Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply: Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day; Long-term transaction: a distance contract relating to a series of products and/or services, of which the supply and/or purchase obligation is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Model form: the withdrawal form made available by the entrepreneur that a consumer can fill out when they wish to exercise their right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
Distance contract: an agreement concluded within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, whereby exclusive use is made of one or more techniques for distance communication until the conclusion of the agreement;
Technique for distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously in the same space.
Terms and Conditions: these general terms and conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Betonlook.nl BV
Butaanstraat 10, 7463 PG Rijssen
+31 85 487 1268 – reachable on working days from 09:00 to 17:00 (Fridays until 16:30)
Email: info@betonlook.nl
Chamber of Commerce (KvK): 77772563
VAT identification number: NL861137899B01

Article 3 – Applicability

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 the consumer.

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, it will be stated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.

If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply accordingly, and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision most favourable to them.

If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions will remain in force for the rest and the relevant provision will be replaced in mutual consultation as soon as possible by a provision that approximates the original intent as much as possible.

Situations not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.

Uncertainties regarding the interpretation or content of one or more provisions of these terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

Article 4 – The offer

If an offer has a limited validity or is made under certain conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the offered products and/or services. 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 representation of the offered products and/or services. Obvious errors or mistakes in the offer are not binding for the entrepreneur.

All images, specifications and information in the offer are indicative and cannot be grounds for compensation or dissolution of the agreement.

Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the colours shown will exactly match the real colours of the products.

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

• the price including taxes;
• any shipping costs;
• the way in which the agreement will be concluded and which actions are required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery and execution of the agreement;
• the term for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
• the rate for distance communication if the costs for using the means of distance communication are calculated on a basis other than the basic rate;
• whether the agreement is archived after its conclusion, and if so, how it can be consulted by the consumer;
• how the consumer, before concluding the agreement, can check and if necessary correct the information provided by them;
• any other languages in which the agreement can be concluded in addition to Dutch;
• the codes of conduct to which the entrepreneur has submitted and how the consumer can consult these codes of conduct electronically;
• the minimum duration of the distance agreement in the event of a long-term transaction.

Article 5 – The agreement

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

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

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this.

The entrepreneur may, within the limits of the law, verify whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for responsibly concluding a distance contract. If the entrepreneur, based on this investigation, has sound reasons not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to its execution.

The entrepreneur will send the consumer the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

• the address of the entrepreneur’s business location where the consumer can lodge complaints;
• the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• information on guarantees and existing after-sales service;
• the information referred to in Article 4, paragraph 3, 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 long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Each agreement is concluded under the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

For product delivery:

When purchasing products, the consumer has the right to dissolve the agreement without giving any reason for a period of 14 days. This reflection period starts on the day after the consumer or a representative designated in advance by the consumer and made known to the entrepreneur receives the product.

During the reflection period, the consumer shall 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 it. If he makes use of his right of withdrawal, he shall return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to make use of his right of withdrawal, he is obliged to notify the entrepreneur within 14 days of receiving the product. Notification must be made using the model form. After the consumer has indicated that he wishes to use his right of withdrawal, he must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example, with proof of shipment.

If the consumer has not indicated within the periods referred to in paragraphs 2 and 3 that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is final.

For service delivery:

In the case of services, the consumer has the right to dissolve the agreement without giving any reason for at least 14 days, starting on the day the agreement is entered into.

To make use of his right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 – Costs in case of withdrawal

If the consumer makes use of his right of withdrawal, at most the costs of return shipment shall be at his expense.

If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal. This is conditional upon the product having already been received back by the seller or conclusive evidence of full return being provided. Refunds will be made using the same payment method the consumer used, unless the consumer expressly agrees to another method.

If the product is damaged due to careless handling by the consumer, the consumer is liable for any loss in value.

The consumer cannot be held liable for any reduction in the value of the product if the entrepreneur has not provided all the legally required information about the right of withdrawal; this must be done before the sales agreement is concluded.

Article 8 – Exclusion of the right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur clearly stated this in the offer, at least before the conclusion of the contract.

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

• that have been created by the entrepreneur in accordance with the consumer's specifications;
• that are clearly personal in nature;
• that cannot be returned due to their nature;
• that can spoil or age quickly;
• whose price is subject to fluctuations in the financial market beyond the entrepreneur’s control;
• for individual newspapers and magazines;
• for audio and video recordings and computer software whose seal has been broken by the consumer;
• for hygienic products whose seal has been broken by the consumer.

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

• related to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
• whose performance has begun with the consumer's express consent before the cooling-off period has expired;
• related to betting and lotteries.

Article 9 – The price

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

Contrary to the previous paragraph, the entrepreneur may 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 susceptibility to fluctuations and the fact that any listed prices are target prices will be stated in the offer.

Price increases within 3 months after the agreement is concluded are only allowed if they result from legal regulations or provisions.

Price increases from 3 months after the agreement is concluded are only allowed if the entrepreneur has stipulated this and:

• they are the result of legal regulations or provisions; or
• the consumer has the authority to terminate the agreement effective on the date the price increase takes effect.

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

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of such errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur 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 existing legal provisions and/or government regulations on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert under the agreement against the entrepreneur.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.

The entrepreneur's warranty period 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.

The warranty does not apply if:

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

Article 11 – Delivery and execution

The entrepreneur will take the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.

The place of delivery is the address the consumer has made known to the company.

Taking into account what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or can only partially be carried out, the consumer will be informed 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 is not entitled to compensation.

All delivery periods are indicative. No rights can be derived by the consumer from any stated periods. Exceeding a deadline does not entitle the consumer to compensation.

In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

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 stated clearly and comprehensibly that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment is borne by the entrepreneur.

The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Long-term transactions: duration, cancellation, and renewal

Cancellation

The consumer may cancel an agreement entered into for an indefinite period and that involves the regular delivery of products (including electricity) or services at any time, observing the agreed cancellation rules and a notice period of no more than one month.

The consumer may cancel an agreement entered into for a fixed period and that involves the regular delivery of products (including electricity) or services at any time towards the end of the fixed period, observing the agreed cancellation rules and a notice period of no more than one month.

The consumer may cancel the agreements mentioned in the previous paragraphs:

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

Renewal

An agreement entered into for a definite period and that involves the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.

By way of derogation from the previous paragraph, an agreement entered into for a definite period and that involves the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months if the consumer can cancel this extended agreement at the end of the renewal with a notice period of no more than one month.

An agreement entered into for a definite period and that involves 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 and a notice period of no more than three months in the case the agreement is for the regular, but less than monthly, delivery of daily or weekly newspapers and magazines.

An agreement with limited duration for the regular delivery of daily or weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration

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 prevent cancellation before the end of the agreed duration.

Article 13 – Payment

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 the case of a service agreement, this period begins after the consumer has received confirmation of the agreement.

The consumer is obliged to report any inaccuracies in the provided or stated payment details to the entrepreneur without delay.

In case of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the consumer reasonable costs that were made known in advance.

Article 14 – Complaints procedure

The entrepreneur has a complaints procedure that has been sufficiently communicated and handles complaints in accordance with this procedure.

Complaints about the performance of the agreement must be submitted to the entrepreneur within 7 days after the consumer has discovered the defects, fully and clearly described.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

In the first instance, a consumer must address a complaint to the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and the complaint cannot be resolved by mutual agreement, the consumer must contact Stichting WebwinkelKeur (webwinkelkeur.nl), which will mediate free of charge. Check whether the webshop has a current membership via https://www.webwinkelkeur.nl/leden/. If a solution is still not reached, the consumer has the option to have the complaint handled by the independent dispute committee appointed by Stichting WebwinkelKeur, whose decision is binding and accepted by both the entrepreneur and the consumer. Submitting a dispute to this dispute committee involves costs that the consumer must pay to the committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).

A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.

The Vienna Sales Convention does not apply.

Article 16 – Additional or deviating provisions

Additional provisions or provisions that deviate 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.