Terms & Conditions

TERMS & CONDITIONS 

ARTICLE 1 - DEFINITIONS

The following definitions apply throughout these terms and conditions:

  • Cooling-off period: The time frame within which the consumer may exercise their right to withdraw from the agreement.
  • Consumer: A natural person acting outside the scope of a professional or business activity who enters into a remote agreement with the entrepreneur.
  • Day: A calendar day.
  • Long-term transaction: A remote agreement concerning a sequence of products or services, with obligations spread over a period.
  • Durable medium: Any tool that allows the consumer or entrepreneur to store information personally directed to them, enabling future access and unchanged reproduction.
  • Right of withdrawal: The consumer’s right to cancel the remote agreement within the cooling-off period.
  • Entrepreneur: A natural or legal entity offering products or services remotely to consumers.
  • Distance contract: An agreement concluded exclusively through remote communication methods within a system organized by the entrepreneur.
  • Means of remote communication: Methods that enable contract conclusion without the consumer and entrepreneur being physically present in the same location.

ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR

here\\\now.
Chamber of Commerce: 95207139
VAT Number: NL005137909B53

For activities under a licensing system, relevant supervisory authority details will be provided. If practicing a regulated profession, the following will be disclosed:

  • Registration with the appropriate professional association.
  • Professional title and the jurisdiction where it was awarded within the EU/EEA.
  • Reference to applicable professional rules in the Netherlands, including access details.

ARTICLE 3 - APPLICABILITY

These terms apply to all offers and distance contracts between the entrepreneur and the consumer. Before finalizing a distance contract, these terms will be made available. If this is not feasible, consumers will be informed about where the terms can be accessed and offered a free copy upon request. If contracts are concluded electronically, terms may also be provided electronically, enabling easy storage.

When additional product or service-specific terms apply, these will align with the general terms. In case of conflicts, the provision most favorable to the consumer prevails.

ARTICLE 4 - THE OFFER

Any offer with limited validity or specific conditions will be clearly stated. Offers include accurate descriptions of the products or services, enabling the consumer to make informed decisions. Any images used will faithfully represent the product or service. Obvious errors are non-binding.

Offers will detail the following:

  • Total price including taxes.
  • Delivery costs.
  • Contract conclusion steps and necessary actions.
  • Withdrawal rights, if applicable.
  • Payment, delivery, and contract execution methods.
  • Offer acceptance period and price guarantee duration.
  • Costs of remote communication, if applicable.
  • Whether and how the contract will be archived.
  • Consumer’s ability to verify and correct information.
  • Available contract languages besides Dutch.
  • Codes of conduct applicable and access methods.
  • Minimum contract duration for long-term transactions.

ARTICLE 5 - THE CONTRACT

A contract is formed when the consumer accepts the offer and meets its conditions. For electronic acceptance, the entrepreneur will promptly confirm receipt. Until confirmation is received, the consumer may dissolve the contract. Electronic contracts will be secured with appropriate technical and organizational measures to protect data and ensure a safe transaction environment.

The entrepreneur may conduct checks on the consumer’s payment capability. If there is a valid reason to decline the contract, this will be communicated, possibly with specific conditions attached.

Consumers will receive written or accessible digital information on:

  • The entrepreneur’s business address for complaints.
  • Withdrawal rights and conditions, or a clear statement if withdrawal is excluded.
  • Warranty and after-sales service details.
  • Previously provided essential information unless already received.
  • Termination conditions for contracts exceeding one year or indefinite terms.

For long-term transactions, these conditions apply only to the initial delivery.

ARTICLE 6 - RIGHT OF WITHDRAWAL

Consumers may cancel product purchases without reason within 14 days from the day after receipt. During this period, consumers should handle the product and packaging carefully, using the product only as necessary to evaluate it. If withdrawing, products should be returned in their original condition and packaging, following the entrepreneur’s instructions.

ARTICLE 7 - COSTS IN THE EVENT OF WITHDRAWAL

The consumer bears the return costs when exercising the right of withdrawal. Any payments made by the consumer will be refunded promptly, but no later than 30 days after the return or withdrawal.

ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL

The entrepreneur can exclude the right of withdrawal under specific conditions stated in these terms. Such exclusions must be clearly communicated before concluding the contract and may apply to products or services that:

  • Are customized to the consumer’s specifications.
  • Are personal in nature.
  • Are perishable or quickly expire.
  • Cannot be returned due to their nature.
  • Depend on fluctuating financial markets beyond the entrepreneur’s control.
  • Include individual newspapers, magazines, or unsealed audio, video, and software.

Service exclusions may apply to:

  • Accommodations, transport, catering, or leisure on specific dates.
  • Services commenced with the consumer’s consent before the cooling-off period ends.
  • Gambling and lottery services.

ARTICLE 9 - THE PRICE

During the offer validity period, prices will not change except for VAT adjustments. Prices subject to financial market fluctuations may be variable, and this will be explicitly noted. Price increases within three months of contract conclusion are only allowed if due to statutory changes. After three months, increases are permissible if stipulated and the consumer has the option to terminate the contract from the date the increase takes effect. Prices include VAT.

ARTICLE 10 - CONFORMITY AND WARRANTY

The entrepreneur ensures that products or services meet the contract, offer specifications, and legal standards. Additional guarantees from the entrepreneur, manufacturer, or importer do not affect statutory rights.

ARTICLE 11 - DELIVERY AND IMPLEMENTATION

Orders will be handled with care and delivered to the address specified by the consumer. Delivery will occur within the stated period, generally no later than 30 days, unless otherwise agreed. Delays will be communicated promptly, and consumers may cancel without charge if delays occur. Refunds for canceled orders will be processed within 30 days.

ARTICLE 12 - DURATION TRANSACTIONS: TERMINATION AND EXTENSION

Consumers may terminate open-ended contracts with a maximum one-month notice. Fixed-term contracts for regular deliveries can be terminated at the end of the term, with up to a one-month notice. Extensions and renewals follow specific rules, particularly for subscriptions to newspapers and magazines.

ARTICLE 13 - PAYMENT

Consumers must pay due amounts within 14 days from the cooling-off period’s start or contract confirmation for services. Advance payments should not exceed 50% unless agreed otherwise. Consumers must report any inaccuracies in payment data promptly.

ARTICLE 14 - COMPLAINTS PROCEDURE

The entrepreneur maintains a visible complaints procedure. Complaints should be detailed and submitted within a reasonable time. Responses will be provided within 14 days, or a timeline will be offered for longer processing. Consumers must allow the entrepreneur four weeks to resolve complaints before escalating disputes.

ARTICLE 15 - DISPUTES

These terms and any related contracts are governed by Dutch law.

ARTICLE 16 - ADDITIONAL OR DEVIATING PROVISIONS

Additional provisions must not disadvantage the consumer and should be documented in a way that allows for future reference.

ARTICLE 17 - INTELLECTUAL PROPERTY

The website and its contents are the property of here\\\now., except for certain third-party links. All intellectual property rights are reserved. Reproduction, storage, or sale of the website or its components without prior written permission is prohibited.