General Terms and Conditions

Article 1 – Definitions

For the purposes of these terms and conditions, the following definitions shall apply:

  1. Entrepreneur: The natural or legal person offering products and/or services to consumers at a distance;

  2. Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;

  3. Distance contract: an agreement under which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;

  4. Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having come together simultaneously in the same room;

  5. Reflection period: The period within which the consumer can exercise his right of withdrawal;

  6. Right of withdrawal: The possibility for the consumer to waive the distance contract within the withdrawal period;

  7. Day: calendar day;

  8. 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;

  9. Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.

Article 2 – Identity of the entrepreneur

Jens Aukema. Acting under the name AntsNetherlands.

Location: Oostend 2, 8748 AM in Witmarsum.

Tel: 0031 6 1325 7518 (during office hours).

Email: info@mierennederland.nl

Internet: antnetherlands.com / ants.eu / 123mier.nl / antnest.nl / aantsholland.com / antstore.be / insectennederland.nl / 123ants.com

Chamber of Commerce no: 80215777
VAT no: NL003406892B36

Article 3 – Applicability

 

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

  2. Before the distance contract is concluded, the text of these general conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be stated that the general conditions are available for inspection at the entrepreneur’s premises and that they will be sent free of charge as soon as possible at the consumer’s request.

  3. If the distance contract is concluded electronically, in derogation from the previous paragraph and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that, at the consumer’s request, they will be sent electronically or otherwise free of charge.

  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to him.

Article 4 – The offer

  1. If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.

  2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images these are a true reflection of the products and / or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

  3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

  • the price including taxes;

  • the cost of delivery, if any;

  • The way in which the agreement will be established and what actions are required for this;

  • Whether or not the right of withdrawal applies;

  • the method of payment, delivery or performance of the agreement;

  • The period for acceptance of the offer, or the period for the price to be maintained;

  • the amount of the rate of distance communication if the cost of using the technique for distance communication is calculated on a basis other than the basic rate;

  • if the agreement is archived after its conclusion, in what way it can be accessed by the consumer;

  • the manner in which the consumer can become aware of acts not wanted by him before the conclusion of the contract, as well as the manner in which he can remedy them before the conclusion of the contract;

  • any languages in which, in addition to Dutch, the agreement may 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;

  • the minimum duration of the distance contract in the case of a contract for continuous or periodic delivery of products or services.

Article 5 – The agreement

  1. The agreement comes into effect, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the fulfilment of the conditions set therein.

  2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. Until the receipt of this acceptance is confirmed, the consumer can dissolve the agreement.

  3. If the agreement is established electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

  4. The entrepreneur can inform himself – within legal frameworks – 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, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.

  5. The entrepreneur will include with the product or service to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

a. The visiting address of the establishment of the entrepreneur where the consumer can go with complaints;

b. the conditions under which and the way in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;

c. the information on existing after-sales service and warranties;

d. the price including all taxes of the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;

e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.


f. if the consumer has a right of withdrawal, the model form for withdrawal.

6. If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph applies only to the first delivery.

Article 6 –
 
Right of Withdrawal

For all non-perishable products;

  1. Consumers can dissolve an agreement relating to the purchase of a product during a cooling-off period of up to 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).

  2. The cooling-off period referred to in paragraph 1 begins on the day the consumer, or a third party designated in advance by the consumer, who is not the carrier, received the product, or:

  1. If the consumer ordered multiple products in the same order: the day on which the consumer, or a third party designated by the consumer, received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with different delivery times.

  2. 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, received the last shipment or part;

  3. in case of contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

In the case of perishable goods;

  1. Returns of insects and food are not possible. These fall under perishables.

  2. Returning other perishable goods is also not possible.

 

For services and digital content not delivered on a tangible medium:

  1. The consumer may dissolve a service contract and a contract for the supply of digital content not supplied on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).

  2. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Article 7 – Obligations of the consumer during the reflection period

  1. During the cooling-off period, the consumer will handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic premise here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.

  2. The consumer is only liable for depreciation in the value of the product resulting from a manner of handling the product that goes beyond what is permitted in paragraph 1.

  3. The consumer is not liable for any reduction in the value of the product if the entrepreneur did not provide him with all the legally required information about the right of withdrawal before or at the time of concluding the contract.

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

  1. If the consumer exercises his right of withdrawal, he reports it within the cooling-off period by contacting the helpdesk via email (info@mierennederland.nl).

  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product, or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to pick up the product himself. In any case, the consumer has complied with the return period if he returns the product before the cooling-off period has expired.

  3. The consumer shall return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

  4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

  5. The consumer bears the direct cost of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs of return.

  6. If the consumer withdraws after first expressly requesting that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or certain quantity shall commence during the withdrawal period, the consumer shall owe the entrepreneur an amount proportionate to that part of the commitment fulfilled by the entrepreneur at the time of withdrawal, compared to the full performance of the commitment.

  7. The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity, not made ready for sale in a limited volume or quantity, or to supply district heating, if:

  1. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost compensation in the event of withdrawal or the model form for withdrawal, or;

  2. the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.

  1. The consumer shall not bear any cost for the full or partial delivery of digital content not delivered on a tangible medium, if:

  1. he did not expressly agree, prior to its delivery, to the commencement of the performance of the contract before the end of the cooling-off period;

  2. he has not acknowledged losing his right of withdrawal when giving his consent; or

  3. the entrepreneur has failed to confirm this statement by the consumer.

  1. If the consumer makes use of his right of withdrawal, all additional contracts will be dissolved by operation of law.

Article 9 –
 
Obligations of the entrepreneur in the event of withdrawal

  1. If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he will send an acknowledgement of receipt of this notification without delay after receiving it.

  2. The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product provided that the entire order is returned, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to pick up the product himself, he may wait to refund until he has received the product or until the consumer proves that he has returned the product, whichever comes first.

  3. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.

  4. The cost of the return will be borne by the consumer.

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