UNIVERSITY SHOP GENERAL TERMS AND CONDITIONS
Article 1 – Definitions
In these Terms and Conditions, the following terms are defined as stated below:
- Additional agreement: an agreement in which the Consumer acquires products with respect to a distance agreement and these goods are delivered by the Entrepreneur or a third party on the basis of an arrangement between this third party and the Entrepreneur;
- Cooling-off period: the period during which the Consumer may exercise his/her right of withdrawal;
- Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;
- Day: calendar day;
- Sustainable data carrier: any means, including email, that allow the Consumer or the Entrepreneur to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible.
- Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period;
- Entrepreneur: the legal person who provides products to Consumers at a distance;
- Distance contract: a contract concluded by the Entrepreneur and the Consumer within the scope of an organised system for distance selling products, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;
- Standard form for withdrawal: the European standard form for withdrawal included in Appendix 1;
- Technology for distance communication: a means to be used for concluding an agreement without the Consumer and the Entrepreneur being together in the same place at the same time.
Article 2 – The Entrepreneur’s identity
University Shop Leiden
Operating under the names: uwinkel, University Shop, Universiteitswinkel
2311 EZ Leiden
Kaiserstraat 25 (ground floor of Plexus Student Centre)
2311 GN Leiden
Telephone number: 071 527 7900 (local tariff)
Netherlands Chamber of commerce (KvK) number: 27368929
Netherlands VAT (BTW) identity number: NL001935549B901
Article 3 – Applicability
- These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the Consumer.
- Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available free of charge and as soon as possible. If this is not reasonably possible, the Entrepreneur shall indicate in what way the General Terms and Conditions can be inspected and that they will be sent free of charge if so requested, before the distance contract is concluded.
- If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long-term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that they will be sent to at the Consumer´s request free of charge, either via electronic means or otherwise, before concluding the distance contract;
- In the event that specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the Consumer may always appeal to the applicable provision that is most favourable to him/her.
Article 4 – The offer
- If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
- The offer contains a full and accurate description of the products offered. The description is suitably detailed to enable the Consumer to assess the products adequately. If the Entrepreneur makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer do not bind the Entrepreneur.
- All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.
Article 5 – The contract
- Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
- If the Consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may terminate the contract.
- If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures.
- The Entrepreneur may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.
- Before delivering the product, the Entrepreneur shall send the following information along with the product in writing or in such manner that the Consumer can store it in an accessible manner on a long-term data carrier:
- the visiting address of the Entrepreneur´s business establishment where the Consumer may get into contact with any complaints;
- the conditions under which and the manner in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about his/her being exempted from the right of withdrawal;
- the information corresponding to existing after-sales services and guarantees;
- the price including all taxes on the product, where applicable the delivery costs and the method of payment, delivery or implementation of the distance contract;
- the standard form for withdrawal if the Consumer has the right of withdrawal.
6. In case of a continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal
- The Consumer can terminate a purchase contract for a product without giving reasons during a cooling-off period of at least 14 days. The Entrepreneur may ask the Consumer about the reason for the withdrawal but cannot force the Consumer to state his/her reason(s).
- The cooling-off period referred to in sub-clause 1 starts on the day the product is received by the Consumer or by a third party appointed by him/her in advance and who is not the carrier, or
- if the Consumer ordered several products in the same order: the day on which the Consumer or a third party appointed by him/her received the last product. The Entrepreneur may refuse an order of several products with different delivery dates provided that he clearly informs the Consumer prior to the order process.
- in case the delivery of a product consists of several batches or parts: the day on which the Consumer or a third party appointed by him/her received the last batch or the last part.
- in case of an agreement about regular delivery of products during a given period: the day on which the Consumer or a third party appointed by him/her received the first product.
Extended cooling-off period for products, services and digital content that has not been delivered on a physical carrier in case no information is given about the right of withdrawal:
3. If the Entrepreneur has not provided the Consumer with the legally required information about the right of withdrawal, or has not provided the standard form for withdrawal, the cooling-off period expires twelve months after the end of the original cooling-off period in accordance with the cooling-off period determined in the previous sub-clauses of this Article.
4. If the Entrepreneur provided the Consumer with the information referred to in the previous article within twelve months after the starting day of the original cooling-off period the cooling-off period expires 14 day after the day on which the Consumer received the information.
Article 7 – Consumer’s obligations during the cooling-off period
- During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of the product. The guiding principle is that the Consumer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.
- The Consumer is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than allowed in sub-section 1.
- The Consumer is not liable for the decrease in value of the product if the Entrepreneur has not provided him/her with all legal information about the right of withdrawal before concluding the Agreement.
Article 8 – Exercising the Consumer’s right of withdrawal and relevant costs
- If the Consumer exercises his right of withdrawal he shall notify the Entrepreneur unambiguously with the standard form for withdrawal within the cooling-off period.
- The Consumer shall return the product or deliver it to (the authorised representative of) the Entrepreneur as soon as possible but within 14 days of the day following the notification referred to in sub-clause 1. The Consumer shall observe the period of returning the product in any event if the product is returned before the expiration of the cooling-off period.
- The Consumer shall return the product with all delivered accessories and, if reasonably possible, in the original state and packing and in conformity with reasonable and clear instructions given by the Entrepreneur.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Consumer.
- The Consumer shall bear the direct costs of returning the product. If the Entrepreneur has not reported that the Consumer has to bear these costs or if the Entrepreneur pointed out that he will bear the costs him/herself, the Consumer need not pay the cost of returning the product.
- If the Consumer exercises his right of withdrawal, all additional agreements end by operation of law.
Article 9 – Entrepreneur’s obligations in case of withdrawal
- If the Entrepreneur facilitates notification of withdrawal by electronic means, he/she shall promptly send a confirmation of receipt of said notification.
- The Entrepreneur shall reimburse the payment made by the Consumer, excluding any costs for returning the product. This is unless the Entrepreneur offers to collect the product him/herself. In this case the Entrepreneur can await receipt of the returned product, or proof from the Consumer that he/she has returned the product, whichever occurs first, before reimbursing the payment.
Article 10 - Exclusions from the right of withdrawal
The Entrepreneur can exclude the following products and services from the right of withdrawal, but only if the Entrepreneur stated this clearly when making the offer, or in good time before concluding the agreement:
- Products manufactured in accordance with the Consumer’s specifications which are not prefabricated and which are produced on the basis of a Consumer’s individual choice or decision or which are intended for a specific person;
- Perishable products or products with a limited durability.
- Sealed products which are for health or hygiene reasons not suitable for being returned and of which the seal was broken;
- Products which for their nature are irreversibly mixed with other products;
- Alcoholic drinks of which the price has been agreed upon at the conclusion of the agreement but of which the delivery can take place only after 30 days, and whose real value depends on fluctuations in the market which the Entrepreneur cannot affect.
Article 11 - The price
- The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT rates.
- All prices indicated in the provision of products are including VAT.
Article 12 – Meeting the agreement and extra guarantee
- The Entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded.
- An extra guarantee offered by the Entrepreneur, his/her Supplier, Manufacturer or Importer shall never affect the rights and claims the Consumer may exercise against the Entrepreneur about a failure in the fulfilment of the Entrepreneur’s obligations if the Entrepreneur has failed in the fulfilment of his part of the agreement.
Article 13 – Delivery and execution
- The Entrepreneur shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.
- The place of delivery is at the address given by the Consumer to the Entrepreneur.
- With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to terminate the contract free of charge and with the right to possible compensation.
- After termination in conformity with the preceding paragraph, the Entrepreneur shall return the payment made by the Consumer promptly but at least within 30 days after termination.
- The risk of loss and/or damage to products will be borne by the Entrepreneur until the time of delivery to the Consumer or a representative appointed in advance and made known to the Consumer, unless explicitly agreed otherwise.
Article 14 - Complaints procedure
- The Entrepreneur has a well-publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted fully and clearly described to the Entrepreneur within a reasonable time after the Consumer has discovered the defects.
- Complaints submitted to the Entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed answer.
- The Consumer is required to allow the Entrepreneur a period of at least 4 weeks in which to internally discuss and respond to the complaint.
Article 15 - Disputes
Only Dutch law applies to agreements between the Entrepreneur and the Consumer to which these general terms and conditions apply. Disputes will be submitted exclusively to the District Court of The Hague.
Article 16 - Additional or different provisions
Additional provisions or deviations from these 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.
Disclaimer: This is an unofficial translation provided for information purposes only. If there are any discrepancies between the original Dutch version of the 'Algemene Voorwaarden University Shop Leiden’ and this English translation, the Dutch version shall govern. Any such discrepancies are not binding and are of no legal effect.
Appendix I: Standard form for withdrawal
Standard Form for Withdrawal
(Complete this form and return if you wish to revoke the agreement)
To: University Shop Leiden
Kaiserstraat 25 (ground floor Plexus Student Centre)
2311 GN Leiden
I hereby inform you that I wish to revoke our agreement on the sale of the following product:
[specification of the product]
Ordered on: __/__/____ (date)
Received on: __/__/____ (date)