Terms and Conditions - STEAMRS

Offer & agreement

We hope you enjoy shopping with us. To ensure that everything runs as smoothly as possible, some conditions apply to your order. These general terms and conditions (terms and conditions) apply to consumers who place orders through the webshop: www.steamers.nl.

These service terms constitute a contract between the customer and Steamrs by Dreamers, a Dutch company registered under Chamber of Commerce number: 77325648, under the name CTwebshop, whose registered office is located at Leistraat 1, 4818NA Breda, the Netherlands.

When you purchase a STEAMRS item online via the webshop, you enter into an agreement with Steamrs by Dreamers. These general terms and conditions are binding and apply to every order placed via the website www.steamers.nl. 

General Terms and Conditions 

These General Terms and Conditions of the Dutch Home Shopping Organisation (hereinafter: Thuiswinkel.org) were drawn up in consultation with the Consumers' Association within the framework of the Coordination Group for Self-Regulation Consultation (CZ) of the Social and Economic Council and enter into force on 1 June 2014.

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 the costs thereof
Article 9 - Trader’s obligations in the event of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Performance and additional warranty
Article 13 - Delivery and performance
Article 14 - Ongoing transactions: duration, cancellation and renewal
Article 15 - Payment
Article 16 - Complaints Procedure
Article 17 - Disputes
Article 18 - Industry Guarantee
Article 19 - Additional or deviating provisions
Article 20 - Amendment of the Thuiswinkel General Terms and Conditions

Article 1 - Definitions

These terms and conditions define:

1. Supplementary agreement: an agreement under which 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 on the basis of an agreement between that third party and the trader;
2. Cooling-off period: the period during which the consumer may exercise their right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to their commercial, business, craft or professional activity;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Continuous contract: a contract that provides for the regular delivery of goods, services and/or digital content over a specified period;
7. Durable medium: any device - including email - that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation or use for a period suited to the purpose for which the information is intended, and that enables the unchanged reproduction of the stored information;
8. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract during the cooling-off period;
9. Entrepreneur: the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content and/or services to consumers at a distance;
10. Distance contract: a contract concluded between the entrepreneur 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 conclusion of the contract, exclusive or joint use is made of one or more means of communication at a distance;
11. Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions; Annex I does not have to be provided if the consumer has no right of withdrawal in relation to their order;
12. Means of communication at a distance: means that can be used to conclude a contract without the consumer and the entrepreneur having to be in the same place at the same time.

Article 2 - Identity of the entrepreneur

Name of entrepreneur:
CTwebshop

Trading under the name: 
STEAMRS BY DREAMERS

Registered address:
Leistraat 1, Breda

Telephone number:
06 5153 5838

Availability:
Monday to Friday from 09:00 to 18:00

Email address:
- info@steamers.nl
Chamber of Commerce number:
77325648

VAT number:
NL860971892B01

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 shall be made available to the consumer. If this is reasonably impossible, 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 that, at the consumer's request, they will be sent free of charge as soon as possible.
3. If the distance agreement is concluded electronically, by way of derogation from the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer electronically in such a way that the consumer can easily save it on a durable data medium. If this is not reasonably possible, before the distance agreement is concluded, the business will indicate 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. If, in addition to these general terms and conditions, specific product or service terms and conditions also apply, paragraphs 2 and 3 will apply accordingly, and in the event of conflicting terms and conditions, the consumer may always invoke 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 will be expressly 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 properly assess the offer. If the business uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer are not binding on the business.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer.

Article 5 - The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the time the consumer accepts the offer and fulfills the conditions set for it.
2. If the consumer has accepted the offer electronically, the business will promptly confirm receipt of the acceptance of the offer electronically. Until receipt of this acceptance has been confirmed by the business, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the business 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 business will observe appropriate security measures.
4. Within the limits of the law, the trader may establish whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance agreement. If, based on this investigation, the trader has good grounds not to enter into the agreement, the trader is entitled to refuse an order or request with reasons, or to attach special conditions to its performance.
5. No later than upon delivery of the product, service or digital content to the consumer, the trader shall provide the following information in writing or in such a way that the consumer can store it accessibly on a durable medium:

• The address of the trader's establishment where the consumer can submit complaints;
• The conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
• Information about warranties and existing after-sales service;
• The price of the product, service or digital content, including all taxes; where applicable, the delivery costs; and the method of payment, delivery or performance of the distance agreement;
• The requirements for terminating the agreement if the agreement has a term of more than one year or is of indefinite duration;
• If the consumer has a right of withdrawal, the model withdrawal form.

6. In the case of a subscription, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

For products:

1. The consumer may terminate an agreement relating to the purchase of a product during a cooling-off period of 14 days without giving any reasons. The trader may ask the consumer for the reason for withdrawal, but may not require the consumer to state the reason(s).
2. The cooling-off period referred to in paragraph 1 starts on 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:

• If the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by the consumer, received the last product. The trader may refuse an order for several products with different delivery times, provided that the trader clearly informed the consumer of this beforehand, prior to the ordering process.
• If the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by the consumer, received the last shipment or the last part;
• For agreements concerning the regular delivery of products over a specific period: the day on which the consumer, or a third party designated by the consumer, received the first product.

For services and digital content not supplied on a tangible medium:

3. The consumer may terminate an agreement for services and an agreement for the supply of digital content not supplied on a tangible medium within 14 days without giving reasons. The trader may ask the consumer for the reason for withdrawal, but may not require them to state their reason(s).
4. The withdrawal period referred to in paragraph 3 begins on the day following the conclusion of the agreement.

Extended withdrawal period for products, services and digital content not supplied on a tangible medium when the consumer has not been informed about the right of withdrawal:

5. If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the withdrawal period shall expire twelve months after the end of the original withdrawal period established in accordance with the preceding paragraphs of this article.
6. If the trader has provided the consumer with the information referred to in the preceding paragraph within twelve months of the start date of the original withdrawal period, the withdrawal period shall expire 14 days after the day on which the consumer received that information.

Article 7 - Obligations of the consumer during the withdrawal period

1. During the withdrawal period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to establish its nature, characteristics and functioning. The guiding principle is that the consumer may only handle and inspect the product as they would be allowed to do in a shop.
2. The consumer is only liable for depreciation of the product resulting from handling the product in a manner that goes beyond what is permitted under paragraph 1.
3. The consumer is not liable for any depreciation of the product if the trader did not provide them, before or upon concluding the agreement, with all legally required information about the right of withdrawal.

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

1. If the consumer exercises their right of withdrawal, they shall notify the trader of this within the withdrawal period by means of the model withdrawal form or in another unambiguous manner. 

2. As soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to the trader (or an authorised representative of the trader). This is not required if the trader has offered to collect the product. The consumer has complied with the return period in any event if they return the product before the withdrawal period has expired.
3. The consumer shall return the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
4. The risk and burden of proof for the proper 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 it will bear the costs itself, the consumer shall not bear the return costs.
6. If the consumer withdraws after first expressly requesting that performance of the service or supply of gas, water or electricity that is not prepared for sale in a limited volume or specified quantity begin during the withdrawal period, the consumer shall owe the trader an amount proportionate to the part of the obligation performed by the trader at the time of withdrawal, compared with full performance of the obligation.
7. The consumer shall bear no costs for the performance of services or the supply of water, gas or electricity that are not prepared for sale in a limited volume or specified quantity, or for the supply of district heating, if:

• The trader has not provided the consumer with the legally required information about the right of withdrawal, reimbursement of costs upon withdrawal or the model withdrawal form; or
• The consumer did not expressly request that performance of the service or supply of gas, water, electricity or district heating begin during the withdrawal period.

8. The consumer shall bear no costs for the full or partial delivery of digital content not supplied on a tangible medium if:

 

• He did not expressly consent before delivery to the agreement being performed before the end of the withdrawal period;
• He has not acknowledged that he loses his right of withdrawal upon granting his consent; or
• The trader failed to confirm this declaration by the consumer.

9. If the consumer exercises the right of withdrawal, all supplementary agreements shall be automatically terminated.

Article 9 - Trader’s obligations in the event of withdrawal

1. If the trader enables the consumer to submit the notification of withdrawal electronically, the trader shall promptly send an acknowledgement of receipt after receiving this notification.
2. The trader shall reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without undue delay and in any event no later than 14 days after the day on which the consumer notifies them of the withdrawal. Unless the trader offers to collect the product themselves, they may wait with the refund until they have received the product or until the consumer demonstrates that they have returned the product, whichever is earlier.
3. The trader shall use the same means of payment for the refund as the consumer used, unless the consumer agrees to another method. The refund shall be free of charge to the consumer.
4. If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the trader does not have to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal

The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this when making the offer, or at least in good time before concluding the contract:

1. Products or services whose price depends on fluctuations in the financial market over which the trader has no control and which may occur during the withdrawal period
2. Contracts concluded at a public auction. A public auction means a method of sale whereby products, digital content and/or services are offered by the trader to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service contracts, after the service has been fully performed, but only if:

• Performance has begun with the consumer's express prior consent; and
• The consumer has declared that they lose their right of withdrawal as soon as the trader has fully performed the contract;

4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and contracts for passenger transport; 
5. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
6. Contracts relating to leisure activities, if the contract provides for a specific date or period of performance;
7. Products manufactured to the consumer's specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products that are unsuitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
10. Products that, after delivery, become inseparably mixed with other products by their nature;
11. Alcoholic beverages whose price was agreed upon when the agreement was concluded, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the entrepreneur has no influence;
12. Sealed audio or video recordings and computer software, the seal of which has been broken after delivery;
13. Newspapers, periodicals or magazines, excluding subscriptions to them;
14. The supply of digital content other than on a tangible medium, but only if:

• Performance has begun with the consumer's express prior consent; and
• The consumer has declared that they thereby waive their right of withdrawal.

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 when their prices are linked to fluctuations in the financial market over which the entrepreneur has no influence. This link to fluctuations, and the fact that any stated prices are indicative prices, will be stated in the offer.
3. Price increases within 3 months after the agreement is concluded are only permitted if they result from statutory regulations or provisions.
4. Price increases from 3 months after the agreement is concluded are only permitted if the entrepreneur has stipulated this and:

• This is the result of statutory regulations or provisions; or
• The consumer has the right to terminate the agreement effective from the day on which the price increase takes effect.

5. The prices stated in the offer for products or services include VAT.

All prices on our website are always stated as accurately as possible. However, when an obvious error, such as an unusually low price, is displayed on the website, the General Terms and Conditions are not binding on STEAMRS, and STEAMRS is not obliged to supply the items at the incorrect price. Please contact us if you have any doubts about the validity of an offer. 

Article 12 - Fulfillment of the agreement and additional guarantee

1. The business owner 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. If agreed, the business owner also guarantees that the product is suitable for use other than normal use.
2. An additional guarantee provided by the business owner, its supplier, manufacturer or importer never limits the statutory rights and claims that the consumer may assert against the business owner under the agreement if the business owner has failed to fulfill its part of the agreement.
3. An additional guarantee means any commitment by the business owner, its supplier, importer or producer under which it grants the consumer certain rights or claims that go beyond what it is legally required to provide if it has failed to fulfill its part of the agreement.

Article 13 - Delivery and performance

1. The business owner will exercise the utmost care when receiving and fulfilling orders for products and when assessing applications for the provision of services.
2. The delivery address is the address the consumer has provided to the business owner.
3. Subject to the provisions on this matter in Article 4 of these general terms and conditions, the business owner will process accepted orders promptly and no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without charge and to claim any applicable compensation.
4. After dissolution in accordance with the previous paragraph, the business owner will promptly refund the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with the business owner until the products are delivered to the consumer or a representative designated in advance and made known to the business owner, unless expressly agreed otherwise.

Article 14 - Ongoing transactions: duration, cancellation and renewal

Cancellation:

1. The consumer may terminate an agreement entered into for an indefinite term and concerning the regular delivery of products (including electricity) or services at any time, in accordance with the termination rules agreed for this purpose and with a notice period of no more than one month.
2. The consumer may terminate an agreement entered into for a fixed term and concerning the regular delivery of products (including electricity) or services at any time at the end of the fixed term, in accordance with the termination rules agreed for this purpose and with a notice period of no more than one month.
3. The consumer may terminate the agreements referred to in the previous paragraphs:

• Terminate at any time and not be limited to termination at a specific time or during a specific period;
• At least terminate in the same manner in which it was entered into;
• Always terminate with the same notice period as the trader has stipulated for themselves.

Extension:

4. An agreement entered into for a fixed term and concerning the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
5. By way of derogation from the previous paragraph, an agreement entered into for a fixed term and concerning the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed term of no more than 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.
6. An agreement entered into for a fixed term and concerning the regular delivery of products or services may only be tacitly extended for an indefinite term if the consumer may terminate it at any time with a notice period of no more than one month. The notice period is no more than three months if the agreement concerns the regular delivery, but less than once a month, of daily, news and weekly newspapers and magazines.
7. An agreement for a limited term concerning the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.

Term:

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

Article 15 - Payment

1. Unless otherwise stipulated in the agreement or supplementary terms, amounts owed by the consumer must be paid within 14 days after the withdrawal period begins, or, if there is no withdrawal period, within 14 days after the agreement is concluded. In the case of an agreement for the provision of a service, this period begins on the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the consumer may never be required by general terms and conditions to pay more than 50% in advance. If advance payment has been agreed, the consumer may not assert any rights concerning the performance of the relevant order or service(s) until the agreed advance payment has been made.
3. The consumer is obliged to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.
4. If the consumer fails to meet their payment obligation(s) on time, they will, after the entrepreneur has pointed out the late payment and granted the consumer a period of 14 days to still meet their payment obligations, owe statutory interest on the outstanding amount after payment has not been made within this 14-day period, and the entrepreneur will be entitled to charge the extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the following € 5,000, with a minimum of € 40. The entrepreneur may deviate from these amounts and percentages in favor of the consumer.

Article 16 - Complaints Procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur in full and clearly described within a reasonable period after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within 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.
4. A complaint about a product, service, or the entrepreneur's service can also be submitted via a complaints form on the consumer page of the Thuiswinkel.org website, www.thuiswinkel.org. The complaint will then be sent both to the relevant entrepreneur and to Thuiswinkel.org.
5. The consumer must in any event allow the trader at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute eligible for the dispute resolution procedure arises.

Complaints can also be submitted via the European ODR platform (http://ec.europa.eu/odr).

Article 17 - Disputes

1. Agreements between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.
2. Disputes between the consumer and the trader concerning the formation or performance of agreements relating to products and services to be supplied or supplied by this trader may, subject to the provisions below, be submitted by either the consumer or the trader to the Thuiswinkel Disputes Committee, PO Box 90600, 2509 LP The Hague (www.sgc.nl).
3. The Disputes Committee will only consider a dispute if the consumer has first submitted their complaint to the trader within a reasonable period.
4. If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or in another form determined by the Committee no later than 12 months after the date on which the consumer submitted the complaint to the trader.
5. If the consumer wishes to submit a dispute to the Disputes Committee, the trader is bound by this choice. The consumer should preferably notify the trader of this first.
6. If the trader wishes to submit a dispute to the Disputes Committee, the consumer must state in writing, within five weeks of the trader's written request to that effect, whether they also wish to do so or whether they wish to have the dispute handled by the competent court. If the trader does not receive the consumer's choice within the five-week period, the trader is entitled to submit the dispute to the competent court. 
7. The Disputes Committee shall issue its decision subject to the conditions set out in the Disputes Committee's regulations (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the Disputes Committee are issued by way of binding advice.
8. The Disputes Committee will not deal with a dispute, or will discontinue its handling, if the trader has been granted a suspension of payments, has been declared bankrupt, or has effectively ceased its business activities before the Committee has heard the dispute at the hearing and issued a final decision.
9. If, in addition to the Thuiswinkel Disputes Committee, another recognized disputes committee or one affiliated with the Foundation for Consumer Disputes Committees (SGC) or the Financial Services Complaints Institute (Kifid) has jurisdiction, the Thuiswinkel Disputes Committee shall have preferred jurisdiction for disputes primarily concerning the method of sale or the provision of services at a distance. The other recognized disputes committee or one affiliated with the SGC or Kifid shall have jurisdiction over all other disputes.

Article 18 - Industry Guarantee

1. Thuiswinkel.org guarantees that its members will comply with the binding decisions of the Thuiswinkel Disputes Committee, unless the member decides to submit the binding decision to the court for review within two months of its dispatch. This guarantee shall be reinstated if the binding decision remains in force after review by the court and the judgment confirming this has become final and conclusive. Thuiswinkel.org shall pay the consumer up to a maximum amount of €10,000 per binding decision. For amounts exceeding €10,000 per binding decision, €10,000 shall be paid. For the remainder, Thuiswinkel.org shall use its best efforts to ensure that the member complies with the binding decision.
2. To invoke this guarantee, the consumer must submit a written claim to Thuiswinkel.org and assign their claim against the trader to Thuiswinkel.org. If the claim against the trader exceeds €10,000, the consumer shall be offered the option of assigning to Thuiswinkel.org the portion of their claim exceeding €10,000, after which this organization shall, in its own name and at its own expense, seek payment thereof through the courts for the benefit of the consumer.

Article 19 - Additional or deviating provisions

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 the consumer can store them accessibly on a durable medium.

Article 20 - Amendment of the Thuiswinkel General Terms and Conditions

1. Thuiswinkel.org shall not amend these general terms and conditions other than in consultation with the Consumers' Association.
2. Amendments to these terms and conditions shall only take effect after they have been published in an appropriate manner, on the understanding that, in the event of applicable amendments during the term of an offer, the provision most favorable to the consumer shall prevail.


Thuiswinkel.org
www.thuiswinkel.org
Horaplantsoen 20, 6717 LT Ede
P.O. Box 7001, 6710 CB Ede