General terms

Table of content:

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 cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and associated costs
Article 9 - Obligations of the trader in the event of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Performance of the agreement and additional warranty
Article 13 - Delivery and execution
Article 14 - Continuing performance contracts
Article 15 - Payment
Article 16 - Liability
Article 17 – Complaints Procedure
Article 18 - Disputes
Article 19 – Additional or deviating provisions

Annex: Model withdrawal form


Article 1 - Definitions

For the purposes of these terms and conditions, the following definitions apply:

  1. Ancillary agreement: an agreement whereby 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 trader or by a third party based on an arrangement between that third party and the trader;
  2. Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
  3. Consumer: the natural person who is not acting for purposes relating to their trade, business, craft, or professional activity;
  4. Day: calendar day;
  5. Digital content: data produced and supplied in digital form;
  6. Contract for the continuous supply of goods, services, and/or digital content: a contract that provides for the regular supply of goods, services, and/or digital content over a specific period;
  7. Durable medium: any instrument—including e-mail—that enables the consumer or trader to store information addressed personally to them in a way that allows for future consultation or use for a period appropriate to the purpose for which the information is intended, and which allows for the unaltered reproduction of the stored information;
  8. Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
  9. Trader: the natural or legal person who offers products, (access to) digital content, and/or services to consumers at a distance;
  10. Distance contract: a contract concluded between the trader and the consumer within the framework of an organized system for the distance selling of products, digital content and/or services, whereby, up to and including the moment the contract is concluded, exclusive or joint use is made of one or more techniques for distance communication;
  11. Technique for distance communication: a means that can be used for the conclusion of a contract without the consumer and the trader having to be present in the same place at the same time.
  12. Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions. Annex I need not be made available if the consumer has no right of withdrawal regarding their order.


Article 2 – Identity of the entrepreneur

Elwood Books
Otterloseweg 309, 7351 TC Hoenderloo
Contactable by email at info@elwood-books.com
Chamber of Commerce number: 42017610
VAT identification number: NL869310720B01


Article 3 – Applicability

  1. 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.
  2. 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, the entrepreneur shall, before the distance contract is concluded, indicate how the general terms and conditions can be inspected at the entrepreneur’s premises and state 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—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 store them on a durable medium. If this is not reasonably possible, the entrepreneur shall, before the distance contract is concluded, indicate where the general terms and conditions can be consulted electronically and state that they will be sent free of charge electronically or otherwise at the consumer’s request.
  4. 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 shall apply accordingly; in the event 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 has a limited period of validity or is subject to conditions, this is 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 a proper assessment of the offer by the consumer. 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 do not bind the trader.
  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 fulfills the conditions attached thereto.
  2. If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.
  3. If the agreement is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can make electronic payments, the trader shall observe appropriate security measures for this purpose.
  4. Within legal frameworks, the trader may inform himself whether the consumer can meet his payment obligations, as well as of all facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the trader has valid grounds not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the performance thereof.
  5. No later than upon delivery of the product, service, or digital content to the consumer, the trader shall provide the following information, either 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 trader’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 statement regarding the exclusion of the right of withdrawal; c) information regarding guarantees and existing after-sales service;
    d) the price of the product, service, or digital content, inclusive of all taxes; delivery costs, where applicable; and the arrangements for payment, delivery, or performance of the distance contract;
    e) the requirements for terminating the contract if the contract is for a duration of more than one year or is of indefinite duration;
    f) where the consumer has a right of withdrawal, the model withdrawal form.
  6. In the case of a continuous transaction, the provision in the preceding paragraph applies only to the first delivery.


Article 6 – Right of withdrawal

  1. When purchasing products, the Consumer has the option to dissolve the agreement without stating reasons for a period of fourteen (14) days. This period commences on the day following receipt of the product by or on behalf of the Consumer. The Entrepreneur may ask the Consumer for the reason for the withdrawal but may not oblige them to state their reason(s).
  2. During this period, the Consumer shall handle the product and the packaging with care. They shall unpack or use the product only to the extent necessary to assess whether they wish to keep the product. If exercising their right of withdrawal, they shall return the product to the Entrepreneur with all supplied accessories and—if reasonably possible—in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the Entrepreneur.
  3. In the case of the supply of services, the Consumer has the option to dissolve the agreement without stating reasons for a period of seven working days, commencing on the day the agreement is concluded.
  4. To exercise their right of withdrawal, the Consumer shall follow the reasonable and clear instructions provided by the Entrepreneur regarding this matter at the time of the offer and/or no later than the time of delivery.
  5. If the Consumer has ordered multiple products in a single order: the day on which the Consumer, or a third party designated by them, received the final product. The Entrepreneur may refuse an order for multiple products with different delivery times, provided they have clearly informed the Consumer of this prior to the ordering process.
  6. Where the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the last part;
  7. In the case of contracts for the regular delivery of products over a specific period: the day on which the consumer, or a third party designated by them, has received the first product.


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. He shall unpack or use the product only to the extent necessary to establish the nature, characteristics, and functioning of the product. The guiding principle is that the consumer may only handle and inspect the product in the manner that would be permitted in a shop.
  2. The consumer is liable only for any depreciation of the product resulting from handling the product in a way that goes beyond what is permitted under paragraph 1.
  3. The consumer is not liable for any depreciation of the product if the trader has not provided him with all the legally required information regarding the right of withdrawal before or at the time of the conclusion of the agreement.


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

  1. If the consumer exercises their right of withdrawal, they shall notify the trader of this in an unequivocal manner within the cooling-off period.
  2. As soon as possible, but within 14 days of 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) the trader. The consumer has complied with the return period in any case if they return the product before the cooling-off period has expired.
  3. The consumer shall return the product with all delivered accessories, in its original condition and packaging if reasonably possible, and in accordance with the reasonable and clear instructions provided by the trader.
  4. The risk and burden of proof regarding the correct and timely exercise of the right of withdrawal lie with the consumer.
  5. The consumer shall bear the direct costs of returning the product. If the trader has not stated that the consumer must bear these costs, or if the trader indicates that they will bear the costs themselves, the consumer is not required to bear the costs of return.
  6. The consumer shall not bear any costs for the full or partial supply of digital content not supplied on a tangible medium if:
    a) prior to the supply, they did not expressly consent to the commencement of the performance of the agreement before the end of the cooling-off period;
    b) they did not acknowledge losing their right of withdrawal upon granting their consent; or
    c) the trader failed to confirm this declaration by the consumer.
  7. If the consumer exercises their right of withdrawal, all ancillary agreements are dissolved by operation of law.


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

  1. If the trader enables the consumer to submit a notice of withdrawal electronically, he shall send an acknowledgement of receipt without delay upon receiving such notice.
  2. The trader shall reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but no later than 14 days following the day on which the consumer notifies him of the withdrawal. Unless the trader offers to collect the product himself, he may withhold reimbursement until he has received the product or until the consumer has demonstrated that he has returned the product, whichever occurs first. Please note! Return shipping costs are borne by the customer.
  3. The trader shall use the same means of payment for reimbursement as the consumer used, unless the consumer agrees to a different method. The reimbursement shall be free of charge for the consumer.
  4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the trader is not required to reimburse the additional costs associated with the more expensive method.


Article 10 – Exclusion of the right of withdrawal

  1. The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products and/or services:
    a) products showing signs of use or (minor) damage;
    b) products that have been used by the consumer;
    c) products that have been discounted by 50% or more;
    d) where performance has begun with the consumer’s express prior consent;
    e) where the consumer has acknowledged that they will lose their right of withdrawal once the trader has fully performed the agreement;
    f) products made to the consumer’s specifications, which are not prefabricated and are made based on an individual choice or decision by the consumer, or which are clearly intended for a specific person;
    g) where performance has begun with the consumer’s express prior consent;
    h) that are clearly personal in nature.


Article 11 – The price

  1. 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 resulting from changes in VAT rates.
  2. By way of derogation from the previous paragraph, the entrepreneur may offer products or services at variable prices if their prices are subject to fluctuations in the financial market over which the entrepreneur has no influence. The fact that prices are subject to such fluctuations and that any prices stated are target prices will be mentioned in the offer.
  3. Price increases within 3 months of the conclusion of the agreement are permitted only if they result from statutory regulations or provisions.
  4. Price increases occurring 3 months or more after the conclusion of the agreement are permitted only if the entrepreneur has stipulated this and:
    a) they result from statutory regulations or provisions; or
    b) the consumer has the right to terminate the agreement effective from the day the price increase takes effect.
  5. The prices stated in the offer of products or services include VAT.


Article 12 – Performance of the agreement and additional warranty

  1. The entrepreneur guarantees 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 statutory provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
  2. Any additional warranty provided by the entrepreneur, their supplier, manufacturer, or importer never limits the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement in the event that the entrepreneur has failed to fulfill their part of the agreement.
  3. "Additional warranty" is understood to mean any commitment by the entrepreneur, their supplier, importer, or producer granting the consumer certain rights or claims that go beyond what is legally required in the event of a failure to fulfill their part of the agreement.


Article 13 – Delivery and execution

  1. The trader shall exercise the greatest possible care when receiving and executing product orders and when assessing requests for the provision of services.
  2. The place of delivery shall be the address that the consumer has made known to the trader.
  3. Subject to the provisions of Article 4 of these General Terms and Conditions, the trader shall execute accepted orders with due speed but no later than within 30 days, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer shall be notified of this no later than 30 days after placing the order. In such a case, the consumer has the right to dissolve the agreement without cost and is entitled to any applicable compensation.
  4. Following dissolution in accordance with the preceding paragraph, the trader shall immediately refund the amount paid by the consumer.
  5. The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.


Article 14 – Continuing performance contracts

  1. The consumer may terminate an agreement concluded for an indefinite period that extends to the regular delivery of products or services at any time, subject to agreed termination rules and a notice period of no more than one month.
  2. The consumer may terminate an agreement concluded for a fixed period that extends to the regular delivery of products or services at any time towards the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.
  3. The consumer may terminate the agreements referred to in the preceding paragraphs:
    a) at any time, without being restricted to termination at a specific time or during a specific period;
    b) at the very least, in the same manner as they were concluded by the consumer;
    c) at any time, subject to the same notice period as the trader has stipulated for themselves.


Article 15 – Payment

  1. Unless otherwise agreed, amounts owed by the Consumer must be paid within fourteen (14) days of delivery of the goods or, in the case of a service agreement, within fourteen (14) days of the issuance of the documents relating to said agreement.
  2. In the sale of products to Consumers, the General Terms and Conditions may never stipulate an advance payment of more than 50%. Where an advance payment has been stipulated, the Consumer may not assert any rights regarding the execution of the relevant order or service(s) until the stipulated advance payment has been made.
  3. The Consumer is obliged to notify the Entrepreneur without delay of any inaccuracies in the payment details provided or stated.
  4. In the event of non-payment by the Consumer, the Entrepreneur has the right, subject to statutory limitations, to charge reasonable costs that have been made known to the Consumer in advance.


Article 16 – Liability

  1. The entrepreneur excludes all liability for damage suffered by the consumer arising from the agreement and/or in direct connection therewith, unless such damage was caused by the entrepreneur’s gross negligence or willful misconduct.
  2. The consumer indemnifies the entrepreneur against any claim regarding damage suffered and/or to be suffered - whether direct, indirect, material, or non-material. Any compensation for damages shall be limited to the amount paid out by the entrepreneur’s insurer, and the consumer expressly waives any right to any other or additional amount.


Article 17 – Complaints Procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure in place and handles complaints in accordance with this procedure.
  2. Complaints regarding 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.
  3. Complaints submitted to the entrepreneur will be answered within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur 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.
  4. The consumer must allow the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute resolution procedure.


Article 18 – Disputes

  1. Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.


Article 19 – Additional or deviating provisions

  1. Additional provisions or provisions deviating 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 medium.


Annex: Model withdrawal form

(Please complete and return this form only if you wish to withdraw from the contract)

To: Elwood Books
Otterloseweg 309
7351 TC Hoenderloo
info@elwood-books.com

I/We* hereby give notice that I/we* withdraw from our contract concerning
the sale of the following products: product description*
the supply of the following digital content: digital content description*
the provision of the following service: service description*,
I/we* withdraw from the contract*

Ordered on*/received on* date of order for services or receipt for products

Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is submitted on paper)

* Delete as appropriate or fill in as applicable.