Terms and Conditions
General Terms and Conditions – Verpakkingdeals.nl (TBRA International)
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 – Consumer's obligations during the cooling-off period
Article 8 – Consumer's exercise of the right of withdrawal and associated costs
Article 9 – Entrepreneur's obligations upon withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Performance and extra guarantee
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 differing provisions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Ancillary agreement: an agreement by 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 entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;
Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Long-term agreement: an agreement that extends to the regular delivery of goods, services and/or digital content over a specified period;
Durable data carrier: any tool – 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 unchanged reproduction of the stored information;
Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services remotely to consumers;
Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement, exclusively or partly one or more techniques for distance communication are used;
Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions;
Technique for distance communication: means that can be used for concluding an agreement without the consumer and entrepreneur having to be together in the same room simultaneously.
Article 2 – Identity of the entrepreneur
TBRA International, trading under the name Verpakkingdeals.nl
Verpakkingdeals.nl is the consumer webshop of TBRA International. The agreement is concluded with TBRA International. Business purchases are made through our wholesaler brameho.nl; these consumer terms and conditions do not apply to those purchases.
Registered office and visiting address:
Populierenlaan 49
1911 BK Uitgeest
Netherlands
Phone number: +31 (0)251 272 413
Email address: info@verpakkingdeals.nl
Webshop: www.verpakkingdeals.nl
Chamber of Commerce number: 67708765
VAT identification number: NL002390813B72
Article 3 – Applicability
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.
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 indicate, before the distance contract is concluded, 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.
If the distance contract is concluded electronically, in deviation 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, before the distance contract is concluded, it will be indicated 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.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to them in case of conflicting conditions.
Article 4 – The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly 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 allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
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
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfills the conditions set therein.
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.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
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, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
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:
the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
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;
the information about guarantees and existing after-sales service;
the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is for an indefinite period;
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
For products:
The consumer can dissolve an agreement concerning the purchase of a product during a cooling-off period of 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but cannot oblige them to state their reason(s).
The cooling-off period mentioned in paragraph 1 begins 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 several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order of several 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 him, has received the last shipment or the last part;
in agreements for regular delivery of products over a specified period: the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content not supplied on a tangible medium:
The consumer can dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium for a minimum of 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).
The cooling-off period mentioned in paragraph 3 begins on the day following the conclusion of the agreement.
Extended cooling-off period for products, services and digital content not supplied on a tangible medium if information about the right of withdrawal is not provided:
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 previous paragraphs of this article.
If the entrepreneur has provided the consumer with the information referred to in the preceding paragraph within twelve months of 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 – Consumer's obligations during the cooling-off period
During the cooling-off 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 functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
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.
The consumer is not liable for diminished value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 – Consumer's exercise of the right of withdrawal and associated costs
If the consumer makes use of their right of withdrawal, they must notify the entrepreneur within the cooling-off period by means of the model withdrawal form or by other unambiguous means.
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.
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.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not notified the consumer that they must bear these costs, or if the entrepreneur indicates that they will bear the costs themselves, the consumer does not have to bear the costs for return shipping.
If the consumer withdraws after having first expressly requested that the performance of the service or the supply of gas, water or electricity not prepared for sale in a limited volume or specific quantity commences during the cooling-off period, the consumer owes the entrepreneur an amount proportionate to that part of the obligation fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation.
The consumer bears no costs for the performance of services or the supply of water, gas or electricity, which are not prepared for sale in a limited volume or quantity, or for the supply of district heating, if:
the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the compensation for costs upon withdrawal or the model withdrawal form, or;
the consumer has not expressly requested the commencement of the performance of the service or the supply of gas, water, electricity or district heating during the cooling-off period.
The consumer bears no costs for the full or partial supply of digital content not supplied on a tangible medium, if:
he has not expressly agreed to the commencement of the performance of the agreement before the end of the cooling-off period;
he has not acknowledged losing his right of withdrawal when granting his consent; or
the entrepreneur has failed to confirm this statement from the consumer.
If the consumer exercises their right of withdrawal, all ancillary agreements are dissolved by operation of law.
Article 9 – Entrepreneur's obligations upon withdrawal
If the entrepreneur makes the consumer's withdrawal notification possible electronically, they will immediately send an acknowledgment of receipt after receiving this notification.
The entrepreneur will reimburse all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without undue delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may delay reimbursement until they have received the product or until the consumer demonstrates that they have returned the product, whichever is earlier.
The entrepreneur will use the same payment method for reimbursement that the consumer used, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
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 – Exclusion of the right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this with the offer, or at least in good time before the conclusion of the agreement:
Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which can occur within the withdrawal period;
Agreements concluded during a public auction. A public auction means a sales method whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or has 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;
Service agreements, after full performance of the service, but only if:
the performance has begun with the express prior consent of the consumer; and
the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the agreement;
Package travel as referred to in Article 7:500 of the Dutch Civil Code and agreements for passenger transport;
Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, freight transport, car rental services and catering;
Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance thereof;
Products manufactured to consumer specifications, which are not prefabricated and are manufactured based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products that are irrevocably mixed with other products after delivery due to their nature;
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;
Sealed audio, video recordings, and computer software whose seal has been broken after delivery;
Newspapers, periodicals, or magazines, with the exception of subscriptions thereto;
The delivery of digital content other than on a tangible medium, but only if:
the performance has begun with the consumer's explicit prior consent; and
the consumer has declared that he thereby loses his right of withdrawal.
Explanation from Verpakkingdeals.nl: of the above options, we apply three in practice: sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery; products manufactured to consumer specifications; and sealed audio, video, and software carriers whose seal has been broken after delivery. An item is never excluded from the right of withdrawal with us because it was discounted, on sale, or purchased as part of an offer.
Article 11 – The price
During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
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 stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. these are the result of legal regulations or provisions; or
b. the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
Article 12 – Performance of the agreement and extra warranty
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 of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
An extra warranty provided by the entrepreneur, his 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 fulfill his part of the agreement.
An extra warranty means any commitment by the entrepreneur, his supplier, importer, or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfill his part of the agreement.
Article 13 – Delivery and execution
The entrepreneur will observe the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the entrepreneur.
With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will receive notification thereof no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and to claim any compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
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 made known to the entrepreneur, unless expressly agreed otherwise.
Article 14 – Long-term transactions: duration, termination and extension
Termination:
The consumer can terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of agreed termination rules and a notice period of no more than one month.
The consumer can terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time at the end of the definite period with due observance of agreed termination rules and a notice period of no more than one month.
The consumer can terminate the agreements mentioned in the previous paragraphs:
at any time and not be limited to termination at a specific time or in a specific period;
at least in the same way as they were entered into by him;
always with the same notice period as the entrepreneur has stipulated for himself.
Extension:
An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.
Notwithstanding the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of 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.
An agreement entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month. The notice period is a maximum of three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for familiarization purposes (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.
Duration:
If an agreement has a duration of 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 duration.
Article 15 – Payment
Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, 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.
When selling products to consumers, the consumer may 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 right regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
If the consumer does not meet his payment obligation(s) on time, he will, after being notified by the entrepreneur of the late payment and after the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, owe the statutory interest on the outstanding amount if payment is not made within this 14-day period, and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. 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 can deviate from the stated amounts and percentages in favor of the consumer.
Article 16 – Complaints procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure. Our complaints procedure is described on the Customer Service page.
Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur, via info@verpakkingdeals.nl, within a reasonable time after the consumer has discovered the defects.
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 a message of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after submitting the complaint, a dispute arises that is subject to the dispute settlement procedure.
Article 17 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
The consumer can also register a dispute via the European ODR platform for online dispute resolution: https://ec.europa.eu/consumers/odr
Article 18 – Additional or differing 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 they can be stored by the consumer in an accessible manner on a durable data carrier.