Terms of service

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
  2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the trader;
  3. Day: calendar day;
  4. Extended transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
  5. Durable medium: any means that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
  6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
  7. Trader: the natural or legal person who offers products and/or services to consumers at a distance;
  8. Distance contract: a contract whereby, within the framework of a system organised by the trader for the distance selling of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication;
  9. Technique for distance communication: a means that can be used to conclude a contract without the consumer and trader being in the same room at the same time.

Article 2 – Identity of the trader

M&P Trading
Willy Sluiterstraat 5
3343 DP, Hendrik-ido-Ambacht

Email address: info@dutchflock.com
Chamber of Commerce (KvK) number: 77782046

Article 3 – Applicability

  1. These terms and conditions apply to every offer of the trader and to every distance contract concluded between the trader and the consumer.
  2. Before the distance contract is concluded, the text of these terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded it will be indicated that the terms and conditions can be viewed at the trader's premises and that, at the consumer's request, they will be sent free of charge as soon as possible.
  3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that they can be easily stored by the consumer on a durable medium. If this is not reasonably possible, before the distance contract is concluded it will be indicated where the terms and conditions can be consulted electronically and that, at the consumer's request, they will be sent free of charge electronically or otherwise.
  4. In the event that, in addition to these terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting terms and conditions the consumer can always rely on the applicable provision that is most favourable to them.

Article 4 – The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this is explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. Due to the nature of the products offered, the delivered product may differ from the product photos shown in the online shop.
  3. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are associated with acceptance of the offer. This relates in particular to:
    – the price including taxes;
    – any delivery costs;
    – the manner in which the contract will be concluded and what actions are required for this;
    – whether or not the right of withdrawal applies;
    – the method of payment, delivery and performance of the contract;
    – the period for acceptance of the offer, or the period within which the trader guarantees the price;
    – the level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the communication means used;
    – whether the contract is archived after conclusion and, if so, how the consumer can consult it;
    – the manner in which the consumer, before concluding the contract, can check and, if desired, correct the data provided by them under the contract;
    – any other languages in which, in addition to Dutch, the contract can be concluded;
    – the codes of conduct to which the trader has subjected itself and the manner in which the consumer can consult these codes of conduct electronically; and
    – the minimum duration of the distance contract in the case of an extended transaction.

Article 5 – The contract

  1. The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set out therein.
  2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer can dissolve the contract.
  3. If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.
  4. The trader can – within legal frameworks – inform itself as to whether the consumer can meet their payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the contract, it is entitled to refuse an order or request with reasons, or to attach special conditions to its performance.
  5. The trader will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
    a. the visiting address of the trader's establishment where the consumer can go with complaints;
    b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal;
    c. the information about guarantees and existing after-sales service;
    d. the data included in Article 4(3) of these terms, unless the trader has already provided this data to the consumer before performance of the contract;
    e. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
  6. In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal

On delivery of products:

  1. When purchasing products, the consumer has the option to dissolve the contract without giving reasons for 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the trader.
  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 assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product to the trader with all supplied accessories and – if reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

If the product is damaged or the packaging is damaged more than necessary to try the product, we may charge you for this decrease in the value of the product. So handle the product with care and make sure it is well packaged when returning it.

Article 7 – Costs in the event of withdrawal

  1. If the consumer exercises their right of withdrawal, they will notify this within 14 days.
  2. If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after the return or withdrawal. The costs of returning the item are at the consumer's expense.

Article 8 – Exclusion of the right of withdrawal

  1. The trader can exclude the consumer's right of withdrawal insofar as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, or at least in good time before the conclusion of the contract.
  2. Exclusion of the right of withdrawal is only possible for products:
    a. that have been created by the trader in accordance with the consumer's specifications;
    b. that are clearly personal in nature;
    c. that by their nature cannot be returned;
    d. that can spoil or age quickly;
    e. whose price is subject to fluctuations in the financial market over which the trader has no influence;
    f. for individual newspapers and magazines;
    g. for audio and video recordings and computer software of which the consumer has broken the seal.
  3. Exclusion of the right of withdrawal is only possible for services:
    a. relating to accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;
    b. whose delivery has begun with the consumer's express consent before the cooling-off period has expired;
    c. relating to bets and lotteries.

Article 9 – The price

  1. During the period of validity stated in the offer, the prices of the products and/or services offered are not increased, except for price changes as a result of changes in VAT rates.
  2. Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence, at variable prices. This linkage to fluctuations and the fact that any prices stated are guide prices are stated with the offer.
  3. Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:
    a. they are the result of statutory regulations or provisions;
    b. the consumer has the authority to terminate the contract with effect from the day on which the price increase takes effect.
  5. The prices stated in the offer of products or services include VAT.

Article 10 – Conformity and Warranty

  1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date the contract was concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the trader under the contract.

Article 11 – Delivery and performance

  1. The trader will exercise the greatest possible care when receiving and performing 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 company.
  3. With due observance of what is stated about this in Article 4 of these terms and conditions, the company will execute accepted orders with due speed but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and the right to any compensation.
  4. In the event of dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible, but no later than 7 days after dissolution.
  5. If delivery of an ordered product proves impossible, the trader will endeavour to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are at the trader's expense.
  6. The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 – Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period referred to in Article 6(1). In the case of a contract for the provision of a service, this period starts after the consumer has received confirmation of the contract.
  2. When selling products to consumers, the terms and conditions may never stipulate an advance payment of more than 50%. When an advance payment has been stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
  3. The consumer has the duty to report inaccuracies in the payment details provided or stated to the trader without delay.
  4. In the event of non-payment by the consumer, the trader has the right, subject to statutory limitations, to charge the reasonable costs made known to the consumer in advance.

Article 13 – Complaints procedure

  1. The trader has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the performance of the contract must be submitted to the trader fully and clearly described within a reasonable time after the consumer has discovered the defects.
  3. Complaints submitted to the trader are answered within a period of 14 days counted from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader 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.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution scheme.

Article 14 – Disputes

It can always happen that something does not go entirely as planned. We recommend that you first make complaints known to us by emailing info@dutchflock.com. If this does not lead to a solution, you can submit your dispute for mediation via WebwinkelKeur at https://www.webwinkelkeur.nl/kennisbank/consumenten/geschil. 

Article 15 – Additional or deviating provisions

Additional provisions or provisions deviating from these terms and conditions may not be to the detriment of 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 medium.