepreneur's control, with variable prices. This link to fluctuations and the fact that any stated prices are target prices shall be stated with the offer.

3. Price increases within 3 months of the conclusion of the agreement are only allowed if they result from legal regulations or provisions.

4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:

they result from statutory regulations or provisions; or

the consumer is authorised to terminate the agreement as from the day on which the price increase takes effect.

5. The prices mentioned in the offer of products or services include VAT.

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations 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 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 on the basis of the agreement if the entrepreneur has failed to fulfil his part of the agreement.

3. Additional guarantee means any undertaking by the trader, its supplier, importer or producer in which it grants the consumer certain rights or claims that go beyond what the consumer is legally obliged to do in case he has failed to fulfil his part of the agreement.

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. Subject to 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 another delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs and the right to possible damages.

4. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.

5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless explicitly agreed otherwise.

Termination:
1. The consumer may terminate an open-ended contract that was concluded for the regular supply of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.

2. The consumer may terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at any time towards the end of the fixed-term, subject to agreed termination rules and a notice period not exceeding one month.

3. The consumer may amend the agreements mentioned in the previous paragraphs:

terminate at any time and not be limited to termination at a particular time or period;

at least terminate them in the same way as they were entered into by him;

always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension:
4. An agreement entered into for a definite period of time and which extends to the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a definite period of time.

5. Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer may terminate this renewed contract towards the end of the renewal with a notice period not exceeding one month.

6. A fixed-term contract that was concluded 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 with a period of notice that does not exceed one month. The period of notice shall not exceed three months if the contract is for the regular delivery of daily or weekly newspapers or magazines, but less than once a month.

8. A fixed-term contract for the regular supply of daily or weekly newspapers and magazines by way of introduction (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration:
8. 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 period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

1. Unless otherwise provided for in the agreement or additional conditions, the amounts owed by the consumer should be paid within 14 days after the start of the cooling-off period, or, in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer receives the confirmation of the agreement.

2. When selling products to consumers, general terms and conditions may never oblige the consumer to make an advance payment of more than 50%. Where advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.

3. The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.

4. If the consumer does not timely meet his payment obligation(s), he is, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days, starting the day after receipt of the reminder, to still meet his payment obligations, after the non-payment within this 14-day period, over the amount due the legal interest and the entrepreneur has the right to charge the 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 proprietor can deviate from the amounts and percentages mentioned for the benefit of the consumer.

1. The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.

2. Complaints about the performance of the agreement must be submitted to the operator in full 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 foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

4. A complaint about a product, service or the trader's service can also be submitted via a complaints form on the consumer page of the Thuiswinkel.org website www.thuiswinkel.org. The complaint is then sent both to the trader in question and to Thuiswinkel.org.

5. In any case, the consumer should give the entrepreneur 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is amenable to the dispute resolution procedure.

1. Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. If the entrepreneur directs his activities to the consumer's country of residence, the consumer can also always appeal to the mandatory consumer law of his country.

2. Disputes between the consumer and the trader over the conclusion or execution of contracts relating to products and services to be supplied or delivered by this trader can be put before the Thuiswinkel Disputes Committee, P.O. Box 90600, 2509 LP in The Hague (www.sgc.nl), by either the consumer or the trader, with due observance of that which is stipulated below.

3. A dispute will only be considered by the Disputes Committee if the consumer has first submitted his 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 to be determined by the Commission no later than 12 months from the date 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. Preferably, the consumer notifies the entrepreneur first.

6. When the entrepreneur wishes to submit a dispute to the Disputes Committee, the consumer shall, within five weeks after a written request made by the entrepreneur, express in writing whether he so desires or wants the dispute to be dealt with by the competent court. If the entrepreneur does not hear the choice of the consumer within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent court.

7. The Disputes Committee shall rule under the conditions laid down in the regulations of the Disputes Committee (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the Disputes Committee are made by way of binding advice.

8. The Disputes Committee will not deal with a dispute or will discontinue its proceedings if the entrepreneur has been granted a suspension of payments, gone bankrupt or has actually terminated his business activities, before a dispute has been dealt with by the committee at the session and a final ruling has been issued.

9. If, in addition to the Thuiswinkel Disputes Committee, another disputes committee recognised by or affiliated to the Stichting Geschillencommissions voor Consumentenzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid) is competent, the Thuiswinkel Disputes Committee shall have preference over the Thuiswinkel Disputes Committee for disputes mainly concerning the method of distance selling or provision of services. For all other disputes, the other disputes committee recognised by SGC or affiliated with Kifid.

1. Thuiswinkel.org guarantees the fulfilment of the binding advice from the Thuiswinkel Disputes Committee by its members, unless the member decides to submit the binding advice to the court for review within two months after it has been sent. This guarantee is revived if the binding advice is upheld after review by the court and the judgement that proves this has become final. Up to a maximum sum of €10,000 per binding advice, this sum will be paid to the consumer by Thuiswinkel.org. For amounts greater than €10,000.00 per binding advice, €10,000.00 will be paid out. For the excess amount, Thuiswinkel.org has a best-efforts obligation to ensure that the member complies with the binding advice.

2. Application of this guarantee requires that the consumer makes a written appeal to Thuiswinkel.org and that he transfers his claim on the trader to Thuiswinkel.org. If the claim on the trader exceeds €10,000,-, the consumer will be offered to transfer his claim, as far as it exceeds the amount of €10,000,-, to Thuiswinkel.org, after which this organisation will seek payment of this claim in court, in its own name and costs, to satisfy the consumer.

1. Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

1. Amendments to these terms and conditions shall only take effect after they have been published in an appropriate manner, on the understanding that in the event of applicable amendments during the term of an offer, the provision most favourable to the consumer shall prevail.

(complete and return this form only if you wish to withdraw from the contract)
- To: [ name of entrepreneur]
[ geographic address entrepreneur]
[ fax number entrepreneur, if available]
[ e-mail address or electronic address of entrepreneur]


- I/We* hereby inform you, that I/We* have signed our agreement regarding
- the sale of the following products: [product designation]* the supply of the following digital content: [digital content designation]*
- the provision of the following service: [service designation]*,
revoked/revoked*

- Ordered on*/received on* [date of order for services or receipt for products]
- [Name of consumer(s)]
- [Consumer(s) address]
- [Signature of consumer(s)] (only if this form is submitted on paper)
- [Date]

* Delete what does not apply or fill in what is applicable.