Article 1 – Definitions
Article 2 – Identity of the Entrepreneur
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Obligations of the Consumer During the Cooling-off Period
Article 8 – Exercise of the Right of Withdrawal by the Consumer and Associated Costs
Article 9 – Obligations of the Entrepreneur in Case of Withdrawal
Article 10 – Exclusion of the Right of Withdrawal
Article 11 – The Price
Article 12 – Performance of the Agreement and Additional Guarantee
Article 13 – Delivery and Performance
Article 14 – Continuous Performance Contracts: Duration, Termination and Renewal
Article 15 – Payment
Article 16 – Complaints Procedure
Article 17 – Disputes
Article 18 – Additional or Deviating Provisions
For the purposes of these terms and conditions, the following definitions apply:
Supplementary agreement: an agreement whereby 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 entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur.
Cooling-off period: the period within which the consumer may exercise the right of withdrawal.
Consumer: a natural person who is not acting for purposes relating to his trade, business, craft or profession.
Day: calendar day.
Digital content: data produced and supplied in digital form.
Continuous performance contract: an agreement providing for the regular supply of goods, services and/or digital content during a specified period.
Durable medium: any device – including email – that enables the consumer or entrepreneur to store information addressed personally to him in a way accessible for future reference for a period adequate for the purposes of the information and which allows unchanged reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period.
Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance.
Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for distance sales of products, digital content and/or services, whereby exclusive or joint use is made of one or more means of distance communication up to and including the conclusion of the agreement.
Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions.
Means of distance communication: a method that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously present in the same place.
Rockfield Property Management B.V.
Naritaweg 223
1043 CB Amsterdam
The Netherlands
Telephone number: +31 (0)20 4861288
– A reference to the professional rules applicable in the Netherlands and information on where and how these rules can be accessed
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Prior to the conclusion of the distance contract, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur shall indicate, before the distance contract is concluded, how the general terms and conditions can be inspected and that they will be sent free of charge to the consumer upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph and prior to conclusion of the contract, be made available electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it shall be indicated where the general terms and conditions can be accessed electronically and that they will be sent free of charge electronically or otherwise upon request.
If specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 apply accordingly. In the event of conflicting conditions, the consumer may always invoke the applicable provision that is most favourable to him.
If an offer has a limited period of validity or is subject to conditions, this shall be explicitly stated in the offer.
The offer shall contain a complete and accurate description of the products, digital content and/or services offered. The description shall be sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these shall be a truthful representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer shall not bind the entrepreneur.
Each offer shall contain such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer.
Subject to the provisions of paragraph 4, the agreement shall be concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of acceptance electronically. As long as receipt of this acceptance has not been confirmed, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur shall observe appropriate security measures.
Within legal frameworks, the entrepreneur may investigate whether the consumer can fulfil his payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to conclude the agreement, he is entitled to refuse an order or request, giving reasons, or to attach special conditions to its execution.
At the latest upon delivery of the product, service or digital content, the entrepreneur shall provide the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, with the following information:
a. The visiting address of the entrepreneur’s establishment where the consumer may lodge complaints;
b. The conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding exclusion of the right of withdrawal;
c. Information on guarantees and existing after-sales services;
d. The price including all taxes of the product, service or digital content; where applicable, delivery costs; and the method of payment, delivery or performance of the distance contract;
e. The requirements for termination of the agreement if the agreement has a duration of more than one year or is for an indefinite period;
f. If the consumer has a right of withdrawal, the model withdrawal form.
In the case of a continuous performance contract, the provision in the previous paragraph applies only to the first delivery.
The consumer may dissolve an agreement relating to the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal but may not require the consumer to state his reason(s).
The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
a. If the consumer has ordered multiple products in one order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may refuse an order of multiple products with different delivery times, provided he has clearly informed the consumer of this prior to the ordering process.
b. If delivery of a product consists of several consignments or parts: the day on which the consumer, or a third party designated by him, has received the final consignment or part.
c. In the case of agreements for regular delivery of products during a defined period: the day on which the consumer, or a third party designated by him, has received the first product.
The consumer may dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium within at least 14 days without giving reasons.
The cooling-off period referred to in paragraph 3 commences on the day following the conclusion of the agreement.
If the entrepreneur has not provided the legally required information regarding 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 preceding paragraphs.
If the entrepreneur provides the information referred to in the previous paragraph within 12 months after the commencement of the original cooling-off period, the cooling-off period shall expire 14 days after the day on which the consumer received that information.
During the cooling-off period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The guiding principle is that the consumer may handle and inspect the product only as he would be permitted to do in a shop.
The consumer is only liable for any diminished value of the product resulting from handling beyond what is permitted in paragraph 1.
The consumer is not liable for any diminished value of the product if the entrepreneur has not provided all legally required information regarding the right of withdrawal before or at the time of concluding the agreement.
If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorised representative of) the entrepreneur, unless the entrepreneur has offered to collect the product himself. The consumer has complied with the return period if he sends back the product before the cooling-off period has expired.
The consumer shall 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 entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer shall bear the direct costs of returning the product, unless the entrepreneur has stated that he will bear these costs.
If the consumer withdraws after having expressly requested that performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or set quantity begins during the cooling-off period, the consumer shall owe the entrepreneur an amount proportional to what has been performed at the time of withdrawal compared to full performance.
The consumer shall bear no costs for the performance of services or supply of water, gas, electricity or district heating if:
a. The entrepreneur has failed to provide legally required information regarding withdrawal; or
b. The consumer has not expressly requested commencement during the cooling-off period.
The consumer shall bear no costs for full or partial delivery of digital content not supplied on a tangible medium if:
a. He has not expressly agreed to commencement before the end of the cooling-off period;
b. He has not acknowledged losing his right of withdrawal; or
c. The entrepreneur has failed to confirm this statement.
If the consumer exercises his right of withdrawal, all supplementary agreements shall automatically be dissolved.
If the entrepreneur enables electronic notification of withdrawal, he shall promptly send an acknowledgement of receipt.
The entrepreneur shall reimburse all payments made by the consumer, including delivery costs, without undue delay and within 14 days following notification of withdrawal. Unless he offers to collect the product, he may withhold reimbursement until he has received the product or the consumer has supplied proof of return, whichever is earlier.
Reimbursement shall be made using the same means of payment as used by the consumer, unless agreed otherwise. Reimbursement shall be free of charge.
If the consumer chose a more expensive delivery method than the least expensive standard delivery, the entrepreneur is not required to reimburse the additional costs.
The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, or at least in good time prior to conclusion of the agreement:
Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no control and which may occur within the withdrawal period.
Agreements concluded during a public auction. A public auction means a method of sale whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or given the opportunity to be personally present at the auction, conducted by an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services.
Service agreements, after full performance of the service, but only if:
a. Performance has begun with the consumer’s express prior consent; and
b. The consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the agreement.
Package travel arrangements as referred to in Section 7:500 of the Dutch Civil Code and agreements concerning passenger transport.
Service agreements for the provision of accommodation where a specific date or period of performance is provided for in the agreement and other than for residential purposes, transport of goods, car rental services and catering.
Agreements relating to leisure activities where a specific date or period of performance is provided for in the agreement.
Products manufactured according to the consumer’s specifications, which are not prefabricated and are made on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person.
Products that are liable to deteriorate or expire rapidly.
Sealed products which are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery.
Products which, after delivery, are irreversibly mixed with other products by their nature.
Alcoholic beverages, the price of which was agreed upon at the time of conclusion of the agreement, but delivery of which can only take place after 30 days and whose actual value depends on market fluctuations beyond the entrepreneur’s control.
Sealed audio and video recordings and computer software, the seal of which has been broken after delivery.
Newspapers, periodicals or magazines, with the exception of subscriptions thereto.
The supply of digital content other than on a tangible medium, but only if:
a. Performance has begun with the consumer’s express prior consent; and
b. The consumer has declared that he thereby loses his right of withdrawal.
During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.
By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no control, at variable prices. The fact that prices are subject to fluctuations and that any prices stated are indicative prices shall be stated in the offer.
Price increases within three months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
Price increases from three months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. They result from statutory regulations or provisions; or
b. The consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
Any additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer shall never limit the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfil his part of the agreement.
An additional guarantee means any commitment by the entrepreneur, his supplier, importer or producer granting the consumer certain rights or claims that go beyond those he is legally obliged to provide in the event that he has failed to fulfil his part of the agreement.
The entrepreneur shall exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery shall be the address provided by the consumer to the entrepreneur.
Subject to the provisions of Article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders with due speed but at the latest within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer shall be informed thereof no later than 30 days after placing the order. In such a case, the consumer has the right to dissolve the agreement free of charge and is entitled to possible compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur shall promptly refund the amount paid by the consumer.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
The consumer may terminate an agreement concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term agreement extending to the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to above:
– At any time and not be limited to termination at a specific time or during a specific period;
– At least in the same manner as they were concluded;
– Always with the same notice period as the entrepreneur has stipulated for himself.
A fixed-term agreement for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.
By way of derogation from the previous paragraph, a fixed-term agreement for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a maximum fixed period of three months, if the consumer may terminate the renewed agreement towards the end of the renewal with a notice period of no more than one month.
A fixed-term agreement for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month. The notice period shall be no more than three months in the case of agreements relating to the regular, but less than monthly, delivery of daily, news and weekly newspapers and magazines.
A limited-duration agreement for the regular introductory delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall automatically terminate at the end of the trial period.
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.
Unless otherwise stipulated in the agreement or additional conditions, amounts owed by the consumer must be paid within 14 days after commencement of the cooling-off period, or in the absence of a cooling-off period, within 14 days after conclusion of the agreement. In the case of a service agreement, this period commences on the day after the consumer has received confirmation of the agreement.
In the sale of products to consumers, the consumer may never be obliged in general terms and conditions to make an advance payment of more than 50%. If advance payment has been stipulated, the consumer may not assert any rights regarding execution of the order or service(s) before the stipulated advance payment has been made.
The consumer has the duty to promptly notify the entrepreneur of inaccuracies in payment details provided or stated.
If the consumer fails to fulfil his payment obligation(s) in time, he shall, after being notified by the entrepreneur of the late payment and granted a period of 14 days to fulfil his obligations, owe statutory interest on the outstanding amount after the expiry of this 14-day period. The entrepreneur is entitled to charge extrajudicial collection costs incurred by him, which amount to a maximum of:
– 15% on outstanding amounts up to €2,500;
– 10% on the subsequent €2,500;
– 5% on the next €5,000;
with a minimum of €40.
The entrepreneur may deviate from these amounts and percentages in favour of the consumer.
The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.
Complaints about performance of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the entrepreneur shall be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved within a reasonable period or within three months after submission, a dispute arises that is subject to the dispute resolution procedure.
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply shall be exclusively governed by Dutch law.
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 medium.
Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the agreement)
To:
Rockfield Property Management B.V.
Naritaweg 223
1043 CB Amsterdam
*Delete as appropriate or complete as applicable.