Terms and Conditions
Table of Contents
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - 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, return, 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:
1. Reflection period: the period within which the consumer can make use of his right of withdrawal; Read all about the reflection period.
2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
5. Durable medium: any instrument that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation and unchanged reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the reflection period;
7. Model form: the model withdrawal form provided by the entrepreneur that a consumer can fill in when he wishes to make use of his right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance contract: a contract whereby, in the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract;
10. Technique for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur having gathered in the same space simultaneously.
11. General Terms and Conditions:
the present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Frylics
De aar 89
8253PN Dronten
The Netherlands
(no visiting address)
Email: info@frylics.nl
KVK (Chamber of Commerce): 89322347
VAT: NL004716898B41
Article 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order established between the entrepreneur and the consumer.
2. 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
4. In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and the consumer can always rely on the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, then the agreement and these terms and conditions shall otherwise remain in effect and the provision in question shall be replaced by mutual agreement without delay by a provision that approximates the scope of the original as closely as possible.
6. Situations not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
7. Ambiguities about the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.
Article 4 - The offer
1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
4. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
5. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors correspond exactly to the real colors of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations 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 what actions are required for this; whether or not the right of withdrawal is applicable; 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 rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular base rate for the communication medium used; whether the agreement is archived after conclusion, and if so, how it can be consulted by the consumer; the way in which the consumer, before concluding the agreement, can check and, if desired, correct the data provided by him in the context of the agreement; any other languages in which, besides Dutch, the agreement can be concluded; the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and the minimum duration of the distance contract in the case of a duration transaction.
Article 5 - The agreement
1. Subject to the provisions in paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
2. 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.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect 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 for this.
4. Within legal frameworks, the entrepreneur can inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good grounds on the basis of this investigation not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the execution.
5. The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer 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 way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal; information about warranties and existing after-sales service; the information included in Article 4, paragraph 3 of these terms and conditions, 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.
6. In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
7. Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.
Article 6 - Right of withdrawal for the delivery of products:
When purchasing products, the consumer has the possibility to dissolve the agreement without giving reasons for 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
2. During the reflection 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 makes use of his right of withdrawal, he will return the product with all supplied accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known using the return form or another means of communication such as via email. After the consumer has made known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of dispatch.
4. If, after the expiry of the periods mentioned in paragraphs 2 and 3, the customer has not made known that he wishes to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
For the delivery of services:
1. For the delivery of services, the consumer has the possibility to dissolve the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.
2. To make use of his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.
Article 7 - Costs in case of withdrawal
1. If the consumer makes use of his right of withdrawal, the costs of return shipping will be at most for his account.
2. 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. A condition is that the product has already been received back by the web shop owner or conclusive proof of complete return can be provided.
3. In case of damage to the product due to careless handling by the consumer himself, the consumer is liable for any depreciation in value of the product.
4. The consumer cannot be held liable for depreciation in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal; this must be done before the conclusion of the purchase agreement.
Article 8 - Exclusion of the right of withdrawal
1. The entrepreneur can 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, at least in good time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products: which have been manufactured by the entrepreneur in accordance with the consumer's specifications; which are clearly personal in nature; which cannot be returned due to their nature; for hygienic products of which the consumer has broken the seal.
Article 9 - The price
1. During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. 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 statutory regulations or provisions; or the consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT, unless the consumer or entrepreneur is located outside the European (Internal) Market.
6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and warranty
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 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.
2. 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 on the basis of the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 weeks of delivery. Products must be returned in their original packaging and in new condition.
4. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if: the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties; the delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the instructions of the entrepreneur and/or have been treated on the packaging; the defect is entirely or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.
Article 11 - Delivery, return, and execution
The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The address that the consumer has made known to the company is the place of delivery.
3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders with reasonable speed but no later than 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or only partially, the consumer will receive notification of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to any compensation.
4. All delivery periods are indicative. The consumer cannot derive any rights from any mentioned periods. Exceeding a period does not give the consumer the right to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
6. If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement item. It will be reported in a clear and understandable manner at the latest upon delivery that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
8. If a consumer or business party discovers that products are damaged or broken upon delivery, this must be reported to the entrepreneur within a reasonable period of no later than 3 days after receipt. This enables the entrepreneur to submit a claim to the insurance company. If the report is made after this 3-day period, the entrepreneur will make an effort to still provide a solution. If this is no longer possible due to the expiration of the insurer's deadline, the entrepreneur can no longer reimburse the damage.
9. If the consumer orders products from a country outside the European Union, the consumer is personally responsible for paying any import duties, taxes, and customs fees upon receipt of the goods in the country of destination.
10. If the consumer opts for delivery to a parcel point and does not collect the package within the set period, resulting in it being returned to Frylics, the agreement will not be dissolved and Frylics will contact the consumer to arrange for the package to be resent upon request, with the costs for this new shipment being entirely for the account of the consumer and payable in advance.
11. If a package is returned to Frylics for any reason whatsoever, and we are unable to contact the consumer after repeated attempts within one month, the agreement will be considered dissolved. In that case, the purchase amount will be refunded after deduction of the actual transport, transaction, and return costs.
Article 12 - Duration transactions: duration, termination, and extension
Termination
1. The consumer may terminate an agreement entered into for an indefinite period 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.
2. The consumer may terminate an agreement entered into for a definite period which extends to the regular delivery of products (including electricity) or services at any time towards the end of the definite period, with due observance of agreed termination rules and a notice period of no more than one month.
3. The consumer may 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 terminate in the same way as they were entered into by him; always terminate with the same notice period as the entrepreneur has stipulated for himself.
Extension
1. An agreement entered into for a definite period which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
3. An agreement entered into for a definite period 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, and a notice period of no more than 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.
4. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be continued tacitly and ends automatically after the end of the trial or introductory period.
Duration
1. 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 13 - Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.
2. The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
3. In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs previously made known to the consumer.
Article 14 - 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 implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months after the consumer has discovered the defects.
3. 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 answer within the 14-day period with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
5. For complaints, a consumer should first turn to the entrepreneur. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found valid by the entrepreneur, the entrepreneur will, at its option, either replace or repair the delivered products free of charge.
Article 15 - Disputes
1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. This also applies if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.
Article 16 - 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 they can be stored by the consumer in an accessible manner on a durable data carrier.

















