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Terms of service

STEVE SCOTT TERMS & CONDITIONS

TABLE OF CONTENTS

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 withdrawal period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur in case of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Compliance with the agreement and additional warranty
Article 13 - Delivery and execution
Article 14 - Duration transactions: duration, termination and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or different provisions

ARTICLE 1 - DEFINITIONS

In these terms and conditions the following definitions apply:

  1. Ancillary contract: a contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader.

  2. Grace period: the period within which the consumer can exercise his 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 delivered in digital form.

  6. Continuous contract: a contract for the regular supply of goods, services and/or digital content for a specified period.

  7. Durable data carrier: any device - including e-mail - that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information.

  8. Right of withdrawal: the consumer's option to waive the distance contract within the cooling-off period.

  9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services at a distance to consumers.

  10. Distance contract: an agreement that is concluded between the entrepreneur and the consumer under an organized system for distance selling of products, digital content and / or services, where up to and including the conclusion of the contract exclusive or joint use is made of one or more means of distance communication.

  11. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions; Annex I does not have to be made available if the consumer does not have a right of withdrawal in respect of his order.

  12. Means of distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.

ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR

Company name: Steve Scott

Acting under the name(s):
steve-scott.eu

Business address:
Wilhelminastraat 10-U
5141HK Waalwijk
Netherlands

Reachability:
From Monday to Friday from 09.00 to 18.00 hours.

E-mail address: info@stevescott.eu
Chamber of Commerce number: 92214681
VAT number: NL230587392B01

ARTICLE 3 - APPLICABILITY

These general conditions apply to every offer made by the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
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 entrepreneur will indicate in what way the general terms and conditions can be inspected and that they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
In the event that specific product or service conditions apply in addition to these general conditions, the above paragraphs shall apply mutatis mutandis and in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favorable to him.

ARTICLE 4 - THE OFFER

If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
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 on offer. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
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

The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of 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.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may within legal frameworks inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
The trader will send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier, at the latest when the product, service or digital content is delivered:
a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
c. the information on guarantees and existing after-sales service;
d. the price including all taxes of the product, service or digital content; to the extent applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;
e. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form.
In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.

ARTICLE 6 - RIGHT OF WITHDRAWAL

In the case of products:
The consumer may dissolve an agreement relating to the purchase of a product during a 14-day cooling-off period without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
The withdrawal period starts the day after the consumer, or a third party designated in advance by the consumer (who is not the carrier), has received the product, or:
a. if the consumer has ordered several products in the same order: the day on which the consumer has received the last product;
b. if delivery consists of different shipments or parts: the day on which the consumer has received the last shipment or part;
c. in the case of regular delivery during a fixed period: the day on which the consumer has received the first product.

In the case of services and digital content not supplied on a tangible medium:
The consumer may dissolve a service contract and a contract for the supply of digital content not supplied on a tangible medium for 14 days without giving reasons.
The withdrawal period starts on the day following the conclusion of the agreement.

Extended withdrawal period:
If the entrepreneur has not provided 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.
If the entrepreneur provides this information within twelve months, 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 WITHDRAWAL PERIOD

During the withdrawal period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and operation of the product.
The consumer is only liable for depreciation of the product resulting from handling that goes beyond what is permitted.
The consumer is not liable for depreciation if the entrepreneur has not provided 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

If the consumer exercises the right of withdrawal, he shall notify the entrepreneur within the withdrawal period by means of the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification, the consumer returns the product, or hands it to the entrepreneur (or an authorized representative).
The consumer returns the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer shall bear the direct costs of returning the product, unless the entrepreneur indicated otherwise.
If the consumer withdraws after having expressly requested the start of a service during the withdrawal period, the consumer owes the entrepreneur an amount proportional to what has been performed.
If the consumer makes use of the right of withdrawal, all additional contracts shall be dissolved by operation of law.

ARTICLE 9 - OBLIGATIONS OF THE ENTREPRENEUR IN CASE OF WITHDRAWAL

If the trader enables the consumer to notify withdrawal electronically, he shall send an acknowledgement of receipt without delay.
The entrepreneur reimburses all payments of the consumer, including delivery costs (if applicable), without delay but within 14 days following the day on which the consumer notifies withdrawal. The entrepreneur may wait to refund until the product is received or proof of return is provided.
For repayment, the entrepreneur uses the same means of payment the consumer has used, unless otherwise agreed.
If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs.

ARTICLE 10 - EXCLUSION OF RIGHT OF WITHDRAWAL

The entrepreneur may exclude products and services from the right of withdrawal only if clearly stated when making the offer, or in good time before concluding the contract, including but not limited to:
products subject to financial market fluctuations;
contracts concluded during a public auction;
services after full performance (with consent and acknowledgement of loss of withdrawal right);
package tours and passenger transport;
accommodation for a specific date/period (non-residential), car rental, catering;
leisure activities for a specific date/period;
custom-made products;
perishable products;
sealed hygiene products where seal is broken;
products irrevocably mixed after delivery;
sealed audio/video/software with broken seal;
newspapers/magazines (except subscriptions);
digital content not on a tangible medium, after consent and acknowledgement.

ARTICLE 11 - THE PRICE

During the validity period stated in the offer, prices will not be increased, except for changes in VAT rates.
Variable prices due to financial market fluctuations may be offered if clearly stated.
Price increases within 3 months are only allowed if due to statutory regulations.
Prices include VAT.

ARTICLE 12 - PERFORMANCE AND ADDITIONAL WARRANTY

The entrepreneur guarantees that products and/or services comply with the agreement and legal requirements.
Any additional warranty does not limit the consumer’s legal rights.
Additional warranty means any commitment beyond legal obligations.

ARTICLE 13 - DELIVERY AND EXECUTION

The entrepreneur will take the greatest possible care when receiving and executing orders.
Delivery takes place at the address provided by the consumer.
Orders will be executed as soon as possible and at the latest within 30 days, unless otherwise agreed. In case of delay, the consumer will be informed and may dissolve the agreement.
Risk of damage and/or loss rests with the entrepreneur until delivery, unless otherwise agreed.

ARTICLE 14 - DURATION TRANSACTIONS: DURATION, TERMINATION AND EXTENSION

Termination:
The consumer may terminate an indefinite contract at any time with a notice period of up to one month.
A fixed-term contract may be terminated at the end of the term with a notice period not exceeding one month.
Termination must be possible in the same way the contract was entered into.

Renewal:
A fixed-term contract for regular delivery may not be tacitly extended for a definite period, except where legally permitted (e.g. newspapers/magazines under conditions).
A fixed-term contract may be tacitly extended for an indefinite period only if the consumer can terminate at any time with up to one month’s notice.

Duration:
If a contract lasts longer than one year, the consumer may terminate after one year with up to one month’s notice, unless reasonableness and fairness oppose.

ARTICLE 15 - PAYMENT

Unless otherwise provided, amounts owed must be paid within 14 days after the start of the withdrawal period, or within 14 days after conclusion if no withdrawal period applies.
Advance payment may not exceed 50% for consumer product sales.
The consumer must report inaccuracies in payment details without delay.
In case of late payment, statutory interest and extrajudicial collection costs may be charged in accordance with applicable law.

ARTICLE 16 - COMPLAINTS PROCEDURE

The entrepreneur has a sufficiently publicized complaints procedure.
Complaints must be submitted fully and clearly described within a reasonable time after discovery.
Complaints will be answered within 14 days. If more time is needed, a notice of receipt and expected response time will be provided.
The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement.

ARTICLE 17 - DISPUTES

Only Dutch law applies.
A dispute will only be dealt with if the consumer has first submitted the complaint to the entrepreneur within a reasonable time.
If no solution is reached, the dispute must be submitted within 12 months after the complaint was submitted.

ARTICLE 18 - ADDITIONAL OR DIFFERENT PROVISIONS

Additional provisions or provisions deviating from these general 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.

ANNEX I: MODEL WITHDRAWAL FORM

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

To: Steve Scott
Wilhelminastraat 10-U
5141HK Waalwijk
Netherlands
info@stevescott.eu

I/We* hereby inform you that I/We* withdraw from our contract regarding:

  • the sale of the following products: [product designation]*

  • the supply of the following digital content: [digital content designation]*

  • the provision of the following service: [service designation]*

Ordered on*/received on*: [date]
Name of consumer(s): [name]
Address of consumer(s): [address]
Signature of consumer(s): (only if submitted on paper)

  • Delete what does not apply or fill in what is applicable.