Terms of Service

Terms and Conditions stautdeuren.nl

These General Terms and Conditions have been drawn up in consultation with the Consumers' Association within the framework of the Self-Regulation Consultation Coordination Group (CZ) of the Social and Economic Council and will come into effect on January 1, 2025.

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  1. Additional agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract and these products, digital content, and/or services are supplied by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;
  2. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
  3. Consumer: the natural person who is not acting for purposes relating to their trade, business, craft, or profession;
  4. Day: calendar day;
  5. Digital content: data produced and delivered in digital form;
  6. Ongoing agreement: an agreement for the regular delivery of goods, services and/or digital content over a certain period;
  7. Durable data carrier: any means – including email – that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended, and which allows the unaltered reproduction of the stored information;
  8. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
  9. Distance contract: an agreement concluded between the entrepreneur 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 agreement, exclusive or partial use is made of one or more means of distance communication;
  10. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions;
  11. Means of distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be simultaneously present in the same room;

Article 2 – Identity of the entrepreneur Prochain

Registered address/visiting address:  Trading under the name STAUT deuren, Eggeweg 48, 7958 PM, Koekange (Drenthe).

Email address: info@stautdeuren.nl

Phone number: +31 85 250 2148

Chamber of Commerce number: 85509655

VAT identification number: NL004106604B62

If the entrepreneur's activity is subject to a relevant licensing system: the

details about the supervisory authority;

If the entrepreneur exercises a regulated profession:

–        the professional association or organization to which they belong;

–        the professional title, the place in the EU or the European Economic Area where it was granted;

–        a reference to the professional rules applicable in the Netherlands and indications of where and how these professional rules are accessible.

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 will be made available to the consumer. If this is not reasonably possible, the entrepreneur will, before the distance contract is concluded, indicate how the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
  3. If the distance contract is concluded electronically, in derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. 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 electronically or otherwise at the consumer's request.
  4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting conditions, the consumer can always invoke the applicable provision that is most favorable to them.

Article 4 – The offer

  1. If an offer has a limited validity period or is subject to conditions, this will 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 the entrepreneur uses images, these are a truthful representation of the products, services and/or digital content offered. Apparent mistakes or obvious errors in the offer do not bind the entrepreneur.
  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. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions set forth therein.
  2. 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 can dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
  4. The entrepreneur can, within legal frameworks, ascertain whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request with reasons, or to attach special conditions to its execution.
  5. The entrepreneur will send the following information to the consumer at the latest upon delivery of the product, service, or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
  6. the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
  7. 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;
  8. information about guarantees and existing after-sales service;
  9. the price including all taxes of the product, service, or digital content; if applicable, the costs of delivery; and the method of payment, delivery, or execution of the distance contract;
  10. the requirements for termination of the agreement if the agreement has a duration of more than one year or is for an indefinite period;
  11. if the consumer has a right of withdrawal, the model withdrawal form.
  12. In the case of an ongoing transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

  1. The consumer can dissolve an agreement concerning the purchase of a product during a cooling-off period of at least 14 days without stating reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but cannot oblige them to state their reason(s).
  2. The cooling-off period mentioned in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
    - if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. The entrepreneur may, provided that they have clearly informed the consumer about this prior to the ordering process, refuse an order of multiple products with different delivery times.
    - if the delivery of a product consists of several 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;
  3. The consumer pays the return costs when returning a product. When a product needs to be exchanged, the consumer bears the costs for the return shipment, and STAUT bears the costs of sending the new product to the consumer.

Extended cooling-off period for products, services, and digital content not delivered on a tangible medium if information about the right of withdrawal is not provided:

  1. If the entrepreneur 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 established in accordance with the preceding paragraphs of this article.
  2. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph 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 will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a store.
  2. The consumer is only liable for any diminished value of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.
  3. The consumer is not liable for any diminished value of the product if the entrepreneur has not provided them with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

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

  1. If the consumer makes use of their right of withdrawal, they must notify the entrepreneur thereof within the cooling-off period by means of the model withdrawal form or another unequivocal method.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer has in any case observed the return period if they return the product before the cooling-off period has expired.
  3. The consumer returns the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  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 entrepreneur has not notified that the consumer must bear these costs or if the entrepreneur indicates that they will bear the costs themselves, the consumer does not have to bear the return costs.
  6. If the consumer makes use of their right of withdrawal, all supplementary agreements are dissolved by operation of law.

Article 9 – Obligations of the entrepreneur in case of withdrawal

  1. If the entrepreneur enables the consumer to notify their withdrawal electronically, they will immediately send a confirmation of receipt after receiving this notification.
  2. The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay, but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait with reimbursement until they have received the product or until the consumer demonstrates that they have returned the product, whichever is earlier.
  3. The entrepreneur will use the same payment method that the consumer used for reimbursement, unless the consumer agrees to another method. The reimbursement is 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 entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 – 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. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
  5. these are the result of legal regulations or provisions; or
  6. the consumer has the right to terminate the agreement as of the day on which the price increase takes effect.
  7. The prices stated in the offer for products or services include VAT.

Article 11 – 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, the reasonable requirements of soundness and/or usability, and the legal 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 other than normal use.
  2. An additional warranty provided by the entrepreneur, their supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfil their part of the agreement.
  3. Additional warranty means any commitment by the entrepreneur, their supplier, importer or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to do if they have failed to fulfil their part of the agreement.

Article 12 – Delivery and execution

  1. Doors are delivered by our transporter. Doors are delivered to the first threshold on the ground floor, or to where the driver can reach with a glass trolley or in some cases a pump truck. A glass trolley or pump truck cannot cross thresholds, gravel, loose stones, grass or other unpaved paths. The driver will take this into account and deliver before the first threshold. It may therefore happen that the order cannot be delivered to the front door. Please note that you have sufficient people available for the delivery of doors.
  2. The place of delivery is the address that the consumer has made known to the entrepreneur.
  3. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
  4. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative known to the entrepreneur, unless explicitly agreed otherwise. The risk for the products transfers to the consumer at the time of delivery.
  5. The consumer ensures that someone is present at the time of delivery to receive the products. Costs incurred by the entrepreneur because no one is present, such as extra shipping costs, storage costs and administrative costs, can be charged to the consumer by the entrepreneur.
  6. The consumer must check the order for any transport damage immediately after delivery. Any damage must be reported immediately (within 72 hours) in writing via our customer service by email (info@stautdeuren.nl). It is important that the damage is clearly described and that photos of the damage are attached to the email. Damage can be reported up to 72 hours after delivery. After 72 hours, you can no longer claim exchange of the door or warranty, as it is then no longer possible for us to determine whether the damage occurred during transport or elsewhere. If the door with (transport) damage is nevertheless installed by the consumer, the right of withdrawal or warranty on the door expires. STAUT cannot be held liable for (additional) installation costs if the door needs to be re-installed.
  7. If the consumer does not take delivery of the products or does not do so in time, the consumer is in default without further notice of default. In that case, the entrepreneur is entitled to store the products at the expense and risk of the consumer or to sell them to a third party. The consumer remains liable for the full purchase price and any delivery costs, increased by the then applicable statutory commercial interest and any costs to be incurred by the entrepreneur. If the entrepreneur still sells the products to a third party, the entrepreneur may decide to reduce the amount owed by the consumer by the net proceeds of the sale to that third party.

Article 13 – Payment

  1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the cooling-off period commences, or in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period commences on the day after the consumer has received confirmation of the agreement.
  2. When selling products to consumers, the consumer can never be obliged to pay more than 50% in advance in the general terms and conditions. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the stipulated advance payment has been made.
  3. The consumer has the obligation to immediately report any inaccuracies in provided or stated payment details to the entrepreneur.
  4. If the consumer does not meet their payment obligation(s) in time, they will owe statutory interest on the outstanding amount after being informed by the entrepreneur of the late payment and being granted a period of 14 days to still meet their payment obligations, and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by them. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the subsequent €2,500; and 5% on the next €5,000, with a minimum of €40. The entrepreneur may deviate from the stated amounts and percentages in favour of the consumer.
  5. Shipping costs will be calculated with your order. For a standard order of steel and wooden doors, this will be an amount of €79.99.
  6. The payment methods that can be used in the STAUT shop are:
  • iDeal
  • Klarna
  • VISA
  • Mastercard
  • American Express

Article 14 – Complaints procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
  2. Complaints about the implementation 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 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 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

Article 15 – Custom-made door conditions

  • A custom-made door cannot be cancelled once it has been put into production. The dimensions also cannot be adjusted. "In production" indicates the time at which we ordered the custom-made door from our foreign producer.
  • The measurement of doors must be done by the customer themselves. We strictly adhere to the dimensions provided by the customer and cannot be held liable for incorrect measurements. The risk for this therefore always lies with the customer.
  • A custom-made door cannot be returned after delivery, nor can a financial refund take place. The right of withdrawal does not apply to custom-made items.
  • If doors are not installed according to our installation instructions, the door's warranty will be void.
  • Should there unexpectedly be a manufacturing defect in the door which necessitates its removal, we cannot be held liable for any additional costs incurred. This includes damage to the wall (plasterwork) or contractor costs. The door must always be removed and exchanged including the frame.

·        If your door has been delivered by our transporter, you must check it for errors or damage. You have three days to report any damage to us by email. Damage can only be reported if the door is still in its original packaging and has not yet been installed. If we have not received any damage report after 3 days, we assume that the door(s) were received in good condition.

Article 16 – Amendment of the general terms and conditions of Stichting Webshop Keurmerk

Stichting Webshop Keurmerk will not amend these general terms and conditions except in consultation with the Consumentenbond (Dutch Consumers' Association).

Amendments to these terms and conditions will only take effect after they have been published in the appropriate manner, with the understanding that, in the event of applicable changes during the term of an offer, the provision most favourable to the consumer will prevail.

 

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