General Terms and Conditions
Article 1 - Definitions
1.1 Reflection period: the period within which the consumer can exercise his right of withdrawal.
1.2 Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.
1.3 Day: calendar day.
1.4 Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
1.5 Durable medium: any instrument that enables the consumer or entrepreneur to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information.
1.6 Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling- off period .
1.7 Model form: the model withdrawal form made available by the trader that a consumer can fill out when he wants to exercise his right of withdrawal.
1.8 Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers.
1.9 Distance contract: an agreement concluded between the consumer within the framework of a system organised by the entrepreneur for the distance sale 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.
1.10 Distance communication technology: means that can be used to conclude an agreement without the consumer and the entrepreneur being in the same place at the same time.
1.11 General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
2.1 Company name: HomewellProducts.nl.
2.2 Address: Boxtelstraat, 6843 RZ, Boxtelstraat 5, The Netherlands.
2.3 Telephone number:
2.4 Email address: info@homewellproducts.nl.
2.5 Chamber of Commerce number: 94165025.
2.6 VAT number: NL866660744B01.
Article 3 - Applicability
3.1 Scope: These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer.
3.2 Availability before Contract: Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer.
3.3 Electronic Availability: If the distance contract is concluded electronically, the general terms and conditions will be made available to the consumer electronically.
3.4 Applicability in case of conflicting conditions: In the event that specific product or service conditions apply in addition to these general conditions, the consumer can always rely on the applicable provision that is most favourable to him in the event of conflicting conditions.
3.5 Invalidity and replacement of provisions: If one or more provisions in these general terms and conditions are null and void or annulled at any time, in whole or in part, the agreement and these terms and conditions will remain in force for the remainder.
3.6 'In the spirit' interpretation: Situations that are not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Article 4 - The offer
4.1 Limited period of validity: If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
4.2 Non-binding nature of the offer: The offer is non-binding and the entrepreneur is entitled to change and adapt the offer.
4.3 Accurate description: The offer contains a complete and accurate description of the products and/or services offered.
4.4 Images and specifications: All images and specifications in the offer are indicative.
4.5 True representation: Images of products are a true representation of the products offered.
4.6 Clarity about rights and obligations: 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
5.1 Conclusion of agreement: The agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.
5.2 Confirmation in case of electronic acceptance: If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically.
5.3 Security and web environment for electronic agreements: The entrepreneur takes appropriate measures to secure the electronic transfer of data and ensures a secure web environment.
5.4 Investigation into payment obligations: The entrepreneur can, within legal frameworks, determine whether the consumer can meet his payment obligations.
5.5 Information upon delivery: The entrepreneur will provide the consumer with the relevant information regarding the product or service.
5.6 Conditions for long-term transactions: In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
5.7 Condition of availability: Each agreement is entered into under the condition precedent of sufficient availability of the relevant products.
Article 6 - Right of withdrawal
6.1 General: When purchasing products, the consumer has the option to cancel the agreement without giving any reason within 14 days.
6.2 Consumer due care: During the cooling-off period, the consumer will handle the product and packaging with care.
6.3 Informing the right of withdrawal: If the consumer wishes to exercise their right of withdrawal, they are obligated to notify the entrepreneur within 14 days of receiving the product. This can be done via the model form or another means of communication.
6.4 Returning the product: After making the right of withdrawal known, the customer must return the product within 14 days.
6.5 Consequences of not communicating in time: If the customer has not indicated that he wishes to exercise his right of withdrawal after the periods of 6.3 and 6.4, or has not returned the product, the purchase is a fact.
Article 7 - Costs in case of revocation
7.1 Return costs: If the consumer exercises his right of withdrawal, he will be responsible for at most the costs of return.
7.2 Refund: If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation.
7.3 Depreciation of product: If the product is damaged due to careless handling by the consumer, the consumer is liable for any decrease in value of the product.
7.4 Information obligation regarding the right of withdrawal: The consumer cannot be held liable for any diminished value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal.
Article 8 - Exclusion of the right of withdrawal
8.1 General exclusion: The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3.
8.2 Specific exclusions: Exclusion of the right of withdrawal is only possible for products that meet specific criteria, as stated in the following subsections.
8.3 Customised products: Products that have been created by the entrepreneur in accordance with the consumer's specifications.
8.4 Personal products: Products that are clearly personal in nature.
8.5 Non-returnable products: Products that cannot be returned by their nature.
8.6 Perishable products: Products that can spoil or expire quickly.
8.7 Financial products: Products whose price is subject to fluctuations on the financial market.
8.8 Media with seal: For audio and video recordings and computer software where the consumer has broken the seal.
8.9 Hygiene products: For hygiene products where the consumer has broken the seal.
8.10 Service exclusions: Exclusion of the right of withdrawal is also possible for certain services, as listed in the following subsections.
8.11 Specific services: Services relating to accommodation, transport, catering or leisure activities, etc.
Article 9 - The price
9.1 Fixed prices: During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except in specific cases such as changes in VAT rates.
9.2 Variable prices: For products or services with prices that are subject to financial market fluctuations, the entrepreneur may apply variable prices.
9.3 Price increases: Price increases within 3 months after the conclusion of the agreement are only permitted under legal circumstances.
9.4 Prices including VAT: All prices stated include VAT.
9.5 Printing and typographical errors: All prices are subject to printing and typographical errors.
Article 10 - Conformity and warranty
10.1 Conformity: The entrepreneur ensures that the products/services comply with the agreement and the promised specifications.
10.2 Warranty: Any warranty from the entrepreneur, manufacturer or importer does not affect the statutory rights of the consumer.
10.3 Reporting defects: Defects or incorrectly delivered products must be reported within 2 months of delivery.
10.4 Warranty period: The entrepreneur's warranty period is equal to the manufacturer's warranty period.
10.5 Exclusion of warranty: Warranty does not apply in certain cases, such as careless handling or improper use.
Article 11 - Delivery and execution
11.1 Care: The entrepreneur takes great care when receiving and executing orders for products.
11.2 Delivery address: The place of delivery is the address that the consumer has provided to the entrepreneur.
11.3 Delivery period: Orders will be executed as soon as possible, but no later than within 30 days, unless a different delivery period has been agreed.
11.4 Delivery delay: In the event of a delay or incomplete delivery, the consumer will be notified and will have the right to terminate the agreement.
11.5 Indicative terms: All delivery times are indicative.
11.6 Refund upon termination: In the event of termination in accordance with paragraph 3, the entrepreneur will refund the amount paid.
11.7 Impossibility of delivery: If delivery of an ordered product proves impossible, the entrepreneur will strive to provide a replacement item.
11.8 Risk of damage: The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery.
Article 12 - Duration transactions: duration, termination and extension
12.1 Termination of an indefinite term: Agreements for an indefinite term can always be terminated in accordance with the agreed rules and with a notice period of up to one month.
12.2 Termination of a fixed term: Fixed-term agreements can be terminated at the end of the fixed term.
12.3 Method of termination: The consumer can terminate agreements in various ways, observing the same notice period as the entrepreneur.
12.4 Extension of a fixed term: Fixed-term agreements are not tacitly extended or renewed for a fixed period.
12.5 Exceptions to renewal: There are specific exceptions to the rule in paragraph 4 for certain types of publications.
12.6 Duration: Agreements with a duration of more than one year can always be terminated after one year with a notice period of up to one month.
Article 13 - Payment
13.1 Payment term: Unless otherwise agreed, payments must be made within 7 working days after the start of the cooling-off period.
13.2 Obligation to report inaccuracies: The consumer must immediately report inaccuracies in payment details.
13.3 Non-payment: In the event of non-payment, the entrepreneur may charge reasonable costs.
Article 14 - Complaints procedure
14.1 Complaints procedure: The entrepreneur has a clear complaints procedure.
14.2 Filing complaints: Complaints must be filed within 2 months of discovery.
14.3 Response time to complaints: Complaints will be answered within 14 days of receipt.
14.4 Dispute resolution: If a complaint cannot be resolved amicably, the dispute resolution procedure applies.
14.5 Appeal to external parties: In case of unresolved complaints, the consumer can contact Stichting WebwinkelKeur or the European ODR platform.
14.6 Complaint does not suspend obligations: A complaint does not suspend the obligations of the entrepreneur, unless otherwise indicated.
14.7 Handling justified complaints: In case of justified complaints, the entrepreneur will, at his discretion, replace or repair the product.
Article 15 - Disputes
15.1 Applicable law: Dutch law applies to agreements.
15.2 Vienna Sales Convention: The Vienna Sales Convention does not apply.
Article 16 - Additional or deviating provisions
16.1 Additional provisions: Additional or deviating provisions may not be to the detriment of the consumer and must be recorded in writing or in a durable manner.