General Terms and Conditions

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 – Entrepreneur's obligations 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 contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;
2. Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
3. Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Ongoing agreement: an agreement for 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 him 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 the unchanged reproduction of the stored information;
8. Right of withdrawal: the possibility for the consumer 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 to consumers remotely.
10. Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organised system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the contract, exclusive or partial use is made of one or more means of distance communication;
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 provided if the consumer does not have a right of withdrawal for his order;
12. Means of distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be simultaneously present in the same room.

Article 2 – Identity of the entrepreneur

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

Business 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 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 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 inspected at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible upon 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 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 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 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 under 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 errors in the offer do not bind the entrepreneur.
3. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 – The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set 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, ascertain 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 grounds not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to its execution.
5. The entrepreneur will send 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 data carrier, at the latest upon delivery of the product, service or digital content:

• 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 for an indefinite period;
• if the consumer has a right of withdrawal, the model withdrawal form.

6. In the case of an ongoing transaction, the provision in the previous paragraph applies only 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 for the reason for withdrawal, but cannot oblige him to state his 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 him, 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.
• 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 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 him, 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 stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot oblige him to state his 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 will expire twelve months after the end of the original cooling-off period, as determined in accordance with the previous paragraphs of this article.
6. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after 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 establish 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 in a store.
2. The consumer is only liable for any diminished value 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 must notify the entrepreneur within the reflection period by means of the model withdrawal form or by other unambiguous means.
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 observed the return period if he returns the product before the reflection period has expired.
3. The consumer returns the product with all supplied 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 lies with the consumer.
5. The consumer bears the direct costs of returning the product.
6. If the consumer withdraws after having explicitly 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 that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation.
7. The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity, which have not been 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 reimbursement in case of withdrawal or the model withdrawal form, or;
• the consumer has not explicitly requested the commencement of the performance of the service or the supply of gas, water, electricity or district heating during the reflection period.

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

• he has not explicitly agreed 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. As we process orders quickly, cancellation may no longer be possible. In that case, you can exercise the right of withdrawal after receiving the order.

Article 9 – Obligations of the entrepreneur in case of 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 method of delivery than the cheapest standard delivery, the entrepreneur is not obliged 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. Refunds will be made to the previously specified bank account number.

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, or 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 whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or given the opportunity to be personally present at the auction, under the supervision of an auctioneer, and whereby 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 explicit prior consent; and
• the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the agreement;

4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and agreements for passenger transport;
5. Service agreements for the provision of accommodation, if a specific date or period of performance is provided for in the agreement and for purposes other than residential purposes, goods transport, car rental services and catering;
6. Agreements relating to leisure activities, if a specific date or period for the performance thereof is provided for in the agreement;
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 due to health protection or hygiene reasons and whose seal has been broken after delivery;
10. Products that, due to their nature, have been irrevocably mixed with other products after delivery;
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 supply of digital content not on a tangible medium, but only if:

• the performance has begun with the consumer's explicit 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. By Cee Cee applies independent prices and promotions per sales channel (webshop, marketplaces, social media promotions). Price differences between channels may arise due to temporary promotions, channel-specific discounts, or stock differences.
4. A detected price difference after purchase, or the non-application of a valid discount code before completing the order, does not automatically entitle the customer to compensation.
5. By Cee Cee may, solely at its discretion and after assessing the individual situation, decide on leniency only in the form of store credit. This is a one-time gesture of goodwill and does not set a precedent for future orders.
6. This article does not affect the statutory right of withdrawal.
7. The prices stated in the offer of products or services include VAT.

Article 12 – Performance of agreement and extra warranty

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 additional 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 additional guarantee is understood to mean any commitment by 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 product orders 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 at the latest 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 informed of this no later than 30 days after he placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
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 pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.
6. The entrepreneurs is not liable for damage, of any kind whatsoever, caused by the entrepreneur having 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, which provides for the regular delivery of products (including electricity) or services, at any time, subject to 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, which provides for the regular delivery of products (including electricity) or services, at any time at the end of the definite period, subject to agreed termination rules and a notice period of no more than one month.
3. The consumer may terminate the agreements referred to in the preceding 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;
• always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal:

4. An agreement entered into for a definite period, which provides for the regular delivery of products (including electricity) or services, may not be tacitly renewed or extended for a definite period.
5. Notwithstanding the previous paragraph, an agreement entered into for a definite period, which provides for the regular delivery of daily, news and weekly newspapers and magazines, may be tacitly renewed 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, which provides for 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 cases where the agreement provides for the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. An agreement for a limited period 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 end automatically 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 term.

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 start of the cooling-off period, or, in the absence of a 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 starts 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. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) concerned until the stipulated advance payment has been made.
3. The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
4. If the consumer does not meet their payment obligation(s) in time, they will owe statutory interest on the outstanding amount after the entrepreneur has informed them of the late payment and granted them a period of 14 days to still meet their payment obligations, and payment has not been made within this 14-day period. The entrepreneur is also entitled to charge the extrajudicial collection costs incurred by them. 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 publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur 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 14 days with an acknowledgement 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 should first turn to the entrepreneur. If the webshop is affiliated with WebwinkelKeur and for complaints that cannot be resolved by mutual agreement, the consumer should turn to WebwinkelKeur (www.webwinkelkeur.nl), who will mediate free of charge. Check whether this webshop has an active membership via  https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the option to have their complaint handled by the independent disputes 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 disputes committee, which must be paid by the consumer to the committee concerned. 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, either 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 case of interpretation of the content and scope of these general terms and conditions, the Dutch text thereof shall always prevail. 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 will be settled by the competent court in Amsterdam, unless provisions of mandatory law lead to the jurisdiction of another court.

Article 18 - Mobile service 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 under 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 deemed acceptance thereof.
2. By consenting to By Cee Cee's SMS/text messaging service, you agree to receive repeated 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 included in 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 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 this, 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 more messages will then be sent to your mobile device, unless you reactivate the Service. If you have also signed up for other mobile messaging services from By Cee Cee and wish to terminate these, 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 under 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 lawyer 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: [entrepreneur's name][entrepreneur's geographical address][entrepreneur's fax number, if available][entrepreneur's email address or electronic address]
• I/We* hereby inform you that I/we* withdraw from our contract regarding the sale of the following products: [product designation]*the delivery of the following digital content: [digital content designation]*the provision of the following service: [service designation]*,
• Ordered on*/received on* [date of order for services or receipt for products]
• [Consumer(s) name]
• [Consumer(s) address]
• [Consumer(s) signature] (only if this form is submitted on paper)

* Strike out what is not applicable or fill in what is applicable.

Additional terms and conditions

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