Terms & Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

• Cooling-off period: the period within which the consumer may exercise the right of withdrawal;

• Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

• Day: calendar day;

• Long-term transaction: a distance contract concerning a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;

• Durable data carrier: any tool that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information;

• Right of withdrawal: the consumer’s option 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 concluded within the framework of a system organized by the entrepreneur for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;

• Means of distance communication: any tool that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same place;

• General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Dentuv
Cronjéstraat 25
7551 GD Hengelo
The Netherlands

Email address: info@dentuv.nl
Telephone number: +31 (0) 6 29 83 24 34

Chamber of Commerce (KvK) number: 95274480
VAT number: NL005142900B45

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 a distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be stated, prior to the conclusion of the distance contract, that the general terms and conditions are available for inspection at the entrepreneur’s premises and will be sent to the consumer free of charge upon request.

3. If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph and prior to the conclusion of the distance contract, be provided 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 shall be stated where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge, either electronically or by other means, upon request.

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

5. If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these terms and conditions shall remain in effect for the remainder, and the relevant provision shall be replaced by mutual agreement as soon as possible with a provision that reflects the intent of the original provision as closely as possible.

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

7. Ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions must be interpreted in the spirit of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur reserves the right to change or modify the offer.
The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or 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 the termination of the agreement.
Product images are a faithful representation of the products offered. However, the entrepreneur cannot guarantee that the colors displayed exactly match the actual colors of the products.

Each offer includes such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. In particular, this concerns:

• The price including taxes;

• Any shipping costs;

• The manner in which the agreement will be concluded and what steps are required;

• 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 during which the entrepreneur guarantees the price;

• The rate for remote communication if the costs of using remote communication technology are calculated on a different basis than the standard base rate for the means of communication used;

• Whether the agreement will be archived after its conclusion, and if so, how the consumer can access it;

• The way the consumer can check and, if necessary, correct the data provided in the context of the agreement before the contract is concluded;

• Any other languages in which, in addition to Dutch, the agreement may be concluded;

• The codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes electronically;

• The minimum duration of the distance contract in the case of a long-term transaction. Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance electronically. As long as this receipt 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 transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will implement appropriate security measures.
Within legal boundaries, the entrepreneur may gather information on whether the consumer can meet their payment obligations, as well as all relevant facts and factors necessary for responsibly entering into the distance contract. If the entrepreneur has valid reasons based on this research not to enter into the agreement, they are entitled to refuse an order or request with justification, or to attach special conditions to its execution.
With the product, the entrepreneur will provide the following information in writing or in such a way that the consumer can store it accessibly on a durable data carrier:
a. The physical address of the entrepreneur’s business establishment where the consumer can submit complaints;
b. The conditions and manner in which the consumer can exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;
c. Information about warranties and after-sales service;
d. The details included in Article 4 paragraph 3, unless the entrepreneur has already provided this information before the execution of the agreement;
e. The requirements for terminating the agreement if it has a duration of more than one year or is indefinite.

In the case of a long-term transaction, the provisions of the previous paragraph apply only 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

When purchasing products, the consumer has the right to dissolve the agreement without giving reasons for a period of 14 days. This cooling-off period starts on the day after the consumer, or a third party designated by the consumer and known to the entrepreneur, receives the product.
During the cooling-off period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to determine whether they wish to keep it.
If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product. Notification must be done in writing or by email. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must prove that the product was returned on time, for example by providing proof of shipment.
If the consumer has not notified the entrepreneur of their intention to exercise the right of withdrawal within the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is considered final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the return shipping costs are borne by the consumer.
If the consumer has already made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the returned product has been received by the webshop or conclusive proof of the return has been provided.
If the product is damaged due to careless handling by the consumer, the consumer is liable for any decrease in value of the product.
The consumer cannot be held liable for any decrease in value of the product if the entrepreneur did not provide all legally required information about the right of withdrawal prior to the conclusion of the purchase agreement.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for certain products and services, provided this is clearly stated in the offer and before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products and services that:

a. Are custom-made according to the specifications of the consumer;
b. Are of a personal nature and cannot be returned;
c. Are liable to deteriorate or expire rapidly;
d. Are subject to fluctuations in the financial market over which the entrepreneur has no influence;
e. Consist of individual newspapers, magazines, or products with a seal that has been broken by the consumer;
f. Are hygienic products whose seal has been broken by the consumer;
g. Relate to services that have already begun with the express consent of the consumer before the cooling-off period has expired;
h. Relate to accommodation, transport, catering, or leisure activities to be provided on a specific date or at a specific time.

Article 9 – 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 resulting from changes in VAT rates.

By way of exception 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 susceptibility 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 result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if:

a. They result from statutory regulations or provisions; and
b. The consumer has the right to terminate the agreement as of the day the price increase takes effect.

The prices stated 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 such errors. In the event of printing or 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 soundness and/or usability, and existing legal provisions and/or government regulations at the date of the conclusion of the agreement. If agreed upon, 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 statutory rights and claims that the consumer may assert against the entrepreneur based on the agreement.

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

The entrepreneur’s warranty period 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:

a) The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
b) The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly, or have been used contrary to the instructions of the entrepreneur and/or the packaging;
c) The defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur shall exercise the utmost care when receiving and fulfilling product orders and when assessing requests for the provision of services.
The place of delivery shall be the address provided by the consumer to the company.
With due regard to what is stated in paragraph 4 of this article, the company shall 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 fulfilled or only partially fulfilled, the consumer will be informed of this no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement at no cost. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any stated delivery periods. Exceeding a delivery period does not entitle the consumer to compensation.
In the event of termination in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it shall be clearly and understandably stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The cost of any return shipment is borne by 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 designated representative previously made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Long-Term Transactions: Duration, Termination, and Extension

Termination:

The consumer may terminate an agreement entered into for an indefinite period and that involves the regular delivery of products (including electricity) or services, at any time, with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term agreement that involves the regular delivery of products (including electricity) or services at any time at the end of the fixed term, with due observance of the agreed termination rules and a notice period of no more than one month.
In the cases referred to in the previous paragraphs, the consumer may:
a) Terminate at any time and not be restricted to termination at a specific time or in a specific period;
b) At least terminate using the same method as that by which the agreement was concluded;
c) Always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension:

A fixed-term agreement that involves the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed term.
By way of exception, a fixed-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines may be automatically extended for a fixed term of up to three months, provided that the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
A fixed-term agreement that involves the regular delivery of products or services may only be automatically extended for an indefinite term if the consumer may terminate it at any time with a notice period of no more than one month and no more than three months in the case of agreements involving the regular, but less than monthly, delivery of newspapers and magazines.
A fixed-term agreement for the regular delivery of newspapers and magazines for introductory purposes (trial or introductory subscriptions) shall not be automatically 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 prevent termination before the end of the agreed term.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this term starts after the consumer has received confirmation of the agreement.
The consumer is obliged to report any inaccuracies in the provided or stated payment details to the entrepreneur without delay.
If the consumer fails to fulfill their payment obligation(s), the entrepreneur, subject to legal limitations, is entitled to charge the reasonable costs previously communicated to the consumer.

Article 14 – Complaints Procedure

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

2. Complaints regarding 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.

3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
   

4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
   

5. In the case of complaints, the consumer must first contact the entrepreneur. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr). The webshop is currently not affiliated with a quality label that includes a dispute committee.
   

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

7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either 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 governed exclusively by Dutch law, even if the consumer resides outside the Netherlands.
The Vienna Convention on Contracts for the International Sale of Goods (CISG) does not apply.

Article 16 – Role of the Webshop as Intermediary

1. The webshop, Dentuv, acts as an intermediary for certain orders between the customer and an external supplier located outside the European Union, usually in China. This means that the agreement for the delivery of the product is concluded between the customer and the external supplier. Dentuv only facilitates the ordering process, payment, and communication on behalf of the supplier.
2. The physical products are, in these cases, shipped directly from the supplier outside the EU to the customer. At no point does the webshop become the legal owner of the goods.
3. Due to the direct delivery from outside the European Union and Dentuv’s role as intermediary, no VAT is charged by Dentuv on these sales. This is in accordance with the EU VAT Directive (Directive 2006/112/EC) and the Dutch Turnover Tax Act 1968, which states that for imports of goods with an intrinsic value under €150, import VAT is generally payable by the purchaser (consumer).
4. In practice, for such shipments under €150, customs duties or import VAT are usually not levied. The customer acknowledges that any import-related charges are their own responsibility, if applicable.
5. By accepting these general terms and conditions, the customer confirms awareness of this delivery structure and accepts that Dentuv is not responsible for handling import formalities or any additional charges imposed by customs authorities in the destination country.

Article 17 – Additional or Deviating Provisions

Additional provisions or deviations from these general terms and conditions must not be detrimental to 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.