Terms and Conditions
Welcome to Veiligebuurt. Your neighbourhood watch platform.
It is important to know how your data is handled. If you do not want to read all the small print straight away, we have summarised this information in the points below. Simple, open and transparent.
- We never collect personal data unnecessarily. You register with your address and email address. We use your address to place you in your neighbourhood, and your email address to verify you (as a real user, not a robot) and to keep you informed (for example through a newsletter). We only store your app usage and settings so that our customer service can help you as well as possible with questions and problems.
- We do not ask for any further information about you as a person. Veiligebuurt is only interested in the neighbourhood and street groups and in anonymised data. This anonymised data cannot be traced back to you and we only use it for analyses and to make Veiligebuurt better.
- Within the app, your neighbours and the people around you only see your name (which you enter yourself when you register), unless you indicate that you want to share more information with local residents.
- In your profile in the app, you decide which information you want to share with us. Nothing is mandatory. We may use the information you share with us for research and to provide better information to you as a user and to our partners (such as knowledge institutions, municipalities and insurers). We will never share your personal information with partners and external parties.
- By using the Veiligebuurt app, you give Veiligebuurt and the group owner permission to share your messages and reports (including your profile name) with the police and the municipality. This way, together with the police and the municipality, we can make the neighbourhood safer. The municipality and the police then know what is going on in the neighbourhood and can respond to it, as well as gather evidence for criminal prosecution.
- If you make use of offers in the app or by email, you thereby allow us to share your data with these partners, so that they can make you a suitable offer.
- If you decide to delete your Veiligebuurt account (by emailing info@veiligebuurt.nl), all your data will be deleted.
We care about your privacy and will not do anything with your personal data towards commercial parties. To remain financially viable, we focus on the government (subsidies), on data about streets and neighbourhoods, and on companies that want to strengthen our platform (such as alarms connected to the neighbourhood). We believe this is the only way to make the neighbourhood safe. Veiligebuurt does not share personal data, with the exception of messages and reports in the Veiligebuurt app that may be visible to the police and/or the municipality.
You may hold us to this; it is an integral part of our terms of use.
If you have any questions, feel free to email info@veiligebuurt.nl. We can always schedule a call.
Veiligebuurt terms and conditions
This agreement describes your rights and responsibilities when using the Veiligebuurt website, mobile apps and service – both as a visitor and as a registered member – and sets out what you can expect from us. By clicking “I accept” or by using the Veiligebuurt website, apps or service (“Veiligebuurt”, “Services”), you agree to these terms. So please take a moment to read this legally binding agreement.
Veiligebuurt is intended to put neighbours in touch with each other and to make the neighbourhood safer together. We apply a number of ground rules for this.
Veiligebuurt is for neighbours among themselves and is therefore not for commercial businesses. If you do see a commercial advertisement, please report it to us. We will then remove it immediately. If we suspect that you are engaging in commercial activities within Veiligebuurt, we may remove your advertisements and/or close your account.
Treat everyone with respect
- Assume other people’s good intentions and give them the benefit of the doubt.
- You can disagree with each other in good harmony; focus on the subject of the discussion and do not attack others personally. Do not use abusive language.
- Be moderate and do not post so many messages that they dominate the conversations.
- Send private messages or post messages in a group when a limited audience is more appropriate.
- Discriminatory or racist messages are strictly prohibited.
Share useful information
- Answer questions from other members.
- Share information about neighbourhood watch and safety.
- Discuss issues and problems that arise in the neighbourhood (but avoid campaigns).
- Lend a helping hand when neighbours need it.
Present yourself honestly, the way you want to
- Use your real name, not an alias, pseudonym or abbreviation.
- Join as an individual; not as a couple, family or organisation.
- Take the time to add a photo and complete your profile.
On Veiligebuurt, you communicate the way you would in person, so no offensive language, etc. Veiligebuurt may intervene in public messages and/or remove them if they are indecent or unlawful. We do not read private messages, unless we receive complaints about them.
Veiligebuurt is personal: you are who you say you are. We respect your privacy (see also our Privacy statement). Do keep your details up to date.
Use your common sense and do not do things you would not normally do. You are responsible for your own (online) safety. Veiligebuurt is an “open” platform, so do not share sensitive information that you do not want others or strangers to receive.
Veiligebuurt is happy to help and support you in solving problems. However, we are not legally liable, unless you can prove that we acted intentionally or with gross negligence.
Veiligebuurt is not perfect. If you see something that could be better, we would love to hear about it. The site/app may change from time to time or be briefly unavailable. We may add new things or remove things because they turn out not to be useful.
Veiligebuurt would like to show how valuable the neighbourhood watch platform is. We may therefore share requests via Twitter, Veiligebuurt or our newsletter. Of course, you will see in advance what we want to share, and you can subscribe to and unsubscribe from the newsletter separately.
Veiligebuurt may amend these terms when necessary. We will announce this in advance and will, of course, give you ample time to get used to the new rules.
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities (‘Statement’, ‘Terms’ or ‘SRR’) contains our terms of service, which govern our relationship with users and others who interact with Veiligebuurt. The Statement also applies to the Veiligebuurt brands, products and services referred to. By using or accessing the Veiligebuurt services, you agree to this Statement, which is updated regularly in accordance with the provisions in the article below. At the end of this document you will also find resources with information about how Veiligebuurt works.
Privacy
Your privacy is very important to us. We have drawn up a Privacy statement containing important provisions about how you can use Veiligebuurt to share items with others and how we collect and may use your content and information. We encourage you to read it and to make decisions based on it.
Sharing your content and information
You own all of the content and information you post on Veiligebuurt, and you can use the settings to control how it is shared. In addition:
- For content that is covered by intellectual property rights (IP), such as photos and videos (IP content), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use any IP content that you post on or in connection with Veiligebuurt (IP licence). This IP licence ends when you delete your IP content or your account, unless your content has been shared with others and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. Deleted content may remain in backups for a reasonable period of time (but will never be available to others).
- When you use an application, the application may ask for your permission to access your content and information, as well as content and information that others have shared with you. We require applications to respect your privacy, and your permission for that application determines how it can use, store and transfer that content and information.
- We always appreciate your feedback or other suggestions about Veiligebuurt, but please understand that we may use this information without any obligation to compensate you for it. Of course, you are also under no obligation to provide it.
Safety
We do our best to keep Veiligebuurt safe, but we cannot guarantee it. We need your help to keep Veiligebuurt safe. Please therefore follow these rules:
- Do not post unauthorised commercial communications (such as spam) on Veiligebuurt.
- Do not collect users’ content or information, or otherwise access Veiligebuurt, using automated means (such as harvesting bots, robots, spiders or scrapers) without our prior permission.
- Do not engage in unlawful multi-level marketing, such as a pyramid scheme, on Veiligebuurt.
- Do not upload viruses or other malicious code.
- Do not ask people for their login details and do not log in to someone else’s account.
- Do not bully, intimidate or harass any user.
- Do not post content that is hateful, threatening or pornographic; incites violence; or contains nudity or gratuitous violence.
- Do not use Veiligebuurt for anything unlawful, misleading, malicious or discriminatory.
- Do not do anything that could disrupt, overburden or impair the proper working or appearance of Veiligebuurt, such as a denial-of-service attack or interference with page rendering or other Veiligebuurt functionality.
- Do not facilitate or encourage any violations of this Statement.
Registration and account security
Veiligebuurt users provide their real names and information, and we need your help to keep it that way. Here are some rules you must follow when registering and securing your account:
- Do not provide false personal information on Veiligebuurt, and do not create an account for anyone else without their permission.
- Do not create more than one personal account.
- If we disable your account, do not create another one without our permission.
- Do not use Veiligebuurt if you are under 16.
- Do not use Veiligebuurt if you have been convicted of a sexual offence.
- Do not use Veiligebuurt in “bad faith” and/or with criminal intentions.
- Keep your contact information accurate and up to date.
- Do not share your password (and developers do not share their secret key), do not let anyone else access your account, and do not do anything that might jeopardise the security of your account.
- Do not transfer your account to anyone else without first getting our written permission.
- If you select a username or similar identifier for your account or page, we reserve the right to remove or reclaim it if we believe it is inappropriate.
Protecting other people’s rights
We respect other people’s rights and expect you to do the same.
- Do not post content or take any action on Veiligebuurt that infringes or violates someone else’s rights or otherwise violates the law.
- We can remove any content or information you post on Veiligebuurt if we believe that it violates this Statement or our policies.
- We provide you with tools to help you protect your intellectual property rights.
- If we remove your content for infringing someone else’s copyright and you believe we removed it by mistake, you can appeal.
- If you repeatedly infringe other people’s intellectual property rights, we will disable your account where justified.
- Do not use our copyrights, trademarks or any confusingly similar marks, except as expressly permitted by our Brand usage guidelines or with our written permission.
- If you collect information from users, you must obtain their consent and make it clear that you (and not Veiligebuurt) are the one collecting the information.
- Do not post anyone else’s identification documents or sensitive financial information on Veiligebuurt.
Mobile and other devices
- We provide our mobile services free of charge, but please be aware that your carrier’s normal rates (such as for text messages and data) still apply.
- If your mobile phone number, email address or phone changes or is deactivated, you will update your Veiligebuurt account details within 48 hours to ensure that your messages are not sent to the person who acquires your old email address, phone or phone number.
- You give consent and all rights necessary to enable users to sync their devices (including through an application) with any information and contact details that are visible to them on Veiligebuurt.
Special provisions applicable to software
- If you download or use our software, such as a stand-alone software product, an app or a browser plug-in, you agree that from time to time the software may download and install upgrades, updates and additional features from us in order to improve, enhance and further develop the software.
- You may not modify, create derivative works of, decompile or otherwise attempt to extract source code, unless you are expressly permitted to do so under an open-source licence or we have given you express written permission.
Amendments
- We reserve the right to make changes to this statement. We recommend that you consult this statement regularly so that you are aware of any changes.
- If you continue to use the Veiligebuurt services after being notified of changes to our terms, guidelines or policies, you agree to the amended terms.
Termination
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Veiligebuurt to you. We will notify you by email or the next time you attempt to access your account. You may delete or deactivate your account at any time.
Disputes
- You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Veiligebuurt Statement exclusively in a Dutch district court, and you agree to submit to the personal jurisdiction of such courts for the purpose of resolving such claims. This Statement and any claims between you and us are governed by the laws of the Netherlands, without regard to conflict of law provisions.
- If anyone brings a claim against us related to your actions, content or information on Veiligebuurt, you will indemnify us against all damages, losses and expenses related to such claim (including reasonable legal fees and costs). Although we provide rules for user conduct, we do not control or direct users’ actions on Veiligebuurt and are not responsible for the content or information users transmit or share on Veiligebuurt. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Veiligebuurt. We are not responsible for the conduct, whether online or offline, of any Veiligebuurt user.
- WE TRY TO KEEP VEILIGEBUURT UP, ERROR-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE PROVIDE VEILIGEBUURT AS IS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT VEILIGEBUURT WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE, OR THAT VEILIGEBUURT WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. VEILIGEBUURT IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION OR DATA OF THIRD PARTIES AND OTHER USERS, AND YOU RELEASE US, OUR DIRECTORS, MANAGERS, EMPLOYEES AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH PARTIES.
- Veiligebuurt is not liable for content shared in the Veiligebuurt app. This applies to content shared by persons/users, Internet of Things alarm systems or automated content from other sources (such as police information), as well as to content processed or generated automatically by Veiligebuurt.
Definitions
- By ‘Veiligebuurt’ or ‘Veiligebuurt services’ we mean the features and services we make available, including through (a) our website at www.Veiligebuurt.com; (b) our platform; (c) the Veiligebuurt app; and (d) other media, brands, products, services, software (such as a toolbar), devices or networks now existing or later developed.
- By ‘Platform’ we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Veiligebuurt or provide data to us.
- By ‘information’ we mean facts and other information about you, including actions taken by users and non-users who interact with Veiligebuurt.
- By ‘content’ we mean anything you or other users post, provide or share using Veiligebuurt services.
- By ‘data’, ‘user data’ or ‘data of the user’ we mean any data, including a user’s content or information, that you or third parties retrieve from Veiligebuurt or provide to Veiligebuurt through the Platform.
- By ‘post’ we mean post on Veiligebuurt or otherwise make available by using Veiligebuurt.
- By ‘use’ we mean use, run, copy, publicly perform or display, distribute, modify, translate and create derivative works of.
- By ‘application’ we mean any application or website that uses or accesses the Platform, as well as anything else that receives or has received data from us. If you no longer access the Platform but have not deleted all data from us, the term ‘application’ will apply until you delete the data.
Other
- This Statement is an agreement between you and Veiligebuurt B.V., established in the Netherlands.
- This Statement makes up the entire agreement between the parties regarding Veiligebuurt, and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition or sale of assets, or by operation of law or otherwise.
- Nothing in this Statement shall prevent us from complying with the law.
- This Statement does not confer any third-party beneficiary rights.
- This agreement does not create any agency, partnership, joint venture, employment or franchise relationship.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or accessing Veiligebuurt.
Veiligebuurt privacy statement
At Veiligebuurt, we ask you to provide your name, contact details and other personal information. We also collect data about the use of our site. You have the right to request access to your data or to have it deleted. In this privacy statement, we explain this further.
Providing personal information
Veiligebuurt is personal: you are who you say you are. That is why we ask for your name, address and email address when you register. However, this is only for verification. The people you are in contact with in your neighbourhood only see your (self-chosen) name and public Veiligebuurt profile. When you get in touch with your neighbourhood in the chat, you decide which information you want to exchange.
Veiligebuurt also keeps track of which reports and messages you have created and which ones you have indicated you do or do not find interesting. We use this data to improve the site/app and to generate relevant overviews. Veiligebuurt keeps this data to itself (including external processors that only process this data for us, such as Mailchimp and similar services). An exception applies to sharing reports and messages with the police and/or the municipality. Veiligebuurt (and group owners) are permitted to do this, as the police and the municipality are directly responsible for improving safety in the neighbourhood. In case of misuse or problems, we may use this data or hand it over to the judicial authorities. We may also look, in anonymised form, at what kinds of messages are sent and received. We do this to improve the service and to prevent or detect misuse. Veiligebuurt also keeps this data to itself (with the exception of external processors, such as Mailchimp and similar services). We may read your messages in non-anonymised form only when there are specific complaints or when the judicial authorities require us to. Veiligebuurt will never share personal data with third parties (other than processors that do so for Veiligebuurt and fully comply with these terms). Veiligebuurt may share data with third parties if this data cannot be traced back to a person and does not contain personal data.
If you make use of offers from the app or email (insurance, alarm system), Veiligebuurt will share your details (including postcode and house number) with these partners so that they can make you a suitable offer and deliver their services.
Your profile name, including an indication of where you (approximately) live (address or postcode), is shown on the site/app. Your exact address is never made public without your explicit permission in the app. Although we do our best to protect everyone’s privacy, we cannot prevent public data from being used by someone else. So always use your common sense and do not mention private matters.
Collecting visitor information
Veiligebuurt collects general visitor data, such as your computer’s IP address, information about your browser, the time of the request and data that your browser sends. We use this data for statistical analyses of visiting and clicking behaviour on the website and app, and also to monitor the security of the site/app. We do not link this data to the personal information mentioned above.
Contact form or newsletter
If you fill in the contact form on the website or send us an email, the data you send us will be kept for as long as is necessary, given the nature of the form or the content of your email, to answer and handle it fully. If you become a member, we periodically send you our newsletter with new features, updates, additions and tips. Every newsletter contains an unsubscribe option that you can use to stop receiving it. The newsletter’s subscriber list is not provided or made available to third parties.
Use of cookies
We use cookies to give you access to the site and to make logging in easier. These are small files that are stored on your computer and that record information about you as a visitor to our site. Thanks to a cookie, you can always be logged in when you visit our site. For this automatic login, you need to tick the ‘Remember details’ box when logging in. In addition, a cookie is used to record clicking behaviour on our site.
If you want to disable the use of cookies, you can set your browser to refuse all cookies or to indicate when cookies are being sent. Please note that some parts of the site may not work properly if you do not accept cookies.
We also measure visitor behaviour with a cookie.
Security of personal data
We use strict security procedures to prevent unauthorised persons from gaining access to personal data.
Changes to the privacy statement
We reserve the right to make changes to this privacy statement. We recommend that you consult this statement regularly so that you are aware of any changes.
Accessing and changing your data
You can change your personal details on your profile page. You can close your account by sending an email to Veiligebuurt.
For questions about our privacy policy or about accessing, changing or deleting your personal data, you can contact us at support@veiligebuurt.nl
General terms and conditions of the Veiligebuurt.nl webshop
These general terms and conditions have been drawn up in accordance with the model contract of the Dutch Thuiswinkel Organisatie.
The last changes date from June 2020.
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
- Ancillary agreement: an agreement under which the consumer acquires products, digital content and/or services in connection with a distance contract, where these items, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;
- Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
- Consumer: the natural person who is not acting for purposes relating to their trade, business, craft or professional activity;
- Day: calendar day;
- Digital content: data that is produced and supplied in digital form;
- Continuing performance contract: an agreement that provides for the regular supply of goods, services and/or digital content during a certain period;
- Durable medium: any means – including email – that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and that allows the unchanged reproduction of the stored information;
- Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;
- Trader: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
- Distance contract: an agreement concluded between the trader and the consumer within the framework of an organised system for the distance selling of products, digital content and/or services, where, up to and including the conclusion of the agreement, exclusive or partial use is made of one or more techniques for distance communication;
- Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions. Annex I does not have to be made available if the consumer has no right of withdrawal in respect of their order;
- Technique for distance communication: a means that can be used to conclude an agreement without the consumer and the trader having to be in the same room at the same time.
Article 2 – Identity of the trader
Veiligebuurt B.V.;
Het Lentfert 51, 7547 SN Enschede;
Visiting address: Helftheuvelweg 11, 5222 AV ‘s-Hertogenbosch;
Email address: info@veiligebuurt.nl
Chamber of Commerce (KvK) number: 62932861
VAT identification number: NL855020921B01
Article 3 – Applicability
- These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.
- 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 trader will, before the distance contract is concluded, indicate how the general terms and conditions can be viewed at the trader’s premises and that they will be sent free of charge as soon as possible at the consumer’s request.
- If the distance contract is concluded electronically, then, notwithstanding 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 the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, 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.
- If specific product or service terms apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting terms the consumer may always invoke the applicable provision that is most favourable to them.
Article 4 – The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
- The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow the consumer to assess the offer properly. If the trader 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 trader.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5 – The agreement
- Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set out in it.
- If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the trader has not confirmed receipt of this acceptance, the consumer may dissolve the agreement.
- If the agreement is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures for this.
- Within the statutory framework, the trader may find out whether the consumer can meet their payment obligations, as well as all facts and factors that are relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the trader has good reasons not to enter into the agreement, the trader is entitled to refuse an order or request, giving reasons, or to attach special conditions to its performance.
- No later than on delivery of the product, service or digital content to the consumer, the trader will send the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
- the visiting address of the trader’s establishment where the consumer can go with complaints;
- the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
- the information about guarantees and existing after-sales service;
- the price including all taxes of the product, service or digital content; where applicable, the delivery costs; and the method of payment, delivery or performance of the distance contract;
- the requirements for terminating 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.
- 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:
- The consumer can dissolve an agreement relating to the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The trader may ask the consumer for the reason for withdrawal, but may not oblige them to state their reason(s).
- The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
- if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by them, received the last product. Provided the trader has clearly informed the consumer of this before the ordering process, the trader may refuse an order of several 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, received the last shipment or the last part;
- for agreements for the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by them, received the first product.
For services and digital content not supplied on a tangible medium:
- The consumer can dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium for at least 14 days without giving reasons. The trader may ask the consumer for the reason for withdrawal, but may not oblige them to state their reason(s).
- The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended cooling-off period for products, services and digital content not supplied on a tangible medium if the consumer has not been informed about the right of withdrawal:
- If the trader 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.
- If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months of the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.
Article 7 – Obligations of the consumer during the cooling-off period
- During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The starting point is that the consumer may only handle and inspect the product as they would be allowed to in a shop.
- The consumer is only liable for any reduction in the value of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.
- The consumer is not liable for any reduction in the value of the product if the trader has not provided them with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 – Exercise of the right of withdrawal by the consumer and its costs
- If the consumer exercises their right of withdrawal, they will notify the trader of this within the cooling-off period by means of the model withdrawal form or in another unambiguous way.
- 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 authorised representative of) the trader. This is not necessary if the trader has offered to collect the product itself. The consumer has in any case observed the return period if they return the product before the cooling-off period has expired.
- The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
- The consumer bears the direct costs of returning the product.
- If the consumer exercises their right of withdrawal, all ancillary agreements are dissolved by operation of law.
Article 9 – Obligations of the trader in the event of withdrawal
- If the trader allows the consumer to notify withdrawal electronically, the trader will send an acknowledgement of receipt immediately after receiving this notification.
- The trader will reimburse all payments made by the consumer, excluding any delivery costs charged by the trader for the returned product, without delay but within 14 days following the day on which the consumer notifies the trader of the withdrawal. Unless the trader offers to collect the product itself, the trader may wait to reimburse until it has received the product or until the consumer demonstrates that they have returned the product, whichever is earlier.
- The trader uses the same means of payment that the consumer used for the reimbursement, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
- If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the trader does not have to reimburse the additional costs of the more expensive method.
Article 10 – Exclusion of the right of withdrawal
The following products and services are excluded from the right of withdrawal:
- Service agreements, after the service has been fully performed, but only if:
- Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance, other than for residential purposes, the transport of goods, car rental services and catering;
- Products manufactured according to the consumer’s specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
- The supply of digital content other than on a tangible medium
Article 11 – 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.
- Price increases within 3 months of the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement 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 of products or services stated in the offer include VAT.
Article 12 – Performance of the agreement and additional guarantee
- The trader 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 statutory provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use.
- An additional guarantee provided by the trader, its supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against the trader under the agreement if the trader has failed to fulfil its part of the agreement.
- An additional guarantee means any commitment by the trader, its supplier, importer or producer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to do if it has failed to fulfil its part of the agreement.
Article 13 – Delivery and performance
- The trader will take the greatest possible care when receiving and carrying out orders for products and when assessing requests for the provision of services.
- The place of delivery is the address that the consumer has made known to the trader.
- With due observance of what is stated in article 4 of these general terms and conditions, the trader will carry out accepted orders expeditiously 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 carried out or can only be carried out in part, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.
- After dissolution in accordance with the previous paragraph, the trader will immediately refund the amount paid by the consumer.
- The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or to a representative designated in advance and made known to the trader, unless expressly agreed otherwise.
Article 14 – Continuing performance contracts: duration, termination and renewal
Termination:
- The consumer may terminate an agreement that has been entered into for an indefinite period and that provides for the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
- The consumer may terminate an agreement that has been entered into for a fixed period and that provides for the regular supply of products (including electricity) or services at any time with effect from the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.
Renewal:
- An agreement that has been entered into for a fixed period and that provides for the regular supply of products (including electricity) or services is tacitly renewed for an indefinite period, after which the consumer may terminate this renewed agreement with effect from the end of the renewal with a notice period of no more than one month.
Duration:
- 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 preclude termination before the end of the agreed term.
Article 15 – Payment
- Unless otherwise provided in the agreement or additional terms, the amounts owed by the consumer must be paid within 14 days of the start of the cooling-off period or, if there is no cooling-off period, within 14 days of the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
- When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. If advance payment has been stipulated, the consumer cannot assert any rights regarding the performance of the order or service(s) concerned until the stipulated advance payment has been made.
- The consumer has the duty to report inaccuracies in payment details provided or stated to the trader without delay.
- If the consumer does not meet their payment obligation(s) on time, then, after the trader has pointed out the late payment and has given the consumer a period of 14 days to still meet their payment obligations, and payment has not been made within this 14-day period, the consumer owes statutory interest on the amount still due and the trader is entitled to charge the extrajudicial collection costs it has incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500; and 5% on the next € 5,000, with a minimum of € 40. The trader may deviate from these amounts and percentages in the consumer’s favour.
Article 16 – Complaints procedure
- The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
- Complaints about the performance of the agreement must be submitted to the trader, fully and clearly described, within a reasonable time after the consumer has discovered the defects.
- Complaints submitted to the trader will be answered within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will reply within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
- The consumer must in any case give the trader 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement procedure.
- Complaints must be reported by the consumer to the trader by email at info@veiligebuurt.nl
Article 17 – Disputes
- Agreements between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.
Article 18 – Additional or different provisions
Additional provisions or provisions that differ 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 in an accessible manner on a durable medium.