Terms and Conditions
General Terms and Conditions of Frisian Tiles
Most recently changed on 29-11-2012
Article 1 - Definitions
Article 2 - The Entrepreneur’s identity
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
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 Guarantee
Article 11 - Delivery and execution
Article 12 - Continuing performance contract
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 – Additional or varying provisions
Article 1 – Definitions
In these Terms and Conditions, the following terms shall have the following
1. Entrepreneur: the natural of legal person affiliated with providing distance
products and/or services to consumers;
2. Consumer: the natural person not acting in the exercise of his/her
profession or business and entering into a distance contract with the
3. Distance Contract: a contract in which, up to the conclusion of the
contract, exclusive use is made of one or more technologies of distance
communication within the scope of the system organised by the
Entrepreneur for distance sale of products and/or services;
4. Technology for distance communication: a means to be used for concluding
an agreement, without the Consumer and the Entrepreneur being together
in the same place at the same time.
5. Cooling-off period: the period during which the Consumer may exercise the
right of withdrawal;
6. Right of withdrawal: the option for Consumers to withdraw from the
distance contract within the cooling-off period;
7. Day: calendar day;
8. Continuing performance contract: a distance contract concerning a series
of products and/or services, for which the offer and/or purchasing
obligation is spread over a longer period;
9. Long-term data carrier: any means that allow the Consumer or the
Entrepreneur to store information directed to him/her personally in a way
to make future consultation and unaltered reproduction of the stored
Article 2 – The Entrepreneur’s identity
Jan de Vries, Frisian Tiles
Greate Buorren 13, 9024 EJ, Weidum, the Netherlands;
Tel: +31 61 085 2888 during workdays from 10:00 till 18:00 GMT
E-mail address: email@example.com
Dutch Chamber of Commerce reg. no.: 52658252
VAT identification no.: NL109949122B01
If the Entrepreneur’s activity is subject to a relevant licensing regime: information about the supervising authority;
If the Entrepreneur practises a regulated profession:
- the professional association or organisation of which he is a member;
- the title of his profession, the place in the EU or the EEA where it is awarded;
- a reference to the rules of professional practice which are applicable in the
Netherlands and information about where and how these professional rules can be
Article 3 – Applicability
1. These General Terms and Conditions apply to any offer from the Entrepreneur and to
any distance contract concluded by the Entrepreneur and the Consumer.
2. Before concluding a distance contract, the Entrepreneur shall make the text of these
General Terms and Conditions available to the Consumer. If this is reasonably not
possible, the Entrepreneur, before concluding the distance contract, shall notify that
the General Terms and Conditions can be inspected at the Entrepreneur´s and that, at
the Consumer´s request, they will be sent to the Consumer free of charge as soon as
3. If the distance contract is concluded electronically, the text of these General Terms
and Conditions, in deviation from the previous section and before the distance
contract is concluded, may also be supplied to the Consumer electronically in such a
way that the Consumer can easily store it on a long-term data carrier. If this is
reasonably impossible, it will be specified where the General Terms and Conditions
can be viewed electronically before concluding the distance contract, and that they
will be delivered at the Consumer´s request free of charge, either via electronic means
4. If in addition to these General Terms and Conditions specific product or service
conditions apply, the second and third paragraphs shall apply accordingly, and in the
event of contradictory General Terms and Conditions, the Consumer may always
appeal to the applicable provision that is most favourable to him/her.
Aticle 4 – The offer
1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly
stated in the offer.
2. The offer contains a full and accurate description of the products and/or services
offered. The description is suitably detailed to enable the Consumer to assess the
products and/or services adequately. If the Entrepreneur makes use of pictures, they
are truthful images of the products and/or services provided. Obvious errors or
mistakes in the offer are not binding for the Entrepreneur.
3. All offers contain such information that it is clear to the Consumer what rights and
duties are attached to accepting the offer. This involves in particular:
● the price, including taxes;
● any delivery costs, if applicable;
● the way in which the agreement will be concluded, and what actions are needed to
● whether or not the right of withdrawal is applicable;
● the form of payment, delivery or performance of the contract;
● the time frame for accepting the offer, or , as the case may be, the time frame for
honouring the price;
● the rate of distance communication if the costs for using the technology for
distance communication are calculated on a basis other than the basic rate;
● if the contract is filed after conclusion, how the Consumer can consult it;
● the manner in which the Consumer may acquaint him/herself with undesired
actions before concluding the contract, and the way the Consumer may correct
these actions before the contract is concluded;
● any languages other than Dutch in which the contract can be concluded;
● the codes of conduct to which the Entrepreneur has submitted and the manner in
which the Consumer can consult these codes of conduct via electronic means, and
● the minimum duration of the distance contract in the event of a contract for
continuous or periodical delivery of products or services.
Article 5 – The contract
1. Subject to the provisions in paragraph 4, the contract becomes valid when the
Consumer has accepted the offer and fulfilled the terms and conditions set.
2. If the consumer accepted the offer via electronic means, the Entrepreneur shall
promptly confirm the receipt of the acceptance of the offer via electronic means. As
long as the receipt of said acceptance has not been confirmed, the Consumer may
repudiate the contract.
3. If the contract is concluded electronically, the Entrepreneur will take appropriate
technical and organisational security measures for the electronic data transfer and
ensure a safe web environment. If the Consumer can pay electronically, the
Entrepreneur shall observe appropriate security measures.
4. The Entrepreneur may, within the limits of the law, gather information about
Consumer’s ability to fulfil his payment obligations, as well as all facts and factors
relevant to responsibly concluding the distance contract. If, acting on the results of
this investigation, the Entrepreneur has sound reasons for not concluding the contract,
he is lawfully entitled to refuse an order or request while giving reasons, or to attach
special terms to the implementation.
5. The Entrepreneur shall send the following information along with the product or
service, in writing or in such a way that the Consumer can store it in an accessible
manner on a long-term data carrier:
a. the visiting address of the Entrepreneur´s business establishment where the
Consumer may get into contact for any complaints;
b. the conditions on which and the way in which the Consumer may exercise the right
of withdrawal, or, as the case may be, clear information about being exempted
from the right of withdrawal;
c. the information corresponding to existing after-sales services and guarantees;
d. the information as stated in article 4 paragraph 3 of these Terms and Conditions,
unless the Entrepreneur has already provided the Consumer with this information
before the performance of the contract;
e. the requirements for cancelling the contract if the contract has a duration of more
than one year or for an indefinite period of time.
6. If the Entrepreneur has undertaken to deliver a series of products or services, the
stipulation in the previous paragraph applies to the first delivery only.
Article 6 – Right of withdrawal
When delivering products:
1. When purchasing products, the Consumer has the option to repudiate the contract
without specifying any reasons for a period of at least 14 days. This period starts on
the day the product is received by or on behalf of the Consumer.
2. During this period, the Consumer shall handle the product and the packaging with
care. The Consumer shall only unpack or use the product to the extent necessary to
judge whether he or she wishes to keep the product. If wishing to exercise the right of
withdrawal, the Consumer shall return the product with all delivered accessories and,
as far as reasonably possible, in the original condition and packaging to the
Entrepreneur in conformity with the Entrepreneur´s reasonable and clear instructions.
When providing services:
3. When providing services, the Consumer has the option to repudiate the contract
without specifying any reasons, for a period of at least 14 days starting on the day of
concluding the contract.
4. To exercise the right of withdrawal, the Consumer shall follow the reasonable and
clear instructions given by the Entrepreneur in this context during the offer and/or
before the delivery.
Article 7 - Costs in case of withdrawal
1. Should the Consumer exercise the right of withdrawal, only the returning costs are at
the Consumer´s expense.
2. If the Consumer has made a payment, the Entrepreneur shall return this amount as
soon as possible, but within not more than 30 days after the return or withdrawal.
Article 8 - Exclusion of the right of withdrawal
1. If the Consumer does not have the right of withdrawal, the Entrepreneur can exclude
this right only if the Entrepreneur indicated this clearly in the offer or at least in good
time before concluding the contract.
2. Exclusion of the right of withdrawal is only possible for products:
a. that were realised according to the Consumer’s specifications;
b. that are obviously personal in nature;
c. that cannot be returned due to their nature;
d. that spoil or age quickly;
e. whose prices are subject to fluctuations in the financial market that are beyond the
f. for single newspapers and magazines;
g. for audio and video recordings and computer software of which the Consumer has
broken the seal;
3. Exclusion of the right of withdrawal is only possible for services
a. regarding accommodation, transportation, restaurant establishments or leisure
activities to be used or performed on a certain date or during a certain period;
b. of which the provision has been started with the Consumer’s explicit consent
before the expiration of the cooling-off period;
c. regarding betting and lotteries;
Article 9 - The price
1. The prices of the products and/or services provided shall not be raised during the
validity period stated in the offer, subject to changes in price due to changes in VAT
2. Contrary to the previous paragraph, the Entrepreneur may offer products or services
whose prices are subject to fluctuations in the financial market that are beyond the
Entrepreneur’s control, at variable prices. The offer will state the possibility of being
subject to fluctuations and the fact that any indicated prices are target prices.
3. Price increases within 3 months after concluding the contract are permitted only as a
result of new legislation.
4. Price increases from 3 months after concluding the contract are permitted only if the
Entrepreneur has stipulated it and
a. they are the result of legal regulations or stipulations, or
b. the Consumer has the authority to cancel the contract before the day on which the
price increase starts.
5. All prices indicated in the provision of products or services are including VAT.
Article 10 – Conformity and Guarantee
1. The Entrepreneur guarantees that the products and/or services comply with the
contract, with the specifications listed in the offer, with reasonable requirements of
usability and/or reliability and with the existing statutory provisions and/or
government regulations on the day the contract was concluded.
2. An arrangement offered as a guarantee by the Entrepreneur, Manufacturer or
Importer shall not affect the rights and claims the Consumer may exercise against the
Entrepreneur about a failure in the fulfilment of the Entrepreneur’s obligations based
on the law and/or the distance contract.
Article 11 – Delivery and execution
1. The Entrepreneur shall exercise the best possible care when booking and when
executing product orders, and when assessing requests for the provision of services.
2. The place of delivery is at the address given by the Consumer to the company.
3. With due observance of the stipulations in Article 4 of these General Terms and
Conditions, the Company shall execute accepted orders with convenient speed but at
least within 30 days, unless a longer delivery period was agreed. If the delivery has
been delayed, or if an order cannot be filled or can be filled only partially, the
Consumer shall be informed about this within one month after ordering. In such
cases, the Consumer is entitled to repudiate the contract free of charge and with the
right to possible compensation.
4. In the event of repudiation under the preceding paragraph, the Entrepreneur shall
return the payment made by the Consumer as soon as possible but at least within 30
days after repudiation.
5. If delivering an ordered product turns out to be impossible, the Entrepreneur shall
make an effort to offer an equivalent replacement product. Before the delivery, it
shall be reported in a clear and comprehensible manner that a replacement product
will be delivered. The right of withdrawal may not be excluded with replacement
products. The costs of the return shipment are to be borne by the Entrepreneur.
6. Unless explicitly agreed otherwise, the risk of loss of and/or damage to products shall
remain with the Entrepreneur until the time they are delivered to the Consumer.
Article 12 – Termcontracts: duration, termination and renewal
1. Regarding an indefinite contract, which extends to the regular delivery of products or
services the consumer may terminate at any time in compliance to the applicable
termination rules and a notice of up to one month.
2. Regarding a definite contract, which extends to the regular delivery of products or
services the consumer can terminate the contract at any time at the end of the fixed
term in compliance with the applicable termination rules and with a notice of at the
most one month.
3. If a contract lasts more than one year, after one year of the agreement the consumer
may at any time terminate with a notice of up to one month prematurely, unless the
reasonableness and fairness resisting the termination before the end of the agreed
Article 13 – Payment
1. Unless otherwise agreed, the amounts to be paid by the Consumer are to be settled
within 14 days after delivery of the goods, or in the event of an agreement to provide
a service, within 14 days after the delivery of documents relating to this service.
2. When selling products to Consumers, it is not permitted to negotiate an advance
payment of more than 50% in the General Terms and Conditions. When an advance
payment was agreed, the Consumer may not assert any right regarding the execution
of that order or the provision of the service in question before the agreed advance
payment has been made.
3. The Consumer has the duty to inform the Entrepreneur promptly of possible
inaccuracies in the payment details.
4. In case of nonpayment on the part of the Consumer, and subject to legal restrictions,
the Entrepreneur is entitled to charge any predetermined reasonable costs incurred to
Article 14 – Complaints procedure
1. The Entrepreneur shall have a sufficiently notified complaints procedure and shall
handle the complaint in accordance with this complaint procedure.
2. Complaints about the performance of the contract shall be submitted to the
Entrepreneur fully and clearly described within a reasonable time after the Consumer
has discovered the defects.
3. The complaints submitted with the Entrepreneur shall be replied within a period of 14
days after the date of receipt. Should a complaint demand a foreseeable longer time
for handling, the Entrepreneur shall respond within 14 days with a notice of receipt
and an indication when the Consumer can expect a more detailed reply.
4. If the complaint cannot be solved in joint consultation, there will be a dispute that is
open to the dispute settlement rules.
Article 15 - Disputes
1. Contracts between the Entrepreneur and the Consumer, to which these General Terms
and Conditions apply, are exclusively governed by Dutch law.
Article 17 - Additional or varying provisions
Additional provisions of and/or deviations from these General Terms and Conditions may not be to the Consumer’s detriment and must be put in writing or be recorded in such a way that the Consumer can stored them in an accessible manner on a long-term data carrier.