General Terms and Conditions
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 – Right of Withdrawal
- Article 7 – Costs in Case of Withdrawal
- Article 8 – Exclusion of the Right of Withdrawal
- Article 9 – The Price
- Article 10 – Loyalty Program
- Article 11 – Conformity and Warranty
- Article 12 – Delivery and Execution
- Article 13 – Continuing Transactions: Duration, Termination and Renewal
- Article 14 – Payment
- Article 15 – Complaints Procedure
- Article 16 – Disputes
- Article 17 – Additional or Deviating Provisions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
- Cooling-off period: the period within which the consumer may exercise the right of withdrawal.
- Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
- Day: calendar day.
- Continuing transaction: a distance contract relating to a series of products and/or services, for which the obligation to deliver and/or purchase is spread over time.
- Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that makes future consultation and unchanged reproduction of the stored information possible.
- 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 and/or services to consumers at a distance.
- Distance contract: a contract concluded within the framework of an organised system for distance selling of products and/or services, whereby exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract.
- Technique for distance communication: any means that can be used for concluding a contract without the consumer and the entrepreneur being simultaneously present in the same place.
Article 2 – Identity of the Entrepreneur
Dutch Bow Store
Nudepark 177
6702 DZ Wageningen
Telephone number: 0317-747103
Email address: info@dutchbowstore.com
Chamber of Commerce number: 53858417
VAT number: NL851046708B01
If the entrepreneur’s activity is subject to a relevant licensing system, details of the supervisory authority shall be provided.
If the entrepreneur exercises a regulated profession:
- the professional association or organisation to which they belong;
- the professional title, the place within the EU or the European Economic Area where it was granted;
- a reference to the professional rules applicable in the Netherlands and how and where these rules can be accessed.
Article 3 – Applicability
- 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.
- Before the distance contract is concluded, 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, that the general terms and conditions are available for inspection at the entrepreneur’s premises and that they will be sent to the consumer free of charge as soon as possible 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 before the contract is concluded, be made available to the consumer electronically in such a way that the consumer can store them easily on a durable data carrier. If this is not reasonably possible, it shall be indicated where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.
- If, in addition to these general terms and conditions, specific product or service conditions apply, paragraphs 2 and 3 shall apply accordingly, and in the event of conflicting terms and conditions, the consumer may always rely on the most favourable applicable provision.
Article 4 – The Offer
- If an offer has a limited period of validity or is made subject to conditions, this shall be stated explicitly in the offer.
- The offer contains a complete and accurate description of the products 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 and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
- Every offer contains information that makes it clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- the price, including taxes;
- any delivery costs;
- the manner in which the contract will be concluded and which actions are necessary to do so;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and performance of the contract;
- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a different basis than the regular basic rate of the means of communication used;
- whether the contract will be archived after its conclusion and, if so, how it can be consulted by the consumer;
- the manner in which the consumer may check and, if desired, correct the data provided by them within the context of the contract;
- any other languages in which the contract may be concluded in addition to Dutch;
- the codes of conduct to which the entrepreneur has submitted and how the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the case of a continuing transaction.
Article 5 – The Agreement
- Subject to the provisions of paragraph 4, the contract comes into effect when the consumer accepts the offer and the conditions set out therein are fulfilled.
- If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may dissolve the contract.
- If the contract is concluded electronically, the entrepreneur shall 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 entrepreneur shall observe appropriate security measures.
- The entrepreneur may, within the limits of the law, ascertain whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the contract, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to its execution.
- The entrepreneur shall provide the following information to the consumer, either in writing or in such a way that the consumer can store it on a durable data carrier, no later than upon delivery of the product or service:
- the visiting address of the entrepreneur’s business establishment to which the consumer may address complaints;
- the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information on warranties and existing after-sales services;
- the information referred to in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before execution of the contract; and
- the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
- In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 – Right of Withdrawal
For delivery of products:
- When purchasing products, the consumer has the right to dissolve the contract without giving any reason for a period of 14 days. This cooling-off period starts on the day after the consumer, or a representative previously designated by the consumer and made known to the entrepreneur, receives the product.
- During the cooling-off period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to determine whether they wish to retain it. If the consumer exercises the right of withdrawal, the consumer shall return the product with all supplied accessories and—if reasonably possible—in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
For delivery of services:
- When services are supplied, the consumer has the right to dissolve the contract without giving any reason for at least fourteen days, commencing on the day the contract is concluded.
- To exercise the right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer or at the latest upon delivery.
Article 7 – Costs in Case of Withdrawal
- If the consumer exercises the right of withdrawal, at most the costs of returning the goods shall be borne by the consumer.
- If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 30 days after the return shipment or withdrawal.
Article 8 – Exclusion of the Right of Withdrawal
- The entrepreneur may exclude the consumer’s right of withdrawal insofar as provided for in paragraphs 2 and 3. Exclusion of the right of withdrawal is only possible if the entrepreneur has clearly stated this in the offer, or at least in good time before the contract is concluded.
- Exclusion of the right of withdrawal is only possible for products:
- produced according to the consumer’s specifications;
- that are clearly personal in nature;
- that, due to their nature, cannot be returned;
- that can spoil or age quickly;
- whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence;
- single newspapers and magazines;
- audio and video recordings and computer software of which the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- relating to accommodation, transport, restaurant services, or leisure activities to be carried out on a specific date or during a specific period;
- where performance has begun with the explicit consent of the consumer before the cooling-off period has expired;
- relating to betting and lotteries.
Article 9 – The Price
- During the validity period 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.
- In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. Any reference to target prices shall be stated in the offer.
- Price increases within 3 months of concluding the contract are only permitted if they result from statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
- they result from statutory regulations or provisions; or
- the consumer has the right to terminate the contract as of the day the price increase takes effect.
- The prices stated in the offer of products or services are inclusive of VAT.
Article 10 – Loyalty Program
- Participation
Our loyalty program is available only to registered customers. Participation is entirely free of charge.
- Earning Points
Customers earn points for every purchase made on our website. Points may also be awarded for specific actions, such as creating an account, referring a friend, or leaving a review.
- Redeeming Points
Points can be redeemed for discounts or selected rewards, as listed on our Rewards page. Points have no cash value and cannot be exchanged for money.
- Expiration of Points
Points remain valid for 24 months from the date they are earned, unless otherwise stated. Customers will be informed in a timely manner if any change in the validity period occurs.
- Changes and Termination
We reserve the right to modify, temporarily suspend, or terminate the loyalty program. If the program is terminated or significantly changed, participants will be notified in a timely manner. Any accumulated points will remain available for a reasonable period so participants can redeem them within the announced timeframe.
- Abuse
Misuse of the program, including fraudulent activity or the creation of multiple accounts, may result in the loss of points that were unlawfully obtained and may lead to suspension of the account.
Article 11 – Conformity and Warranty
- The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and all statutory provisions and/or government regulations existing on the date the contract is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.
- Any warranty provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims the consumer may assert against the entrepreneur based on the contract.
Article 12 – Delivery and Execution
- The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
- The place of delivery is deemed to be the address that the consumer has provided to the entrepreneur.
- Subject to what is stated in Article 4 of these terms and conditions, the entrepreneur shall execute accepted orders with due speed but no later than 30 days, unless a longer 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 notified no later than 30 days after placing the order. In such a case, the consumer has the right to dissolve the contract at no cost and is entitled to any applicable compensation.
- In the event of dissolution under the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
- If delivery of an ordered product proves impossible, the entrepreneur shall make an effort to make a replacement item available. No later than upon delivery, it shall be clearly and comprehensibly stated that a replacement item is being delivered. For replacement items, the right of withdrawal may not be excluded. Return costs (if applicable) shall be borne by the entrepreneur.
- The risk of damage to 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.
- Delivery shall take place only after proof of legal age is provided by means of presenting an identification document or providing a copy thereof. Orders are shipped via registered mail. Delivery by the courier takes place only to adults. A signature is required upon receipt.
Article 13 – Continuing Transactions: Duration, Termination and Renewal
Termination
- The consumer may terminate a contract entered into for an indefinite period, which is intended for the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period not exceeding one month.
- The consumer may terminate a contract entered into for a definite period, which is intended for the regular delivery of products (including electricity) or services, at the end of the agreed duration, with due observance of the agreed termination rules and a notice period not exceeding one month.
- The consumer may terminate the contracts referred to in the previous paragraphs:
- at any time and not be restricted to termination at a specific time or during a specific period;
- at least in the same way as they were entered into by the consumer; and
- always with the same notice period that the entrepreneur has stipulated for themselves.
Renewal
- A contract entered into for a definite period, which is intended for the regular delivery of products (including electricity) or services, may not be tacitly renewed or extended for a definite period.
- In deviation from the previous paragraph, a contract entered into for a definite period for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a definite period of no more than three months, provided the consumer may terminate this renewed contract toward the end of the renewal with a notice period not exceeding one month.
- A contract entered into for a definite period 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 not exceeding one month, and a notice period of no more than three months in the case of the regular (but less than monthly) delivery of daily, news, and weekly newspapers and magazines.
- A contract with a limited duration intended for the regular delivery of daily, news, and weekly newspapers and magazines for trial or introductory purposes (trial or introductory subscription) shall not be tacitly continued and ends automatically after the trial or introductory period.
Duration
- If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 14 – Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of a contract for the provision of a service, this period begins after the consumer has received the confirmation of the contract.
- In the sale of products to consumers, the general terms and conditions may never require an advance payment exceeding 50%. If advance payment has been stipulated, the consumer may not assert any rights regarding the execution of the order or service(s) concerned until the stipulated advance payment has been made.
- The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
- In the event of non-payment by the consumer, and subject to legal limitations, the entrepreneur has the right to charge the consumer reasonable costs that were communicated in advance.
Article 15 – Complaints Procedure
- The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.
- Complaints about the execution of the contract must be submitted to the entrepreneur within a reasonable period after the consumer has discovered the defects, fully and clearly described.
- Complaints submitted to the entrepreneur shall be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur shall respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed reply.
- If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
Article 16 – Disputes
- Only Dutch law applies to contracts between the entrepreneur and the consumer to which these general terms and conditions apply.
Article 17 – Additional or Deviating Provisions
- 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.