Old for New Scheme
Home2Link is affiliated with Stichting Open, and as such, we are registered as a producer/importer of electrical and electronic devices in the national (W)EEE Register. We are also connected with Stichting LightRec for the registration of the lamps we market.
Through the Old for New scheme, we enable customers to trade in old small electrical and electronic devices when purchasing new ones, so that they can be recycled or disposed of in an environmentally friendly manner according to legal regulations. Click for more information.
General Terms and Conditions
Download General Terms and Conditions Home2Link |
General Terms and Conditions Home2Link B.V.
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 - Costs in Case of Withdrawal
Article 8 - Exclusion of the Right of Withdrawal
Article 9 - The Price
Article 10 - Conformity and Warranty
Article 11 - Delivery and Execution
Article 12 - Duration Transactions: Duration, Termination, and Extension
Article 13 - Payment
Article 14 - Complaints Procedure
Article 15 - Disputes
Article 16 - Additional or Deviating Provisions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
- Cooling-off Period: the period within which the consumer can exercise the right of withdrawal;
- Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur;
- Day: calendar day;
- Duration Transaction: a distance contract concerning a series of products and/or services, where the delivery and/or purchase obligation is spread over time;
- Durable Data Carrier: any medium that enables the consumer or entrepreneur to store information personally addressed to them in a way that allows future consultation and unchanged reproduction of the stored information.
- Right of Withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
- Model Form: the model form for withdrawal provided by the entrepreneur that a consumer can fill out when they wish to exercise their right of withdrawal.
- Entrepreneur: the natural or legal person offering products and/or services at a distance to consumers;
- Distance Contract: a contract in the context of a distance selling system organized by the entrepreneur for the sale of products and/or services, where the agreement is concluded exclusively using one or more techniques for distance communication;
- Technique for Distance Communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously present in the same physical location.
- General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the Entrepreneur
Home2Link B.V. | |
Registered Address: | Visiting Address: |
Tingietersweg 107 | Tingietersweg 107 |
2031ER HAARLEM | 2031ER HAARLEM |
Phone Number: | 085-029 0578 |
Opening Hours: | Monday to Friday from 9:00 to 17:00. |
Email Address: | [email protected] |
Chamber of Commerce Number: | 70620326 |
VAT Identification Number: | NL858397262B01 |
Article 3 - Applicability
- These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement and order between the entrepreneur and the consumer.
- Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the general terms and conditions can be viewed at the entrepreneur’s premises and will be sent to the consumer free of charge as soon as possible upon request.
- If the distance agreement is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph, be made available to the consumer electronically in such a way that it can be stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge upon request.
- In the event that specific product or service terms and conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and the consumer may always invoke the provision that is most favorable to them in case of conflicting general terms and conditions.
- If one or more provisions in these general terms and conditions are wholly or partially void or annulled at any time, the remainder of the agreement and these terms and conditions shall remain in force, and the relevant provision shall be replaced promptly in mutual consultation by a provision that approximates the original intent as closely as possible.
- Situations not covered by these general terms and conditions shall be assessed in the spirit of these general terms and conditions.
- Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted in the spirit of these general terms and conditions.
Article 4 - The Offer
- If an offer has a limited validity or is subject to conditions, this will be explicitly stated in the offer.
- The offer is non-binding. The entrepreneur is entitled to modify and adapt the offer.
- The offer contains a complete and accurate description of the offered products and/or services. The description is detailed enough to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Apparent mistakes or errors in the offer do not bind the entrepreneur.
- All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.</li >
- Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
- Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- any shipping costs;
- the manner in which the agreement will be concluded and which actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery, and execution of the agreement;
- the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
- the amount of the rate for distance communication if the costs of using the distance communication technique are calculated on a basis other than the regular basic rate for the communication medium used;
- whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer;
- the way in which the consumer can check and, if desired, correct the data provided by them in the context of the agreement before concluding the agreement;
- any other languages in which, besides Dutch, the agreement can be concluded;
- the codes of conduct to which the entrepreneur has subjected themselves and how the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance agreement in the case of a duration transaction.
- available sizes, colors, types of materials.
- Old for New: individuals may send us their discarded electronic device free of charge upon delivery of a comparable new device.
Article 5 - The Agreement
- The agreement is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the conditions set forth.
- If the consumer has accepted the offer electronically, the entrepreneur shall promptly 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 may dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.
- Within legal frameworks, the entrepreneur may ascertain whether the consumer can meet their payment obligations, as well as any facts and factors that are relevant for responsibly entering into a distance agreement. If the entrepreneur has good reasons based on this investigation 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 shall provide the consumer with the following information in writing or in a manner that allows the consumer to store it in an accessible manner on a durable medium:
- 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;
- information on warranties and existing after-sales service;
- the data included in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
- In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
- Each agreement is entered into under the suspensive condition of sufficient availability of the relevant products.
Article 6 - Right of Withdrawal
For the delivery of products:
- When purchasing products, the consumer has the option to dissolve the agreement without providing reasons within 14 days. This reflection period begins the day after the consumer receives the product or a representative designated and notified by the consumer.
- During the reflection period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer exercises their right of withdrawal, they will return the product with all delivered accessories and, if reasonably possible, in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
- If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. Notification should be made using the model form. After notifying the entrepreneur of the intention to withdraw, the consumer must return the product within 14 days. The consumer must provide proof that the items have been returned in time, for example, by providing proof of shipment.
- If the consumer does not notify their intention to exercise their right of withdrawal or return the product within the time limits set in paragraphs 2 and 3, the purchase is final.
For the delivery of services:
- For the delivery of services, the consumer has the option to dissolve the agreement without providing reasons within at least 14 days, starting from the day of entering into the agreement.
- To exercise their right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest at delivery.
Article 7 - Costs in the Event of Withdrawal
- If the consumer exercises their right of withdrawal, the maximum costs of return shipping are the consumer's responsibility.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is provided that the product has already been received by the retailer or conclusive proof of complete return can be provided.
Article 8 - Exclusion of the Right of Withdrawal
- The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer or at least in a timely manner before concluding the agreement.
- Exclusion of the right of withdrawal is only possible for products:
- that have been created by the entrepreneur according to consumer specifications;
- that are clearly personal in nature;
- that, by their nature, cannot be returned;
- that can spoil quickly or become outdated;
- whose price is subject to fluctuations in the financial market over which the entrepreneur has no control;
- for loose newspapers and magazines;
- for audio and video recordings and computer software where the consumer has broken the seal.
- for hygienic products where the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- related to accommodation, transport, restaurant services, or leisure activities to be provided on a specific date or during a specific period;
- where the delivery has started with the consumer’s explicit consent before the reflection period has expired;
- related to betting and lotteries.
- Business orders.
Article 9 - The Price
- During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
- Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices that are subject to fluctuations in the financial market over which the entrepreneur has no control. This dependency on fluctuations and the fact that any mentioned prices are indicative 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:
- they are the result of legal regulations or provisions; or
- the consumer has the right to terminate the agreement from the day the price increase takes effect.
- The prices mentioned in the offer of products or services are inclusive of VAT.
- All prices are subject to typographical and printing errors. The entrepreneur accepts no liability for the consequences of typographical and printing errors. In case of typographical and printing errors, the entrepreneur is not obligated to supply the product at the incorrect price.
Article 10 - Conformity and Warranty
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.
- A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.
- Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. Returns must be made in the original packaging and in new condition.
- The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.
- The warranty does not apply if:
- the consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
- the delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the entrepreneur’s instructions and/or packaging;
- the defect is wholly or partly the result of regulations imposed or to be imposed by the government concerning the nature or quality of the materials used.
Article 11 - Delivery and Execution
- The entrepreneur will exercise the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.
- The place of delivery is the address that the consumer has notified to the company.
- Subject to the provisions in paragraph 4 of this article, the company will execute accepted orders with due speed but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer will be notified within 30 days after placing the order. In such a case, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation.
- All delivery times are indicative. The consumer cannot derive any rights from any mentioned times. Exceeding a time limit does not entitle the consumer to compensation.
- In the event of termination in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
- If delivery of an ordered product proves to be impossible, the entrepreneur will strive to make a replacement item available. At the latest upon delivery, it will be clearly and understandably indicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The cost of any return shipping is borne by the entrepreneur.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and notified representative, unless expressly agreed otherwise.
Article 12 - Duration Transactions: Duration, Termination, and Extension
Termination
- The consumer can terminate an agreement that has been entered into for an indefinite period and which involves the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of no more than one month.
- The consumer can terminate an agreement that has been entered into for a fixed term and which involves the regular delivery of products (including electricity) or services at any time, at the end of the fixed term, observing the 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 is not limited to termination at a specific time or within a specific period;
- at least in the same manner as they were entered into;
- always with the same notice period as the entrepreneur has stipulated for themselves.
Extension
- An agreement that has been entered into for a fixed term and which involves the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed term.
- Contrary to the previous paragraph, an agreement that has been entered into for a fixed term and which involves the regular delivery of daily, news, and weekly newspapers and magazines may be automatically extended for a fixed term of up to 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 that has been entered into for a fixed term and which involves the regular delivery of products or services may only be automatically extended for an indefinite duration if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the case of agreements that involve 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 introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be automatically renewed and will end automatically 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 fairness and reasonableness oppose termination before the end of the agreed duration.
Article 13 - Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
- The consumer has the obligation to promptly report inaccuracies in provided or stated payment details to the entrepreneur.
- In case of non-payment by the consumer, the entrepreneur, subject to legal limitations, has the right to charge reasonable costs previously communicated to the consumer.
- For payment via Afterpay, the payment terms of Afterpay apply, and the claim of Home2Link B.V. will be transferred to Afterpay.
Article 14 - Complaints Procedure
- The entrepreneur has a sufficiently known complaints procedure and handles complaints in accordance with this procedure.
- Complaints about the execution of the agreement must be submitted to the entrepreneur in full and clearly described within 7 days 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 an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
- If the complaint cannot be resolved through mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
- In case of complaints, a consumer should first contact the entrepreneur. Complaints that cannot be resolved through mutual consultation may be submitted via the European ODR platform (http://ec.europa.eu/odr).
- A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.
- If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their choice, either replace or repair the delivered products free of charge.
Article 15 - Disputes
- On agreements between the entrepreneur and the consumer to which these general terms and conditions apply, only Dutch law is applicable, even if the consumer resides abroad.
- The Vienna Sales Convention does not apply.
Article 16 - Additional or Deviating Provisions
Additional or deviating provisions 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 medium.