Business Terms and Conditions
Terms & Conditions
Terms and Conditions - BinWin
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 - Obligations of the consumer during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur in case of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Compliance with the agreement and extra guarantee
Article 13 - Delivery and execution
Article 14 - Duration transactions: duration, termination, and extension
Article 15 - Payment
Article 16 - Complaints
Article 17 - Disputes
Article 18 - Additional or differing provisions
Article 19 - Effectiveness
Article 1 - Definitions
The following definitions apply in these terms and conditions:
1. Additional agreement: a contract in which the consumer acquires products, digital content, and/or services related to a distance contract, and these goods, digital content, and/or services are delivered by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur.
2. Cooling-off period: the period during which the consumer can exercise their right of withdrawal.
3. Consumer: a natural person who is not acting for purposes related to their trade, business, craft, or professional activity.
4. Day: calendar day.
5. Digital content: data produced and supplied in digital form.
6. Duration contract: a contract that extends to the regular delivery of goods, services, and/or digital content over a specified period.
7. Durable medium: any tool - including email - that enables the consumer or entrepreneur to store information directed to them personally in a way that facilitates future consultation or use for a period appropriate for the purposes for which the information is intended, and which allows the unchanged reproduction of the stored information.
8. Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period.
9. Entrepreneur: a natural or legal person who offers products, (access to) digital content, and/or services to consumers at a distance.
10. Distance contract: a contract concluded between the entrepreneur and the consumer within an organized system for distance selling of products, digital content, and/or services, which uses exclusively or partly one or more means of distance communication up to and including the time the contract is concluded.
11. Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions.
12. Means of distance communication: a means that can be used for concluding a contract, without the consumer and entrepreneur being simultaneously present in the same place.
Article 2 - Identity of the entrepreneur
Flytz Special Products
Torenallee 45
5617BC Eindhoven
Netherlands
Email: info@binwin.nl
Phone: +31 642 822 537
Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and every distance contract that has been concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions. If this is not reasonably possible, before the distance contract is concluded, the entrepreneur will indicate how the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge to the consumer as quickly as possible upon request.
3. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before concluding the distance contract, it will be indicated where the consumer can electronically read the general terms and conditions and that they will be sent to the consumer free of charge electronically or otherwise upon request.
4. In case specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to them in case of conflicting conditions.
Article 4 - The offer
1. If an offer has a limited validity or is subject to conditions, this will be explicitly mentioned in the offer.
2. The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5 - The agreement
1. The agreement, subject to the provisions of paragraph 4, is concluded 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 the receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed the 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 data transfer and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can - within the law - inform himself if the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
5. The entrepreneur will send the following information to the consumer, in writing or in such a manner that it can be stored by the consumer in an accessible manner on a durable medium, at the latest upon delivery of the product, service, or digital content:
a. the visiting address of the entrepreneur's business establishment where the consumer can lodge complaints;
b. 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;
c. information on warranties and existing after-sales service;
d. the price including all taxes of the product, service, or digital content; if applicable, the costs of delivery; and the way of payment, delivery, or execution of the distance contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
For products:
1. The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving any reasons. The entrepreneur may ask the consumer for the reason of withdrawal, but cannot oblige him to give his reason(s).
2. The cooling-off period mentioned in paragraph 1 starts the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order of several products with different delivery times.
b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
c. for contracts for regular delivery of products during a specified period: the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content that is not supplied on a tangible medium:
1. The consumer can terminate a service agreement and an agreement for the delivery of digital content that has not been delivered on a tangible medium for at least 14 days without giving any reasons. The entrepreneur may ask the consumer for the reason of withdrawal, but cannot oblige him to give his reason(s).
2. The cooling-off period mentioned in paragraph 3 starts the day after concluding the agreement.
Extended cooling-off period for products, services, and digital content that is not supplied on a tangible medium if not informed about the right of withdrawal:
1. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period ends twelve months after the end of the original, in accordance with the previous paragraphs of this article, cooling-off period.
2. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the starting day of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.
Article 7 - Obligations of the consumer during the cooling-off period
1. During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The premise here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
2. The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond allowed in paragraph 1.
3. The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the contract.
Article 8 - Exercise of the consumer's right of withdrawal and costs thereof
1. If the consumer exercises his right of withdrawal, he must notify the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous way.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (a representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has observed the return period if he returns the product before the cooling-off period has expired.
3. The consumer returns the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer has to bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs for return.
6. If the consumer withdraws after having first expressly requested that the provision of the service or the supply of gas, water, electricity or district heating that are not ready for sale in a limited volume or certain quantity begin during the cooling-off period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full compliance of the obligation.
7. The consumer does not bear any costs for the performance of services or the supply of water, gas, or electricity, that are not ready for sale in a limited volume or quantity, or for the supply of district heating, if:
a. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in case of withdrawal, or the model withdrawal form, or;
b. the consumer has not explicitly requested the start of the performance of the service or supply of gas, water, electricity, or district heating during the cooling-off period.
8. The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium if:
a. he has not expressly agreed to commence fulfilment of the contract before the end of the cooling-off period prior to its delivery;
b. he has not acknowledged losing his right of withdrawal when granting his consent; or
c. the entrepreneur has failed to confirm this statement of the consumer.
9. If the consumer exercises his right of withdrawal, all additional agreements are terminated by operation of law.
Article 9 - Obligations of the entrepreneur in case of withdrawal
1. If the entrepreneur makes it possible for the consumer to withdraw electronically, he will send an acknowledgment of receipt of this notification immediately.
2. The entrepreneur reimburses all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to pay back until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
3. The entrepreneur uses the same payment method that the consumer used for reimbursement unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
Article 10 - Exclusion of the right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly stated this in the offer, at least in time before the conclusion of the contract:
1. Products or services whose price is dependent on fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
2. Contracts concluded at a public auction. A public auction means a method of sale where products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services;
3. Service contracts, after full performance of the service, but only if:
a. the performance has begun with the consumer’s explicit prior consent; and
b. the consumer has acknowledged that he will lose his right of withdrawal once the contract has been fully performed by the entrepreneur;
4. Package trips as referred to in Article 7:500 of the Dutch Civil Code and passenger transport contracts;
5. Service contracts for the provision of accommodation, if a specific date or period of performance is provided in the contract and other than for residential purpose, goods transport, car rental services, and catering;
6. Contracts related to leisure activities, if a specific date or period of performance is provided in the contract;
7. Products manufactured according to the consumer’s specifications, which are not prefabricated and which are made based on an individual choice or decision by the consumer, or which are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery;
10. Products that are irrevocably mixed with other products after delivery;
11. Alcoholic beverages the price of which was agreed upon at the time of the conclusion of the contract, but which can only be delivered 30 days later, and whose actual value is dependent on fluctuations in the market which the entrepreneur cannot influence;
12. Sealed audio, video recordings, and computer software, the seals of which were broken after delivery;
13. Newspapers, magazines, or magazines, with the exception of subscriptions to them;
14. The delivery of digital content other than on a tangible medium, but only if:
a. the performance has begun with the consumer’s explicit prior consent; and
b. the consumer has acknowledged that he thereby loses his right of withdrawal.
Article 11 - The price
1. During the validity period mentioned in the offer, the prices of the offered products and/or services shall not be increased, except for price changes due to changes in VAT rates.
2. Contrary to 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, with variable prices. This bondage to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
5. The prices included in the offer of products or services include VAT.
Article 12 - Compliance with the agreement and extra guarantee
1. The entrepreneur guarantees that the products and/or services comply with the contract, 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 day the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An extra guarantee offered by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can enforce against the entrepreneur under the contract if the entrepreneur has failed to fulfill his part of the contract.
3. An extra guarantee is understood to mean any commitment by the entrepreneur, his supplier, importer or producer in which he assigns certain rights or claims to the consumer that go beyond what he is legally required to do in case he has failed to fulfill his part of the contract.
Article 13 - Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. With due observance of what has been stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but no later than 30 days, unless another delivery period has been agreed. If the 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 he has placed the order. In that case, the consumer has the right to terminate the contract without costs and the right to any compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid immediately.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and announced representative to the entrepreneur, unless expressly agreed otherwise.
Article 14 - Duration transactions: duration, termination, and extension
Termination:
1. The consumer can 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 with due observance of the agreed termination rules and a notice period of at most one month.
2. The consumer can terminate a fixed-term agreement that extends to 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 at most one month.
3. The consumer can the agreements mentioned in the previous paragraphs:
a. terminate at any time and not be limited to termination at a specific time or in a specific period;
b. at least terminate in the same way as they were entered into by him;
c. always terminate with the same notice period as the entrepreneur has stipulated for himself.
Extension:
1. An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed duration.
2. Contrary to the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be automatically 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 at most one month.
3. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services, may only be automatically extended for an indefinite period if the consumer can terminate at any time with a notice period of at most one month. The notice period is three months in the case of the agreement extends to the regular, but less than once a month, delivering daily, news and weekly newspapers and magazines.
4. An agreement with a limited duration for the regular introduction 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.
Expensive:
1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time with a notice period of at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 15 - Payment
1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the commencement of the cooling-off period, or in the absence of a cooling-off period within 14 days after concluding the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
2. When selling products to consumers, general terms and conditions may never oblige the consumer to pay more than 50% in advance. If advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) before the stipulated advance payment has been made.
3. The consumer has the duty to immediately report inaccuracies in payment data provided or stated to the entrepreneur.
4. If the consumer does not meet his payment obligation(s) in time, after being informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the failure to pay within this 14-day period, the legal interest is due on the amount owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the subsequent € 2,500 and 5% over 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 16 - Complaints
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 fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with an acknowledgment of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement within a reasonable time or within 3 months after submitting the complaint, a dispute arises that is subject to dispute resolution.
5. Complaints can also be submitted via the European ODR platform (https://ec.europa.eu/odr).
Article 17 - Disputes
1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
Article 18 - Additional or different provisions
Additional or differing 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 manner that they can be stored by the consumer in an accessible way on a durable medium.
Article 19 - These Conditions become effective on 1.3.2024