Article 1 - Definitions
In these terms and conditions, the following definitions apply:
1. Supplementary agreement: an agreement in which the consumer acquires products, digital content, and/or services in connection with a distance agreement, and these goods, digital content, and/or services are provided by the entrepreneur or by a third party under an agreement between the third party and the entrepreneur;
2. Reflection period: the period within which the consumer can exercise the right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft, or professional activity;
4. Day: calendar day;
5. Digital content: data that is produced and delivered in digital form;
6. Duration agreement: an agreement that provides for the regular delivery of goods, services, and/or digital content for a specific period;
7. Durable medium: any tool, including email, that enables the consumer or entrepreneur to store information personally addressed to them in a way that makes future consultation or use possible for a period aligned with the purpose for which the information is intended, and that allows unchanged reproduction of the stored information;
8. Right of withdrawal: the consumer’s ability to cancel the distance agreement within the reflection period;
9. Entrepreneur: the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content, and/or services at a distance to consumers;
10. Distance agreement: an agreement between the entrepreneur and the consumer that is concluded as part of an organized system for remote selling of goods, digital content, and/or services, where communication methods are exclusively or partly used until the agreement is concluded;
11. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I need not be provided if the consumer does not have a right of withdrawal for their order;
12. Communication technique for remote communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously in the same room.
Article 2 - Identity of the Entrepreneur
Business name: JBS Textile Group Netherlands B.V.
Operating under the name(s): Tumble 'N Dry
Visiting address:
Teleportboulevard 128-130
1043 EJ Amsterdam Netherlands
Phone number: 020-2420680
Availability: Monday to Friday from 10:00 AM to 12:00 PM CET
Email address: support@tumblendry.com
Chamber of Commerce number: 87643189
VAT number: NL864360411B01
Article 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement between the entrepreneur and the consumer.
2. Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is reasonably not possible, the entrepreneur will indicate before the distance agreement is concluded how the general terms and conditions can be viewed, and that they will be sent to the consumer as soon as possible upon request, free of charge.
3. If the distance agreement is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically in a way that allows the consumer to store it on a durable medium in a simple manner. If this is reasonably not possible, the entrepreneur will indicate before the distance agreement is concluded where the general terms and conditions can be electronically accessed and that they will be sent to the consumer electronically or otherwise free of charge upon request.
4. If, in addition to these general terms and conditions, specific product or service terms and conditions apply, the second and third paragraphs apply accordingly, and in the event of conflicting terms, the consumer may always invoke the applicable provision that is most favourable to them.
Article 4 - The Offer
1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
2. The offer includes a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, they are a truthful representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Every offer contains information that makes it clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5 - The Agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and fulfilment of the conditions set out therein.
2. If the consumer accepts the offer electronically, the entrepreneur will promptly confirm receipt of the consumer's acceptance electronically. Until the entrepreneur confirms the receipt of this acceptance, the consumer can terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur may, within legal limits, investigate whether the consumer can meet his payment obligations, as well as the facts and factors that are important for responsibly entering into the agreement. If the entrepreneur has good reasons based on this investigation to not conclude the agreement, he has the right to refuse an order or application, or impose special conditions on the execution.
5. The entrepreneur will, at the latest upon delivery of the product, service, or digital content to the consumer, send the following information in writing or in such a way that it can be easily stored by the consumer on a durable data carrier:
a. the address of the entrepreneur's establishment where the consumer can lodge complaints;
b. the conditions under which and how the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about guarantees and after-sales services;
d. the price, including all taxes, of the product, service, or digital content; the delivery costs, if applicable; and the method of payment, delivery, or execution of the remote agreement;
e. the requirements for cancellation of the agreement if the agreement has a duration of more than one year or is for an indefinite period; f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a continuing transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Right of Withdrawal
Regarding products:
1. The consumer may terminate an agreement related to the purchase of a product within a cooling-off period of at least 14 days without providing any reason. The entrepreneur may ask the consumer for the reason for the withdrawal, but cannot oblige the consumer to provide the reason(s).
2. The cooling-off period mentioned in paragraph 1 starts the day after the consumer, or a third party designated by the consumer (who is not the carrier), receives the product, or:
a. if the consumer has ordered multiple products in the same order: the day the consumer or the designated third party receives the last product. The entrepreneur may, provided that they clearly inform the consumer beforehand, refuse an order of multiple products with different delivery times;
b. if the delivery of a product consists of multiple shipments or parts: the day the consumer or the designated third party receives the last shipment or part;
c. in the case of agreements for regular delivery of products over a period of time: the day the consumer or the designated third party receives the first product.
For services and digital content that is not delivered on a tangible medium:
3. The consumer may terminate a services agreement and an agreement for the delivery of digital content not delivered on a tangible medium for at least 14 days without providing any reason. The entrepreneur may ask the consumer for the reason for the withdrawal, but cannot oblige the consumer to provide the reason(s).
4. The cooling-off period mentioned in paragraph 3 starts the day following the conclusion of the agreement.
Extended cooling-off period for products, services, and digital content not delivered on a tangible medium if not informed about the right of withdrawal:
5. If the entrepreneur has not provided the consumer with the legally required information regarding the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
6. If the entrepreneur provides the consumer with the information referred to in the previous paragraph within twelve months after the start date of the original cooling-off period, the cooling-off period expires 14 days after the consumer has received this information.
Article 7 - Consumer's Obligations During the reflection Period
1. During the cooling-off period, the consumer must handle the product and packaging carefully. The consumer may only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product. The consumer is only allowed to handle and inspect the product as they would in a store.
2. The consumer is liable for any reduction in the value of the product resulting from handling the product beyond what is necessary according to paragraph 1.
3. The consumer is not 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 before or at the conclusion of the agreement.
Article 8 - Exercising of the Right of Withdrawal by the Consumer and Associated Costs
1. If the consumer exercises their right of withdrawal, they must notify the entrepreneur within the cooling-off period using the model withdrawal form or another unambiguous method.
2. The consumer must return the product as soon as possible, but within 14 days following the notification of withdrawal, or hand it over to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product. The consumer meets the return deadline if they return the product before the cooling-off period expires.
3. The consumer must return the product with all delivered accessories, if reasonably possible in its original condition and packaging, and according to the clear and reasonable instructions provided by the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal rests with the consumer.
5. The consumer bears the direct cost of returning the product. If the entrepreneur has not informed the consumer that these costs are to be borne by the consumer, or if the entrepreneur agrees to bear the costs, the consumer does not need to pay for the return shipment.
6. If the consumer withdraws after specifically requesting the commencement of service or the supply of gas, water, or electricity that is not ready for sale in a limited volume or quantity during the cooling-off period, the consumer must pay the entrepreneur an amount proportional to the part of the agreement that has been fulfilled at the time of withdrawal, compared to the full fulfilment of the agreement.
7. The consumer bears no cost for the execution of services or the supply of water, gas, or electricity, not ready for sale in a limited volume or quantity, or the supply of district heating if:
a. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, compensation for withdrawal, or the model withdrawal form; or
b. the consumer has not expressly requested the commencement of the service or supply of gas, water, electricity, or district heating during the cooling-off period.
8. The consumer bears no cost for the full or partial delivery of digital content not delivered on a tangible medium if:
a. they have not expressly agreed to the commencement of the fulfilment of the agreement before the end of the cooling-off period;
b. they have not acknowledged losing their right of withdrawal when giving consent; or
c. the entrepreneur failed to confirm the consumer's statement.
9. If the consumer exercises their right of withdrawal, all supplementary agreements are automatically terminated.
Article 9 - Entrepreneur’s Obligations in the event of Withdrawal
1. If the entrepreneur makes electronic withdrawal notifications possible, they must promptly send an acknowledgment of receipt upon receiving this notification.
2. The entrepreneur will refund all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay and no later than 14 days after the day the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait for the product to be received or until the consumer proves that the product has been returned, whichever occurs first.
3. The entrepreneur will use the same payment method for the refund as the one used by the consumer, unless the consumer agrees to another method. The refund is free of charge for the consumer.
4. If the consumer chose a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not required to refund the additional cost of the more expensive method.
Article 10 - Exclusion of Right of Withdrawal
The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly mentions this in the offer, at least in time before the agreement is concluded:
1. Products or services whose price is dependent on fluctuations in the financial market that are beyond the entrepreneur’s control and which may occur during the withdrawal period.
2. Agreements made during a public auction. A public auction is a sales method where products, digital content, and/or services are offered by the entrepreneur to the consumer who is physically present or has the opportunity to be present at the auction, led by an auctioneer, and where the successful bidder is obligated to purchase the products, digital content, or services.
3. Service agreements, after full execution of the service, but only if: a. execution began with the express prior consent of the consumer; and b. the consumer declared that they lose their right of withdrawal once the entrepreneur has fully performed the agreement.
Article 11 - The Price
1. During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, unless due to changes in VAT rates.
2. In deviation from the previous section, the entrepreneur may offer products or services with variable prices, where the prices are linked to fluctuations in the financial market and over which the entrepreneur has no influence. This linkage to fluctuations and the fact that any mentioned prices are indicative will be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
4. Price increases more than 3 months after the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:
a. they result from legal regulations or provisions; or
b. the consumer has the right to terminate the agreement starting from the day the price increase takes effect.
5. The prices mentioned in the offer for products or services include VAT.
Article 12 - Performance and Extra Guarantee
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
2. An extra guarantee provided by the entrepreneur, their supplier, manufacturer, or importer never limits the legal rights and claims the consumer may assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill their part of the agreement.
3. Extra guarantee means any commitment by the entrepreneur, their supplier, importer, or producer, in which they grant the consumer certain rights or claims that go beyond what they are legally obligated to provide if they fail to fulfil their part of the agreement.
Article 13 - Delivery and Performance
1. The entrepreneur will exercise the greatest care when receiving and executing orders for products and when evaluating requests for the provision of services.
2. The place of delivery is the address the consumer has communicated to the entrepreneur.
3. Subject to the provisions in Article 4 of these general terms, the entrepreneur will execute accepted orders with due speed, but no later than 30 days, unless another delivery time has been agreed. If delivery is delayed, or if an order cannot or can only be partially executed, the consumer will be notified within 30 days of placing the order. In that case, the consumer has the right to dissolve the agreement at no cost and is entitled to any compensation.
4. After dissolution according to the previous section, the entrepreneur will promptly refund the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated by the consumer and known to the entrepreneur, unless explicitly agreed otherwise.
Article 14 - Duration Transactions: Duration, Cancellation, and Extension
Cancellations:
1. The consumer can terminate an agreement entered into for an indefinite period, which relates to the regular delivery of products (including electricity) or services, at any time, respecting the agreed termination rules and a notice period of no more than one month.
2. The consumer can terminate an agreement entered into for a fixed term, which relates to the regular delivery of products (including electricity) or services, at any time before the end of the fixed term, respecting the agreed termination rules and a notice period of no more than one month.
3. The consumer can terminate the agreements mentioned in the previous sections: o at any time and is not limited to termination at a specific time or within a specific period; o at least terminate in the same way they were entered into; o always terminate with the same notice period as the entrepreneur has agreed for themselves.
Extension:
4. An agreement entered into for a fixed term, which relates to the regular delivery of products (including electricity) or services, may not be automatically extended or renewed for a fixed term.
5. In deviation from the previous section, an agreement entered into for a fixed term, which relates to the regular delivery of daily, news, and weekly newspapers, and magazines, may be automatically extended for a fixed period of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
6. An agreement entered into for a fixed term, which relates to the regular delivery of products or services, may only be extended automatically for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement relates to the regular delivery of daily, news, and weekly newspapers, and magazines, but less than once a month.
7. An agreement for a limited duration, for the regular introductory delivery of daily, news, and weekly newspapers, and magazines (trial or introductory subscription) will not be automatically continued and will end after the trial or introductory period.
Duration:
8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless fairness and reasonableness prevent termination before the end of the agreed duration.
Article 15 - Payment
1. Unless otherwise agreed in the agreement or additional terms, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or, if there is no reflection period, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of services, this period starts on the day the consumer receives the confirmation of the agreement.
2. In the sale of products to consumers, the consumer may never be required to prepay more than 50%. If a prepayment is agreed upon, the consumer may not claim any right regarding the execution of the respective order or service(s) before the agreed prepayment has been made.
3. The consumer is obliged to immediately notify the entrepreneur of any inaccuracies in the provided or mentioned payment details.
4. If the consumer does not fulfil their payment obligation(s) on time, they will owe statutory interest on the outstanding amount after being reminded by the entrepreneur, who grants the consumer a 14-day period to fulfil the payment obligation. If payment is not received within this period, the entrepreneur is entitled to charge extrajudicial collection costs, which amount to a maximum of: 15% on amounts up to €2,500; 10% on the next €2,500; and 5% on the next €5,000, with a minimum of €40. The entrepreneur may deviate from these amounts and percentages in favour of the consumer.
Article 16 - Complaints Procedure
1. The entrepreneur has an adequately publicized complaints procedure and handles complaints in accordance with this procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur in writing, fully and clearly describing the defects, within a reasonable time after the consumer has discovered them.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will reply within 14 days with an acknowledgment and an indication of when the consumer can expect a more detailed response.
4. A complaint about a product, service, or the entrepreneur's service can also be submitted through a complaint form on the consumer page of the Thuiswinkel.org website (www.thuiswinkel.org). The complaint will then be sent to both the entrepreneur and Thuiswinkel.org.
5. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises, which is subject to the dispute resolution procedure.
Article 17 - Disputes
1. Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms apply. If the entrepreneur targets the country where the consumer resides, the consumer may also invoke the mandatory consumer law of their country.
2. Disputes between the consumer and the entrepreneur regarding the conclusion or execution of agreements related to products and services supplied by the entrepreneur can be submitted to the Thuiswinkel Disputes Committee, P.O. Box 90600, 2509 LP The Hague (www.sgc.nl), subject to the conditions outlined below.
3. A dispute will only be considered by the Disputes Committee if the consumer has first submitted their complaint to the entrepreneur within a reasonable time.
4. If the complaint does not lead to a solution, the dispute must be submitted in writing to the Disputes Committee within 12 months from the date the consumer submitted the complaint to the entrepreneur.
5. If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. Preferably, the consumer should notify the entrepreneur first.
6. If the entrepreneur wishes to submit a dispute to the Disputes Committee, the consumer must respond within five weeks, stating whether they wish to proceed with the Disputes Committee or have the dispute handled by the competent court. If the entrepreneur does not hear from the consumer within five weeks, the entrepreneur is entitled to submit the dispute to the competent court.
7. The Disputes Committee will make a ruling in accordance with its regulations (www.degeschillencommissie.nl). The Disputes Committee's decisions are binding.
8. The Disputes Committee will not handle a dispute or will stop the process if the entrepreneur is granted a suspension of payments, has gone bankrupt, or has effectively ceased their business activities before the dispute has been addressed in a session and a final ruling has been made.
9. If, in addition to the Thuiswinkel Disputes Committee, another recognized or affiliated disputes committee is competent, the Thuiswinkel Disputes Committee is preferred for disputes mainly concerning the method of remote selling or services. For all other disputes, the other recognized dispute committee affiliated with SGC or Kifid is competent.
Article 18 - Industry Guarantee
1. Thuiswinkel.org guarantees the fulfilment of the binding decisions by the Thuiswinkel Disputes Committee by its members, unless the member decides to submit the binding decision for judicial review within two months after its issuance. If the binding decision is upheld by the court, Thuiswinkel.org will pay up to €10,000 per binding decision. For amounts over €10,000, €10,000 will be paid, and Thuiswinkel.org will make efforts to ensure the member complies.
2. To apply for this guarantee, the consumer must submit a written claim to Thuiswinkel.org and transfer their claim to the entrepreneur to Thuiswinkel.org. If the claim exceeds €10,000, the consumer may be offered to transfer the amount above €10,000 to Thuiswinkel.org, which will then pursue payment on the consumer's behalf.
Article 19 - Additional or Deviating Provisions
Additional or deviating provisions must not be to the disadvantage of the consumer and must be recorded in writing or in a manner that allows the consumer to save them on a durable data carrier.
Article 20 - Change of the Thuiswinkel General Terms and Conditions
1. Changes to these terms are only effective after they have been published appropriately, with the provision that, for applicable changes during the offer period, the most favourable provision for the consumer will prevail.
Thuiswinkel.org www.thuiswinkel.org
Horaplantsoen 20, 6717 LT Ede, Netherlands
P.O. Box 7001, 6710 CB Ede, Netherlands
