General terms and conditions

Article 1 – Definitions

In these terms and conditions, the following terms shall have the meanings ascribed to them:

  1. Entrepreneur: any natural or legal person offering products and/or services at a distance to consumers;
  2. Consumer: the natural person who is not acting in the exercise of a trade or profession and enters into a distance contract with the trader;
  3. Distance contract: a contract whereby, within the framework of a system organised by the trader for the distance selling of products and/or services, only one or more techniques for distance communication are used up to and including the conclusion of the contract;
  4. Distance communication technique: a means which may be used for the conclusion of a contract without the consumer and the trader having met in the same place at the same time;
  5. Reflection period: the period within which the consumer can exercise their right of withdrawal.;
  6. Right of withdrawal: the right for the consumer to withdraw from the distance contract within the cooling-off period.;
  7. Day: calendar day;
  8. Long-term transaction: a distance contract relating to a range of products and/or services, the delivery and/or supply obligation for which is spread over time;
  9. Sustainable data carrier: any means enabling the consumer or entrepreneur to store information personally addressed to them in such a way that future consultation and unaltered reproduction of the stored information is possible.
  10. Clogee
  11. Email address info@clogee.nl
  12. Chamber of Commerce number: 85844284

Article 2 – Entrepreneur

  1. These general terms and conditions apply to every offer from 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 terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it shall be stated that the terms and conditions can be inspected at the entrepreneur's premises and will be sent to the consumer free of charge as soon as possible upon request.
  3. Where a distance contract is concluded electronically, the text of these terms and conditions may, by way of derogation from the previous paragraph and before the conclusion of the distance contract, be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it shall be indicated, before the conclusion of the distance contract, where the terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge electronically or by other means upon request.
  4. In the event that, in addition to these general terms and conditions, specific product conditions or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to him.

Article 3 – Company Information

  1. Clogee
  2. Email address info@clogee.nl
  3. Chamber of Commerce number: 85844284

Article 4 – The Offer

  1. If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products and/or services provided. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a faithful representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
  3. Every offer contains the necessary information so that the consumer clearly understands the rights and obligations associated with accepting the offer. This applies in particular to:
  • The price includes taxes.;
  • Any delivery costs;
  • The manner in which the agreement will be concluded and the actions required for it;
  • Whether or not the right of withdrawal applies;
  • The method of payment, delivery or performance of the agreement;
  • The period for accepting the offer, or the period for honouring the price;
  • The rate for remote communication if the costs of using the remote communication technique are calculated on a different basis than the basic rate;
  • If the agreement is archived after its conclusion, how it can be accessed by the consumer;
  • The manner in which the consumer can become aware of unintended actions before concluding the agreement, as well as the manner in which they can rectify these before the agreement is concluded;
  • The languages, in addition to Dutch, in which the agreement may be concluded;
  • The codes of conduct to which the entrepreneur has subscribed and the manner in which the consumer can consult these codes of conduct electronically;
  • The minimum duration of the distance contract in the case of a contract for the continuous or periodic supply of products or services.

Article 5 – The Agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions stipulated therein.
  2. If the consumer has accepted the offer electronically, the trader shall confirm receipt of the acceptance of the offer electronically without delay. As long as the receipt of this acceptance has not been confirmed, the consumer may dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures to that end.
  4. Within legal frameworks, the entrepreneur may ascertain whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for responsibly entering into the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds for not entering into the contract, they are entitled to refuse an order or request, giving a reasoned explanation, or to attach special conditions to its execution.
  5. The entrepreneur shall provide the consumer with the following information with the product or service, either in writing or in such a way that the consumer can store it in an accessible manner on a durable medium: b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification that the right of withdrawal is excluded; d. the details included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided these details to the consumer before the performance of the agreement.;
  6. If the entrepreneur has committed to supplying a series of products or services, the provision in the previous paragraph shall only apply to the first supply.

Article 6 – Right of withdrawal

During this period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and – if reasonably possible – in its original condition and packaging to the seller, in accordance with the reasonable and clear instructions provided by the seller.

When purchasing products, consumers have the right to cancel the contract without giving a reason for 14 days. This period begins on the day after the product is received by or on behalf of the consumer.

Article 7 – Costs in the case of withdrawal

  1. If the consumer exercises their right of withdrawal, the costs of return shall be borne by them at most.
  2. If the consumer has made a payment, the trader shall refund this amount as soon as possible, at the latest within 30 days of the return or cancellation.

Article 8 – Exclusion of the right of withdrawal

  1. If the consumer does not have a right of withdrawal, the trader may only exclude this 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: a) that are clearly personal in nature; b) that can spoil or age quickly; c) for loose newspapers and magazines; d) for audio and video recordings and computer software of which the consumer has broken the seal; e) the price of which is subject to fluctuations in the financial market over which the trader has no control; f) which by their nature cannot be returned; g) which have been produced by the trader in accordance with the consumer's specifications.

 Article 9 – The Price

  1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
  2. In deviation from the previous paragraph, the trader may offer products or services whose prices are tied to fluctuations on the financial market and over which the trader has no influence, at variable prices. This tie to fluctuations and the fact that any stated prices are indicative prices will be stated in the offer.
  3. Price increases within 3 months of the agreement being concluded are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the agreement is concluded are only permitted if the seller has stipulated this and: a) they are the result of statutory regulations or provisions; or b) the consumer has the right to terminate the agreement from the day on which the price increase takes effect.
  5. The prices mentioned in the offer of products or services include VAT.

Article 10 – Conformity and Guarantee

  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 statutory provisions and/or government regulations in force on the date the agreement was concluded.
  2. A guarantee offered by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer can assert against the entrepreneur in respect of a breach of the entrepreneur's obligations by operation of law and/or the distance contract.

Article 11 – Delivery and performance

  1. The entrepreneur shall exercise the utmost care in receiving and in the execution of orders for products and in the assessment of requests for the provision of services.
  2. The place of delivery is the address that the consumer has notified to the company.
  3. Subject to the provisions of Article 4 of these terms and conditions, the company shall execute accepted orders with due haste but no later than 30 days unless a longer delivery period has been agreed upon. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer shall be notified within one month of placing the order. In such cases, the consumer shall have the right to cancel the agreement free of charge and shall be entitled to any compensation for damages.
  4. In the event of termination in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, and no later than 30 days after termination.
  5. If delivery of an ordered product proves impossible, the entrepreneur shall endeavour to make a replacement item available. At the latest upon delivery, it will be communicated in a clear and understandable manner that a replacement item is being delivered. The right of withdrawal may not be excluded for replacement items. The costs of return shipment shall be borne by the entrepreneur.
  6. The risk of damage to and/or loss of products remains with the seller until delivery to the consumer, unless expressly agreed otherwise.
  7. Typographical errors on the website do not automatically lead to the termination of the agreement. The entrepreneur and the customer will reach a solution in mutual consultation.

Article 12 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid before the delivery of the goods.
The consumer is obliged to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
C) In the event of default by the consumer, the trader shall have the right to charge the reasonable costs, previously made known to the consumer, subject to statutory limitations.
D) You can always contact us with questions using the information from article 3.

Article 13 – Complaints Procedure

  1. The entrepreneur has a publicly communicated complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted to the contractor within a reasonable time, described fully and clearly, after the consumer has discovered the defects.
  3. Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.. Dutch law shall apply exclusively to the sales from Clogee.nl and its agreements and their performance. The applicability of the Vienna Sales Convention is expressly excluded.
  4. The www.clogee.nl website may contain advertisements from third parties or links to other sites. www.clogee.nl has no influence over and is not responsible for the privacy policies of these third parties or their sites. You can at any time ask Clogee.nl what data is being processed about you. You can send an e-mail for this purpose. You can also ask Clogee.nl via e-mail to make improvements, additions, or other corrections. If you no longer wish to receive information, you can inform Clogee.nl of this. Information is only sent if you have provided your e-mail address for this purpose. Additional provisions or provisions that deviate from these general 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.
  5. In case of complaints, a consumer should first contact the entrepreneur. If the online shop is affiliated with Stichting WebwinkelKeur and complaints cannot be resolved through mutual consultation, the consumer should contact Stichting WebwinkelKeur.webwinkelkeur.nl), who will mediate free of charge. Check if this web shop has an active membership via https://www.webwinkelkeur.nl/leden/. If a solution has not yet been reached, the consumer has the option to have their complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur. The ruling of this committee is binding, and both the entrepreneur and the consumer agree to this binding decision. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the committee in question. It is also possible to report complaints via the European ODR platform.http://ec.europa.eu/odr).
  6. A complaint does not suspend the obligations of the contractor, unless the contractor states otherwise in writing.
  7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at her discretion, either replace or repair the delivered products free of charge.

Article 15 – Liability

Clogee.nl disclaims all liability for damage or injury arising from, or in connection with, the products purchased by the customer on Clogee.nl, unless there is intent or gross negligence on the part of Clogee.nl.

Article 16 – Applicable law and competent court.

Dutch law applies to all agreements concluded. The competent court is the court in the entrepreneur's place of residence.