Terms and Conditions

Terms and Conditions

Table of Contents

Article 1 – Definitions
Article 2 – Identity of Primeloom
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Obligations of the Consumer During the Cooling-off Period
Article 8 – Exercise of the Right of Withdrawal by the Consumer and Associated Costs
Article 9 – Obligations of Primeloom in Case of Withdrawal
Article 10 – Exclusion of the Right of Withdrawal
Article 11 – Price
Article 12 – Performance and Additional Guarantee
Article 13 – Delivery and Execution
Article 14 – Continuing Transactions: term, termination and renewal
Article 15 – Payment
Article 16 – Complaints Procedure
Article 17 – Disputes
Article 18 – Additional or Deviating Provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  1. Additional agreement: an agreement 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 Primeloom or by a third party on the basis of an arrangement between that third party and Primeloom.

  2. Cooling-off period: the period within which the consumer may exercise the right of withdrawal.

  3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession.

  4. Day: calendar day.

  5. Digital content: data produced and supplied in digital form.

  6. Continuing agreement: an agreement that provides for the regular supply of goods, services and/or digital content during a certain period.

  7. Durable data carrier: any tool — including email — that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation or use for a period of time adequate for the purpose of the information, and which allows the unchanged reproduction of the stored information.

  8. Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period.

  9. Distance contract: a contract concluded between Primeloom and the consumer within the framework of an organized system for the distance sale 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.

  10. Model withdrawal form: the European model withdrawal form as included in Annex I to these terms and conditions.

  11. Primeloom: the legal entity as further defined in Article 2 that offers products, (access to) digital content and/or services at a distance to consumers as set out in these Terms and Conditions.

  12. Means of distance communication: a means that can be used to conclude a contract without the consumer and the trader being simultaneously present in the same place.

Article 2 – Identity of Primeloom

Trader’s name: Primeloom
Email address: [info@Primeloom.nl]
Article 3 – Applicability

  1. These Terms and Conditions apply to every offer by Primeloom and to every distance contract concluded between the trader and the consumer.

  2. Before the distance contract is concluded, the text of these Terms and Conditions shall be made available to the consumer. If this is reasonably not possible, Primeloom will, before the distance contract is concluded, indicate how the Terms and Conditions can be inspected at Primeloom’s premises and that they will be sent free of charge as soon as possible at the consumer’s request.

  3. If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the contract is concluded, the text of these Terms and Conditions may be supplied to the consumer by electronic means in such a way that the consumer can store them on a durable data carrier in a simple manner. If this is reasonably not possible, it will be indicated, before concluding the distance contract, where the Terms and Conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.

  4. In the event that, in addition to these Terms and Conditions, specific product or service conditions also apply, paragraphs 2 and 3 apply mutatis mutandis and, in case of conflicting terms, the consumer may always rely on the applicable provision that is most favorable to them.

Article 4 – The Offer

  1. If an offer is subject to a limited period of validity or is made subject to conditions, this shall be explicitly 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 make a proper assessment of the offer. If Primeloom uses images, these are a truthful representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind Primeloom.

  3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of 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 meets the conditions set therein.

  2. If the consumer has accepted the offer electronically, Primeloom shall promptly confirm receipt of the acceptance of the offer by electronic means. As long as receipt of this acceptance has not been confirmed by Primeloom, the consumer may dissolve the agreement. After receipt of this confirmation, it is no longer possible for the consumer to dissolve or cancel the agreement; the consumer may, however, make use of the right of withdrawal (Article 6).

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

  4. Within legal limits, Primeloom may obtain information on whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If, on the basis of this investigation, Primeloom has good grounds not to enter into the agreement, it is entitled to refuse an order or request, stating reasons, or to attach special conditions to its execution.

  5. No later than upon delivery of the product, service or digital content, Primeloom will provide the consumer, in writing or in such a way that it can be stored on a durable data carrier in an accessible manner, with the following information:

    1. the visiting address of Primeloom’s establishment where the consumer can lodge 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. information on guarantees and existing after-sales services;

    4. the price including all taxes of the product, service or digital content; where applicable, the delivery costs; and the method of payment, delivery or performance of the distance contract;

    5. the requirements for termination of the agreement if the agreement has a duration 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 transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of Withdrawal

For products:

  1. The consumer may dissolve an agreement relating to the purchase of a product during a cooling-off period of at least fourteen (14) days without giving reasons. Primeloom may ask the consumer for the reason for withdrawal but may not oblige them to state their reason(s).

  2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:

    1. if the consumer has ordered multiple products in one order: the day on which the consumer, or a third party designated by them, has received the last product. Provided that the consumer was clearly informed prior to the ordering process, Primeloom may refuse an order for multiple products with different delivery times;

    2. if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or the last part;

    3. in the case of contracts for regular delivery of products over a certain period: the day on which the consumer, or a third party designated by them, received the first product.

For services and digital content not supplied on a tangible medium:
3. The consumer may dissolve a service contract and a contract for the supply of digital content not supplied on a tangible medium for at least 14 days without giving reasons. Primeloom may ask the consumer for the reason for withdrawal but may not oblige them to state their reason(s).
4. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the contract.

Extended cooling-off period where the consumer was not informed of the right of withdrawal:
5. If Primeloom has not provided the consumer with the legally required information about 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 preceding paragraphs of this article.
6. If Primeloom provides the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the Consumer During the Cooling-off Period

  1. During the cooling-off period, the consumer shall handle the product and the packaging with care. They shall only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The principle is that the consumer may handle and inspect the product only as they would be allowed to do in a shop.

  2. The consumer is only liable for any diminished value of the product resulting from handling the product beyond what is permitted in paragraph 1.

  3. The consumer is not liable for diminished value of the product if Primeloom has not provided them with all legally required information about the right of withdrawal before or at the time of concluding the contract.

Article 8 – Exercise of the Right of Withdrawal by the Consumer and Associated Costs

  1. If the consumer makes use of the right of withdrawal, they shall notify Primeloom within the cooling-off period by means of the model withdrawal form or by other unequivocal statement.

  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 (an authorized representative of) Primeloom. This is not required if Primeloom has offered to collect the product itself. The consumer has observed the return period in any case if they send back the product before the cooling-off period has expired.

  3. The consumer shall return the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with reasonable and clear instructions provided by Primeloom.

  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

  5. The consumer bears the direct costs of returning the product. If Primeloom has not stated that the consumer must bear these costs or if Primeloom indicates that it will bear the costs itself, the consumer does not have to bear the return costs.

  6. The consumer does not bear any costs for the full or partial supply of digital content not supplied on a tangible medium if:

    1. they have not expressly consented to the commencement of performance before the end of the cooling-off period;

    2. they did not acknowledge losing their right of withdrawal upon giving their consent; or

    3. Primeloom failed to confirm this acknowledgement by the consumer.

  7. If the consumer exercises the right of withdrawal, any additional agreements are terminated by operation of law.

Article 9 – Obligations of Primeloom in Case of Withdrawal

  1. If Primeloom enables the consumer to submit a withdrawal notification electronically, Primeloom shall promptly send a confirmation of receipt after receiving this notification.

  2. Primeloom shall reimburse all payments made by the consumer, including any delivery costs charged by Primeloom for the returned product, without undue delay and in any event within fourteen (14) days following the day on which the consumer notifies Primeloom of the withdrawal. Unless Primeloom offers to collect the product itself, Primeloom may wait with reimbursement until it has received the product back or the consumer has supplied evidence of having sent back the product, whichever is the earliest.

  3. Primeloom shall use the same means of payment for reimbursement that the consumer used, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.

  4. If the consumer has chosen a method of delivery that is more expensive than the cheapest standard delivery, Primeloom is not obliged to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of the Right of Withdrawal

Primeloom may exclude the following products and services from the right of withdrawal, but only if Primeloom has clearly stated this in the offer, at least in good time before the conclusion of the contract:

  1. Products or services the price of which is subject to fluctuations in the financial market over which Primeloom has no influence and which may occur within the withdrawal period;

  2. Contracts concluded at a public auction. A public auction is a sales method whereby products, digital content and/or services are offered by Primeloom to the consumer who is personally present or given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;

  3. Service contracts after full performance of the service, but only if:

    1. performance has begun with the express prior consent of the consumer; and

    2. the consumer has declared that they lose their right of withdrawal once Primeloom has fully performed the contract;

  4. Service contracts for the provision of accommodation, where the contract provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;

  5. Contracts relating to leisure activities, where the contract provides for a specific date or period of performance;

  6. Products made to the consumer’s specifications, which are not prefabricated and are made 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 rapidly 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 which, after delivery, are by their nature irrevocably mixed with other products;

  10. Alcoholic beverages, the price of which has been agreed at the time of the conclusion of the contract, but the delivery of which can only take place after 30 days, and whose actual value depends on market fluctuations over which Primeloom has no influence;

  11. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;

  12. Newspapers, periodicals or magazines, with the exception of subscriptions to these;

  13. The supply of digital content other than on a tangible medium, but only if:

  1. performance has begun with the express prior consent of the consumer; and

  2. the consumer has declared that, by giving such consent, they lose their right of withdrawal.

Article 11 – Price

  1. During the period of validity indicated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.

  2. Contrary to the previous paragraph, Primeloom may offer products or services whose prices are subject to fluctuations in the financial market and over which Primeloom has no influence, at variable prices. This link to fluctuations and the fact that any prices stated are target prices will be stated in the offer.

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

  4. Price increases from 3 months after the conclusion of the contract are only permitted if Primeloom has stipulated this and:

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

    2. the consumer has the right to terminate the contract as from the day on which the price increase takes effect.

  5. The prices stated in offers of products or services include VAT.

Article 12 – Performance of the Agreement and Additional Guarantee

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

  2. An additional guarantee provided by Primeloom, its supplier, manufacturer or importer shall never limit the legal rights and claims that the consumer can assert against Primeloom under the agreement if Primeloom has failed to fulfill its part of the agreement.

  3. Additional guarantee means any commitment by Primeloom, its supplier, importer or producer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to do in the event that it fails to fulfill its part of the agreement.

Article 13 – Delivery and Execution

  1. Primeloom will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.

  2. The place of delivery is the address that the consumer has made known to Primeloom.

  3. With due observance of what is stated in Article 4 of these Terms and Conditions, Primeloom shall execute accepted orders expeditiously but at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be carried out or can only be carried out in part, the consumer will be notified of this no later than 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.

  4. After dissolution in accordance with the previous paragraph, Primeloom shall promptly refund the amount paid by the consumer.

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

Article 14 – Continuing Transactions: Term, Termination and Renewal

Termination:

  1. The consumer may at any time terminate an agreement concluded for an indefinite period and which extends to the regular delivery of products or services, 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 definite period and which extends to the regular delivery of products or services at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

  3. With respect to the agreements referred to in the previous paragraphs, the consumer may:

    • terminate at any time and not be limited to termination at a specific time or in a specific period;

    • at least terminate in the same way as they were entered into by the consumer;

    • always terminate with the same notice period that Primeloom has stipulated for itself.

Renewal:
4. An agreement concluded for a definite period and which extends to the regular delivery of products or services may not be tacitly extended or renewed for a definite period.
5. By way of derogation from the previous paragraph, an agreement concluded for a definite period may be tacitly extended for a definite period of a maximum of three months, if the consumer can terminate the extended agreement at the end of the extension with a notice period of no more than one month.
6. An agreement concluded for a definite period and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month.

Duration:
7. 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 reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 – Payment

  1. Unless otherwise provided in the agreement or additional conditions, amounts owed by the consumer must be paid within fourteen (14) days after the start of the cooling-off period, or, if there is no cooling-off period, within fourteen (14) days after the conclusion of the agreement. In the case of a service contract, this period begins on the day after the consumer receives the confirmation of the agreement.

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

  3. The consumer has the duty to report inaccuracies in provided or stated payment details to Primeloom without delay.

  4. If the consumer does not fulfil their payment obligation(s) on time, and after being notified by Primeloom of the late payment and being granted a period of fourteen (14) days to still fulfill the payment obligations, the consumer shall owe statutory interest on the amount still due after failing to pay within this 14-day period, and Primeloom is entitled to charge the extrajudicial collection costs it has incurred. These collection costs amount to a maximum of: 15% over outstanding amounts up to €2,500; 10% over the next €2,500; and 5% over the next €5,000 with a minimum of €40. Primeloom may deviate from the stated amounts and percentages to the benefit of the consumer.

Article 16 – Complaints Procedure

  1. Primeloom has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.

  2. Complaints about the execution of the agreement must be submitted to Primeloom fully and clearly described within a reasonable time after the consumer has discovered the defects.

  3. Complaints submitted to Primeloom will be answered within a period of fourteen (14) days from the date of receipt. If a complaint foreseeably requires a longer processing time, Primeloom will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

Article 17 – Disputes

  1. Contracts between Primeloom and the consumer to which these Terms and Conditions relate are exclusively governed by Dutch law. All disputes arising from the contract and/or these Terms and Conditions will be submitted to the competent court in the district where Primeloom has its office.

Article 18 – Additional or Deviating Provisions

Additional provisions or provisions deviating from these Terms and Conditions may not be to the detriment of the consumer and must be laid down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier