Terms and conditions

General Terms and Conditions

Article 1 Definitions
In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting in the exercise of their profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract regarding a series of products and/or services, for which the obligation to supply and/or purchase is spread over time;
Durable medium: any instrument that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who is a member of the Stichting Webshop Keurmerk and who offers products and/or services to consumers at a distance;
Distance contract: an agreement whereby, in the context of a system organized by the entrepreneur for the distance sale of products and/or services, one or more techniques for distance communication are used exclusively up to and including the conclusion of the agreement;
Technique for distance communication: a means that can be used for concluding an agreement, without the consumer and entrepreneur having come together in the same space at the same time.

Article 2 Identity of the entrepreneur
Horizon Global Solutions
Gees Linnebankstraat 33
2652LT Berkel en Rodenrijs
Availability: Monday to Friday from 9:00 AM to 5:00 PM.
Email address: info@desto.nl.nl
Chamber of Commerce (KvK) number: 95559485

Article 3 Applicability
These general terms and conditions apply to every offer from 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 is made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.

If the distance contract is concluded electronically, then, contrary to 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 by electronic means in such a way that it can be stored by the consumer in a simple manner 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 consulted electronically and that they will be sent free of charge by electronic or other means at the consumer's request.
In the event that specific product or service terms and conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always rely on 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 products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

Each offer contains information that makes it clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

the price including taxes;
any delivery costs;
the manner in which the agreement will be concluded and what actions are required for this;
whether or not the right of withdrawal is applicable;
the method of payment, delivery, and execution of the agreement;
the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular base rate for the communication medium used;
whether the agreement is archived after conclusion, and if so, how it can be consulted by the consumer;
the way in which the consumer, before concluding the agreement, can check and, if desired, correct the data provided by them in the context of the agreement;
any other languages in which, in addition to Dutch, the agreement may be concluded;
the codes of conduct to which the entrepreneur has subscribed and the way in which the consumer can consult these codes of conduct electronically; and the minimum duration of the distance contract in the event of a duration transaction.

Article 5 – The agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions stated therein.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

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

The entrepreneur may inform themselves—within legal frameworks—whether the consumer can meet their payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good grounds for not entering into the agreement based on this investigation, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.

With the product or service, the entrepreneur will send the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
a. the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
c. information about guarantees and existing after-sales service;
d. the information included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is for an indefinite period.
In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

ARTICLE 6 – RIGHT OF WITHDRAWAL

Physical products
When purchasing physical products, the consumer has the right to dissolve the agreement without giving reasons during a cooling-off period of 14 calendar days. This cooling-off period starts on the day after the consumer, or a third party previously designated by the consumer who is not the carrier, has received the product.

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

To exercise the right of withdrawal, the consumer must inform the entrepreneur within the cooling-off period by means of an unambiguous statement (e.g., by email). After notification, the product must be returned within 14 days. The consumer bears the direct costs of returning the product.

Digital courses
In the case of a digital course, the consumer cannot exercise the right of withdrawal, because access to the online course is provided immediately after payment.

Gift cards
When purchasing a gift card, it can only be revoked in the case of unopened packaging. If the packaging has been opened and/or the code has been used, the right of withdrawal cannot be exercised.

ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL
If the consumer exercises their right of withdrawal, the costs of returning the goods will be for their account.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after receipt of the withdrawal notice—provided that the product has already been received back or the consumer has demonstrated that they have returned it.

ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL
The entrepreneur may exclude the consumer's right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with the consumer's specifications;
b. that are clearly personal in nature;
c. that by their nature cannot be returned;
d. that can spoil or age quickly;
e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software for which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:
a. relating to accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
b. the supply of which has begun with the express consent of the consumer before the cooling-off period has expired;
c. relating to 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 as a result of changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This link to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. they are the result of legal regulations or provisions; or
b. the consumer has the authority to terminate the agreement effective from 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 GUARANTEE
The entrepreneur 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 legal provisions and/or government regulations existing on the date of the conclusion of the agreement. 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 legal rights and claims that the consumer can assert against the entrepreneur under the agreement.

ARTICLE 11 – DELIVERY AND EXECUTION
The entrepreneur will observe the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The address that the consumer has made known to the company is considered the place of delivery.
With due observance of 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 delivery is delayed, or if an order cannot or can only partially be executed, the consumer will receive notification of this no later than 30 days after they placed the order. In that case, the consumer has the right to dissolve the agreement without costs and the right to any compensation.
In the event of dissolution in accordance with 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 to be impossible, the entrepreneur will endeavor to make a replacement item available. It will be reported in a clear and understandable manner at the latest upon delivery that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of 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 representative designated in advance and made known to the entrepreneur, unless otherwise explicitly agreed.

ARTICLE 12 – DURATION TRANSACTIONS
Termination: The consumer can terminate an agreement that has been entered into for an indefinite period at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer can terminate an agreement that has been entered into for a definite period at any time at the end of the definite period, subject to the agreed termination rules and a notice period of no more than one month.
The consumer can terminate the agreements mentioned in the previous paragraphs:
– 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 them;
– always terminate with the same notice period as the entrepreneur has stipulated for themselves.
Extension

An agreement that has been entered into for a definite period may not be tacitly extended or renewed for a definite duration.
Contrary to the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite duration of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite duration if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not continued tacitly and ends automatically after the end of the trial or introductory period.
Duration

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

ARTICLE 13 – PAYMENT
Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the commencement of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received the confirmation of the agreement.
When selling products to consumers, an advance payment of more than 50% may never be stipulated in general terms and conditions. When an advance payment has been stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service(s) before the stipulated advance payment has taken place.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

ARTICLE 14 – COMPLAINTS PROCEDURE
The entrepreneur has a sufficiently notified complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur, fully and clearly described, within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.

ARTICLE 15 – ADDITIONAL OR DIFFERENT PROVISIONS
Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

ARTICLE 16 – AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS OF WEBSHOP KEURMERK
Amendments to these terms and conditions shall only be effective after they have been published in an appropriate manner, provided that in the event of applicable amendments during the term of an offer, the provision most favourable to the consumer shall prevail.