Terms and Conditions

These general terms and conditions apply exclusively to Newcop.nl Webshop.

Article 1 – Definitions In these conditions, the following terms shall have the following meanings:

  1. Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance;
  2. Consumer: the natural person who does not act for purposes related to their trade, business, craft, or profession and enters into a distance contract with the entrepreneur;
  3. Distance contract: a contract concluded between the entrepreneur and the consumer as part of an organized system for distance selling of products and/or services, without the simultaneous physical presence of the entrepreneur and the consumer;
  4. Distance communication technology: means that can be used for concluding a contract, without the parties being physically present in the same place;
  5. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
  6. Right of withdrawal: the consumer’s ability to revoke the distance contract within the cooling-off period;
  7. Day: calendar day;
  8. Long-term transaction: a distance contract related to a series of products and/or services over a period of time;
  9. Durable medium: any instrument which enables the consumer or the entrepreneur to store information addressed to him personally in a way that facilitates future reference and unaltered reproduction of the information stored.

Article 2 – Identity of the entrepreneur

Newcop.nl
Beneluxweg 35
9636 HV Zuidbroek
Netherlands
KVK: 78691966

Article 3 – Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
  2. Prior to the conclusion of the distance contract, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur shall indicate, before the distance contract is concluded, that the general terms and conditions are available for inspection and will be sent to the consumer free of charge upon request.
  3. If the distance contract is concluded electronically, the second and third paragraphs apply by analogy and, before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the entrepreneur shall, before the distance contract is concluded, indicate where the general terms and conditions can be consulted electronically and that they will be sent to the consumer electronically or in some other way free of charge 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 by analogy, and the consumer may always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.

Article 4 – The offer

  1. If an offer has a limited duration or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products and services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a truthful representation of the products and/or services offered. Manifest errors or mistakes in the offer do not bind the entrepreneur.
  3. 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 delivery costs;
  • the way in which the contract will be concluded and which actions this will require;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery or execution of the contract;
  • the period for accepting the offer, or the period for adhering to the price;
  • the rate for distance communication if the costs of using the technique for distance communication are calculated on a different basis than the regular base rate;
  • if the contract is archived after its conclusion, the way in which it can be consulted by the consumer;
  • the manner in which the consumer, before concluding the contract, can check and, if desired, correct the information provided by him under the contract;
  • the other languages in which, aside from Dutch, the contract can be concluded;
  • the codes of conduct to which the entrepreneur has submitted and the way the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the distance contract in the event of an extended transaction.

Article 5 – The contract

  1. The contract will be concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
  2. If the contract 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 observe the necessary security measures.
  3. The entrepreneur may – within statutory limits – inform himself about the consumer’s ability to fulfill his payment obligations, as well as all facts and factors relevant to responsibly entering into a distance contract. If, acting on the results of this investigation, the entrepreneur has sound reasons for not entering into the contract, he is entitled to refuse an order or request, stating his reasons, or to attach special conditions to the implementation.
  4. The entrepreneur will, when delivering product or service, provide the consumer with the following information, either in writing or in such a way that the consumer can store it in an accessible manner on a durable medium: a. the visiting address of the entrepreneur’s business establishment where the consumer may lodge complaints; b. 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; c. the information about guarantees and existing service after purchase; d. the information referred to in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the performance of the contract; e. the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite in nature.
  5. If the entrepreneur has undertaken to deliver a range of products or services, the provision in the preceding paragraph applies only to the first delivery.

Article 6a – Right of withdrawal for product delivery

  1. When purchasing products, the consumer has the option to dissolve the contract without specifying any reasons within 14 days. This period commences on the day the product is received by or on behalf of the consumer.
  2. During this period, the consumer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary in order to assess whether he wishes to retain the product. If he exercises his right of withdrawal, he shall return the product with all its accessories and, if reasonably possible, in the original state and packaging to the entrepreneur, in accordance with the clear and reasonable instructions provided by the entrepreneur.

Article 6b – Right of withdrawal for service delivery

  1. In the case of service delivery, the consumer has the option to dissolve the contract without specifying any reasons within 14 days, starting on the day of concluding the contract.
  2. In order to use his right of withdrawal, the consumer will be guided by the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest upon delivery.

Article 7 – Costs in Case of Revocation

  1. If the consumer exercises their right of withdrawal, the maximum cost for returning the product shall be borne by them.
  2. If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible but no later than 30 days after the return or revocation.

Article 8 – Exclusion of the Right of Withdrawal

  1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:

a) that are created according to the consumer’s specifications by the entrepreneur;

b) that are clearly of a personal nature;

c) that cannot be returned due to their nature;

d) that can spoil or age quickly;

e) whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;

f) for single newspapers and magazines;

g) for audio and video recordings and computer software that the consumer has broken the seal of.

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

a) concerning accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;

b) the delivery of which has begun with the express consent of the consumer before the cooling-off period has expired;

c) regarding betting and lotteries.

Article 9 – The Price

  1. 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 due to changes in VAT rates.
  2. In deviation from the previous paragraph, the entrepreneur can offer products or services the prices of which are linked to fluctuations in the financial market and over which the entrepreneur has no influence with variable prices. The dependence on fluctuations and the fact that any prices mentioned are target prices will be stated 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:

a) they are the result of statutory regulations or provisions; or

b) the consumer has the authority to terminate the agreement from the day the price increase takes effect.

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

Article 10 – Conformity and Warranty

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
  2. A guarantee offered by the entrepreneur, manufacturer, or importer does not affect the consumer’s rights and claims regarding a failure to fulfill the entrepreneur’s obligations based on the law and/or the remote agreement.

Article 11 – Delivery and Execution

  1. The entrepreneur will exercise the utmost care when receiving and executing product orders and when assessing requests for the provision of services.
  2. The place of delivery is the address that the consumer has provided to the company.
  3. Subject to what is stated in Article 4 of these general terms and conditions, the company accepted orders expeditiously but no later than 30 days, unless a longer delivery period has been agreed. If delivery is delayed or if an order cannot be executed or only partially, the consumer will be informed about this no later than one month after the order was placed. In such cases, the consumer has the right to terminate the contract at no cost and is entitled to any compensation.
  4. In the event of dissolution in accordance with the preceding paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 30 days after the dissolution.
  5. If the delivery of an ordered product is impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of return will be borne by the entrepreneur.
  6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless explicitly agreed otherwise.

Article 12 – Continuing Performance Contracts

  1. A contract for an indefinite period, which extends to the regular delivery of products or services, may only be terminated by the consumer at any time, with the agreed termination rules and a notice period of up to one month at most.
  2. An agreement for a definite period that extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.

Article 13 – Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid immediately upon purchase using iDeal, Paypal, Visa, or Mastercard.
  2. The consumer has the duty to report any inaccuracies in payment data provided or stated to the entrepreneur without delay.
  3. In case of default by the consumer, the entrepreneur, subject to statutory limitations, has the right to charge the consumer any reasonable costs that have been made known to the consumer in advance.

Article 14 – Complaints Procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and deals with the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be fully and clearly described 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 a notice of receipt and an indication of when the consumer can expect a more detailed answer.

Article 15 – Additional or Different 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 data carrier.