Terms and Conditions
General sales and delivery terms intended for consumers
of the private limited liability company Antos B.V., established in Zaltbommel
Table of contents
Article 1 - Definitions
Article 2 - Identity of Antos
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of revocation
Article 7 - Obligations of the consumer during the reflection period
Article 8 - Exercise of the right of revocation by the consumer and the costs thereof
Article 9 - Obligations of Antos in case of revocation
Article 10 - Exclusion right of revocation
Article 11 - The price
Article 12 - Compliance agreement and additional warranty
Article 13 - Delivery and implementation
Article 14 - Continuing performance transactions: duration, notice, and extension
Article 15 - Payment
Article 16 - Complaints mechanism
Article 17 – Disputes
Article 18 - Additional or deviating provisions
Article 19 - Modification of the Terms and Conditions
Article 1 - Definitions
In these conditions is intended by:
1. Seller and/or Enterprise: the private limited liability company Antos B.V.;
2. Consumer: the natural person not acting for purposes that are related to trading, business, craftsman, or professional activities and who enters into a purchase or other agreement with Antos B.V.;
3. Product: matters and services that are offered by Antos B.V. to the consumer;
4. Reflection period: the term within which the consumer can exercise his right of revocation;
5. Digital content: data created and delivered in digital form;
6. Continuing performance agreement: an agreement that stipulates the regular delivery of products, services and/or digital content during a specific period;
7. Durable data carrier: any tool - also including e-mail - that enables the consumer or enterprise to store information that is directed at him personally in a manner that enables future consultation or use during a period that is tailored to the purpose that the information is intended for and that renders possible the unaltered reproduction of the stored information;
8. Right of revocation: the option for the consumer to withdraw from the distance agreement within the reflection period;
9. Distance agreement: an agreement that is concluded between Antos B.V. and the consumer in the context of an organised system for the sale at a distance of products, digital content and/or services, whereby until conclusion of the agreement use is made as well or exclusively of one or more techniques for communications at a distance;
10. Model form for revocation: the European model form for revocation included in Appendix I of these conditions. Appendix I does not have to be provided if the consumer does not have the right of revocation in the matter of his order;
Article 2 - Identity of Antos
Name enterprise: Antos B.V.
Acting under the name: Antos
Place of establishment: Doornepol 9, 5301 LV Zaltbommel, the Netherlands
Visiting address: Antos B.V., Doornepol 9, 5301 LV Zaltbommel, the Netherlands, phone no.: 0031 - 418541005
Availability: Monday through Friday from 8.00 AM to 4.00 PM
E-mail address: shop@antos.nl
Chamber of Commerce no.: trade register the Netherlands, 16083909
VAT-number: NL805108166B01
Article 3 - Applicability
1. These terms and conditions are applicable to any offer of Antos and to each concluded distance agreement between Antos and the consumer.
2. Before the distance agreement is concluded, the text of these terms and conditions is provided to the consumer. If this is not reasonably possible, Antos will indicate before the distance agreement is concluded in what manner the terms and conditions can be perused at Antos and that upon request of the consumer they will be forwarded free of charges as soon as possible.
3. If the distance agreement is concluded electronically, in derogation to the previous section and before the distance agreement is concluded, the text of these terms and conditions will be provided to the consumer through electronic channels in such a manner that they can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the terms and conditions can be consulted through electronic channels and that upon request of the consumer they will be forwarded through electronic channels or in another manner free of charges.
Article 4 - Th offer
1. If and offer has a limited term of validity or is made under conditions, this is expressly stated in the offer.
2. The offer contains a complete and precise description of the products, digital content and/or services offered. The description has sufficient detail to enable the proper evaluation of the offer by the consumer. Apparent mistakes or apparent errors in the offer do not bind Antos.
3. Every offer contains such information that it is clear for the consumer what the rights and obligations are that are associated with the offer.
Article 5 - The agreement
1. The agreement is adopted, without prejudice to what is established in section 4, at the moment of acceptance by the consumer of the offer and of compliance with the conditions thereby established.
2. If the consumer has accepted the offer through electronic channels, Antos forthwith confirms through electronic channels the receipt of the acceptance of the offer. For as long as the receipt of this acceptance has not been confirmed by Antos, the consumer is able to rescind the agreement.
3. If the agreement is adopted electronically, Antos takes appropriate technical and organisational measures to secure the electronic transfer of data and Antos procures a safe web environment. If the consumer is able to pay electronically, Antos will thereby observe safety measures that are appropriate for the purpose.
4. Antos can inform itself within the legal framework whether the consumer is able to comply with his payment obligations, as well as of all such facts and factors as are relevant for a responsible entry into the distance agreement. If Antos has legitimate grounds based on this investigation not to enter into the agreement, Antos has the right to reject an order or request under statement of reasons, or to subject the implementation to special conditions.
5. Antos will at the latest upon the delivery of the product, the service, or the digital content forward the following information to the consumer, in writing or in such a manner that it can be stored by the consumer in an accessible manner on a durable data carrier:
a. the visiting address of the establishment of Antos that the consumer can refer to with complaints;
b. the conditions on and the manner in which the consumer can exercise the right of revocation, or a clear statement of the right of revocation being excluded;
c. the information about warranties and the service existing after purchase;
d. the price, including all taxes, of the product, service, or digital content; to the extent applicable the costs of delivery; and the manner of payment, delivery, or implementation of the distance agreement;
e. the requirements for cancellation of the agreement if the agreement has a duration of more than one year or has an indefinite term;
f. if the consumer has the right of revocation, the model form for revocation.
6. In case of a continuing performance transaction, the provision in the previous section only applies to the first delivery.
Article 6 – Right of revocation
1. The consumer can rescind an agreement regarding the purchase of a product during a reflection period of 14 days without stating grounds. Antos may ask the consumer about the reason for revocation but may not force him to state his reason(s).
2. The reflection period indicated in section 1 enters into effect on the day after the consumer, or a third party designated beforehand by the consumer who is not the transporter, has received the product, or:
a. if the consumer has ordered multiple products on the same order: the day on which the consumer, or a third party designated by him. has received the last product. Antos may, on condition Antos has informed the consumer in a clear manner regarding prior to the order process, reject an order for multiple products with varying delivery times;
b. 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;
c. in case of agreements for the regular delivery of products during a specific period: the day on which the consumer, or a third party designated by him, has received the first product.
Article 7 - Obligations of the consumer during the reflection period
1. During the reflection period, the consumer will handle the product and the packaging with care. He will only unwrap or use the product to the extent required to determine the nature, the characteristics, and the functioning of the product. The principle thereby is that the consumer may only handle and inspect the product as he would be allowed to do at a store.
2. The consumer is only liable for the reduction of value of the product that is the result of a manner of handling the product that goes beyond what is permitted in section 1.
3. The consumer is not liable for the reduction of value of the product if Antos has not provided him before or upon conclusion of the agreement with all legally obligatory information regarding the right of revocation.
Article 8 - Exercise of the right of revocation by the consumer and the costs thereof
1. If the consumer exercises his right of revocation, he reports this within the reflection period by way of the model form for revocation or in another unambiguous manner to Antos.
2. As soon as possible, though within 14 days from the day following the report intended in section 1, the consumer sends the product back, or hands it over to (an authorized representative of) Antos. This is not required if Antos has offered to pick up the product themselves. The consumer has observed the return term in any event if he sends back the product before the reflection period has expired.
3. The consumer sends back the product along with all accessories delivered, if reasonably possible in its original state and packaging, in conformity with the reasonable and clear instructions provided by Antos.
4. The risk and the burden of proof for the correct and timely exercise of the right of revocation lies with the consumer.
5. The consumer bears the direct costs for sending back the product. If Antos has not reported that the consumer must bear these expenses, or if Antos indicates to bear the costs itself, the consumer does not have to bear the costs for sending it back himself.
Article 9 - Obligations of Antos in case of revocation
1. If Antos enables the revocation report by the consumer through electronic channels, Antos immediately after receipt of this report sends a confirmation of receipt.
2. Antos refunds all payments of the consumer, including any possible delivery costs billed by Antos for the (returned) product, without delay though within 14 days following the day on which the consumer reports the revocation to Antos. Unless Antos offers to pick up the product themselves, Antos may wait with refunding until Antos has received the product or until the consumer proves that he has sent the product back, depending on which event occurs sooner.
3. For the refund, Antos uses the same means of payment that the consumer used, unless the consumer agrees with a different method. The refund is free of charges for the consumer.
4. If the consumer has opted for a more expensive delivery method than the cheapest standard delivery, Antos is not required to refund the additional costs for the more expensive method.
Article 10 - Exclusion right of revocation
1. Antos can exclude the following products and services from the right of revocation, but only if Antos has stated this clearly with the offer, or at least timely before conclusion of the agreement, for:
a) Products or services the price of which is linked to fluctuations on the financial markets that Antos does not have any influence on and that may occur within the revocation period;
b) Products that spoil quickly or that have a limited shelf life;
c) Sealed products that for reasons of the protection of health or hygiene are unfit to be sent back and the sealing of which was broken;
d) Products that after delivery due to their nature were inevitably mixed with other products.
Article 11 - The price
1. During the term of validity indicated in the offer, the prices of the products and/or services offered are not increased, barring price changes as a result of changes to VAT rates.
2. In derogation to the previous section, Antos can offer products or services the prices of which are bound by fluctuations on the financial market and that Antos does not have any influence on, at variable prices. This being bound by fluctuations and the fact that such prices as may be listed are target prices is stated with the offer.
3. Price increases within 3 months after the adoption of the agreement are only permitted if they are the result of legal arrangements or provisions.
4. Price increases from 3 months after the adoption of the agreement are only permitted if Antos has stipulated such and:
a) they are the result of legal arrangements or provisions; or
b) the consumer has the authority to cancel the agreement with effect as from the day on which the price increase becomes effective.
5. The prices listed in the offer of products or services are inclusive of VAT.
Article 12 - Compliance agreement and additional warranty
1. Antos guarantees that the products and/or services are compliant with the agreement, with the specifications indicated in the offer, with the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations that are effective on the date of adoption of the agreement.
2. An additional warranty provided by Antos, their supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can bring to bear vis-a-vis Antos on grounds of the agreement if Antos has fallen short in complying with their part of the agreement.
3. By additional warranty is intended any undertaking of Antos, their supplier, importer, or manufacturer in which they attribute certain rights or claims to the consumer that go beyond what they are obliged to do legally in case Antos has fallen short in complying with their part of the agreement.
Article 13 - Delivery and implementation
1. Antos will observe the greatest diligence possible upon receiving and upon implementing orders of products and when evaluating requests for the provision of services.
2. As place of delivery will count the address that the consumer has communicated to Antos.
3. With due regard for what is stated concerning in article 4 of these terms and conditions, Antos will carry out accepted orders with due speed though no later than within 30 days, unless a different delivery term was established. If delivery encounters delays, or if an order cannot or can only be partially carried out, the consumer receives notice accordingly no later than 30 days after he has placed the order. The consumer has the right in such case to rescind the agreement without charges.
4. Following rescission in conformity with the previous section, Antos will refund the amount the consumer paid without delay.
5. The risk of damaging and/or the going missing of products lies with Antos until the moment of delivery to the consumer or to a representative designated and announced to Antos in advance, unless expressly established otherwise.
Article 14 - Continuing performance transactions: duration, notice, and extension
1. The consumer can cancel an agreement that was adopted for an indefinite time and that stipulates the regular delivery of products or services, at all times with due regard for the rules for notice established to such effect and a notice period of no more than one month.
2. The consumer can cancel an agreement that was adopted for a fixed term and that stipulates the regular delivery of products or services, at all times against the end of the fixed term with due regard for the rules for notice established to such effect and a notice period of no more than one month.
3. The consumer is able with respect to the agreements referred to in the previous sections:
a) to cancel them at all times and not be restricted to cancel at a specific time or in a specific period;
b) give notice at least in the same manner as they were entered into by him;
c) always give notice with the same notice period as the one stipulated by Antos for themselves.
4. An agreement that was adopted for a fixed term and that stipulates the regular delivery of products or services may not be tacitly extended or renewed for a fixed duration.
5. An agreement that was adopted for a fixed term and that stipulates the regular delivery of products or services may only be extended tacitly for an indefinite time if the consumer may cancel at all times with a notice period of no more than one month.
6. If an agreement has a duration of more than one year, the consumer may cancel the agreement after one year at all times with a notice period of no more than one month, unless reason and fairness oppose cancellation before the end of the established duration.
Article 15 - Payment
1. To the extent it is not established otherwise in the agreement, the amounts owed by the consumer must be settled by the consumer in advance upon ordering, without any appeal to discounts, suspension, or setoffs being permitted. The consumer is unable to bring to bear any rights regarding the implementation of the relevant order or service before full payment in advance by the consumer has taken place.
2. The consumer has the obligation to report inaccuracies in payment information provided or stated to Antos without delay.
3. If the consumer does not comply with his payment obligation(s) on time, the consumer owes, after he has been notified about the late payment by Antos and Antos has conceded the consumer a 14-day term to comply with his payment obligations still, after payment fails to occur within this 14-day term, the statutory interest rate on the amount still owed and Antos has the right to bill the extra-judicial collection costs incurred by them to the consumer. 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 € 50. Antos can deviate from the amounts and percentages indicated to the advantage of the consumer.
Article 16 - Complaints mechanism
1. Antos has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted within a reasonable term after the consumer has noted the defects, completely and including a clear description, to Antos.
3. Complaints submitted to Antos are answered within a term of 14 days counted from the date of receipt. If a complaint has a foreseeably longer processing time, Antos answers within the 14-day term with a notice of receipt and an indication when the consumer can expect a more elaborate answer.
4. The consumer must concede Antos at least 4 weeks' time to resolve the complaint in mutual consultation. After this term, a dispute arises that is eligible for the complaints mechanism.
Article 17 - Disputes
1. Applicable to agreements between Antos and the consumer that these terms and conditions are applicable to is Netherlands Law. If Antos focuses its activities on the country where the consumer lives, the consumer is always able to appeal to the mandatory consumer legislation of his country.
2. Disputes between the consumer and Antos regarding the adoption or implementation of agreements with regard to products and services to be delivered or delivered by Antos will be exclusively ruled on by the Court of Law of Gelderland, location Arnhem.
3. What is established in section 2 of this article leaves unaffected the right of Antos to submit the dispute to the civil court of law that is competent according to the normal rules of competence.
Article 18 - Additional or deviating provisions
1. Additional provisions or such as may derogate from these terms and conditions may not be to the disadvantage of the consumer and must be established in writing or in such a manner that they can be stored in an accessible manner by the consumer on a durable data carrier.
Article 19 - Modification of the Terms and Conditions
1. Modifications to these conditions are only effective after they have been duly communicated in the appropriate manner by Antos, under the proviso that in case of applicable modifications during the term of an offer, the provision most advantageous to the consumer will prevail.
Appendix I: Model form for revocation
Model form for revocation
(only fill out and send back this form if you wish to revoke the agreement)
a. To: Antos B.V.
Doornepol 9
5301 LV Zaltbommel, the Netherlands
e-mail: shop@antos.nl
b. I/We* hereby notify you, that I/we* revoke our agreement regarding the sale of the following products: [designation product]*
the delivery of the following digital content: [designation digital content]*
the conducting of the following service: [designation service]*
c. Ordered on*/received on* [date order in case of services or of receipt in case of products]
d. [Name consumer(s)]
e. [Address consumer(s)]
f. [Signature consumer(s)] (only if this form is submitted in paper form)
* Cross out where not applicable or fill out where applicable.
