General Terms and Conditions

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Costs in the event of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and guarantee
Article 11 - Delivery and performance
Article 12 - Continuous transactions: duration, cancellation and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions

Article 1 - Definitions

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

Withdrawal period: the period during which the consumer may exercise their right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Subscription: a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the withdrawal period;
Model form: the model withdrawal form provided by the entrepreneur, which a consumer can complete when they wish to exercise their right of withdrawal.
Entrepreneur: the natural person or legal entity that offers products and/or services to consumers at a distance;
Distance contract: a contract concluded within the framework of an organised system for the distance sale of products and/or services, whereby one or more means of communication at a distance are used exclusively up to and including the conclusion of the contract;
Means of communication at a distance: a means that can be used to conclude a contract without the consumer and entrepreneur being together in the same space at the same time.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Samako Cleaning (Blue Days B.V.);
Laanenderweg 17
1812PW, Alkmaar
The Netherlands

Telephone number: 085 303 8845
Email address: info@samako.nl
Chamber of Commerce number: 90729099
VAT identification number: NL865431681B01

Represented by Mr Boet Wokke, owner and managing director.

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and order placed between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it shall be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.
If the agreement is concluded electronically at a distance, notwithstanding the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily save it on a durable data carrier. If this is not reasonably possible, before the distance agreement is concluded, the consumer will be informed where the general terms and conditions can be viewed electronically and that, at the consumer’s request, they will be sent free of charge electronically or by other means.
If, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to them.
If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions will otherwise remain in force, and the provision concerned will be replaced without delay by mutual agreement with a provision that most closely approximates the purpose of the original provision.
Situations not covered by these general terms and conditions must be assessed in accordance with the spirit of these general terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted in accordance with the spirit of these general terms and conditions.

Article 4 - The offer

If an offer has a limited validity period or is subject to conditions, this will be expressly stated in the offer.
The offer is non-binding. The business is entitled to amend and modify the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the business uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the business.
All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images of products are a true representation of the products offered. The business cannot guarantee that the colours shown exactly match the actual colours of the products.
Every offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This concerns in particular:

the price including taxes;
any delivery costs;
how the contract will be concluded and what actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the contract;
the period for accepting the offer, or the period within which the trader guarantees the price;
the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the communication medium used;
whether the contract will be archived after it has been concluded, and if so, how it can be consulted by the consumer;
how the consumer can check and, if desired, correct the data they provided in connection with the contract before concluding it;
any other languages in which, in addition to Dutch, the contract can be concluded;
the codes of conduct to which the trader has committed and how the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a continuing transaction.

Article 5 - The contract

Subject to the provisions of paragraph 4, the contract is concluded when the consumer accepts the offer and fulfils the conditions stipulated in this regard.
If the consumer has accepted the offer electronically, the trader shall promptly confirm receipt of the acceptance of the offer electronically. Until the trader has confirmed this acceptance, the consumer may terminate the contract.
If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures for this purpose.
The trader may - within the statutory framework - ascertain whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the trader has good reason not to enter into the contract, they are entitled to refuse an order or request, stating their reasons, or to attach special conditions to its execution.
The trader shall provide the consumer with the following information with the product or service, in writing or in such a way that the consumer can store it accessibly on a durable medium:

the visiting address of the trader's establishment where the consumer can submit complaints;
the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
the information about warranties and existing after-sales service;
the information referred to in Article 4, paragraph 3, of these terms and conditions, unless the trader has already provided this information to the consumer before performing the agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a subscription, the provision in the previous paragraph applies only to the first delivery.
Every agreement is concluded subject to the suspensive condition of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

For the delivery of products:

When purchasing products, the consumer has the option to cancel the agreement without giving any reason for 14 days. This withdrawal period begins on the day after the product is received by the consumer or by a representative previously designated by the consumer and notified to the trader.
During the withdrawal period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to determine whether they wish to keep it. If they exercise their right of withdrawal, they shall return the product to the trader with all supplied accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise their right of withdrawal, they must notify the trader within 30 days of receiving the product. The consumer must notify the trader using the model withdrawal form or another means of communication, such as email. After notifying the trader that they wish to exercise their right of withdrawal, the customer must return the product within 30 days to the following address:
Return address: Zoete Inval 4, 4815 HK Breda
The consumer must prove that the delivered goods were returned on time, for example by means of proof of dispatch.
If, after the periods referred to in paragraphs 2 and 3 have expired, the customer has not indicated that they wish to exercise their right of withdrawal or has not returned the product to the trader, the purchase is final.

For the provision of services:

For the provision of services, the consumer has the option to cancel the agreement without giving reasons for at least 30 days, starting on the day the agreement is concluded.
To exercise their right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the trader with the offer and/or at the latest upon delivery.

Article 7 - Costs in the event of withdrawal

If the consumer exercises their right of withdrawal, they will bear no more than the costs of returning the product. The product must be returned to:
Return address: Zoete Inval 4, 4815 HK Breda
If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 30 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided. The refund will be made using the same payment method used by the consumer, unless the consumer expressly agrees to another payment method.
If the product is damaged due to careless handling by the consumer, the consumer is liable for any resulting depreciation of the product.
The consumer cannot be held liable for any depreciation of the product if the trader has not provided all legally required information about the right of withdrawal before concluding the sales agreement.

Article 8 - Exclusion of the right of withdrawal

The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal is only valid if the trader has clearly stated this in the offer, or at least in good time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:

that have been made by the trader in accordance with the consumer's specifications;
that are clearly personal in nature;
that by their nature cannot be returned;
that can spoil or age quickly;
whose price is linked to fluctuations on the financial market over which the trader has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software whose seal the consumer has broken;
for hygiene products whose seal the consumer has broken.

Exclusion of the right of withdrawal is only possible for services:

concerning accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
for which delivery has begun with the consumer's express consent before the cooling-off period has expired;
concerning bets and lotteries.

Article 9 - The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
By way of derogation from the previous paragraph, the trader may offer products or services whose prices are linked to fluctuations on the financial market over which the trader has no influence at variable prices. This link to fluctuations and the fact that any prices stated are indicative prices are mentioned in the offer.
Price increases within 3 months after the agreement was concluded are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the agreement was concluded are only permitted if the trader has stipulated this and:

they result from statutory regulations or provisions; or
the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.

The prices stated in the offer for products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing or typesetting errors, the trader is not obliged to supply the product at the incorrect price.

Article 10 - Conformity and guarantee

The trader warrants 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 statutory provisions and/or government regulations applicable on the date the agreement was concluded. Where agreed, the trader also warrants that the product is suitable for use other than normal use.
A guarantee provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the trader under the agreement.
The statutory guarantee applies to all products. The duration of the statutory guarantee may vary depending on the nature of the product.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of their discovery.
The guarantee does not apply if:

the consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the entrepreneur's instructions and/or have been handled contrary to the instructions on the packaging;
the defectiveness is wholly or partly the result of regulations that the government has imposed or will impose concerning the nature or quality of the materials used.

Article 11 - Delivery and performance

The entrepreneur will exercise the utmost care when receiving and fulfilling orders for products and when assessing applications for the provision of services.
The delivery address is the address that the consumer has provided to the company.
Subject to the provisions of paragraph 4 of this article, the company will process accepted orders as quickly as possible, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without charge. The consumer is not entitled to contractual compensation.
All delivery periods are indicative. The consumer cannot derive any rights from the periods stated. Exceeding a period does not entitle the consumer to contractual compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. No later than upon delivery, it will be clearly and comprehensibly stated that a replacement item is being supplied. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment will be borne by the entrepreneur.
The risk of damage to and/or loss of products rests with the business until the products are delivered to the consumer or a representative designated in advance and made known to the business, unless expressly agreed otherwise.

Article 12 - Continuous transactions: duration, cancellation and extension

Cancellation

The consumer may cancel an agreement entered into for an indefinite period and intended for the regular delivery of products (including electricity) or services at any time, subject to the agreed cancellation rules and a notice period of no more than one month.
The consumer may cancel an agreement entered into for a fixed period and intended for the regular delivery of products (including electricity) or services at any time before the end of the fixed period, subject to the agreed cancellation rules and a notice period of no more than one month.
The consumer may cancel the agreements referred to in the previous paragraphs:

cancel at any time and not be limited to cancellation at a specific time or during a specific period;
at least cancel in the same manner in which they entered into the agreement;
always cancel with the same notice period as the business has stipulated for itself.

Extension

An agreement entered into for a fixed period and intended for the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.
By way of derogation from the previous paragraph, an agreement entered into for a fixed period and intended for the regular delivery of daily, news and weekly newspapers and magazines may be automatically extended for a fixed period of no more than three months if the consumer can cancel the extended agreement by the end of the extension with a notice period of no more than one month.
An agreement entered into for a fixed period and intended for the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month, and a notice period of no more than three months if the agreement is for the regular delivery, but less than once a month, of daily, news and weekly newspapers and magazines.
An agreement of limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not automatically renewed and ends automatically after the trial or introductory period.

Duration

If an agreement has a term of more than one year, the consumer may terminate the agreement at any time after one year, subject to a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 13 - Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the cooling-off period referred to in Article 6, paragraph 1, begins. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer is obliged to report inaccuracies in the payment details provided or stated to the trader without delay.
In the event of the consumer's failure to pay, the trader has the right, subject to statutory limitations, to charge reasonable costs that were disclosed to the consumer in advance.

Article 14 - Complaints procedure

The trader has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to the trader in full and clearly described within 2 months after the consumer has discovered the defects.
Complaints submitted to the trader will be answered within 30 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 30-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.
If the trader finds a complaint to be justified, the trader shall, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

Only Dutch law applies to agreements between the trader and the consumer to which these general terms and conditions relate. This also applies if the consumer resides abroad.
The Vienna Sales Convention does not apply.

Article 16 - Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them accessibly on a durable medium.