General Conditions – Exclusera

Table of 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 reflection 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 right of withdrawal
Article 11 – The price
Article 12 – Compliance and extra guarantee
Article 13 – Delivery and implementation
Article 14 – Duration transactions: duration, cancellation and extension
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Additional or deviating provisions
Article 1 – Definitions

In these conditions the following terms have the following meanings:
1. Additional agreement: an agreement whereby the consumer acquires products, digital content and / or services in connection with a distance contract and these goods, digital
content and / or services are supplied by the entrepreneur or by a third party on the basis of a agreement between that third party and the entrepreneur;

2. Reflection period: the period within which the consumer can make use of his right of withdrawal;

3. Consumer: the natural person who does not act for purposes related to his trade,
business, craft or professional activity;
4. Day: calendar day;
5. Digital content: data that is produced and delivered in digital form;
6. Duration agreement: an agreement that extends to the regular delivery of goods, services
and / or digital content during a specific period;
7. Durable medium: any tool – including e-mail – that enables the consumer or entrepreneur
to store information that is addressed to him personally in a way that facilitates future
consultation or use during a period that is geared to the purpose for which the
information is intended, and which allows unaltered reproduction of the stored
information;
8. Right of withdrawal: the consumer’s option to cancel the distance contract within the
cooling-off period;
9. Entrepreneur: the natural or legal person who offers products, (access to) digital content
and / or services to consumers from a distance;
10. Distance contract: an agreement concluded between the entrepreneur and the consumer
within the framework of an organized system for distance sales of products, digital
content and / or services, whereby until the conclusion of the agreement exclusively or
partly use is made of one or more techniques for distance communication;
11. Model form for withdrawal: the European model form for withdrawal included in
Appendix I of these terms and conditions. Annex I does not have to be made available if
the consumer does not have a right of withdrawal with regard to his order;
12. Technology for distance communication: means that can be used to conclude an
agreement, without the consumer and entrepreneur having to be in the same room at the
same time.

Article 2 – Identity of the entrepreneur
Hello Marketing, trade name; Exclusera
Paterserf 10 4904 AR Oosterhout
Telephone number: 076-7002462
Email address: info@exclusera.com
Chamber of Commerce number: 66623448
VAT identification number: NL001848785B97

If the activity of the entrepreneur is subject to a relevant licensing system: the
information about the supervisory authority.
If the entrepreneur practices a regulated profession:
– the professional association or organization with which he is affiliated;
– the professional title, the place in the EU or the European Economic Area where it is
awarded;
– a reference to the professional rules that apply in the Netherlands and instructions where
and how these professional rules can be accessed.
Article 3 – Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to
every distance contract that has been concluded between the entrepreneur and the
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, the
entrepreneur will indicate, before the distance contract is concluded, how the general
terms and conditions can be viewed at the entrepreneur and that they will be sent free of
charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, by way of derogation from the
previous paragraph and before the distance contract is concluded, the text of these
general terms and conditions can be made available to the consumer electronically in such
a way that they are consumer can be easily stored on a durable data carrier. If this is not
reasonably possible, the distance contract will be preceded is concluded, indicate where
the general terms and conditions can be inspected electronically and that they will be sent
free of charge electronically or otherwise at the request of the consumer.
4. In the event that specific product or service conditions apply in addition to these general
terms and conditions, the second and third paragraphs apply mutatis mutandis and in the
event of conflicting conditions, the consumer can always rely on the applicable provision
that is most is favorable.
Article 4 – The offer
1. If an offer has a limited period of validity 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, digital content
and / or services being offered. The description is sufficiently detailed to enable the
consumer to make a proper assessment of the offer. If the entrepreneur uses images,
these are a true representation of the products, services and / or digital content offered.
Obvious mistakes or errors in the offer are not binding for 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. Subject to the provisions of paragraph 4, the agreement 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 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 he will
ensure a safe web environment. If the consumer can pay electronically, the entrepreneur
will take appropriate security measures.
4. Within legal frameworks, the entrepreneur can – inform himself whether 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, on the basis of this investigation,
the entrepreneur has good reasons not to enter into the agreement, he is entitled to
refuse an order or request, stating reasons, or to attach special conditions to the
implementation.
5. At the latest upon delivery of the product, service or digital content to the consumer, the
entrepreneur will send the following information, 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 business location of the entrepreneur where the consumer
can go with complaints;
b) the conditions under which and the way in which the consumer can make use of the
right of withdrawal, or a clear statement regarding the exclusion of the right of
withdrawal;
c) information about guarantees and existing after-sales service;
d) the price, including all taxes on the product, service or digital content; insofar as
applicable, the costs of delivery; and the method of payment, delivery or
implementation 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 event of an extended transaction, the provision in the previous paragraph only
applies to the first delivery.
Article 6 – Right of withdrawal
For products:
1. The consumer can dissolve an agreement regarding the purchase of a product without
giving reasons during a cooling-off period of at least 14 days. The entrepreneur may ask
the consumer about the reason for the withdrawal, but not oblige him to state his reason
(s).
2. The reflection period referred to in paragraph 1 commences on 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, received the last product. The
entrepreneur may, provided he has clearly informed the consumer about this prior to
the ordering process, refuse an order for 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, the last shipment g or received the
last part;
c) in case of agreements for regular delivery of products during a certain period: the day
on which the consumer, or a third party designated by him, has received the first
product.
Extended reflection period for products, services and digital content that has not been
delivered on a tangible medium when not informing about the right of withdrawal:
3. If the entrepreneur has not provided the consumer with the legally required information
about the right of withdrawal or the model form for withdrawal, the reflection period will
expire twelve months after the end of the original reflection period determined in
accordance with the previous paragraphs of this article.
4. If the entrepreneur has provided the consumer with the information referred to in the
previous paragraph within twelve months after the commencement date of the original
reflection period, the reflection period will expire 14 days after the day on which the
consumer received that information.
Article 7 – Obligations of the consumer during the reflection period
1. During the reflection period, the consumer will handle the product and packaging with
care. He will only unpack or use the product to the extent necessary to determine the
nature, characteristics and operation of the product. The starting point 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 the depreciation of the product that is the result of a way
of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for a decrease in value 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 agreement.
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer makes use of his right of withdrawal, he must report this to the
entrepreneur within the cooling-off period by means of the model withdrawal form or in
another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to
in paragraph 1, the consumer will return the product or hand it over to (an authorized
representative of) the entrepreneur. This is not necessary if the entrepreneur has offered
to collect the product himself. The consumer has in any case complied with the return
period if he returns the product before the cooling-off period has expired.
3. The consumer returns the product with all accessories supplied, if reasonably possible in
the 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.
6. The consumer does not bear any costs for the performance of services or the supply of
water, gas or electricity that have not been made ready for sale in a limited volume or
quantity, or for the supply of district heating, if:
b. the entrepreneur has not provided the consumer with the legally required
information about the right of withdrawal, the cost reimbursement in the event of
withdrawal or the model withdrawal form, or;
c. the consumer has not explicitly requested the start of the performance of the
service or the supply of gas, water, electricity or district heating during the
reflection period.
7. The consumer does not bear any costs for the full or partial delivery of digital content not
supplied on a tangible medium, if:
a) prior to delivery, he has not expressly agreed to commence compliance with the
agreement before the end of the reflection period;
b) he has not acknowledged losing his right of withdrawal when giving his consent; or
c) the entrepreneur has failed to confirm this statement from the consumer.
8. If the consumer exercises his right of withdrawal, all additional agreements will be dissolved
by operation of law.
Article 9 – Obligations of the entrepreneur in case of withdrawal
1. If the entrepreneur makes the notification of withdrawal by the consumer electronically
possible, he will immediately send a confirmation of receipt after receipt of this
notification.
2. The entrepreneur will reimburse all payments made by the consumer, including any
delivery costs charged by the entrepreneur for the returned product, without delay 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 with paying
back until he has received the product or until the consumer demonstrates that he has
returned the product, whichever is the earlier.
3. The entrepreneur uses the same payment method that the consumer has used, unless the
consumer agrees to another method. The reimbursement is free of charge for the
consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest
standard delivery, the entrepreneur does not have to repay the additional costs for the
more expensive method.
Article 10 – Exclusion of right of withdrawal
The entrepreneur can exclude the following products and services from the right of
withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for
the conclusion of the agreement:
1. Products or services whose price is dependent on fluctuations in the financial market on
which the entrepreneur has no influence and which may occur within the withdrawal
period;
2. Agreements concluded during a public auction. A public auction is understood to mean a
sales method in which products, digital content and / or services are offered by the
entrepreneur to the consumer who is personally present or who is given the opportunity
to be personally 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 explicit prior consent of the consumer; and
b. the consumer has stated that he will lose his right of withdrawal as soon as the
entrepreneur has fully performed the agreement;
4. Package travel as referred to in Article 7: 500 of the Dutch Civil Code and passenger
transport contracts;
5. Service agreements for the provision of accommodation, if a specific date or period of
performance is provided for in the agreement and other than for residential purposes,
goods transport, car rental services and catering;
6. Agreements with regard to leisure activities, if a specific date or period of execution is
provided for in the agreement;
7. Products manufactured according to the consumer’s specifications, which are not
prefabricated and which are manufactured on the basis of an individual choice or decision
of 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 to be returned for reasons of health protection or
hygiene and of which the seal has been broken after delivery;
10. Products that are irrevocably mixed with other products after delivery due to their nature;
11. Alcoholic drinks, the price of which was agreed upon when the contract was concluded,
but the delivery of which can only take place after 30 days, and the actual value of which
depends on fluctuations in the market over which the entrepreneur has no influence;
12. Sealed audio, video recordings and computer software, the seal of which has been broken
after delivery;
13. Newspapers, magazines or magazines, with the exception of subscriptions to these;
14. The supply of digital content other than on a tangible medium, but only if:
a.the performance has begun with the explicit prior consent of the consumer; and
b. the consumer has stated that he thereby loses his right of withdrawal.
Article 11 – The price
1. During the period of validity stated in the offer, the prices of the products and / or services
being offered will not be increased, except for price changes as a result of 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, at variable prices. This link to fluctuations and the fact that
any stated prices are target prices are 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:
b. these are the result of statutory regulations or provisions; or
c. the consumer has the authority to cancel the agreement on the day on which
the price increase takes effect.
4. The prices stated in the offer of products or services include VAT.
Article 12 – Compliance with the agreement and extra guarantee
5. 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 legal requirements existing on the date of the
conclusion of the agreement. provisions and / or government regulations. If agreed, the
entrepreneur also guarantees that the product is suitable for others than normal use.
6. An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer
never limits the legal rights and claims that the consumer can assert against the
entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part
of the agreement.
7. An additional guarantee is understood to mean any obligation of the entrepreneur, his
supplier, importer or producer in which he grants the consumer certain rights or claims
that go beyond what he is legally obliged to do in the event that he has failed to fulfill his
part of the the agreement.
Article 13 – Delivery and implementation
1. The entrepreneur will take the greatest possible care when receiving and implementing
orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer makes known to the entrepreneur.
3. With due observance of what is stated in article 4 of these general terms and conditions,
the entrepreneur will execute accepted orders expeditiously, but no later than 30 days,
unless a different delivery period has been agreed. If the delivery is delayed, or if an order
cannot or only partially be 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 terminate the
agreement without costs and is entitled to any compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will
immediately repay the amount paid by the consumer.
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 representative made known to the
entrepreneur, unless expressly agreed otherwise.
Article 14 – Duration transactions: duration, cancellation and extension
Cancellation:
1. The consumer can terminate an agreement that has been entered into for an indefinite
period and which extends to the regular delivery of products (including electricity) or
services, at any time with due observance of the agreed cancellation rules and a notice
period of no more than one month.
2. The consumer can terminate an agreement that has been entered into for a definite
period and that extends to the regular delivery of products (including electricity) or
services, at any time by the end of the specified term, with due observance of the agreed
cancellation rules and a notice period. of no more than one month.
3. The consumer can cancel the agreements referred to in the previous paragraphs:
a. cancel at any time and not be limited to cancellation at a specific time or in a
specific period;
b. at least cancel in the same way as they entered into by him;
c. always cancel with the same notice period as the entrepreneur has stipulated
for himself.
Elongation:
4. 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 tacitly renewed
or renewed for a specified period.
5. 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 tacitly renewed for a fixed period of a maximum of
three months, if the consumer has extended this. can cancel the agreement towards the
end of the extension with a notice period of no more than one month.
6. 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 tacitly renewed for an indefinite
period if the consumer may cancel at any time with a notice period of no more than one
month. The notice period is a maximum of three months in case the agreement extends to
the regular, but less than once a month, delivery of daily, news and weekly newspapers
and magazines.
7. An agreement with a limited duration for the regular delivery 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:
8. If an agreement has a duration of more than one year, the consumer may cancel the
agreement at any time after one year with a notice period of no more than one month, unless
reasonableness and fairness oppose cancellation before the end of the agreed duration. to
oppose.
Article 15 – Payment
1. The consumer has the duty to report inaccuracies in provided or stated payment details to
the entrepreneur without delay.
2. If the consumer does not fulfill his payment obligation (s) on time satisfies, it is, after he has
been informed by the entrepreneur of the late payment and the entrepreneur has granted
the consumer a period of 14 days to still fulfill his payment obligations, after payment has not
been made within this 14-day period, the statutory 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 next € 2,500 and 5% over the next € 5,000 with a minimum of € 40. The entrepreneur
can deviate from the stated amounts and percentages in favor of the consumer.
Article 16 – Complaints procedure
2. The entrepreneur has a well-publicized complaints procedure and handles the
complaint in accordance with this complaints procedure.
3. Complaints about the implementation of the agreement must be submitted fully and
clearly described to the entrepreneur within a reasonable time after the consumer has
discovered the defects.
4. 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 reply within 14 days with a confirmation of receipt and an
indication when the consumer can expect a more detailed answer.
5. The consumer must in any case give the entrepreneur 4 weeks to resolve the
complaint by mutual agreement. After this period, a dispute arises that is subject to
the dispute settlement.
Article 17 – Disputes
1. Contracts between the entrepreneur and the consumer to which these general terms and
conditions apply are exclusively governed by Dutch law.
Article 18 – Additional or deviating provisions
Additional provisions or provisions deviating 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
they can be stored by the consumer in an accessible manner on a durable medium.