General Terms & Conditions

General Terms & Conditions

 

Table of contents

  • Article 1 – Definitions
  • Article 2 – Identity of entrepreneur
  • Article 3 – Applicability
  • Article 4 – The offer
  • Article 5 – The agreement
  • Article 6 – Right of withdrawal
  • Article 7 – Costs attached to withdrawal
  • Article 8 – Exclusion of right of withdrawal
  • Article 9 – The price
  • Article 10 – Conformity and guarantee
  • Article 11 – Delivery and performance
  • Article 12 – Continuing performance contract: duration, termination and extension
  • Article 13 – Payment
  • Article 14 – Complaints procedure
  • Article 15 – Disputes
  • Article 16 – Additional or deviating provisions

Article 1 – Definitions

 

In these terms and conditions, the following terms are defined as stated below:

  • Cooling-off period: the period within which consumer may invoke his right to withdrawal;
  • Consumer: the natural person who does not act on behalf of a profession or company and enters into a distance agreement with entrepreneur;
  • Day: calendar day;
    Continuing performance contract: a distance agreement relating to a series of products and/or services, of which the delivery and/or the purchasing obligation is spread out over time;
  • Durable data carrier: any means that enables consumer or entrepreneur to store information that is directed at him personally, in a way that makes it possible to consult said information in the future and reproduce it unmodified.
    Right to withdrawal: the possibility for consumer to exit the distance agreement within the cooling-off period;
  • Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
  • Distance agreement: an agreement where, in relation to a by the operator organised system for distant selling of products and/or services, up to and including the closure of the agreement, one or more techniques for distant communications are expressly used
  • Technology for distance communication: a means that may be used for closing an agreement, without the necessity for consumer and entrepreneur to have met in the same room simultaneously.

Article 2 – Identity of entrepreneur

 

Partner Pete BV;

Veembroederhof 119, 1019HD, Amsterdam

Phone number: (09.00u-1700u) +31(0)20 4229696

Email address: support@partnerpete.com

CoC  (kvk) number : 65453492

Entrepreneur is an intermediary / broker

  1. Entrepreneur is an intermediary who brokers the closing of agreements between suppliers/manufacturers/service agencies (suppliers/manufacturers, be they mentioned on the website or not) and visitors of the web-shop / site of the entrepreneur.
  2. However, entrepreneur is not the supplier/manufacturer/service agency. Entrepreneur is not a party during the final establishment of the agreement between consumer and the supplier/manufacturer/service agency.
  3. The final agreement is closed directly between consumer and the supplier/manufacturer. On behalf of consumer, entrepreneur shall place the order with the supplier / consumer whether or not of his own choice (without notifying consumer of this prior) and on behalf of consumer agrees with the price and general terms and conditions of the concerned supplier/manufacturer/service agency. Consumer agrees to this and shall never address entrepreneur about this, nor about any attached consequences.
  4. Entrepreneur offers the products of his partners on his website, with a list of the key features and/or conditions of the partners. No rights can be derived from the content of the website, however.
  5. The rights and obligations relating to the product as chosen by consumer on entrepreneur’s website are determined in the agreement and the general terms and conditions of the involved supplier/manufacturer/service agency.
  6. The consumer is expected to have read through the applicable conditions of that agreement prior to signing that agreement; or at least be familiar with them. We therefore explicitly advise you to read those terms and conditions properly prior to signing an agreement of the supplier/manufacturer/service agency.
  7. At all times, before the agreement with one or multiple partners may be closed, payment of the service by entrepreneur as described on the website onto one of the accounts of entrepreneur is to have been completed. After the completion of payment, the order is placed with one or several of our partners.
  8. The mentioned rates and prices as mentioned by entrepreneur are in Euro.

Article 3 – Applicability

 

These Terms and Conditions apply to every offer and every distance the offer is agreed on between entrepreneur and consumer. Prior to the closing of a distance contract, 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, that the general terms and conditions are available for inspection at the entrepreneur’s premises and that they will be sent free of charge to the consumer, as quickly as possible, as per the consumer’s request.

If the distance contract is concluded electronically, then, in deviation of the previous paragraph, and before the distance contract is closed, the consumer will be provided with the text of these general terms and conditions electronically, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, the entrepreneur will indicate where the general terms and conditions can be inspected electronically and that at his request they will be sent to the consumer free of charge, be it electronically or in another way.

In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply and the consumer can always invoke the applicable condition that is most favourable to him in the event of incompatible general terms and conditions.

Article 4 – The offer

 

If an offer has a restricted validity duration, this shall be mentioned expressly in the offer. The offer contains a complete and correct description of the offered products and/or services. The description is detailed enough to allow the consumer to make a good assessment of the offer. If the entrepreneur uses images, these are a true depiction of the offered products and services. Obvious mistakes or errors in the offer don’t bind the entrepreneur.
Every offer presents information in such a way that it is immediately clear to consumer what the rights and obligations are that are tied to the acceptance of the offer.

In particular, this pertains to the following:

  • price including taxes;
  • any costs of delivery;
  • the manner by which the agreement shall be closed and the steps required to do so;
  • the applicability or lack thereof of the right to withdrawal;
  • the means of payment, delivery and performance of the agreement;
  • the period for acceptance of the offer, or the period within which
  • the entrepreneur guarantees the price;
  • the height of the rate for distance communication should the costs of the use of technology for distance communication be calculated on other bases than the regular standard rate for the used means of communication;
  • if the agreement is archived after its establishment, and if so, in what manner this remains accessible to consumer;
    the applicability or lack thereof of the right to withdrawal;
  • the means of payment, delivery and performance of the agreement;
  • the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
  • the height of the rate for distance communication should the costs of the use of technology for distance communication be calculated on other bases than the regular standard rate for the used means of communication;
  • if the agreement is archived after its establishment, and if so, in what manner this remains accessible to consumer;
    the manner by which the consumer, prior to closing the agreement, can check the data as submitted by him in view of the agreement and where need be modify it;
    any languages in which, next to Dutch, the agreement can be closed;
  • the codes of conduct by which the entrepreneur adheres and the manner by which the consumer may consult these codes of conduct by electronic means;
  • and the minimum duration of the distance agreement in the event of a continuing performance contract.

Article 5 – The agreement

 

The agreement is established, with reservation of the stipulation in paragraph 4, at the moment the consumer accepts the offer and the conditions tied to that particular offer.
If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed by the entrepreneur.
If the contract is concluded electronically, the entrepreneur will take suitable technical and organisational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, the entrepreneur will take suitable security measures.
The entrepreneur may obtain information – within statutory frameworks – about the consumer’s ability to fulfil his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. Should that research give the entrepreneur proper grounds for declining to conclude the contract, then he has a right, in a reasoned manner, to reject an order or application or to bind its implementation to special conditions.

Together with the product or service, the entrepreneur will send to the consumer the following information, in writing, or in such a way that the consumer can store it on an accessible durable data carrier:

  1. the visiting address of the entrepreneur’s business location where the consumer can file complaints;
  2. the conditions under which the consumer can make use of the right of withdrawal and the method for so doing, or a clear statement relating to the exclusion of the right of withdrawal;
  3. information on guarantees and existing after-sales service;
  4. the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these prior to concluding the contract;
  5. the requirements for terminating the contract, if the duration of the contract exceeds one year or is indefinite.
  6. In case of an extended duration contract, the stipulation in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

 

Upon delivery of products:

When purchasing products, a consumer has the possibility of dissolving the contract, without giving reasons, during 14 days. This cooling-off period commences on the day after the product was received by the consumer or a representative previous designated by the consumer and announced to the entrepreneur.
During the cooling-off period, the consumer will handle the product and its packaging carefully. He will only unpack or use the product as far as necessary in order to be able to assess whether he wishes to retain the product. If he wishes to exercise his right of withdrawal, then he will return the product to the entrepreneur, with all associated components, and, in as far as this is reasonably possible, in the original state and packaging, in accordance with the reasonable and clear instructions that were provided by the entrepreneur.

Upon delivery of services:

Upon delivery of services, a consumer has the possibility of dissolving the contract, without stating reasons, during at least seven days, starting on the day when the contract was concluded.
In order to make use of his right of withdrawal, the consumer will act in accordance with the reasonable and clear instructions that the entrepreneur provided when the offer was made and/or at the latest upon delivery.

Article 7 – Costs attached to withdrawal

 

If a consumer makes use of his right of withdrawal, he shall be responsible for, at most, the costs of returning the goods.
If the consumer has paid a sum, the entrepreneur will refund this sum as quickly as possible, though at the latest within 30 days after the goods were returned or after the withdrawal.

Article 8 – Exclusion of right of withdrawal

 

The entrepreneur can exclude the consumer from having a right of withdrawal as far is provided for in paragraph 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur clearly stated this fact when making the offer, or at least timely prior to conclusion of the contract.

Exclusion from the right of withdrawal is only possible for products:

  1. that have been created by the entrepreneur in accordance with the consumer’s specifications;
  2. that are clearly of a personal nature;
  3. that cannot be returned because of their nature;
  4. that may decay quickly or become outdated;
  5. the price of which is subject to fluctuations on the financial market over which the entrepreneur has no influence;
  6. for individual newspapers and magazines;
  7. for audio and video recordings and computer software of which the consumer has broken the seal.

Exclusion from the right of withdrawal is only possible for services:

  1. relating to accommodation, transport, restaurant business or leisure activities to be carried out on a given date or during a given period;
  2. the supply of which began, with the explicit consent of the consumer, before the withdrawal period had expired;
  3. relating to bets and lotteries.

Article 9 – The price

 

During the period of validity indicated in the offer, the prices of the products and/or services being offered will not increase, except for price changes in VAT rates.
In deviation of the previous paragraph, the entrepreneur may offer products or services at variable prices, in cases where these prices are subject to fluctuations in the financial market over which the entrepreneur has no influence. The offer must refer to this link with fluctuations and the fact that any prices mentioned are recommended prices.
Price increases within 3 months after the agreement was concluded are only permitted if they are the result of statutory regulations or stipulations.
Price increases more than 3 months after the agreement was concluded are only permitted if the entrepreneur stipulated this and

  1. these are the result of statutory regulations or stipulations; or
  2. the consumer has the authority to terminate the contract on the day on which the price increase takes effect.

Prices stated in offers of products or services are including VAT.

Article 10 – Conformity and guarantee

 

The entrepreneur guarantees that the products and/or services meet the needs as mentioned in the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded. If agreed the entrepreneur also guarantees that the product is suited for other than normal use.
A guarantee arrangement offered by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that a consumer, as a result of the contract, can enforce against the entrepreneur.

Article 11 – Delivery and performance

 

The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
The place of delivery is deemed to be the address that the consumer makes known to the company.
Taking into consideration that which is stated in article 4 of these general terms and conditions, the company will perform accepted orders with efficient expedition, though at the latest within 30 days, unless a longer period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be performed, or only partially, the consumer will be informed about this at the latest 30 days after the order was placed. The consumer shall in such a case carry the right to dissolve the contract free of charge and a right to possible damages.
In the case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the consumer the sum paid as quickly as possible, though at the latest within 30 days after that dissolution.
Should delivery of a product that has been ordered prove impossible, the entrepreneur will attempt to provide a replacement article. The fact that a replacement article is being delivered will be stated clearly and intelligibly, at the latest upon delivery. The right of withdrawal cannot be excluded for replacement articles. The costs of returning products will be borne by the entrepreneur.
The risk of damage and/or loss of products rests upon the entrepreneur up to the moment of delivery to the consumer or a representative previously designated by the consumer and announced to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Continuing performance contract: duration, termination and extension

 

Termination

The consumer has a right at all times to terminate an indefinite term contract that was concluded for the regular supply of products (including electricity) or services, subject to the agreed termination rules and a period of notice of maximally one month.
The consumer has a right at all times to terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services, subject to the agreed termination rules and a period of notice of maximally one month.
The consumer may, in view of the previously mentioned contracts:

  • terminate them at all times and not be limited to termination at a specific time or during a specific period;
  • terminate them in the same way as that in which they were concluded;
  • always terminate them subject to the same period of notice as that stipulated for the entrepreneur.

Extension

A fixed-term contract that was concluded for the regular supply of products (including electricity) or services may not be automatically prolonged or renewed for a fixed period of time.
In deviation of the statement in the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers or magazines may be automatically extended for a fixed term that does not exceed three months, if the consumer is at liberty to terminate this extended contract towards the end of the extension, with a period of notice of maximally one month.
A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically prolonged for an indefinite period of time if the consumer has at all times the right to terminate, with a period of notice that does not exceed one month and, in the case of a contract to supply daily or weekly newspapers or magazines regularly but less than once per month, a period of maximally three months.
A fixed-term contract for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial subscriptions or introductory subscriptions) will not be automatically prolonged and will automatically terminate at the end of the trial period or introductory period.

Duration

If the fixed-term of a contract exceeds one year, then after one year the consumer has at all times a right to terminate, with a period of notice that does not exceed one month, unless reasonableness and fairness dictate that premature termination of the contract would be unacceptable.

Article 13 – Payment

 

If not agreed otherwise, amounts payable by the consumer should be settled within the payment module on the web-shop/site. In the case of a contract to provide a service, this possibility commences after the consumer has received the contract confirmation.
When selling products to consumers, the general terms and conditions may never stipulate an advance payment of more than 50%. When advance payment is stipulated, the consumer cannot invoke any rights whatsoever in relation to the implementation of the order or service(s) in question before the stipulated advance payment has been made.
The consumer is obliged to report immediately any inaccuracies in payment data provided or stated to the entrepreneur.
In the event of non-payment on the part of the consumer, the entrepreneur has the right, subject to statutory limitations, to charge the consumer reasonable costs about which the consumer was informed in advance.

Article 14 – Complaints procedure

 

The entrepreneur possesses a complaints procedure that has been given sufficient transparency, and will deal with a complaint in accordance with this complaints procedure.
Complaints about exercising the contract must be submitted to the entrepreneur without delay, in their entirety and clearly defined, after the consumer has discovered the defects.
A reply to complaints submitted to the entrepreneur will be provided within a period of 14 days, calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, then the entrepreneur will reply within 14 days, confirming receipt and indicating when the consumer can expect a more elaborate reply.
If the complaint cannot be solved in joint consultation, then it becomes a dispute that is subject to the disputes settlement scheme.

Article 15 – Disputes

 

Contracts entered into between an entrepreneur and a consumer and which are subject to these general terms and conditions are subject expressly to Dutch law.

Article 16 – Additional or deviating provisions

 

All actual products that are offered on the website of the entrepreneur or affiliated domain name are subcontracted to, and thus performed, by third parties (suppliers/manufacturers/service agencies of the actual product), subject to the applicable conditions of these parties.

Entrepreneur may only be held liable for the service of informing, gathering information of the consumer and subsequently placing the order with a third party (supplier of the actual product), on behalf of the consumer.

Entrepreneur will handle the placement and reception of orders with third parties (supplier of the actual product/service) with utmost care and attention, but cannot be held liable for the non- or partial performance of the obligations of the actual third parties (supplier of the actual product/service).