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 - Consumer's Obligations during the Cooling-Off Period
Article 8 - Exercise of the Right of Withdrawal by the Consumer and Its Costs
Article 9 - Entrepreneur's Obligations in Case of Withdrawal
Article 10 - Exclusion of the Right of Withdrawal
Article 11 - The Price
Article 12 - Compliance with the Agreement and Additional Warranty
Article 13 - Delivery and Execution
Article 14 - Duration Transactions: Duration, Termination, and Extension
Article 15 - Payment
Article 16 - Complaints Procedure
Article 17 - Disputes
Article 18 - Additional or Deviating Provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Additional 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 agreement between that third party and the entrepreneur;

Cooling-off period: the period during which the consumer may exercise their right of withdrawal;

Consumer: the natural person who does not act for purposes related to their trade, business, craft, or profession;

Day: calendar day;

Digital content: data produced and delivered in digital form;

Continuing performance contract: a contract that relates to the regular delivery of goods, services, and/or digital content over a specified period;

Durable data carrier: any means, including email, that enables the consumer or entrepreneur to store information that is addressed to them personally in a way that facilitates future access or use for a period tailored to the purpose for which the information is intended and which allows unchanged reproduction of the stored information;

Right of withdrawal: the consumer's option to cancel the distance contract during 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 as part of an organized system for distance selling of products, digital content, and/or services, where exclusive use of one or more means of distance communication up to and including the conclusion of the agreement is made;

Model withdrawal form: a digital version of the withdrawal form can be found on the website;

Means of distance communication: a tool that can be used for concluding an agreement, without the consumer and entrepreneur having to be in the same place simultaneously.

Article 2 - Identity of the Entrepreneur

Eelcodeboer.com
Keizersgracht 520H
Amsterdam, Netherlands
info@eelcodeboer.com

Winst.nl BV
Chamber of Commerce (KvK): 68717067
VAT (BTW): NL857560992B01

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 will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be inspected by the consumer and that they will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the general terms and conditions can be electronically accessed and that they will be sent to the consumer free of charge upon request electronically or in another way.

In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply by analogy, and the consumer may always invoke the applicable provision that is most favorable to them in the event of conflicting conditions.

Article 4 - The Offer

If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.

The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the products, services, and/or digital content offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.

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

Article 5 - The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment at which the consumer accepts the offer and complies with the corresponding conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may rescind the agreement.

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

The entrepreneur may, within legal frameworks, gather information about the consumer's ability to fulfill their payment obligations, as well as 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 agreement, they are entitled to refuse an order or request, giving reasons, or to attach special conditions to the implementation.

The entrepreneur will provide the following information to the consumer, in writing or in such a way that the consumer can store it on an accessible durable medium:
a. the visiting address of the entrepreneur's business establishment where the consumer may contact the entrepreneur for any complaints;
b. 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 the exclusion of the right of withdrawal;
c. the information about guarantees and existing after-sales service;
d. the price, including all taxes on the product, service, or digital content; the costs of delivery insofar as applicable, and the method of payment, delivery, or execution of the distance contract;
e. the requirements for canceling the agreement if the agreement has a duration of more than one year or for an indefinite period.

In the case of a continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.

Article 6 - Right of Withdrawal

When delivering products:

When purchasing products, a consumer has the option to rescind the contract without specifying any reasons during 14 days. This cooling-off period commences on the day following receipt of the product by the consumer or a representative previously designated by the consumer and disclosed to the entrepreneur.

During the cooling-off period, the consumer shall handle the product and the packaging with care. They shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and efficacy of the product. The point of departure here is that the consumer may only handle and inspect the product in the same manner as they would be allowed to in a shop.

The consumer shall be liable only for any diminished value of the product that arises from use beyond what is necessary to determine the nature, characteristics, and efficacy of the product as referred to in paragraph 2. The consumer is not liable for the diminished value of the product if the entrepreneur has not provided them with all legal information about the right of withdrawal before concluding the agreement.

If the consumer exercises their right of withdrawal, they 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 notification referred to in paragraph 4, the consumer shall return the product, or hand it over to (a representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer shall be deemed to have observed the return deadline if they return the product before the cooling-off period has expired.

The consumer shall return the product with all accessories delivered, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided 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 points out that they will bear the costs themselves, the consumer does not have to bear the costs of returning the product.

If the consumer rescinds after having first explicitly requested that the performance of a service or the supply of gas, water, or electricity commenced in a limited volume or quantity during the cooling-off period, the consumer shall owe the entrepreneur an amount that is equal to the part of the obligation performed by the entrepreneur at the time of rescission as compared with full compliance with the obligation.

The consumer shall bear no costs for the performance of services or the supply of water, gas, or electricity not made ready for sale in a limited volume or quantity, or for the supply of district heating if:
a. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in case of withdrawal, or the model withdrawal form, or;
b. the consumer has not explicitly requested that the performance of the service or the supply of gas, water, or electricity, or district heating commenced in a limited volume or quantity during the cooling-off period.

The consumer shall bear no costs for the complete or partial supply of digital content not supplied on a tangible medium, if:
a. the consumer has not explicitly agreed to commencement of the performance of the contract before the end of the cooling-off period;
b. they have not acknowledged that they thereby lose their right of withdrawal.

Article 7 - Consumer's Obligations during the Cooling-Off Period

During the cooling-off period, the consumer shall handle the product and the packaging with care. They shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and efficacy of the product. The point of departure here is that the consumer may only handle and inspect the product in the same manner as they would be allowed to in a shop.

Article 8 - Exercise of the Right of Withdrawal by the Consumer and Its Costs

If the consumer exercises their right of withdrawal, they shall notify the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.

Article 9 - Entrepreneur's Obligations in Case of Withdrawal

As soon as possible but within 14 days from the day following notification referred to in Article 6, paragraph 4 (exercise of the right of withdrawal), the entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notified the entrepreneur of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait to reimburse the consumer until they have received the product or until the consumer demonstrates that they have returned the product, whichever occurs first.

Article 10 - Exclusion of the Right of Withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly indicated this in the offer, at least in a timely manner before the conclusion of the contract:

Products or services whose price is linked to fluctuations in the financial market over which the entrepreneur has no control and which may occur within the withdrawal period;

Contracts concluded during a public auction. A public auction is understood as a sales method in which products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or given the opportunity to be present at the auction, conducted by an auctioneer, and where the successful bidder is obliged to take delivery of the products, digital content, and/or services;

Service agreements, after full performance of the service, but only if:
The performance has started with the explicit prior consent of the consumer; and
The consumer has declared that they lose their right of withdrawal once the entrepreneur has fully performed the contract;

Service contracts for the provision of accommodation, if a specific date or period of performance is provided in the contract and is different from residential purposes, goods transportation, car rental services, and catering;

Agreements related to leisure activities, if a specific date or period of performance is provided in the contract;

Products manufactured according to the consumer's specifications, which are not prefabricated and which are made based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;

Products that perish quickly or have a limited shelf life;

Sealed products that are not suitable for return due to reasons of health protection or hygiene and whose sealing has been broken after delivery;

Products that, by their nature, are irrevocably mixed with other products after delivery;

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

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

Newspapers, magazines, or periodicals, with the exception of subscriptions to these;

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

The execution has started with the express prior consent of the consumer; and

The consumer has declared that they lose their right of withdrawal.

Article 11 - The Price

During the validity period 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.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services with prices linked to fluctuations in the financial market and over which the entrepreneur has no influence. The fact that any prices mentioned may be target prices and are subject to fluctuations will be stated in the offer.

Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
They are the result of statutory regulations or provisions; or
The consumer has the right to terminate the contract from the day the price increase takes effect.

The prices mentioned in the offer of products or services are exclusive of VAT.

Article 12 - Performance of the Contract and Additional Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications mentioned in the offer, meet the reasonable requirements of soundness and/or usability, and comply with the legal provisions and/or government regulations applicable on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

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 if the entrepreneur has failed to fulfill his part of the contract.

An additional guarantee is understood to mean any commitment by the entrepreneur, his supplier, importer, or manufacturer in which they grant the consumer certain rights or claims that go beyond what is legally required in the event they have failed to fulfill their part of the contract.

Article 13 - Delivery and Performance

The entrepreneur will take the greatest possible care when receiving orders for products and when assessing applications for the provision of services.

The place of delivery is the address that the consumer has provided to the entrepreneur.

Subject to what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the contract free of charge and is entitled to any compensation for damages.

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

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and notified representative to the entrepreneur, unless explicitly agreed otherwise.

Article 14 - Duration Transactions: Duration, Termination, and Renewal

Termination:

A contract for an indefinite period that has been entered into and that provides for the regular delivery of products (including electricity) or services may be terminated by the consumer at any time, subject to the agreed termination rules and a notice period of no more than one month.

A contract for a definite period that has been entered into and that provides for the regular delivery of products (including electricity) or services may be terminated by the consumer at any time at the end of the definite term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer can terminate the contracts referred to in the preceding paragraphs:
at any time and is not limited to termination at a specific time or during a specific period;
terminate at least in the same way as they have been entered into by them;
always terminate with the same notice period as the entrepreneur has stipulated for himself.

Renewal:

A contract for a definite period that has been entered into and that provides for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.

Notwithstanding the previous paragraph, a contract for a definite period that has been entered into and that provides for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a definite period of up to three months, if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.

A contract for a definite period that has been entered into and that provides for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer is entitled to terminate it at any time with a notice period of no more than one month. The notice period is a maximum of three months in the event the contract is for regular delivery, but less than once a month, of daily, news, and weekly newspapers and magazines.

A contract for a definite period for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly renewed and will automatically end at the end of 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 of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 - Payment

Unless otherwise agreed in the contract or additional conditions, the 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 contract. In the case of a contract for the provision of a service, this period starts on the day after the consumer receives the confirmation of the contract.

In consumer sales, the consumer may never be obliged in general terms and conditions to make an advance payment of more than 50%. If an advance payment is agreed, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.

The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

If the consumer does not fulfill his payment obligation(s) in a timely manner, he is deemed to be in default from the moment he is in default. In that case, the entrepreneur is entitled to charge the consumer interest on the amount due in accordance with the legal interest rate and the entrepreneur is entitled to charge the consumer extrajudicial collection costs. These collection costs are limited 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 entrepreneur may deviate from the aforementioned amounts and percentages in favor of the consumer.

Article 16 - Complaints Procedure

The entrepreneur has a sufficiently disclosed complaints procedure and handles complaints in accordance with this complaints procedure.

Complaints about the execution of the contract must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.

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 of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after the complaint has been submitted, a dispute arises that is susceptible to the dispute settlement procedure.

Article 17 - Disputes

Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.

Article 18 - Additional or Deviating Provisions

Additional or deviating provisions 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.