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 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and guarantee
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or different provisions

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Article 1 - Definitions

In these terms and conditions, the following definitions shall apply:

1. Thinking period: the period within which the consumer can exercise his 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 entrepreneur;
3. Day: calendar day;
4. Duration: 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 which enables the consumer or trader to store information addressed personally to him in a way which allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
7. Model form: the model form for withdrawal provided by the trader which a consumer can fill in when he wants to exercise his right of withdrawal;
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance contract: an agreement under which, in the context of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;
10. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having come together in the same room at the same time;
11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

BAESS
Sleutelbloem 69
7491LS Delden

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Telephone number: 0634168151
E-mail address: info@baess.nl
Chamber of Commerce number: 74569716
VAT identification number:

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and consumers.
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, before the remote agreement is concluded, it will be indicated that the general conditions can be viewed at the entrepreneur and they will be sent free of charge to the consumer at his request as soon as possible.
3. If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically in such a way that it 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 general conditions can be inspected electronically and that at the consumer's request they will be sent electronically or otherwise free of charge.
4. In the event that in addition to these general conditions also specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and the consumer may in the event of conflicting general conditions always rely on the applicable provision which is most favorable to him.
5. If one or more provisions of these general conditions at any time wholly or partially void or destroyed, the agreement and these terms and conditions for the rest shall remain in force and the provision concerned will be replaced by mutual agreement immediately by a provision that the scope of the original as closely as possible.
6. Situations which are not regulated in these general terms and conditions should be judged 'in the spirit' of these general terms and conditions.
7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general conditions.

Article 4 - The Offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and modify the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images these are a true reflection of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
Images of products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
4. Each offer contains such information that the consumer is clear what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:

• the price including taxes;
• any costs of shipment;
• the manner in which the agreement will be concluded and what actions are necessary for this;
• whether or not the right of withdrawal applies;
• the method 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 amount of the rate of 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 means of communication used;
• whether the contract is archived after its conclusion and, if so, in what way it can be consulted by the consumer;
• the way in which the consumer, before the conclusion of the agreement, can check the data provided by him under the agreement and, if desired, restore them;
• any other languages, besides Dutch, in which the agreement can be concluded;
• the codes of conduct to which the trader is subject and the manner in which the consumer can consult these codes of conduct electronically;and
• the minimum duration of the distance contract in the event of an endurance transaction;

Article 5 - The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and the fulfillment of the conditions thereby stipulated.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm electronically the receipt of the acceptance of the offer. As long as 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 protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur may - within legal frameworks - 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 grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while stating his reasons.
The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable medium:

• the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
• the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement about the exclusion of the right of withdrawal;
• the information on guarantees and existing after-sales services;
• the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
• the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;

In the case of a duration transaction, the provision of the preceding paragraph applies only to the first delivery.

Each contract is entered into under the suspensive conditions of sufficient availability of the products in question.

Article 6 - Right of Withdrawal

On delivery of products:

1. When purchasing products, the consumer has the option of dissolving 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 previously designated by the consumer and made known to the entrepreneur.
3. During the cooling-off period, the consumer has the possibility to dissolve the agreement without giving reasons.
4. 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 assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When the consumer wishes to use his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days, after receipt of the product. The consumer must make this known by means of the model form or by another means of communication such as e-mail. After the consumer has made it known that he wants to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered items were returned in time, for example by means of proof of shipment.
5. If the customer, after the expiration of the periods mentioned in paragraphs 2 and 3, has not made known that he wants to use his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

When delivering services:

1. When providing services, the consumer has the option of dissolving the contract without giving reasons for at least 14 days, starting on the day of entering into the agreement.
2. To make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur in the offer and / or no later than at the time of delivery in this regard.

Article 7 - Costs in case of withdrawal

1. If the consumer exercises his right of withdrawal, no more than the cost of returning the goods will be borne by him.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. Here is the condition that the product is already received back by the merchant or conclusive evidence of complete return can be presented. Refund will be made via the same payment method used by the consumer unless the consumer explicitly agrees to a different payment method.
3. If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product.
4. The consumer can not be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this should be done before the conclusion of the purchase agreement.

Article 8 - Exclusion of the right of withdrawal

1. The trader may exclude the consumer's right of withdrawal for products described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:

• made by the entrepreneur to the specifications of the consumer;
• which are clearly personal in nature;
• those which cannot be returned due to their nature;
• which spoil or age quickly;
• whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
• for individual newspapers and magazines;
• for audio and video recordings and computer software of which the consumer has broken the seal;
• for hygiene products of which the consumer has broken the seal;

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

• concerning accommodation, transportation, restaurant business or leisure activities to be performed on a certain date or during a certain period;
• whose delivery began with the consumer's express consent before the expiration of the cooling-off period;
• involving betting and lotteries;

Article 9 - The price

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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. 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 link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:

• these are the result of legal regulations or provisions; or
• the consumer has the authority to terminate the agreement from the day on which the price increase takes effect.

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

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 - Conformity and warranty

1. The entrepreneur guarantees that the products and / or services meet the agreement, the specifications listed in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer under the agreement may assert against the entrepreneur.
3. Eventual defects or wrongly delivered products should be reported to the entrepreneur in writing within 2 months after delivery. Return of the products must be in the original packaging and in new condition.
4. The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:

• the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
• the delivered products have been exposed to abnormal conditions or otherwise carelessly treated or have been treated contrary to the instructions of the entrepreneur and/or on the packaging;
• the defectiveness is entirely or partially the result of regulations which the government has set or will set regarding the nature or quality of the materials used;

Article 11 - Delivery and performance

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1. The entrepreneur will take the greatest possible care when receiving and in the execution of orders of products and in the assessment of applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but at the latest within 30 days, unless consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives notice of this no later than 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost. The consumer is not entitled to compensation.
4. All delivery terms are indicative. The consumer cannot derive any rights from any terms mentioned. Exceeding a deadline gives the consumer no right to compensation.
5. In case of dissolution in accordance with the paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
7. The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a previously designated and disclosed to the entrepreneur representative, unless otherwise expressly agreed.

Article 12 - Duration transactions: duration, termination and renewal

Cancellation

1. The consumer may at any time terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, subject to agreed termination rules and a notice period of not more than one month.
2. The consumer may at any time terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, subject to agreed termination rules and a notice period of not more than one month.
3. The consumer may at any time terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services.
4. The consumer can terminate the agreements mentioned in the previous paragraphs:

• cancel at any time and not be limited to cancellation at a specific time or period;
• at least cancel in the same manner as they were entered into by him;
• always terminate with the same notice as the entrepreneur has stipulated for himself;

Renewal

1. A contract entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.
2. Contrary to the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer can terminate this renewed contract by the end of the renewal with a notice period not exceeding one month.
3. A fixed-term contract that has been concluded for the regular delivery of products or services may be tacitly extended for an indefinite period of time only if the consumer may terminate this extended contract at any time with a period of notice that does not exceed one month and a period of notice that does not exceed three months in the event that the contract relates to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
4. A contract with a limited duration for the regular delivery of daily or weekly newspapers and magazines by way of introduction (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
5. The contract shall be automatically terminated at the end of the trial or introductory period.

Duration

1. If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

2. Article 13 - Payment

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   1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
   2. The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.
   3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs made known in advance.

   Article 14 - Complaints procedure

   1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
   2. Complaints about the performance of the agreement must be submitted to the entrepreneur within 2 months fully and clearly described, after the consumer has found 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 foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response.
   4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
   5. In case of complaints, a consumer should first turn to the entrepreneur. If the online store is affiliated with Stichting WebwinkelKeur and complaints that cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this web store has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. Should there still be no solution, the consumer has the possibility to have his complaint handled by the independent arbitration board appointed by Stichting WebwinkelKeur, the verdict is binding and both entrepreneur and consumer agree with this binding decision. There are costs associated with submitting a dispute to this dispute committee, which should be paid by the consumer to the committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
   6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
   7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.

   Article 15 - Disputes

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   1. On agreements between the entrepreneur and the consumer to which these general conditions relate, only Dutch law applies. Even if the consumer resides abroad.
   2. The Vienna Sales Convention does not apply.

   Article 16 - Additional or different provisions

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   Additional provisions or provisions varying 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 data carrier.