General terms and conditions

Article 1 - Definitions

The following definitions apply in these terms and conditions:

1. Ancillary contract: a contract under which the consumer acquires products, digital content and/or services in connection with a distance contract, and these goods, digital content and/or services are supplied by the business or by a third party under an agreement between that third party and the business;
2. Withdrawal period: the period during which the consumer may exercise their right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Subscription contract: a contract that provides for the regular supply of goods, services and/or digital content during a specified period;
7. Durable medium: any tool - including e-mail - that enables the consumer or business to store information addressed personally to them in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and that permits the unchanged reproduction of the stored information;
8. Right of withdrawal: the consumer’s option to withdraw from the distance contract during the withdrawal period;
9. Business: the natural person or legal entity that is a member of Stichting Webshop Keurmerk and offers products, (access to) digital content and/or services remotely to consumers;
10. Distance contract: a contract concluded between the business and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby, up to and including the conclusion of the contract, exclusive or additional use is made of one or more means of distance communication;
11. Model withdrawal form: the European model withdrawal form included in Appendix I to these terms and conditions;
12. Means of communication at a distance: a means that can be used to conclude a contract without the consumer and trader having to be in the same place at the same time;

Article 2 – Identity of the trader

• Trader's name: TVMountXL.com
• Business address: Baander 24, 7811 HJ, Emmen
• Telephone: 088-112 05 00

Opening hours:

• Monday: 9:00 - 17:00
• Tuesday: 9:00 - 17:00
• Wednesday: 9:00 - 17:00
• Thursday: 9:00 - 17:00
• Friday: 9:00 - 17:00

• Email address: info@tvbeugels.nl
• Chamber of Commerce number: 01171869
• VAT identification number: NL002035564B96

Article 3 – Applicability

1. These general terms and conditions apply to every offer by the trader and to every distance contract concluded between the trader and the consumer.
2. 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, the trader will indicate how the general terms and conditions can be inspected at the trader's premises and that, at the consumer's request, they will be sent free of charge as soon as possible.
3. If the distance contract is concluded electronically, notwithstanding 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 save it on a durable medium. If this is not reasonably possible, before the distance contract is concluded, the trader will indicate where the general terms and conditions can be consulted electronically and that, at the consumer's request, they will be sent free of charge electronically or by other means.
4. If, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favourable to them.

Article 4 – The offer

1. If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the trader uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer are not binding on the trader.
3. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 – The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set for it.
2. If the consumer has accepted the offer electronically, the trader shall promptly confirm receipt of acceptance of the offer electronically. Until receipt of this acceptance has been confirmed by the trader, the consumer may terminate the agreement.
3. If the agreement is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures for this purpose.
4. Within the statutory framework, the trader may ascertain whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance agreement. If, based on this investigation, the trader has good grounds not to enter into the agreement, the trader is entitled to refuse an order or request with reasons, or to attach special conditions to its performance.
5. The trader shall provide the consumer, no later than upon delivery of the product, service or digital content, with the following information in writing or in such a way that the consumer can store it accessibly on a durable medium:
   1. the visiting address of the trader's establishment where the consumer can submit complaints;
   2. 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;
   3. the information about guarantees and existing after-sales service;
   4. the price of the product, service or digital content, including all taxes; where applicable, the delivery costs; and the method of payment, delivery or performance of the distance agreement;
   5. the requirements for terminating the agreement if the agreement has a term of more than one year or is of indefinite duration;
   6. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

For products:

1. The consumer may cancel an agreement concerning the purchase of a product during a withdrawal period of at least 14 days without stating any reasons. The trader may ask the consumer for the reason for withdrawal, but may not require the consumer to state the reason(s).
2. The withdrawal period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, received the product, or:
   1. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by the consumer, received the last product. Provided that the trader has clearly informed the consumer of this in advance of the ordering process, the trader may refuse an order for multiple products with different delivery times.
   2. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by the consumer, received the last shipment or the last part;
   3. for agreements for the regular supply of products over a specific period: the day on which the consumer, or a third party designated by the consumer, received the first product.

For services and digital content not supplied on a tangible medium:

1. The consumer may cancel an agreement for services and an agreement for the supply of digital content not supplied on a tangible medium for at least 14 days without stating any reasons. The trader may ask the consumer for the reason for withdrawal, but may not require the consumer to state the reason(s).
2. The withdrawal period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended withdrawal period for products, services and digital content not supplied on a tangible medium if the consumer has not been informed about the right of withdrawal:

1. If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the withdrawal period ends twelve months after the end of the original withdrawal period established in accordance with the previous paragraphs of this article.
2. If the trader provides the consumer with the information referred to in the previous paragraph within twelve months of the start date of the original withdrawal period, the withdrawal period ends 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the withdrawal period

1. During the withdrawal period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to establish its nature, characteristics and operation. The principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a shop.
2. The consumer is only liable for any reduction in the value of the product resulting from handling the product in a manner that goes beyond what is permitted under paragraph 1.
3. The consumer is not liable for any reduction in the value of the product if the trader did not provide them, before or at the time of concluding the agreement, with all legally required information about the right of withdrawal.

Article 8 – Exercise of the right of withdrawal by the consumer and the costs thereof

1. If the consumer exercises their right of withdrawal, they shall notify the trader of this within the withdrawal period by means of the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to the trader (or an authorised representative of the trader). This is not required if the trader has offered to collect the product themselves. The consumer has in any event complied with the return period if they return the product before the withdrawal period has expired.
3. The consumer shall return the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer bears the direct costs of returning the product. If the trader has not notified the consumer that they must bear these costs or if the trader indicates that they will bear the costs themselves, the consumer does not have to bear the return costs.
6. If the consumer withdraws after first expressly requesting that the performance of the service or the supply of gas, water or electricity that is not ready for sale begin during the withdrawal period in a limited volume or specified quantity, the consumer owes the trader an amount that is proportionate to the part of the obligation fulfilled by the trader at the time of withdrawal, compared with full fulfilment of the obligation.
7. The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity that has not been prepared for sale in a limited volume or quantity, or for the supply of district heating, if:
   1. the trader has not provided the consumer with the legally required information about the right of withdrawal, reimbursement of costs upon withdrawal, or the model withdrawal form; or
   2. the consumer has not expressly requested that the performance of the service or the supply of gas, water, electricity or district heating begin during the withdrawal period.
   3. the consumer shall not bear any costs for the complete or partial delivery of digital content not supplied on a tangible medium if:
   4. he did not expressly consent before delivery to the agreement being performed before the end of the withdrawal period;
   5. he has not acknowledged that he loses his right of withdrawal upon giving his consent; or
   6. the trader has failed to confirm this statement by the consumer.
   7. if the consumer exercises the right of withdrawal, all supplementary agreements shall be automatically terminated.

Article 9 - Obligations of the trader in the event of withdrawal

1. If the trader enables the consumer to notify the withdrawal electronically, the trader shall immediately send an acknowledgement of receipt after receiving this notification.
2. The trader shall reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without undue delay and no later than 14 days after the day on which the consumer notifies the trader of the withdrawal. Unless the trader offers to collect the product himself, he may wait to issue the refund until he has received the product or until the consumer demonstrates that he has returned the product, whichever occurs first.
3. The trader uses the same payment method for the refund that the consumer used, unless the consumer agrees to another method. The refund is free of charge for the consumer.
4. If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the trader does not have to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal

The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this with the offer, or at least in good time before concluding the agreement:

1. Products or services whose price is tied to fluctuations in the financial market over which the trader has no influence and which may occur during the withdrawal period
2. Agreements concluded at a public auction. A public auction means a method of sale whereby products, digital content and/or services are offered by the trader to the consumer who is personally present or has the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service agreements, after the service has been fully performed, but only if:
   1. performance has begun with the consumer’s express prior consent; and
   2. the consumer has declared that they waive their right of withdrawal as soon as the trader has fully performed the agreement;
4. Service agreements for the provision of accommodation, where the agreement provides for a specific date or period for their performance and other than for residential purposes, goods transport, car rental services and catering;
5. Agreements relating to leisure activities, where the agreement provides for a specific date or period for their performance;
6. Products manufactured according to the consumer’s specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
7. Products that deteriorate quickly or have a limited shelf life;
8. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
9. Products that, after delivery, become irrevocably mixed with other products by their nature;
10. Alcoholic beverages whose price was agreed upon when the agreement was concluded, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the trader has no influence;
11. Sealed audio or video recordings and computer software, where the seal has been broken after delivery;
12. Newspapers, periodicals or magazines, with the exception of subscriptions to them;
13. The supply of digital content other than on a tangible medium, but only if:
    1. performance has begun with the consumer’s express prior consent; and
    2. the consumer has declared that they thereby waive their right of withdrawal.

Article 11 – The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
2. By way of derogation from the previous paragraph, the business may offer products or services at variable prices if their prices are linked to fluctuations on the financial market over which the business has no influence. This link to fluctuations and the fact that any prices stated are indicative prices are mentioned in the offer.
3. Price increases within 3 months after the agreement was concluded are only permitted if they result from statutory regulations or provisions.
4. Price increases from 3 months after the agreement was concluded are only permitted if the business has stipulated this and:
   1. it results from statutory regulations or provisions; or
   2. the consumer has the right to terminate the agreement as of the day on which the price increase takes effect.
5. The prices stated in the offer for products or services include VAT.

Article 12 – Fulfilment of the agreement and additional guarantee

1. The business guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations applicable on the date the agreement was concluded. If agreed, the business also guarantees that the product is suitable for use other than normal use.
2. An additional guarantee provided by the business, its supplier, manufacturer or importer never limits the statutory rights and claims that the consumer may assert against the business under the agreement if the business has failed to fulfil its part of the agreement.
3. Additional guarantee means any commitment by the business, its supplier, importer or producer under which it grants the consumer certain rights or claims that go beyond what it is legally required to do if it has failed to fulfil its part of the agreement.

Article 13 – Delivery and performance

1. The business will exercise the utmost care when receiving and fulfilling orders for products and when assessing applications for the provision of services.
2. The delivery address is the address that the consumer has provided to the business.
3. Subject to the provisions of Article 4 of these general terms and conditions, the entrepreneur shall process accepted orders with due haste, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without charge and to claim any resulting damages.
4. Following dissolution in accordance with the previous paragraph, the entrepreneur shall promptly refund the amount paid by the consumer.
5. The risk of damage to and/or loss of products rests with the entrepreneur until the products are delivered to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 14 – Ongoing transactions: term, termination and extension

Termination:

1. The consumer may terminate an agreement concluded for an indefinite term that involves the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement concluded for a fixed term that involves the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
3. The consumer may terminate the agreements referred to in the previous paragraphs:
   • terminate at any time and not be limited to termination at a specific time or during a specific period;
   • terminate at least in the same manner as the agreement was entered into by him;
   • always terminate with the same notice period as the entrepreneur has stipulated for itself.

Extension:

1. An agreement concluded for a fixed term that involves the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
2. By way of derogation from the previous paragraph, an agreement concluded for a fixed term that involves the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed term of no more than three months, provided that the consumer can terminate the extended agreement at the end of the extension with a notice period of no more than one month.
3. An agreement entered into for a fixed period and providing for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with 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, but less than once a month, of daily, news and weekly newspapers and magazines.
4. An agreement for a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be tacitly renewed and will end automatically after the trial or introductory period.

Duration:

1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year, subject to a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed term.

Article 15 – Payment

1. Unless otherwise stipulated in the agreement or supplementary terms and conditions, amounts owed by the consumer must be paid within 14 days after the cooling-off period begins, or, if there is no cooling-off period, within 14 days after the agreement is concluded. In the case of an agreement for the provision of a service, this period begins on the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the consumer may never be required in general terms and conditions to pay more than 50% in advance. If advance payment has been agreed, the consumer may not assert any rights concerning the performance of the relevant order or service(s) until the agreed advance payment has been made.
3. The consumer is obliged to report any inaccuracies in the payment details provided or stated to the trader without delay.
4. If the consumer fails to fulfil their payment obligation(s) on time, they shall, after being notified by the trader of the late payment and after the trader has granted the consumer a period of 14 days to fulfil their payment obligations, and if payment has not been made within this 14-day period, owe statutory interest on the outstanding amount and the trader shall be entitled to charge the extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% of outstanding amounts up to €2,500; 10% of the following €2,500 and 5% of the next €5,000, with a minimum of €40. The trader may deviate from these amounts and percentages in favour of the consumer.

Klarna terms and conditions

If Klarna is offered at checkout, Klarna's payment arrangement and terms and conditions shown there apply. Availability and assessment are determined by Klarna. Check your Klarna account or payment instructions for the current payment period.

Article 16 – Complaints procedure

1. The trader has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the trader fully and clearly described within a reasonable period after the consumer has discovered the defects.
3. Complaints submitted to the trader will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

Article 17 – Returns and uncollected packages

When the consumer withdraws from the purchase, they choose a suitable carrier themselves and arrange and pay for the return shipment. This applies insofar as the consumer was informed of the direct return costs before purchase, in accordance with Article 8.

In the event of a justified complaint about a product that does not conform to the agreement, the statutory remedy is free of charge, including necessary return transport. Please contact us in advance to agree on the solution and return method.

Refusing a package or failing to collect it does not always constitute an unequivocal notice of withdrawal. The consumer must therefore also notify the trader of the withdrawal. In the event of a valid withdrawal, Article 9 applies. Any direct return costs may only be deducted insofar as legally permitted and will be explained. There is no automatic deduction of a fixed amount of €7.50 from every return.

The practical steps and return address can be found on the page returns, warranty and complaints.