Terms and Conditions

Definitions

In these general terms and conditions, the terms below are defined as follows:

Withdrawal period

the period during which the consumer can exercise the right of withdrawal from the agreement.

Consumer

the natural person who is not acting for purposes related to a trade, business, craft or profession and enters into a distance contract with the trader.

Day

a calendar day.

Continuing performance contract

a distance contract relating to a series of products or services, the delivery or performance obligation of which is spread over time.

Durable medium

any tool that enables the consumer or trader to store information addressed personally to them in a way that allows future reference for a period adequate for the purposes of the information, and which allows the unaltered reproduction of the stored information.

Right of withdrawal

the possibility for the consumer to withdraw from the distance contract within the withdrawal period.

Model form

the model withdrawal form provided by the trader that a consumer can fill in when they wish to exercise their right of withdrawal.

Trader

the natural or legal person offering products and/or services to consumers at a distance.

Distance contract

an agreement concluded within the framework of an organised system for distance selling of products and/or services, whereby, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication.

Technology for distance communication

means that can be used to conclude an agreement, without the consumer and trader needing to be in the same place at the same time.

Terms and conditions

these general terms and conditions of the trader.

Identity of the trader

Where the trader's activities are subject to a relevant licensing scheme, the details of the supervisory authority will be provided.

Where the trader practises a regulated profession, the following will be stated: the professional association or organisation the trader is affiliated with; the professional title and the country within the European Union or European Economic Area where this title was awarded; and a reference to the professional rules applicable in the Netherlands, including information on where and how these rules can be accessed.

Applicability

These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. Where this is not reasonably possible, it will be clearly indicated, before the contract is concluded, where the terms and conditions can be viewed and that they will be sent free of charge upon request.

Where the agreement is concluded electronically, these general terms and conditions may be made available to the consumer electronically prior to the conclusion of the agreement, in a way that allows the consumer to easily store them on a durable medium. Where this is not reasonably possible, it will be indicated where the terms and conditions can be consulted digitally and that they will be sent free of charge, digitally or otherwise, upon request.

Where specific product or service terms also apply in addition to these general terms and conditions, the preceding provisions apply accordingly. In the event of conflicting terms, the consumer may rely on the provision that is most favourable to them.

Should one or more provisions of these general terms and conditions at any time prove to be wholly or partly void or be annulled, the remaining provisions shall remain in full force. The provision in question shall then be replaced, by mutual agreement, with a new provision that reflects the purpose of the original provision as closely as possible.

Situations not expressly regulated in these general terms and conditions shall be assessed in accordance with the purpose and intent of these terms.

Where there is uncertainty about the interpretation or content of one or more provisions, this interpretation shall likewise be made in accordance with the purpose and intent of these general terms and conditions.

The offer

Where an offer has a limited period of validity or is subject to conditions, this is clearly stated in the offer.

The trader's offer is without obligation. The trader has the right to change or adjust the offer.

The offer contains a clear and complete description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. Images used by the trader provide as accurate a representation as possible of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the trader.

Images, specifications and other information in the offer are indicative and do not constitute grounds for compensation or dissolution of the agreement.

Product images are intended to give a realistic impression of the product offered. The trader cannot, however, guarantee that colours shown on screen exactly match the actual colours of the product.

Every offer contains information that makes it clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

• the price including taxes;
• any delivery costs;
• the way in which the agreement will be concluded and which actions are required for this;
• whether the right of withdrawal applies;
• the method of payment, delivery and performance of the agreement;
• the period for accepting the offer, or the period within which the trader guarantees the price;
• the amount of any costs for distance communication, where these costs are calculated on a basis other than the standard basic rate;
• whether the agreement is archived after it is concluded, and if so, how the consumer can access it;
• the way in which the consumer, before concluding the agreement, can check and correct the information provided;
• any languages, besides Dutch, in which the agreement can be concluded;
• the codes of conduct to which the trader is subject and how the consumer can consult these electronically;
• the minimum duration of the distance contract in the case of a continuing performance contract.

Where applicable, information is also provided about available sizes, colours, materials or other product variants.

The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and satisfies the associated conditions.

Where the consumer has accepted the offer electronically, the trader will promptly confirm receipt of the acceptance electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.

Where the agreement 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. Where the consumer can pay electronically, the trader will take appropriate security measures.

Within the limits of the law, the trader may verify whether the consumer can meet their payment obligations, as well as any facts and factors relevant to responsibly entering into the distance contract. Where the trader, based on this investigation, has good grounds not to enter into the agreement, it may refuse an order or request, giving reasons, or attach special conditions to its performance.

The trader will provide the consumer, with the product or service, in writing or in a manner that can be stored by the consumer on a durable medium, the following information:

• the visiting address of the trader's place of business where the consumer can address complaints;
• the conditions under which, and the way in which, the consumer can exercise the right of withdrawal, or a clear statement regarding exclusion of the right of withdrawal;
• information about guarantees and existing after-sales service;
• the information included in Article 4(3), unless the trader has already provided this information to the consumer prior to performance of the agreement;
• the requirements for terminating the agreement where it has a duration of more than one year or is of indefinite duration.

In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.

Every agreement is entered into subject to the condition that the relevant product is sufficiently available.

Right of withdrawal

For the delivery of products

When purchasing products, the consumer has the right to dissolve the agreement without giving reasons within 14 days. This withdrawal period begins on the day after the consumer, or a representative designated in advance by the consumer, has received the product.

During the withdrawal period, the consumer must handle the product and its packaging with care. The product may only be unpacked or used to the extent necessary to assess whether the consumer wishes to keep it. Where the consumer exercises the right of withdrawal, the product must be returned with all delivered accessories and, where reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

Where the consumer wishes to exercise the right of withdrawal, they must notify the trader within 14 days of receiving the product. This can be done using the model form. After notifying the trader of the wish to withdraw, the consumer must return the product within 14 days. The consumer must be able to demonstrate that the product was returned in time, for example by means of proof of shipment.

Where the consumer does not notify the trader of the wish to exercise the right of withdrawal, or does not return the product in time, within the periods stated, the purchase remains final.

For the supply of services

For services, the consumer has the right to dissolve the agreement without giving reasons for at least 14 days. This period begins on the day the agreement is concluded.

To exercise the right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the trader with the offer or, at the latest, upon delivery.

Costs in case of withdrawal

Where the consumer exercises the right of withdrawal, at most the costs of returning the product are for the consumer's account.

Where the consumer has already made a payment, the trader will refund this amount as soon as possible, but no later than within 14 days following the withdrawal. This is subject to the condition that the product has been received by the trader, or that the consumer has provided conclusive proof of complete return shipment. The refund will be made using the same payment method used by the consumer, unless the consumer expressly agrees to a different method.

Where the product has been damaged due to careless handling by the consumer, the consumer may be liable for the resulting reduction in value of the product.

The consumer is not liable for a reduction in value of the product where the trader has not provided all legally required information about the right of withdrawal prior to concluding the agreement.

Exclusion of the right of withdrawal

The trader may exclude the right of withdrawal for products and services as described in this article. This exclusion only applies where the trader has clearly stated this in the offer, or has communicated it to the consumer in good time before the agreement is concluded.

Exclusion of the right of withdrawal is possible for products:

• that have been produced according to consumer specifications;
• that are clearly personal in nature;
• that cannot be returned due to their nature;
• that can spoil or deteriorate quickly;
• the price of which is dependent on fluctuations in the financial market over which the trader has no influence;
• consisting of loose newspapers or magazines;
• consisting of audio or video recordings or computer software of which the seal has been broken by the consumer;
• which are of a hygienic nature and of which the seal has been broken by the consumer.

Exclusion of the right of withdrawal is possible for services:

• relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
• the performance of which has begun with the express prior consent of the consumer before the withdrawal period has expired;
• relating to bets or lotteries.

The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

By way of exception, the trader may offer products or services at variable prices, where these prices are subject to fluctuations in the financial market over which the trader has no control. Where prices are indicative or subject to fluctuations in the financial market, this will be clearly stated in the offer.

Price increases within 3 months of the conclusion of the agreement are only permitted where they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted where the trader has stipulated this and the increase is the result of statutory regulations or provisions, or where the consumer has the right to terminate the agreement as of the day the price increase takes effect.

All prices stated for products or services include VAT.

All prices are subject to printing and typesetting errors. The trader accepts no liability for the consequences of such errors. In the event of an obvious printing or typesetting error, the trader is not obliged to deliver the product at the incorrect price.

Conformity and warranty

The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and government regulations in force at the time the agreement is concluded. Where expressly agreed, the trader also guarantees that the product is suitable for use other than normal use.

A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the trader under the agreement. The consumer therefore always retains the rights they have towards the trader on the basis of the agreement and the law.

Any defects or incorrectly delivered products must be reported to the trader in writing within a reasonable time after the consumer has discovered them, or reasonably should have discovered them. A report made within two months of discovery is, in any case, timely. The product must be returned in its original packaging and in a condition appropriate to the product delivered.

The trader's warranty period corresponds to the manufacturer's warranty period. The trader is, however, not responsible for the ultimate suitability of products for each individual application by the consumer, nor is the trader liable for advice regarding the use or application of products, unless otherwise provided by law.

The warranty does not apply where:

• the consumer has repaired or modified the delivered product themselves, or has had it repaired or modified by a third party;
• the product has been exposed to abnormal conditions or has been handled carelessly;
• the product has been used contrary to the trader's instructions or the instructions on the packaging;
• the defect is wholly or partly the result of regulations that the government has imposed, or will impose, regarding the nature or quality of the materials used.

Delivery and performance

The trader will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for services.

The delivery address is the address provided by the consumer to the trader.

Accepted orders will be executed with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. Where delivery is delayed, or where an order cannot be executed or can only be partly 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 dissolve the agreement free of charge. The consumer has no right to compensation.

All delivery periods stated are indicative. The consumer cannot derive any absolute rights from these periods. Exceeding a period does not give rise to a right to compensation.

Where the agreement is dissolved pursuant to paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible, but no later than within 14 days following the dissolution.

Where delivery of an ordered product proves impossible, the trader will endeavour to make a replacement item available. It will be clearly communicated, at the latest upon delivery, that a replacement item is being supplied. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment will, in that case, be borne by the trader.

The risk of damage to and/or loss of products lies 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.

Continuing performance contracts: termination and renewal

Termination

The consumer may terminate an agreement entered into for an indefinite period and relating to the regular delivery of products or services at any time, subject to the agreed termination rules and a notice period not exceeding one month.

An agreement entered into for a fixed period and relating to the regular delivery of products or services may be terminated by the consumer at the end of the fixed period, subject to a notice period not exceeding one month.

The consumer may terminate the agreements referred to above at any time and may not be restricted to termination at a specific time or within a specific period; may terminate at least in the same way as the agreement was entered into; and may always terminate with the same notice period as the trader has stipulated for itself.

Renewal

An agreement entered into for a fixed period relating to the regular delivery of products or services may not be tacitly renewed or extended for a new fixed period.

By way of exception, an agreement entered into for a fixed period for the regular delivery of daily, news, weekly newspapers or magazines may be tacitly extended for a maximum of 3 months. The consumer must be able to terminate this extended agreement, at the end of the extension, with a notice period not exceeding one month.

An agreement entered into for a fixed period for the regular delivery of products or services may only be tacitly extended for an indefinite period where the consumer may terminate at any time with a notice period not exceeding one month. Where the agreement concerns the regular, but less than monthly, delivery of daily, news, weekly newspapers or magazines, the notice period may not exceed 3 months.

An agreement of limited duration for the trial delivery of daily, news, weekly newspapers or magazines will not be tacitly continued and will end automatically at the end of the trial or introductory period.

Duration

Where an agreement has a duration of more than one year, the consumer may, after one year, terminate the agreement at any time with a notice period not exceeding one month, unless reasonableness and fairness dictate against termination before the end of the agreed duration.

Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days of the start of the withdrawal period referred to in Article 6(1). In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.

The consumer is obliged to report any inaccuracies in payment details provided or stated immediately to the trader.

Where the consumer does not pay on time, the trader has the right, within the limits of the law, to charge reasonable costs, of which the consumer has been notified in advance.

Complaints procedure

The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.

Complaints about a defect must be submitted to the trader fully and clearly described, within a reasonable time after the consumer has discovered the defect or reasonably should have discovered it. A complaint submitted within two months of discovery is, in any case, timely.

Complaints submitted to the trader will be answered within 14 days of receipt. Where a complaint is expected to require more time, the consumer will receive an acknowledgement of receipt within 14 days, indicating when a more detailed response can be expected.

Where a complaint cannot be resolved by mutual agreement, the consumer can find information on our complaints page about independent consumer bodies that can offer advice or mediation assistance.

Complaints about a product, an order or the performance of the agreement must first be submitted directly to Hej Refurbished. Our complaints procedure, contact details and information about independent consumer bodies by country of residence can be found on our complaints page.

Hej Refurbished is not currently affiliated with a general dispute resolution body or other institution for out-of-court dispute settlement. The consumer always retains the right to bring the dispute before a competent court.

A complaint does not suspend the consumer's payment or other obligations, unless the trader indicates otherwise in writing.

Where a complaint is found to be justified, Hej Refurbished will, in accordance with the applicable statutory rules, offer free repair or replacement. A specific solution may be refused where it is impossible or cannot reasonably be required of Hej Refurbished. Other statutory rights of the consumer remain unaffected.

Disputes

Agreements between Hej Refurbished and the consumer are governed by Dutch law. This choice of law does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

The Vienna Sales Convention does not apply.

Additional provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer. Such provisions must be recorded in writing or made available in such a way that the consumer can easily store them on a durable medium.