These general terms and conditions also apply to products sold by Rotterdam Partners. You only purchase services from the Rotterdam Expat Centre.
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 – Obligations of the consumer during the reflection period
Article 8 – Exercising the right of withdrawal by the consumer and the costs involved
Article 9 – Obligations of the entrepreneur in the event of withdrawal
Article 10 – Exclusion right of withdrawal
Article 11 – The price
Article 12 – Compliance and additional guarantee
Article 13 – Delivery and performance
Article 14 – Extended transactions: duration, termination and extension
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Additional or deviating provisions
Article 1 – Definitions
These terms and conditions shall contain the following definitions:
- Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services with regard to a distance agreement and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement concluded by that third party and the entrepreneur;
- Reflection period: the period during which the consumer can exercise his right of withdrawal;
- Consumer: The natural person not acting for purposes related to his trade, commercial, crafts or professional activity;
- Day: calendar day;
- Digital content: data produced and delivered in digital form;
- Extended agreement: an agreement for the regular delivery/provision of goods, services and/or digital content during a certain period;
- Sustainable data carrier: each resource – including e-mail – that enables the consumer or the entrepreneur to save information sent to him personally in a manner that is suitable for future reference or use during a period that suits the intended purpose of the information, and that enables the unaltered reproduction of the information saved;
- Right of withdrawal: the option of the consumer to refrain from entering into a distance agreement within the reflection period;
- Entrepreneur: the natural person or legal entity offering products, (access to) digital content and/or services to consumers at a distance;
- Distance agreement: an agreement concluded by the entrepreneur and the consumer as part of an organised system for distance selling of products, digital content and/or services, whereby one or more technologies for distance communication are exclusively or partly used up to and including the concluding of the agreement;
- Model withdrawal form: the European model withdrawal form as enclosed in Annex I. Annex 1 does not need to be made available if the consumer does not have a right of withdrawal in respect of his order.
- technology for distance communication: a means to be used for concluding an agreement, without the consumer and the entrepreneur having to be meet in the same space simultaneously.
Article 2 – Identity of the entrepreneur
Name entrepreneur:
Stichting Rotterdam Partners
Trading under the name:
Rotterdam Expat Centre
Business address:
Korte Hoogstraat 31
3011 GK Rotterdam
Phone number:
Business hours:
Mondays to Fridays from 9 am to 5 pm.
E-mail address: info@rotterdamexpatcentre.nl
Chamber of Commerce number: 24313403
VAT number: NL8092.85.691B01
Article 3 – Applicability
- By making an appointment you agree to our terms and conditions.
- These general terms and conditions apply to each offer made by the entrepreneur and each distance agreement concluded by the entrepreneur and the consumer.
- The text of these general terms and conditions is made available to the consumer before the distance agreement is concluded. If this is not reasonably possible, the entrepreneur shall specify how the general terms and conditions as they apply to the entrepreneur can be viewed prior to concluding the distance agreement and shall send a copy thereof to the consumer as soon as possible upon the consumer’s request.
- If the distance agreement is concluded electronically, then, in deviation of the preceding paragraph, the text of these general terms and conditions can be sent to the consumer electronically in a manner that allows the consumer to save it to a sustainable data carrier in a simple manner. If this is not reasonably possible, it shall be specified, prior to concluding the distance agreement, where the general terms and conditions can be viewed electronically and that they shall be sent to the consumer electronically or in any other way upon the consumer’s request, free of charge.
- If specific product or services terms and conditions apply in addition to these general terms and conditions, then the second and third paragraph are applicable in full and, in the event of conflicting terms and conditions, the consumer can always invoke the provision that is most favourable for him.
Article 4 – The offer
- If the offer has a limited validity period or is extended subject to certain conditions, then this shall be explicitly stated in the offer.
- The offer contains a full and specified description of the products, digital content and/or services offered. The description is sufficiently detailed, allowing the consumer to correctly assess the offer made. If the entrepreneur uses images, these shall provide a truthful reflection of the products, services and/or digital content offered. Apparent errors or apparent mistakes are not binding to the entrepreneur.
- Each offer shall contain information to such an extent, that the consumer is aware of the rights and obligations involved with the acceptance of the offer.
Article 5 – The agreement
- Notwithstanding that stated under paragraph 4, the agreement shall be concluded the moment the consumer accepts the offer and complies with the terms and conditions stated in this respect.
- If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm the receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur shall take suitable technical and organisational measures to secure the electronic transfer of data and shall ensure a safe web environment. If the consumer can pay electronically, the entrepreneur shall take suitable security measures in this respect.
- The entrepreneur can, insofar as is legally permissible, obtain information in order to ascertain whether the consumer is able to meet his payment obligations, and any facts and factors relevant for the responsible entering into of the distance agreement. If the entrepreneur has sound reasons not to enter into the agreement on the basis of this investigation, the entrepreneur is entitled to substantively refuse an order or request or to attach special conditions to the implementation thereof.
- The entrepreneur shall send the following information, in writing or in any manner that allows the consumer to save this information in an accessible manner on a sustainable data carrier, no later than upon delivery of the product:
- the visitors address of the branch of the entrepreneur where the consumer can file any complaints;
- the terms and conditions subject to which and the manner in which the consumer can exercise his right of withdrawal, or a clear notification with regard to the exclusion of the right of withdrawal;
- information regarding guarantees and any relevant service following the purchase;
- the price including all the taxes levied on the product, service or digital content; insofar as is applicable to the costs of delivery; and the payment, delivery or performance method of the distance agreement;
- the termination conditions of the agreement if the agreement has a duration of more than one year or has an indefinite duration;
- if the consumer has a right of withdrawal, the model withdrawal form.
- In the event of an extended transaction, the provision stated in the preceding paragraph only applies to the first delivery.
Article 6 – Right of withdrawal
For services:
- The consumer can dissolve or change an agreement with regard to the purchase of a service during a reflection period of at least 14 days without specifying a reason for the cancellation or change of appointment, up to 48 hours before the appointment at the latest.
The entrepreneur can ask the consumer for the reason of the withdrawal, but will not oblige him to specify his reasons.
For products:
- The consumer can dissolve an agreement with regard to the purchase of a product during a reflection period of at least 14 days, without specifying a reason for the cancellation. The entrepreneur can ask the consumer for the reason of the withdrawal, but will not oblige him to specify his reasons.
- The reflection period referred to in paragraph 1 shall commence on the day following the date on which the consumer or a third party designated by the consumer, who is not the transporter, has received the product, or:
- if the consumer ordered multiple products in one order: the date on which the consumer or a third party designated by the consumer has received the last product. The entrepreneur can refuse an order of multiple products with varying delivery periods, provided he has clearly informed the consumer of this prior to the ordering process.
- if the delivery of a product consists of various consignments or parts: the day on which the consumer, or a third party designated by the consumer, has received the last consignment or the last part;
Extended reflection period for products, services and digital content not delivered on a material carrier upon failing to provide information on the right of withdrawal:
- If the entrepreneur failed to provide the consumer the information required by law on the right of withdrawal or the model withdrawal form, the reflection period shall end twelve months after the end of the original reflection period established in accordance with the preceding paragraphs of this article.
- If the entrepreneur provided the consumer the information referred to in the preceding paragraph within twelve months after the commencement date of the original reflection period, the reflection period shall lapse 14 days following the date on which the consumer received that information.
Article 7 – Obligations of the consumer during the reflection period
- During the reflection period, the consumer shall handle the product and the packaging with care. He shall only unpack or use the product to the extent necessary in order to ascertain the nature, the characteristics and the operation of the product. The principle applied in this respect is that the consumer can only handle and inspect the product as he would do in a shop.
- The consumer is only liable for devaluation of the product resulting from the manner in which the product is handled, if this exceeds that permitted in paragraph 1.
- The consumer is not liable for devaluation of the product if the entrepreneur fails to provide him all the information on the right of withdrawal as required by law before or upon concluding the agreement.
Article 8 – Exercising the right of withdrawal by the consumer and the costs involved
- If the consumer exercises his right of withdrawal, he shall notify the entrepreneur thereof within the reflection period by using the model withdrawal form or in any other unambiguous manner.
- The consumer shall return the product or hand this over to (an authorised representative of) the entrepreneur as soon as possible, but no later than within 14 days from the date following the date on which the notification referred to in paragraph 1 was made. This is not necessary if the entrepreneur has offered to collect the product personally. The consumer is in any case deemed to have observed the return period if he returns the product before the reflection period has passed.
- The consumer shall return the product, along with all the delivered accessories, if reasonably possible in original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and the burden of proof for the correct and timely exercising of the right of withdrawal are held by the consumer.
- The consumer shall bear the direct costs for the returning of the product. If the entrepreneur has not specified that the consumer must pay these costs or if the entrepreneur has specified that it shall pay the costs, then the consumer is not required to pay the costs for the returning of the goods.
- If the consumer withdraws the order after first having explicitly requested that the implementation of the service or the supply of gas, water or electricity which have not been prepared for sale, commences in a limited volume or certain quantity during the reflection period, the consumer owes the entrepreneur an amount that is proportionate to the part of the agreement that the entrepreneur has complied with at the time of the withdrawal, in comparison to the full compliance of the agreement.
- The consumer bears no costs for the performance of the service or the supply of gas, water or electricity which have not been prepared for sale, commences in a limited or certain volume, or for the supply of district heating, if:
- The entrepreneur failed to provide the consumer the information on the right of withdrawal, the payment of costs upon withdrawal or the model withdrawal form which he must provide by law, or;
- the consumer has not explicitly requested the scope of the performance of the service or the supply of gas, water, electricity or district heating during the reflection period.
- The consumer bears no costs for the full or partial delivery of content not delivered on a material carrier, if:
- he did not explicitly agree, prior to delivery thereof, to the commencement of the compliance with the agreement prior to the end of the reflection period.
- he has not acknowledged that he loses his right of withdrawal upon giving his permission; or
- the entrepreneur has failed to confirm this statement of the consumer.
- If the consumer exercises his right of withdrawal, all additional agreements are dissolved by operation of the law.
Article 9 – Obligations of the entrepreneur in the event of withdrawal
- If the entrepreneur provides the consumer the possibility to withdraw the agreement in an electronic manner, then the entrepreneur shall immediately send a confirmation of receipt upon receiving this notification.
- The entrepreneur reimburses all the payments of the consumer, including any delivery costs invoiced by the entrepreneur for the returned product immediately, though no later than within 14 days after the date on which the consumer reported the withdrawal. Unless the entrepreneur offers to collect the product personally, he can wait with the repayment until he has received the product or until the consumer can substantiate that he has returned the product, whichever takes place first.
- The entrepreneur uses the same payment method as that used by the consumer, unless the consumer agrees to another method. The consumer incurs no costs for the repayment.
- If the consumer has opted for a more expensive delivery method than the cheapest standard delivery, the entrepreneur does not have to repay the additional costs for the more expensive method.
Article 10 – Exclusion right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly specified this in the offer or at least in time prior to concluding the agreement.
- Products or services whereby the price is linked to financial market fluctuations over which the entrepreneur has no control and that may arise during the withdrawal period;
- Agreements concluded during a public auction. A public auction is defined as a sales method whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction which is led by an auction master and whereby the successful bidder must purchase the products, digital content and/or services;
- Service agreements, after the full performance of the service, but only if:
- the performance has commenced with the explicit prior consent of the consumer; and
- the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully performed the agreement;
- Package travel within the meaning of Section 7:500 Dutch Civil Code and personal travel agreements;
- Service agreements for the making available of accommodation, if the agreement provides for a certain performance date or period for purposes other than residential, transport of goods, car rental services and catering;
- Agreements regarding leisure time activities, if a certain date or period of performance thereof is provided for in the agreement;
- Products that have been tailor-made on the basis of the specifications of the consumer, which have not been pre-fabricated and that are made on the basis of an individual choice or decision of the consumer, or that are clearly intended for a specific person;
- Products that perish quickly or have a limited shelf life.
- Sealed products that are unsuitable for return due to reasons of health protection or hygiene and of which the seal has been broken after delivery;
- Products which, due to their nature, have irrevocably been mixed in with other products;
- Alcoholic beverages of which the price has been agreed upon concluding the agreement, but the delivery of which can only take place after 30 days and the real value of which depends on the market fluctuations over which the entrepreneur has no control;
- Sealed audio and/or video recordings and computer programs of which the seal has been broken after delivery.
- Newspapers or magazines with the exception of a subscription thereof;
- The delivery of digital content other than on a material carrier, but only if:
- the performance has commenced with the explicit prior consent of the consumer; and
- the consumer has confirmed that this will cause him to lose his right to withdrawal.
Article 11 – The price
- During the validity period stated in the offer, the prices of the offered products and/or services are not increased, except if the change in price results from a change in the VAT rate.
- In deviation of that stated in the preceding paragraph, the entrepreneur can offer products or services whose prices are subject to financial market fluctuations, over which the entrepreneur has no control, at variable prices. This subjectivity to fluctuations and the fact that any prices stated are indicative shall be stated in the offer.
- Price increases within three months after having concluded the agreement, are only permitted if they are the result of statutory regulations or provisions.
- Price increases after three months following the concluding of the agreement, are only permitted if the entrepreneur has agreed this and:
- these are the result of statutory regulations or provisions; or
- the consumer has the authority to terminate the agreement on the date on which the price increase shall take effect.
- The prices listed in the offer of products or services are inclusive of VAT.
Article 12 – Compliance agreement and additional guarantee
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications listed in the offer, the reasonable conditions of soundness and/or usability and the statutory provisions and/or government regulations as they existed on the date the agreement was concluded. If agreed, the entrepreneur shall also guarantee that the product is also suitable for other than normal use.
- An additional guarantee provided by the entrepreneur, its supplier, manufacturer or importer shall never limit the statutory rights and claims the consumer can make in respect of the entrepreneur on the basis of the agreement if the entrepreneur fell short in the compliance of his part of the agreement.
- An additional guarantee refers to any commitment of the entrepreneur, its supplier, importer or manufacturer, in which it awards the consumer certain rights or claims that exceed that obliged by law should he fall short in the compliance of his share of the agreement.
Article 13 – Delivery and performance
- The entrepreneur shall observe the utmost care when receiving and performing product orders and during the assessment of the requests for the providing of services.
- The place of delivery shall be the address the consumer specifies as such to the entrepreneur.
- With due observance of that stated in article 4 of these general terms and conditions, the entrepreneur shall perform the accepted orders with suitable speed, though no later than within 30 days, unless another delivery period has been agreed. If the delivery suffers a delay, or if the order cannot or can only be partly performed, then the consumer shall be notified of this no later than 30 days after having placed the order. In that case, the consumer has the right to dissolve the agreement and is entitled to a possible payment for damages.
- After dissolution in accordance with the preceding paragraph, the entrepreneur shall immediately repay the amount paid by the consumer.
- Unless otherwise is explicitly agreed, the risk of damage and/or loss of products is held by the entrepreneur up until the delivery to the consumer or a representative appointed beforehand, as notified to the entrepreneur.
Article 14 – Extended transactions: duration, termination and extension
Termination:
- The consumer can always terminate an agreement entered into for an indefinite period of time for the regular delivery of products (including electricity) or services, with due observance of the agreed notice rules and a notice period of no more than one month.
- The consumer can always terminate an agreement entered into for a definite period of time for the regular delivery of products (including electricity) or services towards the end of a certain period, with due observance of the agreed notice rules and a notice period of no more than one month.
- As regards to the agreements referred to in the preceding paragraphs, the consumer can:
- give notice at any time, and not be limited to terminate at a certain time or in a certain period;
- at least give notice in the same manner as in which he entered into the agreement;
- always give notice with the same notice period as the entrepreneur has agreed for himself.
Extension:
- An agreement entered into for a definite period for the regular delivery of products (including electricity) or services, cannot automatically be extended or renewed for a certain period.
- In deviation of the preceding paragraph, an agreement entered into for a definite period of time for the regular delivery of daily, news and weekly magazines can automatically be extended for a definite period of no more than three months, if the consumer can terminate this extended agreement towards the end of the extension, subject to a notice period of no more than one month.
- An agreement entered into for a definite period of time for the regular delivery of products or services can only be automatically extended for an indefinite period of time if the consumer can terminate the agreement at any time with due observance of a notice period of no more than one month. The notice period is no more than three months if the agreement provides for the regular delivery of daily, news and weekly magazines, at intervals of less than once a month.
- An agreement for a definite period for the regular delivery of daily, news and weekly magazines by way of introduction (trial or introduction subscription) shall not automatically be extended and automatically ends after the trial or introduction period has ended.
Duration:
- If an agreement has a duration of more than one year, then the consumer can terminate the agreement at all times after one year, with due observance of a notice period of no more than one year, unless it is not reasonable and fair to terminate the agreement before the agreed end date.
Article 15 – Payment
- The consumer must immediately pay for the service digitally by credit card (Visa or Mastercard) or via iDeal. When paying by credit card, the amount will be charged immediately at the time of the transaction. Appointments made by companies and re-locators are invoiced afterwards in the month after the appointment.
- The consumer has the obligation to immediately notify the entrepreneur of any incorrect details in the provided or stated payment details.
Article 16 – Complaints procedure
- The entrepreneur is equipped with a complaints procedure which has been sufficiently brought to the attention of the consumer and shall deal with the complaint in accordance with this complaints procedure.
- A clear description of the complaints on the performance of the agreement must be submitted to the entrepreneur in full within a reasonable period after the consumer’s establishment of the shortcoming.
- Any complaints submitted to the entrepreneur shall be answered within 14 days of the complaint being received. If a complaint requires more time in order to be processed, then the entrepreneur shall send the consumer a notification within 14 days in which he confirms receipt of the complaint and provides an indication of when the consumer may expect to receive a more substantive answer.
- The consumer must give the entrepreneur at least 4 weeks’ time to amicably resolve the complaint. After this period, a dispute is eligible for the dispute procedure.
Article 17 – Disputes
Agreements concluded by the entrepreneur and the consumer subject to these general terms and conditions, are exclusively governed by Dutch law.
Article 18 – Additional or deviating provisions
Additional provisions or provisions that deviate from these general terms and conditions must not be to the detriment of the consumer and must be documented in writing or in such a manner that they can be saved by the consumer in an easily accessible manner on a sustainable data carrier.
