Terms & Conditions

ARTICLE 1 - DEFINITIONS

In these terms and conditions, the following definitions apply:

  • Cooling-off period: The period within which the consumer may 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, where the obligation to supply and/or purchase is spread over time;
  • Durable medium: Any means that enables the consumer or entrepreneur to store information directed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
  • Right of withdrawal: The option for the consumer to withdraw from the distance contract within the cooling-off period;
  • Entrepreneur: The natural or legal person who offers products and/or services to consumers remotely;
  • Distance contract: A contract where, within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, up to and including the moment of concluding the contract, only one or more means of remote communication are used;
  • Means of remote communication: A method that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same space.

 

ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR

If the entrepreneur's activity is subject to a relevant licensing system: details of the supervisory authority:

If the entrepreneur practices a regulated profession:

  • the professional association or organization with which they are registered;
  • the professional title and the location in the EU or European Economic Area where it was awarded;
  • a reference to the professional rules applicable in the Netherlands and indications on where and how these professional rules are accessible.

 

ARTICLE 3 - APPLICABILITY

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract 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, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur's premises and will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.

In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy, and in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to them.

 

ARTICLE 4 - THE OFFER

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these will be a truthful representation of the offered products and/or services. Obvious errors or mistakes in the offer are not binding on the entrepreneur.

Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This particularly concerns:

  • the price, including taxes;
  • any delivery costs;
  • the method by which the contract will be concluded and which actions are necessary for this;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery, and execution of the contract;
  • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
  • the rate for remote communication if the costs of using the remote communication technique are calculated on a basis other than the basic rate for the used means of communication;
  • whether the contract will be archived after its conclusion, and if so, in what manner it can be accessed by the consumer;
  • the manner in which the consumer, before concluding the contract, can check and, if necessary, correct the information provided by them under the contract;
  • any other languages in which the contract can be concluded besides Dutch;
  • the codes of conduct to which the entrepreneur has subjected themselves and the way in which the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the distance contract in case of a long-term transaction.

 

ARTICLE 5 - THE CONTRACT

The contract is concluded, subject to the provisions of 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 acceptance of the offer electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.

If the contract 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.

The entrepreneur may, within legal frameworks, inform himself about whether the consumer can meet their payment obligations, as well as about all facts and factors that are important for responsibly entering into the distance contract. If the entrepreneur has good reasons not to enter into the contract based on this investigation, they are entitled to refuse an order or application or to attach special conditions to its execution.

The entrepreneur will include the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium, with the product or service:

 

a. the business address of the entrepreneur where the consumer can submit complaints; b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. information on warranties and existing after-sales service; d. the data included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the contract; e. the requirements for terminating the contract if the contract 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.

 

ARTICLE 6 - RIGHT OF WITHDRAWAL

When purchasing products, the consumer has the option to dissolve the contract without stating reasons for a period of 14 days. This cooling-off period starts on the day following receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.

During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

 

ARTICLE 7 - COSTS IN THE EVENT OF WITHDRAWAL

If the consumer exercises their right of withdrawal, they will be responsible for the costs of returning the product.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.

 

ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL

The entrepreneur can exclude the consumer's right of withdrawal only if specified in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur clearly stated this in the offer, or at least in a timely manner before concluding the contract.

Exclusion of the right of withdrawal is only possible for products: a. that are made by the entrepreneur according to the consumer's specifications; b. that are clearly of a personal nature; c. that cannot be returned due to their nature; d. that spoil or age quickly; e. whose price is dependent on fluctuations in the financial market over which the entrepreneur has no control; f. for individual newspapers and magazines; g. for audio and video recordings and computer software where the consumer has broken the seal.

 

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

a. regarding accommodation, transportation, restaurant services, or leisure activities to be performed on a specific date or during a specific period;

b. whose delivery has begun with the consumer's explicit consent before the cooling-off period has expired;

c. concerning bets and lotteries.

 

ARTICLE 9 - THE PRICE

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

In deviation from 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 control, with variable prices. This dependence on fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.

Price increases within 3 months of concluding the contract are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after concluding the contract are only permitted if the entrepreneur has stipulated this and:

a. they are the result of statutory regulations or provisions; or

b. the consumer has the authority to terminate the contract as of the day on which the price increase takes effect.

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

 

ARTICLE 10 - CONFORMITY AND WARRANTY

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and usability, and the legal provisions and/or government regulations existing on the date of conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

 

A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the rights and claims the consumer can assert against the entrepreneur under the contract.

 

ARTICLE 11 - DELIVERY AND IMPLEMENTATION

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

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

Taking into account what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed, but no later than 30 days unless a longer delivery period has been agreed. 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 they placed the order. In such cases, the consumer has the right to dissolve the contract without cost and is entitled to any compensation.

In case of dissolution under the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 30 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. The delivery of a replacement item will be notified clearly and comprehensibly, at the latest upon delivery. The right of withdrawal cannot be excluded for replacement items. The cost of any return shipment will be borne by the entrepreneur.

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

 

ARTICLE 12 - DURATION TRANSACTIONS: DURATION, TERMINATION, AND EXTENSION

Termination The consumer may terminate an open-ended contract at any time, subject to agreed termination rules and a maximum notice period of one month.

A consumer may terminate a fixed-term contract that has been concluded for regular delivery of products (including electricity) or services at any time at the end of the fixed period, subject to agreed termination rules and a maximum notice period of one month.

The consumer may terminate contracts as mentioned in the preceding paragraphs:

  • at any time and without restriction to terminate at a specific time or during a specific period;
  • at least in the same manner as they were entered into by the consumer;
  • always with the same notice period as the entrepreneur has stipulated for themselves.

Extension A fixed-term contract that has been concluded for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

In deviation from the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer can terminate this extended contract towards the end of the extension with a notice period of no more than one month.

A fixed-term contract that has been concluded for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate the contract at any time with a notice period of up to one month and a maximum of three months in the case of a contract for the regular delivery of daily, weekly, and monthly newspapers and magazines that occurs less than once a month.

A contract with a limited duration for the regular delivery of daily, weekly, and monthly newspapers and magazines (trial or introductory subscriptions) will not be tacitly continued and will automatically end after the trial or introductory period.

Duration If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of up to one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

 

ARTICLE 13 - PAYMENT

To the extent that no later agreement has been made, the amounts owed by the consumer must be paid within 14 days of the start of the cooling-off period, as referred to in Article 6, paragraph 1. In the case of a contract for the provision of a service, this period commences after the consumer has received the confirmation of the contract.

When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. Where advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) before the stipulated advance payment has been made.

The consumer has the duty to report inaccuracies in payment data provided or stated to the entrepreneur without delay.

In case of default by the consumer, the entrepreneur, subject to legal restrictions, is entitled to charge reasonable costs made known to the consumer in advance.

 

ARTICLE 14 - COMPLAINTS PROCEDURE

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint according to this complaints procedure.

Complaints about the performance of the contract must be fully and clearly described and submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects.

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 the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

The consumer must, in any case, allow the entrepreneur 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute settlement rules.

 

ARTICLE 15 - DISPUTES

Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.

 

ARTICLE 16 - ADDITIONAL OR DEVIATING PROVISIONS

Additional or deviating provisions from these general terms and conditions may not be to the consumer's disadvantage and should be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.

 

ARTICLE 17 - INTELLECTUAL PROPERTY

The website and all its components, with the exception of certain hyperlinks to third parties, are the property of Platinum. All intellectual property rights related to the website and all its components (such as the products offered) are owned by Platinum, unless these rights are held by third parties.

Without prior written permission from Platinum, it is not permitted to publish, reproduce, store, or offer for sale the website, parts of the website, information obtained from the website, products displayed on the website, or any other material displayed on the website in any form.