Terms & Conditions

Article 1 – Definitions

In these conditions, the following definitions apply:

  • Cooling-off period: the period within which the consumer can exercise their right of withdrawal.
  • Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
  • Day: calendar day.
  • Ongoing transaction: a distance contract concerning a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
  • Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
  • Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period.
  • Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.
  • Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used.
  • Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being in the same place at the same time.
  • General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

  • Company name: Decotogo
  • Email address: decotogo@hotmail.com
  • Chamber of Commerce number: 93348827
  • VAT identification number: NL005017751B22

Article 3 – Applicability

  1. These general terms and conditions apply to every offer of the entrepreneur and to every distance contract concluded and orders between entrepreneur and 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 they will be sent free of charge as soon as possible at the consumer's request.
  3. If the distance contract is concluded electronically, the text of these general terms and conditions can be provided electronically to the consumer before the distance contract is concluded, 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 viewed electronically and that they will be sent free of charge electronically or otherwise at the consumer's 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 apply by analogy, and the consumer can always invoke the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.
  5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these conditions will otherwise remain in force and the relevant provision will be replaced by mutual agreement as closely as possible by a provision that approximates the original intent.
  6. Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
  7. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

Article 4 – The Offer

  1. If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.
  2. The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
  3. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  4. All images, specifications data in the offer are indicative and cannot be a reason for compensation or termination of the agreement. Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
  5. 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 costs of delivery;
    • the manner in which the agreement will be concluded and which actions are required for this;
    • whether or not the right of withdrawal applies;
    • the method of payment, delivery, and execution of the agreement;
    • the period for accepting the offer or the period within which the entrepreneur guarantees the price;
    • the rate for distance communication if the costs of using the technology for distance communication are calculated on a different basis than the regular base rate for the means of communication used;
    • whether the agreement will be archived after its conclusion, and if so, how the consumer can consult it;
    • the manner in which the consumer, before concluding the agreement, can check and if desired correct the data provided by them under the agreement;
    • any other languages in which, besides Dutch, the agreement can be concluded;
    • the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
    • the minimum duration of the distance contract in the case of an ongoing transaction.
    • Optional: available sizes, colors, type of materials.

Article 5 – The Agreement

  1. The agreement is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
  2. 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 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 secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
  4. The entrepreneur can, within legal frameworks, inform whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good reasons not to enter into the agreement based on this investigation, they are entitled to refuse an order or request or to attach special conditions to the execution.
  5. The entrepreneur will include the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier, with the product or service to the consumer:
    • the visiting address of the establishment of the entrepreneur where the consumer can go with 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;
    • the information on guarantees and existing after-sales service;
    • the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
    • the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
  6. In the case of an ongoing transaction, the provision in the previous paragraph only applies to the first delivery.
  7. Every agreement is entered into under the suspensive conditions of sufficient availability of the respective products.

Article 6 – Right of Withdrawal

Upon delivery of products:

  1. When purchasing products, the consumer has the possibility to dissolve the agreement without giving reasons during 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative pre-designated by the consumer and announced 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 determine the nature, characteristics, and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a store.
  3. The consumer is only liable for the depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 2.
  4. If the consumer exercises their right of withdrawal, they will report this within the cooling-off period using the model withdrawal form or in another unambiguous way to the entrepreneur.
  5. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 4, the consumer sends the product back, or hands it over to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product themselves. The consumer has in any case observed the return period if they send the product back before the cooling-off period has expired.
  6. The consumer returns the product with all delivered accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  7. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
  8. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs themselves, the consumer does not have to bear the costs for returning.
  9. If the consumer withdraws after first expressly having requested that the performance of the service or the supply of gas, water, or electricity not ready for sale be started in a limited volume or quantity during the cooling-off period, the consumer owes the entrepreneur an amount proportional to that part of the commitment that has been fulfilled by the entrepreneur at the moment of withdrawal, compared to the full performance of the commitment.
  10. The consumer bears no costs for the execution of services or the supply of water, gas, or electricity, which are not put up for sale in a limited volume or quantity, or for the supply of district heating, if:
    • 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;
    • the consumer has not expressly requested the start of the performance of the service or supply of gas, water, electricity, or district heating during the cooling-off period.
  11. The consumer bears no costs for the full or partial delivery of digital content not supplied on a tangible medium if:
    • they have not expressly agreed to start the performance of the agreement before the end of the cooling-off period;
    • they have not acknowledged losing their right of withdrawal when giving their consent; or
    • the entrepreneur has failed to confirm this statement by the consumer.
  12. If the consumer exercises their right of withdrawal, all additional agreements are dissolved by operation of law.

Upon delivery of services and digital content not supplied on a tangible medium:

  1. The consumer can terminate an agreement for services or an agreement for the delivery of digital content not supplied on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for the withdrawal, but cannot oblige the consumer to state their reason(s).
  2. The cooling-off period referred to in paragraph 13 commences on the day following the conclusion of the agreement.

Article 7 – Costs in Case of Withdrawal

  1. If the consumer exercises their right of withdrawal, the costs of returning the goods will not exceed the cost 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. This is subject to the condition that the product has already been received back by the online retailer or conclusive proof of complete return can be submitted. Reimbursement will be made via the same payment method used by the consumer unless the consumer agrees to a different method. No fee is charged for the refund.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur can 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 has clearly stated this in the offer, at least in time for the conclusion of the agreement.

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

  1. That have been created by the entrepreneur in accordance with the consumer's specifications;
  2. That are clearly personal in nature;
  3. That cannot be returned due to their nature;
  4. That can spoil or age quickly;
  5. Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  6. For single newspapers and magazines;
  7. For audio and video recordings and computer software of which the consumer has broken the seal;
  8. For hygienic products of which the consumer has broken the seal.

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

  1. Concerning accommodation, transportation, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
  2. Whose delivery has begun with the explicit consent of the consumer before the cooling-off period has expired;
  3. Concerning betting and lotteries.

Article 9 – The Price

  1. During the validity period mentioned 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.
  2. In deviation of the previous paragraph, the entrepreneur can 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 connection to fluctuations and the fact that any stated prices are target prices are mentioned in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
  4. 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 is authorized to terminate the agreement on the day the price increase takes effect.
  5. The prices mentioned in the offer of products or services include VAT.

Article 10 – Compliance and Warranty

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

Article 11 – Delivery and Execution

  1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the company.
  3. Taking into account what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at the latest within 30 days unless a longer delivery period has been agreed. If the delivery is delayed or if an order cannot 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 without cost. The consumer is not entitled to compensation.
  4. All delivery times are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a term does not entitle the consumer to compensation.
  5. In case of dissolution under paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible but at the latest within 14 days after dissolution.
  6. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. At the latest at the time of delivery, it will be clearly and comprehensibly reported that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. 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 representative pre-designated by the consumer and announced to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration Transactions: Duration, Termination, and Extension

Termination:

  1. The consumer can terminate an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time with due observance of the agreed termination rules and a notice period not exceeding one month.
  2. The consumer can terminate an agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed term with due observance of the agreed termination rules and a notice period not exceeding one month.
  3. The consumer can terminate the agreements mentioned in the previous paragraphs:
    • at any time and not be limited to termination at a specific time or in a specific period;
    • at least in the same way as they were entered into by the consumer;
    • always with the same notice period as the entrepreneur has stipulated for themselves.

Extension:

  1. An agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a fixed term.
  2. In deviation from the previous paragraph, an agreement that has been concluded for a definite period and that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months if the consumer can terminate this extended agreement towards the end of the extension with a notice period not exceeding one month.
  3. An agreement that has been concluded for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate it at any time with a notice period not exceeding one month. The notice period is not more than three months if the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
  4. An agreement with a limited duration for the regular delivery of daily, introductory, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration:

  1. 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 not exceeding one month unless reasonableness and fairness dictate otherwise.

Article 13 – Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 business days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received the confirmation of the agreement.
  2. The consumer has the duty to report inaccuracies in payment details provided or stated to the entrepreneur without delay.
  3. If the consumer does not meet their payment obligation(s) in time, this is, after they have been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet their payment obligations, after the failure to pay within this 14-day period, the consumer owes the statutory interest on the amount owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by them. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the following € 2,500; and 5% on the next € 5,000, with a minimum of € 40. The entrepreneur can deviate from the mentioned amounts and percentages for the benefit of the consumer.

Article 14 – Complaints Procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur are answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
  4. A complaint about a product, service, or the entrepreneur's service can also be submitted via a complaint form on the consumer page of the Stichting Webshop Keurmerk website (www.keurmerk.info). The complaint is then sent both to the relevant entrepreneur and to the Stichting Webshop Keurmerk.
  5. If the complaint cannot be resolved in mutual consultation within a reasonable period or within 3 months after submitting the complaint, there arises a dispute that is subject to the dispute resolution procedure.

Article 15 – Disputes

  1. Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
  2. Disputes between the consumer and the entrepreneur about the formation or execution of agreements related to products and services to be delivered or delivered by this entrepreneur can, with due observance of the provisions below, be submitted by both the consumer and the entrepreneur to the Geschillencommissie Webshop, PO Box 90600, 2509 LP in The Hague (www.sgc.nl).
  3. A dispute is only handled by the Disputes Committee if the consumer has first submitted their complaint to the entrepreneur within a reasonable time.
  4. No later than twelve months after the dispute arises, the dispute must be submitted in writing to the Disputes Committee.
  5. When the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. Preferably, the consumer reports this to the entrepreneur first.
  6. If the entrepreneur wants to submit a dispute to the Disputes Committee, the consumer will have to pronounce in writing within five weeks after a written request made by the entrepreneur whether they also wish to do so or want the dispute to be dealt with by the competent court. If the entrepreneur does not hear of the consumer's choice within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent court.
  7. The Disputes Committee makes a decision under the conditions as laid down in the regulations of the Disputes Committee (www.degeschillencommissie.nl/over-ons/de-commissies/2404/webshop). The decisions of the Disputes Committee are made by way of binding advice.
  8. The Disputes Committee will not deal with a dispute or will discontinue the handling if the entrepreneur has been granted a suspension of payments, has gone bankrupt, or has actually terminated business activities before a dispute has been handled by the committee at the session and a final ruling has been made.
  9. If, in addition to the Webshop Disputes Committee, another recognized disputes committee or one affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Webshop Disputes Committee is preferably competent for disputes mainly concerning the method of remote sales or services. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid is competent.

Article 16 – 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 the consumer can store them in an accessible manner on a durable medium.

Article 17 – Amendments to the General Terms and Conditions of Stichting Webshop Keurmerk

  1. These general terms and conditions will not be changed other than in consultation with the Consumers' Association.
  2. Amendments to these terms and conditions are only effective once they have been published in an appropriate manner, with the understanding that, in the event of applicable amendments during the term of an offer, the most favorable provision for the consumer will prevail.