Terms and conditions

Index:

Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Artikel 3 – Geltungsbereich
Artikel 4 – Das Angebot
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Customer Obligations During the Cooling-off Period
Article 8 – Customer’s Exercise of the Right of Withdrawal and Related Costs
Article 9 – Trader’s Obligations in the Event of Withdrawal
Article 10 – Exclusion of the Right of Withdrawal
Article 11 – Price
Article 12 – Performance and Additional Warranty
Article 13 – Delivery and Performance
Article 14 – Ongoing Transactions: Duration, Termination and Renewal
Article 15 – Payment
Article 16 – Complaints Management
Article 17 – Disputes
Article 18 – Additional or Deviating Provisions

Article 1 – Definitions

In 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 trader or by a third party on the basis of an agreement between that third party and the trader;
Cooling-off period: the period within which the consumer may exercise the right of withdrawal;
Customer: the natural person who is not acting for purposes relating to his or her trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and supplied in digital form;
Long-term contract: an agreement relating to the regular supply of goods, services and/or digital content over a specified period;
Durable medium: any device – including email – that enables the consumer or trader to store information addressed personally to them in a way that allows it to be consulted or used in the future for a period appropriate to the purpose for which the information is intended, and that allows the unchanged reproduction of the stored information;
Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
Trader: 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 trader and the consumer within the framework of an organised system for the distance sale of products, digital content and/or services, whereby up to and including the conclusion of the agreement one or more means of distance communication are used exclusively or jointly;
Model withdrawal form: the European model withdrawal form included in Annex I of 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;
Means of distance communication: means that it can be used to conclude an agreement without the consumer and the trader having to be in the same place at the same time.

Article 2 – Identity of the entrepreneur

Golden Classics
Voltaweg 5, 7591 HJ Denekamp;
Telephone number: 0031-622559535 – 0031-622213852

E-Mail Address: info@goldenclassicstore.com
CoC number:55972268
VAT number: NL851927944B01

If the trader’s activity is subject to a relevant licensing scheme: the details of the supervisory authority.

If the trader practises a regulated profession:

the professional association or organisation to which they belong;
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 instructions on where and how these professional rules can be accessed.

Artikel 3 – Geltungsbereich

These general terms and conditions apply to all offers made by the trader and to all distance contracts concluded between the trader and the consumer.
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 trader’s general terms and conditions can be consulted and that they will be sent to the consumer free of charge as soon as possible at the consumer’s request.
If the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be read electronically and that they will be sent to the consumer free of charge electronically or otherwise at the consumer’s request.
If, in addition to these general terms and conditions, specific product or service conditions also apply, paragraphs 2 and 3 apply accordingly, and in the event of conflicting conditions the consumer may always rely on the provision that is most favourable to them.

Artikel 4 – Das Angebot

If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description must be sufficiently detailed to enable the consumer to properly assess the offer. If the trader uses images, these are a true representation of the products, services and/or digital content offered. Obvious errors or omissions in the offer do not bind the trader.
Each offer contains information that makes it clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 – The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and complies with the conditions set out therein.
If the consumer has accepted the offer electronically, the trader will promptly confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may terminate the agreement.
If the agreement is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and to ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures.
Within the legal framework, the trader may obtain information about whether the consumer can meet their payment obligations, as well as about all facts and factors that are important for responsibly entering into the distance contract. If, on the basis of this investigation, the trader has valid reasons not to conclude the agreement, the trader is entitled to refuse an order or request, stating reasons, or to attach special conditions to performance.
No later than upon delivery of the product, service or digital content to the consumer, the trader will provide the consumer with the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
a. the visiting address of the trader’s place of business where the consumer can submit complaints;
b. 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;
c. the information about warranties and existing after-sales service;
d. the price, including all taxes, of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
e. the requirements for terminating the agreement if the agreement has a term 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 long-term transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of Withdrawal

For products:

The consumer may terminate an agreement for the purchase of a product during a cooling-off period of at least 14 days without stating any reason. The trader may ask the consumer to state the reason for withdrawal, but may not oblige the consumer to do so.
The cooling-off period referred to in paragraph 1 begins on the day after the consumer, or a third party designated by the consumer in advance, has received the product, or:
a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. The trader may refuse an order for multiple products with different delivery times, provided the trader clearly informed the consumer of this before the ordering process.
b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the last part;
c. for agreements for regular delivery of products over a specified period: the day on which the consumer, or a third party designated by them, has received the first product.
For services and digital content not supplied on a tangible medium:
The consumer may terminate a service agreement and an agreement for the supply of digital content not supplied on a tangible medium during a period of at least 14 days without stating any reason. The trader may ask the consumer to state the reason for withdrawal, but may not oblige the consumer to do so.
The cooling-off period referred to in paragraph 3 begins on the day after the agreement is concluded.
Extended cooling-off period for products, services and digital content not supplied on a tangible medium if information about the right of withdrawal was not provided:
If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the right of withdrawal expires twelve months after the end of the original cooling-off period determined in accordance with the preceding paragraphs of this article.
If the trader provides the consumer with the information referred to in paragraph 1 within twelve months after the start of the original cooling-off period, the cooling-off period ends 14 days after the day on which the consumer received that information.

Article 7 – Consumer Obligations During the Cooling-off Period

During the cooling-off period, the consumer must handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The guiding principle is that the consumer may only handle and inspect the product as they would be allowed to do in a shop.
The consumer is liable only for any diminished value of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.
The consumer is not liable for any diminished value of the product if the trader did not provide all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 – Customer’s Exercise of the Right of Withdrawal and Related Costs

If the consumer exercises the right of withdrawal, the consumer shall notify the trader 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 the trader (or the trader’s authorised representative). This is not necessary if the trader has offered to collect the product themselves. In any event, the consumer has observed the return period if they return the product before the cooling-off period has expired.
The consumer shall return the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the trader’s reasonable and clear instructions.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
The consumer bears the direct costs of returning the product. If the trader has not informed the consumer that the consumer must bear these costs, or if the trader has indicated that they will bear the costs themselves, the consumer does not have to bear the costs of return.
If the consumer withdraws after having expressly requested that the performance of the service or the supply of gas, water or electricity not offered for sale in a limited volume or in a set quantity begins during the cooling-off period, the consumer shall owe the trader an amount proportional to the part of the obligation performed by the trader at the time of withdrawal, compared to full performance of the obligation.
The consumer bears no costs for the performance of services or the supply of water, gas or electricity not offered for sale in a limited volume or quantity, or for the supply of district heating, if:
a. the trader has not provided 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
b. the consumer did not expressly request the start of the performance of the service or the supply of gas, water, electricity or district heating during the cooling-off period.
The consumer bears no costs for the supply of digital content not supplied on a tangible medium, in whole or in part, if:
a. the consumer did not expressly consent to the start of performance of the agreement before the end of the cooling-off period;
b. the consumer did not acknowledge that they lose their right of withdrawal when giving their consent; or
c. the trader did not confirm this statement by the consumer.
If the consumer exercises the right of withdrawal, all supplementary agreements are legally terminated.

Article 9 – Trader’s Obligations in the Event of Withdrawal

If the trader enables the consumer to notify withdrawal electronically, the trader shall send an acknowledgement of receipt without delay after receiving this notification.
The trader shall reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay and in any event within 14 days from the day on which the consumer informed the trader of the withdrawal. Unless the trader offers to collect the product themselves, the trader may withhold reimbursement until they have received the product or until the consumer has provided evidence that the product has been returned, whichever occurs first.
The trader shall use the same means of payment for reimbursement as the consumer used, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
If the consumer opted for a more expensive method of delivery than the cheapest standard delivery, the trader does not have to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of the Right of Withdrawal

The trader may exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this in the offer, at least in good time before
the conclusion of the agreement:

Products or services whose price is subject to fluctuations in the financial market over which the trader has no influence and which may occur within the withdrawal period;
Agreements concluded during a public auction. A public auction is defined as a method of sale 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, under the direction of an auctioneer, and whereby 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 they lose their right of withdrawal once the trader has fully performed the agreement;
Package travel as referred to in Section 7:500 of the Dutch Civil Code and agreements for the transport of persons;
Service agreements for the provision of accommodation, where the agreement provides for a specific date or a specific period of performance and not for residential purposes, goods transport, car rental and catering;
Agreements relating to leisure activities, where the agreements provide for a specific date or period for their performance;
Products manufactured to the consumer’s specifications, which are not prefabricated and are produced on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products which, by their nature, are irreversibly mixed with other products after delivery;
Alcoholic beverages whose price was agreed at the time the agreement was concluded, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the trader has no control;
Sealed audio or video recordings and computer software whose seal has been broken after delivery;
Newspapers, periodicals or magazines, with the exception of subscriptions;
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 they thereby lose their right of withdrawal.

Article 11 – Price

During the period of validity stated 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.
By way of derogation from the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, at variable prices. The fact that these prices are subject to fluctuations and that any prices stated are indicative prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are permitted only if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are permitted only if the trader has stipulated this and:
a. they result from statutory regulations or provisions; or
b. the consumer is authorised to terminate the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer for products or services include statutory VAT.

Article 12 – Performance and Additional Warranty

The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or fitness for purpose, and the statutory provisions and/or government regulations in force at the time the agreement is concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use.
Any additional warranty provided by the trader, their supplier, manufacturer or importer never limits the statutory rights and claims that the consumer may assert against the trader under the agreement if the trader has failed to fulfil their part of the agreement.
An additional warranty means any obligation by the trader, their supplier, importer or manufacturer whereby they grant the consumer certain rights or claims that go beyond what is legally required if they have failed to fulfil their part of the agreement.

Article 13 – Delivery and Performance

The trader will exercise the greatest possible care when receiving and fulfilling orders for products and when assessing requests for the provision of services.
The place of performance is the address that the consumer has provided to the trader.
Subject to the provisions of Article 4 of these general terms and conditions, the trader shall fulfil accepted orders without delay, and at the latest 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 of this within 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and with entitlement to any compensation.
After termination in accordance with the previous paragraph, the trader shall promptly refund the amount paid by the consumer.
The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 14 – Ongoing Transactions: Duration, Termination and Renewal

Termination:

The consumer may terminate an agreement concluded for an indefinite period, which extends to the regular supply of products (including electricity) or services, at any time subject to the agreed termination rules and a notice period of up to one month.
The consumer may terminate a fixed-term agreement concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of up to one month.
The consumer may terminate the agreements referred to in the preceding paragraphs:
– at any time and is not restricted to termination at a specific time or during a specific period; – at least in the same manner as they were concluded by the consumer;
– always with the same notice period as the trader has stipulated for themselves. Renewal:
A fixed-term agreement concluded for the regular supply of products (including electricity) or services may not be tacitly renewed or extended for a fixed term.
By way of derogation from paragraph 1, a fixed-term agreement concluded for the regular supply of daily or weekly newspapers or magazines may be tacitly renewed for a fixed period of up to three months, provided the consumer is entitled to terminate this renewed agreement at the end of the renewal with a notice period of no more than one month.
A fixed-term agreement concluded for the regular supply 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 up to one month. The notice period may not exceed three months if the agreement provides for the regular, but less than monthly, supply of daily, news and weekly newspapers and magazines.
A fixed-term agreement for the regular supply of daily, news and weekly newspapers and magazines (trial or introductory subscription) for introductory purposes will not be tacitly continued and will end automatically at the end of the trial or introductory period.
Duration:
If an agreement lasts longer 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 require otherwise before the end of the agreed term.

Article 15 – Payment

Unless otherwise stipulated in the agreement or in additional conditions, amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period or, if there is no cooling-off period, within 14 days after the conclusion of the agreement. In the case of a service agreement, this period begins 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 to pay more than 50% in advance. Where advance payment has been agreed, the consumer may not assert any rights regarding the execution of the order or service(s) before the agreed advance payment has been made.
The consumer is obliged to report inaccuracies in payment details provided to or stated to the trader without delay.
If the consumer does not meet their payment obligations in time, after the trader has informed the consumer of the late payment and the trader has granted the consumer a period of 14 days to meet their payment obligations, the consumer shall owe statutory interest on the outstanding amount after the expiry of this 14-day period and the trader is entitled to charge the consumer the extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500 and 5% on the next €5,000, with a minimum of €40. The trader may deviate from the stated amounts and percentages in favour of the consumer.

Article 16 – Complaints Management

The trader has a complaints procedure that has been properly communicated and handles complaints in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to the trader within a reasonable time after the consumer has fully and clearly described the defects.
Complaints submitted to the trader will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
In any event, the consumer must give the trader at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to dispute resolution.

Article 17 – Disputes

Agreements between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.

Article 18 – Additional or Deviating Provisions

Additional or deviating provisions of 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 the consumer can store them in an accessible manner on a durable medium.