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 – Conformity and Warranty
Article 11 – Delivery and Execution
Article 12 – Duration Transactions: Duration, Termination, and Extension
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Deviating Provisions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
1. Cooling-off Period: The period during which the consumer can exercise their right of withdrawal;
2. Consumer: The natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur;
3. Day: Calendar day;
4. Duration Transaction: A distance contract concerning a series of products and/or services, with the delivery and/or purchase obligation spread over time;
5. Durable Medium: Any means that allows the consumer or entrepreneur to store information addressed personally to them in a way that enables future consultation and unchanged reproduction of the stored information;
6. Right of Withdrawal: The possibility for the consumer to withdraw from the distance contract within the cooling-off period;
7. Model Withdrawal Form: The model form for withdrawal provided by the entrepreneur that a consumer can fill out when they wish to exercise their right of withdrawal;
8. Entrepreneur: The natural or legal person who offers products and/or services at a distance to consumers;
9. Distance Contract: A contract in the context of a system organized by the entrepreneur for the sale of products and/or services at a distance, whereby the agreement is concluded exclusively using one or more techniques for distance communication;
10. Technique for Distance Communication: A means that can be used to conclude an agreement without the consumer and the entrepreneur being simultaneously present in the same space;
11. General Terms and Conditions: These General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the Entrepreneur
SpeedComfort
Goudsesingel 136
3011 KD Rotterdam
Phone number: +31 85 – 666 62 23
Email address: support-uk@speedcomfort.com
Chamber of Commerce number: 63800543
VAT identification number: NL 8554.08.157 B01
Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
2. 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent to the consumer as soon as possible free of charge upon request.
3. If the distance contract is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph, be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium before the distance contract is concluded. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge electronically or in another manner upon request.
4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and the consumer may always invoke the applicable provision that is most favorable to them in the case of conflicting general terms and conditions.
5. If one or more provisions in these general terms and conditions are wholly or partially null and void or are annulled at any time, the agreement and these conditions shall remain in effect for the remainder, and the relevant provision shall be replaced immediately by a provision that approximates the intent of the original as closely as possible.
6. Situations not covered by these general terms and conditions shall be assessed ‘in the spirit’ of these general terms and conditions.
7. Ambiguities regarding the interpretation or content of one or more provisions of our terms shall be explained ‘in the spirit’ of these general terms and conditions.
Article 4 - The Offer
1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products 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, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images, specifications, and data in the offer are indicative and cannot give rise to compensation for damages or cancellation of the agreement.
5. Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
6. Each offer contains such information that it is 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 shipping costs;the manner in which the agreement will be concluded and what actions are required;
the applicability of the right of withdrawal;
the method of payment, delivery, and execution of the agreement;
the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
the amount of the fee for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the communication medium used;
whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
how the consumer can check and, if desired, correct the data provided by them in the context of the agreement before concluding the agreement;
any other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur has subjected themselves and how the consumer can consult these codes of conduct electronically;
the minimum duration of the distance agreement in the case of a duration transaction.
Article 5 - The Agreement
1. The agreement is established, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions set forth therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm the receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed the agreement resulting from this acceptance, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for that purpose.
4. The entrepreneur may, within legal frameworks, inform themselves whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance agreement. If the entrepreneur has reasonable grounds based on this investigation not to enter into the agreement, they are entitled to refuse an order or request with justification or to attach special conditions to the execution.
5. The entrepreneur will provide the consumer with the following information regarding the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
the visiting address of the entrepreneur's establishment where the consumer can go for complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about warranties and existing service after purchase;
the information included in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
7. Each agreement is concluded under the suspensive condition of sufficient availability of the relevant products.
Article 6 - Right of Withdrawal
In the case of product delivery:
1. When purchasing products, the consumer has the option to dissolve the agreement without providing any reasons within 14 days. This cooling-off period begins the day after the consumer receives the product or a representative designated by the consumer and known to the entrepreneur.
2. During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all supplied accessories and, if reasonably possible, in its original condition and packaging to the entrepreneur, following the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 30 days after receiving the product. The notification must be made using the return form at speedcomfort.returnista.nl or through another communication method such as email. After notifying the entrepreneur of their intention to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods were returned in a timely manner, for example by providing proof of shipment.
4. If the customer does not notify the entrepreneur of their intention to exercise their right of withdrawal after the deadlines mentioned in paragraphs 2 and 3 or does not return the product to the entrepreneur, the purchase becomes binding.
Article 7 - Costs in Case of Withdrawal
1. If the consumer exercises their right of withdrawal, they will only be responsible for the maximum costs of return shipping.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided that the product has been received back by the online retailer or conclusive proof of complete return shipment can be provided. The refund will be made using the same payment method used by the consumer unless the consumer explicitly consents to a different payment method.
3. In the event of damage to the product due to careless handling by the consumer, the consumer is liable for any decrease in value of the product.
4. The consumer cannot be held liable for the decrease in value of the product if the entrepreneur has not provided all legally required information regarding the right of withdrawal before the conclusion of the sales agreement.
Article 8 - Exclusion of the Right of Withdrawal
1. The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only applicable if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
that have been created by the entrepreneur according to the specifications of the consumer;that are clearly of a personal nature;
that cannot be returned due to their nature;
that can spoil or age quickly;
whose price is linked to fluctuations in the financial market which the entrepreneur cannot influence;
for loose newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal;
for hygienic products of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
concerning accommodation, transport, restaurant services, or leisure activities to be carried out on a specific date or during a specific period;
whose delivery has commenced with the express consent of the consumer before the cooling-off period has expired;
concerning bets and lotteries.
Article 9 - The Price
1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This dependency on fluctuations and the fact that any stated prices are indicative will be mentioned in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they result from legal regulations or provisions.
4. Price increases more than 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
they result from legal regulations or provisions;
or the consumer has the right to terminate the agreement effective from the day the price increase takes effect.
5. The prices mentioned in the offer of products or services are inclusive of VAT.
6. All prices are subject to printing and typesetting errors. The entrepreneur accepts no liability for the consequences of printing and typesetting errors. In the case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and Warranty
1. The entrepreneur guarantees that the products and/or services meet the agreement, the specifications mentioned in the offer, reasonable requirements of soundness and/or usability, and the legal provisions and/or governmental regulations existing at the time of the conclusion of the agreement. If agreed upon, the entrepreneur also guarantees that the product is suitable for use other than normal use.
2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur based on the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. The return of the products must occur in the original packaging and in new condition.
4. The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:
the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal conditions or are otherwise treated carelessly or contrary to the entrepreneur's instructions and/or have been handled on the packaging;
the unsoundness is wholly or partly the result of regulations imposed or to be imposed by the government concerning the nature or quality of the materials used.
Article 11 - Delivery and Execution
1. The entrepreneur will exercise the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has communicated to the company.
3. Subject to the provisions of paragraph 4 of this article, the company will execute accepted orders with due speed, but no later than 30 days, unless the consumer has agreed to a longer delivery time. If delivery is delayed or if an order cannot be executed or can only be executed partially, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement at no cost. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any mentioned periods. Exceeding a period does not entitle the consumer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
6. If the delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a substitute item. No later than at the time of delivery, it will be clearly and understandably communicated that a substitute item is being delivered. The right of withdrawal cannot be excluded for substitute items. The costs of any return shipment are borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and communicated representative, unless explicitly agreed otherwise.
Article 12 - Duration Transactions: Duration, Termination, and Extension
Termination
The consumer may terminate an agreement that has been entered into for an indefinite period and that concerns the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.The consumer may terminate an agreement that has been entered into for a definite period and that concerns the regular delivery of products (including electricity) or services at any time at the end of the specified duration, subject to the agreed termination rules and a notice period of no more than one month.The consumer can terminate the agreements mentioned in the previous paragraphs:at any time without being limited to termination at a specific time or during a specific period;at least terminate in the same manner as they were entered into;always terminate with the same notice period that the entrepreneur has stipulated for themselves.
Extension
An agreement that has been entered into for a definite period and that concerns the regular delivery of products (including electricity) or services may not be automatically renewed or extended for a specified duration.Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period and that concerns the regular delivery of daily, news, and weekly newspapers and magazines may be automatically extended for a maximum of three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.An agreement that has been entered into for a definite period and that concerns the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month, and a notice period of no more than three months in the case of agreements concerning regular delivery of daily, news, and weekly newspapers and magazines, but less than once a month.An agreement for a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) does not continue automatically and ends automatically after the trial or introductory period.
Duration
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.
Article 13 - Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 days after the start of the reflection period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
2. The consumer is obliged to promptly report any inaccuracies in the provided or stated payment details to the entrepreneur.
3. In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs previously communicated to the consumer.
Article 14 - Complaints Procedure
1. The entrepreneur has a well-publicized complaints procedure and handles complaints in accordance with this procedure.
2. Complaints regarding the execution of the agreement must be submitted to the entrepreneur within 2 months of the consumer discovering the defects, clearly and completely described.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment and an indication of when the consumer can expect a more detailed response.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
5. In the event of complaints, the consumer should first contact the entrepreneur. If the web store is a member of Stichting WebwinkelKeur, and in cases where complaints cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Consumers can verify if the web store has a valid membership via the members list. If a solution is still not reached, the consumer has the option to have their complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur. The ruling of this committee is binding, and both the entrepreneur and consumer agree to this binding decision. There are costs associated with submitting a dispute to this committee, which must be paid by the consumer. Additionally, complaints can be submitted via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be valid by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.
Article 15 - Disputes
1. Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions pertain, even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.
Article 16 - Additional or Deviating Provisions
Additional provisions or provisions that deviate 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 manner that they can be stored by the consumer in an accessible way on a durable medium.