Terms of service

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 – Continuing 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:

Cooling-off period: the period within which the consumer can make use of his right of withdrawal;

Consumer: the natural person who does not act for purposes related to trade, business, craft or profession 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, the supply and/or purchase obligation of which is spread over time;

Durable data carrier: any tool that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation and 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;

Model form: the model form for withdrawal made available by the entrepreneur, which a consumer can complete if he wishes to exercise his right of withdrawal;

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: an agreement concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, whereby up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication;

Technique for distance communication: a means that can be used for concluding an agreement without the consumer and entrepreneur being together in the same space at the same time;

General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

CAF Trading Company
postbus 75
6190AB Beek
Netherlands

T +31 6 20 83 69 55
E caftrading@proton.me
KVK 94511306
VAT number NL005088790B95

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and 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, it will be indicated before the distance contract is concluded that the general terms and conditions are available at the entrepreneur’s premises and will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, then, in deviation from the previous paragraph, 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 them on a durable data carrier. If this is not reasonably possible, it will be indicated before concluding the distance contract where the general terms and conditions can be accessed 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, the second and third paragraphs apply accordingly and the consumer may always invoke the applicable provision that is most favorable to him in case of conflicting conditions.

If one or more provisions in these general terms and conditions are at any time wholly or partly void or annulled, the agreement and these terms and conditions shall otherwise remain in force, and the provision in question shall be replaced without delay by a provision that approximates the intent of the original provision as closely as possible in mutual consultation.

Situations not covered by these general terms and conditions must be assessed "in the spirit" of these terms and conditions.

Uncertainties regarding the interpretation or content of one or more provisions must be interpreted "in the spirit" of these terms and conditions.

Article 4 – The offer

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

The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.

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 makes use of images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.

All images, specifications and information in the offer are indicative and cannot be grounds for compensation or termination of the agreement.

Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the colors shown will correspond exactly with the real colors of the products.

Each offer contains such information that it is clear to the consumer what the rights and obligations are that 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 necessary for this;
whether or not the right of withdrawal applies;
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 level of the tariff for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular base rate for the means of communication used;
whether the agreement will be archived after its conclusion, and if so how it can be consulted by the consumer;
the way in which the consumer, before concluding the agreement, can check the information provided by him under the agreement and, if desired, correct it;
any other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the event of a continuing transaction.

Article 5 – The agreement

Subject to the provisions in paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions thereby stipulated.

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

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

The entrepreneur may – within legal frameworks – obtain information about whether the consumer can meet his payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur, on the basis of this investigation, has good grounds not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation.

The entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, along with the product or service to the consumer:

the visiting address of the entrepreneur’s establishment where the consumer can lodge 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 about warranties and existing after-sales service;
the data included in Article 4 paragraph 3 of these conditions, 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.

In the case of a continuing transaction, the provision in the previous paragraph only applies to the first delivery.

Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

In case of delivery of products:

When purchasing products, the consumer has the option of dissolving the agreement without giving reasons 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, has received the product.

During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine whether he wishes to keep it. If he makes use of his right of withdrawal, he will return the product with all supplied accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to make use of his right of withdrawal, he is obliged to notify the entrepreneur within 14 days after receiving the product. Notification must be made by means of the model form or by another unambiguous means of communication, such as email. After the consumer has indicated that he wishes to make use of his right of withdrawal, he must return the product within 14 days. The consumer must prove that the goods were returned in time, for example by providing proof of shipment.

If, after the expiry of the terms referred to in paragraphs 2 and 3, the consumer has not indicated that he wishes to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

In case of delivery of services:

When providing services, the consumer has the option of dissolving the agreement without giving reasons for at least 14 days, starting on the day of concluding the agreement.

In order to make use of his right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest at the time of delivery.

Article 7 – Costs in case of withdrawal

If the consumer makes use of his right of withdrawal, at most the costs of return shipment will be at his expense.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after withdrawal. This is subject to the condition that the product has already been returned by the consumer or conclusive proof of complete return can be provided. Refunds will be made via the same payment method used by the consumer unless the consumer explicitly agrees to a different payment method.

In case of damage to the product due to careless handling by the consumer, the consumer is liable for any depreciation in value.

The consumer cannot be held liable for depreciation in value of the product if the entrepreneur has not provided all the legally required information about the right of withdrawal. This must be done before the purchase agreement is concluded.

Article 8 – Exclusion of the right of withdrawal

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 only applies if the entrepreneur clearly stated this in the offer, or at least in good time before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

that have been created by the entrepreneur in accordance with the consumer’s specifications;
that are clearly of a personal nature;
that cannot be returned due to their nature;
that can spoil or age quickly;
whose price depends on fluctuations in the financial market over which the entrepreneur has no influence;
for single 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.

Exclusion of the right of withdrawal is only possible for services:

relating to accommodation, transport, catering, or leisure activities to be carried out on a specific date or during a specific period;
whose delivery has begun with the explicit consent of the consumer before the cooling-off period has expired;
concerning betting and lotteries.

Article 9 – The price

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 due to changes in VAT rates.

Contrary to 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. This link to fluctuations and the fact that any prices stated are target prices will be stated in the offer.

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

Price increases from 3 months after the conclusion of the agreement are only permitted 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 agreement with effect from the day on which the price increase takes effect.

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

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations existing on the date of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 2 months of discovery of the defect.

The warranty period provided by the entrepreneur corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

the consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or the packaging;
the defect is wholly or partly the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.

Article 11 – Delivery and execution

The entrepreneur will take 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 the address that the consumer has made known to the company.

Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders promptly but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.

All delivery times are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation.

In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will make an effort to make a replacement item available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. With replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the entrepreneur.

The risk of damage 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.

Article 12 – Continuing transactions: duration, termination and extension

Termination

The consumer may terminate an agreement that has been entered into for an indefinite period and that extends to 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 extends to the regular delivery 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 no more than one month.

The consumer may terminate the agreements referred to in the previous paragraphs:

at any time and not be restricted to termination at a specific time or in a specific period;
at least terminate in the same way as they were entered into by him;
always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension

An agreement entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

Contrary to the previous paragraph, an agreement entered into for a definite period and that extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed period of 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 entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may 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 the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued 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

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period commences after the consumer has received confirmation of the agreement.

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

In case of non-payment by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge the reasonable costs previously made known to the consumer.

Article 14 – Complaints procedure

The entrepreneur has a sufficiently publicized 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 2 months 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 foreseeably longer processing time, the entrepreneur will reply within the 14-day period 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, a dispute arises that is subject to the dispute resolution procedure.

In the first instance, a consumer must submit a complaint to the entrepreneur. If the online store is affiliated with WebwinkelKeur and complaints cannot be resolved by mutual agreement, the consumer must turn to WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this online store has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the option of having his complaint handled by the independent dispute committee appointed by WebwinkelKeur, whose decision is binding, and both entrepreneur and consumer agree to this binding decision. Submitting a dispute to this dispute committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).

A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at her discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.

The Vienna Sales Convention does not apply.

Article 16 – Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the consumer’s detriment and must be recorded in writing or in such a way that they can be stored by the consumer on a durable data carrier.

⚠️ NOTE: The original general terms and conditions are drafted in the Dutch language. Always refer to these to obtain the most accurate version. CAF Trading Company is not responsible for any translation errors in the general terms and conditions published in other languages.

Item added to your cart