General Terms and Conditions

General 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 – Consumer's obligations during the cooling-off period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the entrepreneur in case of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Performance and additional guarantee
Article 13 – Delivery and execution
Article 14 – Duration transactions: duration, termination and extension
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Applicable law
Article 18 - Mobile Terms of Service

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Additional agreement: an agreement in which the consumer acquires products, digital content and/or services in connection with a distance agreement, and these items, digital content and/or services are supplied by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;
2. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Continuing performance contract: an agreement that extends to the regular delivery of goods, services and/or digital content over a specified period;
7. Durable data carrier: any means – including email – that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows for future consultation or use for a period appropriate to the purpose for which the information is intended, and which allows for the unchanged reproduction of the stored information;
8. Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services remotely to consumers.
10. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for distance sales of products, digital content and/or services, where, up to and including the conclusion of the agreement, exclusively or partly one or more techniques for distance communication are used;
11. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions; Annex I does not need to be made available if the consumer does not have a right of withdrawal for their order;
12. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be in the same room at the same time.

Article 2 – Identity of the entrepreneur

www.byceecee.nl, part of L&K Global Partners;

Registered address
Blokstallen 2b
4611 WB, Bergen op Zoom
The Netherlands

Email address: klantenservice@byceecee.nl
Phone number: +31635610739

Availability: Monday to Friday from 09:00 to 17:00

VAT number: NL865422369B01
Chamber of Commerce number: 90707605

Article 3 – Applicability

1. These general terms and conditions apply to every offer from 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 terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will, before the distance contract is concluded, indicate how the general terms and conditions can be viewed by the consumer 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 deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and 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 data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting conditions, the consumer can always rely on the applicable provision that is most favourable to them.

Article 4 – The offer

1. If an offer has a limited validity period or is made under specific conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content 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 representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer.

Article 5 – The agreement

1. The agreement, subject to the provisions of paragraph 4, comes into effect at the moment the consumer accepts the offer and fulfills the conditions set forth therein.
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 organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can, within legal frameworks, inquire whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
5. The entrepreneur will send the following information to the consumer no later than upon delivery of the product, service or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

• the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• the price including all taxes of the product, service or digital content; if applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
• the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;
• if the consumer has a right of withdrawal, the model withdrawal form.

6. In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal

For products:

1. The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but cannot oblige them to state their reason(s).
2. The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:

• if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. The entrepreneur may, provided they have clearly informed the consumer about this prior to the ordering process, refuse an order of multiple products with different delivery times;
• if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the last part;
• for agreements for regular delivery of products over a certain period: the day on which the consumer, or a third party designated by them, has received the first product.

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

3. The consumer can dissolve a service agreement and an agreement for the delivery of digital content not delivered on a tangible medium during 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but cannot oblige them to state their reason(s).
4. The cooling-off period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content not delivered on a tangible medium if not informed about the right of withdrawal:

5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
6. If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months of the start date of the original cooling-off period, the cooling-off period expires 30 days after the day on which the consumer received that information.

Article 7 – Consumer's obligations during the cooling-off period

1. During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to ascertain the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
2. The consumer is only liable for any depreciation of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.

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

1. If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the reflection period by means of the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product, or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case complied with the return period if he returns the product before the reflection period has expired.
3. The consumer returns the product with all delivered accessories, in its original condition and packaging, and in accordance with the return instructions provided by the entrepreneur. The product must not show any signs of use or damage. It also does not concern a hygiene product.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer bears the direct costs of returning the product.
6. If the consumer withdraws after having first expressly requested that the performance of the service or the supply of gas, water or electricity not prepared for sale in a limited volume or specific quantity commences during the reflection period, the consumer owes the entrepreneur an amount proportional to that part of the obligation fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation.
7. The consumer does not bear costs for the performance of services or the supply of water, gas or electricity, not prepared for sale in a limited volume or quantity, or for the supply of district heating, if:

• the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost compensation for withdrawal or the model withdrawal form, or;
• 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 reflection period.

8. The consumer does not bear costs for the full or partial supply of digital content not supplied on a tangible medium, if:

• he has not expressly consented to the commencement of the performance of the agreement before the end of the reflection period;
• he has not acknowledged losing his right of withdrawal when giving his consent; or
• the entrepreneur has failed to confirm this statement from the consumer.

9. If the consumer exercises his right of withdrawal, all supplementary agreements are dissolved by operation of law.
10. Cancellation is only possible as long as the order has not yet been processed. Because we process orders quickly, it may not be possible to cancel. In that case, you can make use of the right of withdrawal after receiving the order.

Article 9 – Obligations of the entrepreneur upon withdrawal

1. If the entrepreneur makes it possible for the consumer to notify withdrawal electronically, he will send an acknowledgment of receipt without delay after receiving this notification.
2. The entrepreneur will use the same payment method for reimbursement that the consumer used, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
3. If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
4. Refunds to consumers will be processed as soon as possible, but no later than 14 days after receipt of the return request. Reimbursement will be made to the bank account number previously provided.

Article 10 – Exclusion of the right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement:

1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period
2. Agreements concluded during a public auction. A public auction is understood to mean a sales method where products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service agreements, after full performance of the service, but only if:

• the performance has begun with the consumer's express prior consent; and
• the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully performed the agreement;

4. Package holidays as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements;
5. Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, freight transport, car rental services and catering;
6. Agreements relating to leisure activities, if the agreement provides for a specific date or period for the performance thereof;
7. Products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
10. Products that are irrevocably mixed with other products after delivery due to their nature;
11. Products that have been used, damaged or broken by humans and/or animals.
12. Alcoholic beverages whose price was agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
13. Sealed audio, video recordings and computer software, of which the seal has been broken after delivery;
14. Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
15. The delivery of digital content not supplied on a tangible medium, but only if:

• the performance has begun with the consumer's express prior consent; and
• the consumer has declared that he thereby loses his right of withdrawal.

Article 11 – The price

1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal 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:

• these are the result of legal regulations or provisions; or
• the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

5. The prices stated in the offer of products or services include VAT.

Article 12 – Performance of the agreement and extra guarantee

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 legal 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. An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement.
3. An extra guarantee is understood to mean any commitment from the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfill his part of the agreement.

Article 13 – Delivery and execution

1. 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 place of delivery is the address that the consumer has made known to the entrepreneur.
3. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement free of charge and to any compensation for damages.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
5. 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 expressly agreed otherwise.
6. The entrepreneur is not liable for damage, of any kind, that has arisen because the entrepreneur has relied on incorrect and/or incomplete (address) data provided by the consumer, unless this inaccuracy or incompleteness was known to the entrepreneur.

Article 14 – Long-term transactions: duration, termination and renewal

Termination:

1. The consumer may terminate an agreement entered into for an indefinite period, and which extends to the regular delivery of products (including electricity) or services, at any time, observing the 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, and which extends to the regular delivery of products (including electricity) or services, at any time at the end of the definite period, observing the 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 during a specific period;
• at least in the same manner as they were entered into by him;
• always with the same notice period as the entrepreneur has stipulated for himself.

Renewal:

4. An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
5. Notwithstanding the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
6. An agreement entered into for a definite period and 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. The notice period is a maximum of 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.
7. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.

Duration:

8. 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 15 – Payment

1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the cooling-off period begins, or, if there is no cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period commences on the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in the general terms and conditions. When advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the stipulated advance payment has been made.
3. The consumer has the duty to immediately report any inaccuracies in payment data provided or stated to the entrepreneur.
4. If the consumer does not meet his payment obligation(s) in time, he will owe statutory interest on the outstanding amount after being informed by the entrepreneur of the late payment and given a period of 14 days to still meet his payment obligations, and if payment is not made within this 14-day period, the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. 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 €40. The entrepreneur may deviate from the stated amounts and percentages in favor of the consumer.

Article 16 – Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur, fully and clearly described, 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 respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
5. For complaints, a consumer must first contact the entrepreneur. If the webshop is affiliated with WebwinkelKeur and for complaints that cannot be resolved by mutual agreement, the consumer must contact WebwinkelKeur (www.webwinkelkeur.nl), who will mediate free of charge. Check if this webshop has a current membership via  https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the option to have his complaint handled by the independent dispute committee appointed by WebwinkelKeur; its decision is binding and both the entrepreneur and the consumer agree to this binding decision. There are costs associated with submitting a dispute to this dispute committee, which must be paid by the consumer to the relevant committee. 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 to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.

Article 17 – Applicable law

1. Dutch law applies to every agreement between the entrepreneur and the consumer. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.
2. In the event of an interpretation of the content and scope of these general terms and conditions, the Dutch text thereof shall always be decisive. The entrepreneur is entitled to unilaterally amend these general terms and conditions.
3. All disputes arising from or in connection with the agreement between the entrepreneur and the consumer shall be settled by the competent court in Amsterdam, unless provisions of mandatory law lead to the jurisdiction of another court.

Article 18 - Mobile Service Terms and Conditions

1. The mobile messaging service of By Cee Cee (the “Service”) is operated by By Cee Cee (“By Cee Cee”, “we” or “us”). By using the Service, you agree to these terms and conditions (“Mobile Terms”). We reserve the right to modify or terminate the Service or parts thereof at any time, without prior notice. To the extent permitted by applicable law, we may also amend these Mobile Terms at any time. Your continued use of the Service after such changes take effect will be considered an acceptance thereof.
2. By granting your consent for By Cee Cee's SMS/text messaging service, you agree to receive recurring SMS/text messages from or on behalf of By Cee Cee, via your mobile provider, at the mobile number you provided. This applies regardless of whether your number is listed on any national or regional do-not-call registry. Messages may be sent using an automatic telephone dialing system or other technology. Promotional messages may include, but are not limited to, promotions, offers, special promotions, and marketing communications, including abandoned cart reminders.
3. You acknowledge that participation in this program is not mandatory for making purchases and that your consent is not a condition for any transaction with By Cee Cee. Participation is entirely voluntary.
4. We do not charge for the use of the Service. However, you are responsible for all costs and fees charged by your mobile provider in connection with SMS/text messages. The frequency of messages may vary. Message and data rates may apply. It is your responsibility to consult your mobile plan and obtain further information from your provider. You are solely liable for all costs associated with sending or receiving SMS/text messages.
5. You can unsubscribe from the Service at any time. To do so, you can text the keyword “STOP” to ByCeeCee or, if available, use the unsubscribe link in a message. Upon receipt of your unsubscribe request, you will receive a one-time confirmation. No further messages will then be sent to your mobile device, unless you reactivate the Service. If you have also subscribed to other mobile messaging services from By Cee Cee and wish to terminate them, you must unsubscribe from these services separately, unless applicable law dictates otherwise.
6. For support or assistance, you can text the keyword “HELP” to ByCeeCee or contact us at klantenservice@byceecee.nl
7. We reserve the right to change the short code or phone number used for the Service at any time. We will inform you about this. You acknowledge that messages sent to an expired number (including STOP or HELP requests) may not be received. In that case, we are not obliged to honor such requests.
8. The mobile providers supporting the Service are not liable for delayed or undelivered messages. You must always provide us with a valid mobile number. If you obtain a new number, you are obliged to re-register for the Service.
9. To the extent permitted by applicable law, you accept that we are not liable for the failure, delay, or incorrect delivery of any information via the Service, nor for inaccuracies in its content, nor for the consequences of actions or omissions you take based on the Service.

10. We value your privacy. Please consult our Privacy Policy for more information on how we collect and use your personal data.

Please note: no rights can be derived from these general terms and conditions. Consult a legal professional if you have any doubts about their content.

Appendix I: Model withdrawal form

Model withdrawal form

(only complete and return this form if you wish to withdraw from the contract)

• To: [name of entrepreneur] [geographical address of entrepreneur] [fax number of entrepreneur, if available] [email address or electronic address of entrepreneur]
• I/We* hereby give notice that I/we* withdraw from my/our* contract of sale of the following goods: [designation of product]* the supply of the following digital content: [designation of digital content]* the provision of the following service: [designation of service]*,
• Ordered on*/received on* [date of order for services or receipt for products]
• [Name of consumer(s)]
• [Address of consumer(s)]
• [Signature of consumer(s)] (only when this form is submitted on paper)

* Delete what is not applicable or fill in what is applicable.

Additional terms

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