General conditions House 5
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 – Costs in case of withdrawal
Article 8 – Exclusion right of withdrawal
Article 9 – The price
Article 10 – Conformity and guarantee
Article 11 – Delivery and execution
Article 12 – Duration transactions: duration, cancellation and extension
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or different provisions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
1. Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of a profession or business and
who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract with regard to a series of products and/or services, the
delivery and/or purchase obligation of which is spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information
that is personally addressed to him in a way that allows future consultation and unaltered
reproduction of the stored information.
6. Right of withdrawal: the option for the consumer to cancel the distance contract within the
cooling-off period;
7. Model form: the model form for withdrawal that the entrepreneur makes available that a
consumer can fill in when he wants to make use of his right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a
distance;
9. Distance contract: an agreement in which, within the framework of a system organized by the
entrepreneur for the distance selling of products and/or services, up to and including the conclusion
of the agreement, exclusive use is made of one or more techniques for communication on distance;
10. Technology for distance communication: means that can be used for concluding an agreement,
without the consumer and entrepreneur meeting in the same room at the same time.
11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
House 5
Drapenierstraat 9 rd
2011WZ Haarlem
e-mail: hello@house5.eu
_________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________
Chamber of Commerce registration number 72715383
General Terms & Conditions, version August 2021
Article 2 – Identity of the entrepreneur
Pierre-Luc Moeijs, House 5;
Drapenierstraat 9 rd, 2011WZ Haarlem, The Netherlands;
Phone number: +31 6 11 11 91 43; available Monday to Friday 09:00 – 17:30.
Email: hello@house5.eu
Chamber of Commerce number: 72715383
VAT identification number: NL188163268B01
Article 3 – Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every
distance contract and orders concluded between the entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions is made
available to the consumer. If this is not reasonably possible, before the distance contract is
concluded, it will be indicated that the general terms and conditions can be viewed at the
entrepreneur and they will be sent free of charge as soon as possible at the request of the
consumer.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and
before the distance contract is concluded, the text of these general terms and conditions can be
made available to the consumer electronically in such a way that it is consumer can be stored in a
simple way 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 at the request of the consumer electronically
or otherwise.
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 the consumer can
always invoke the applicable provision in the event of conflicting general terms and conditions. is
most favorable.
5. If at any time one or more provisions in these general terms and conditions are wholly or partially
void or destroyed, the remainder of the agreement and these terms and conditions will remain in
force and the relevant provision will be replaced by a provision in mutual consultation without delay.
approached the tenor of the original as much as possible.
6. Situations that are not regulated in these general terms and conditions must be assessed 'in the
spirit' of these general terms and conditions.
7. Uncertainties about the interpretation or content of one or more provisions of our terms and
conditions must be explained 'in the spirit' of these terms and conditions.
Article 4 – The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly
stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services offered.
The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If
the entrepreneur uses images, these are a true representation of the products and/or services
offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
4. All images, specifications and data in the offer are indicative and cannot give rise to compensation
or dissolution of the agreement.
5. Images accompanying products are a true representation of the products offered. Entrepreneur
cannot guarantee that the displayed colors correspond exactly to the real colors of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations
are attached to the acceptance of the offer. This concerns in the
House 5
Drapenierstraat 9 rd
2011WZ Haarlem
e-mail: hello@house5.eu
_________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________
Chamber of Commerce registration number 72715383
General Terms & Conditions, version August 2021
special:
• the price including taxes;
• any shipping costs;
• the manner in which the agreement will be concluded and which actions are required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery and execution of the agreement;
• the term for acceptance of the offer, or the term within which the entrepreneur 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 base rate for the means of
communication used;
• whether the agreement will be archived after it has been concluded, and if so, how it can be
consulted by the consumer;
• the way in which the consumer, before concluding the agreement, can check and, if desired,
correct the data provided by him in the context of the agreement;
• any other languages in which, in addition to Dutch, the agreement can be concluded;
• the codes of conduct to which the entrepreneur is subject and the way in which the consumer can
consult these codes of conduct electronically; and
• the minimum duration of the distance contract in the case of a long-term transaction.
Article 5 – The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by
the consumer of the offer and the fulfillment of the associated conditions.
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
organizational measures to secure the electronic transfer of data and ensure a safe web
environment. If the consumer can pay electronically, the entrepreneur will observe appropriate
security measures.
4. The entrepreneur can inform himself – within legal frameworks – whether the consumer can meet
his payment obligations, as well as all those facts and factors that are important for a responsible
conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good
reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or
to attach special conditions to the execution.
5. The entrepreneur will send the following information to the consumer with the product or
service, in writing or in such a way that it can be stored by the consumer in an accessible manner on
a durable data carrier:
a. the visiting address of the establishment of the entrepreneur where the consumer can go with
complaints;
b. the conditions under which and the manner in which the consumer can make use of the right of
withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about warranties and existing after-sales service;
d. the information included in Article 4 paragraph 3 of these terms and conditions, unless the
entrepreneur has already provided this information to the consumer before the execution of the
agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than
one year or is of indefinite duration.
6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the
first delivery.
House 5
Drapenierstraat 9 rd
2011WZ Haarlem
e-mail: hello@house5.eu
_________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________
Chamber of Commerce registration number 72715383
General Terms & Conditions, version August 2021
7. Every agreement is entered into under the suspensive conditions of sufficient availability of the
products concerned.
Article 6 – Right of withdrawal
When delivering products:
1. When purchasing products, the consumer has the option to dissolve the agreement without
stating reasons during 14 days. This reflection period starts on the day after receipt of the product
by the consumer or a representative designated in advance by the consumer and announced to the
entrepreneur.
2. During the reflection period, the consumer will handle the product and the packaging with care.
He will only unpack or use the product to the extent necessary to assess whether he wishes to keep
the product. If he makes use of his right of withdrawal, he will return the product with all accessories
supplied and – if reasonably possible – in the original condition and packaging to the entrepreneur, in
accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to
the entrepreneur within 14 days of receipt of the product. The consumer must make this known by
means of the model form or by means of another means of communication, such as by e-mail. After
the consumer has indicated that he wishes to make use of his right of withdrawal, the customer
must return the product within 14 days. The consumer must prove that the delivered goods have
been returned in time, for example by means of proof of shipment.
4. If the customer has not indicated that he wishes to make use of his right of withdrawal or. has not
returned the product to the entrepreneur, the purchase is a fact.
When providing services:
5. When providing services, the consumer has the option to dissolve the agreement without stating
reasons for at least 14 days, commencing on the day of entering into the agreement.
6. To make use of his right of withdrawal, the consumer will refer to the reasonable and clear
instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.
Article 7 – Costs in case of withdrawal
1. If the consumer makes use of his right of withdrawal, at most the costs of return will be for his
account.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as
possible, but no later than 14 days after withdrawal. This is subject to the condition that the product
has already been received back by the web retailer or conclusive proof of complete return can be
submitted. Repayment will be made via the same payment method used by the consumer, unless
the consumer expressly gives permission for another payment method.
3. In the event of damage to the product due to careless handling by the consumer, the consumer is
liable for any loss in value of the product.
4. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not
provided all legally required information about the right of withdrawal, this must be done before
concluding the purchase agreement.
Article 8 – Exclusion right of withdrawal
1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in
paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has
stated this clearly in the offer, at least in good time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been established by the entrepreneur in accordance with the consumer's specifications;
b. which are clearly personal in nature;
c. which by their nature cannot be returned;
House 5
Drapenierstraat 9 rd
2011WZ Haarlem
e-mail: hello@house5.eu
_________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________
Chamber of Commerce registration number 72715383
General Terms & Conditions, version August 2021
d. which can spoil or age quickly;
e. the price of which is subject to fluctuations in the financial market over which the entrepreneur
has no influence;
f. for loose newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the
seal.
h. for hygienic products of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, restaurant business or leisure activities to be carried out
on a specific date or during a specific period;
b. the delivery of which has started with the express consent of the consumer before the cooling-off
period has expired;
c. concerning betting and lotteries.
Article 9 – The price
1. 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 as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer variable prices for products or
services whose prices are subject to fluctuations in the financial market and over which the
entrepreneur has no influence. This dependence on fluctuations and the fact that any prices stated
are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they
are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the
entrepreneur has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the right to cancel the agreement with effect from the day on which the price
increase takes effect.
5. The prices stated in the offer of products or services include VAT.
6. All prices are subject to printing and typographical errors. No liability is accepted for the
consequences of printing and typing errors. In the event of printing and typesetting errors, the
entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10 – Conformity and 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 reliability and/or usability and the
legal provisions existing on the date of the conclusion of the agreement. and/or government
regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than
normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal
rights and claims that the consumer can assert against the entrepreneur on the basis of the
agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing
within 2 months after delivery. The products must be returned in the original packaging and in new
condition.
4. The entrepreneur's warranty period corresponds to the manufacturer's warranty period.
However, the entrepreneur is never responsible for the ultimate suitability of the products for each
individual application by the consumer, nor for any advice regarding the use or application of the
products.
5. The warranty does not apply if:
House 5
Drapenierstraat 9 rd
2011WZ Haarlem
e-mail: hello@house5.eu
_________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________
Chamber of Commerce registration number 72715383
General Terms & Conditions, version August 2021
• The consumer has repaired and/or modified the delivered products himself or has had them
repaired and/or processed by third parties;
• The delivered products have been exposed to abnormal conditions or are otherwise handled
carelessly or contrary to the instructions of the entrepreneur and/or have been treated on the
packaging;
• The defectiveness is wholly or partly the result of regulations that the government has made or
will make with regard to the nature or quality of the materials used.
Article 11 – Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving and executing orders for
products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in paragraph 4 of this article, the company will execute
accepted orders expeditiously but at the latest within 30 days, unless the consumer has agreed to a
longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed,
the consumer will be notified of this no later than 30 days after he has placed the order. In that case,
the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to
compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any stated terms.
Exceeding a term does not entitle the consumer to compensation.
5. 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 at the latest within 14 days after
dissolution.
6. If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to
make a replacement article available. At the latest upon delivery, it will be stated in a clear and
comprehensible manner that a replacement item is being delivered. For replacement items right of
withdrawal can not be excluded. The costs of any return shipment are for the account of the
entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of
delivery to the consumer or a representative designated in advance and made known to the
entrepreneur, unless expressly agreed otherwise.
Article 12 – Duration transactions: duration, cancellation and extension
cancellation
1. The consumer can cancel an agreement that has been entered into for an indefinite period and
that extends to the regular delivery of products (including electricity) or services, at any time with
due observance of the agreed cancellation rules and a notice period of no more than one month.
2. The consumer can terminate an agreement that has been entered into for a definite period and
which extends to the regular delivery of products (including electricity) or services, at any time
towards the end of the fixed term, with due observance of the agreed cancellation rules and a notice
period. of a maximum of one month.
3. The consumer may conclude the agreements referred to in the previous paragraphs:
• cancel at any time and are not limited to cancellation at a specific time or period;
• at least cancel in the same way as they entered into by him;
• always cancel with the same notice period as the entrepreneur has stipulated for himself.
Extension
4. An agreement that has been entered into for a definite period of time and which extends to the
regular delivery of products (including electricity) or services may not be tacitly extended or
renewed for a definite period.
House 5
Drapenierstraat 9 rd
2011WZ Haarlem
e-mail: hello@house5.eu
_________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________
Chamber of Commerce registration number 72715383
General Terms & Conditions, version August 2021
4. Notwithstanding the previous paragraph, an agreement that has been entered into for a definite
period and which extends to the regular delivery of daily news and weekly newspapers and
magazines may be tacitly extended for a fixed term of a maximum of three months, if the consumer
has extended this can terminate the agreement towards the end of the extension with a notice
period of at most one month.
5. An agreement that has been entered into for a definite period and which extends to the regular
delivery of products or services may only be tacitly extended for an indefinite period if the consumer
may cancel at any time with a notice period of no more than one month and a notice period of a
maximum of three months if the agreement extends to the regular, but less than once a month,
delivery of daily, news and weekly newspapers and magazines.
6. An agreement with a limited duration for the regular delivery of daily, news and weekly
newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends
automatically after the trial or introductory period.
Expensive
7. 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 cancellation before the end of the agreed duration. to
postpone.
Article 13 – Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days
after the start of the reflection period as referred to in Article 6 paragraph 1. In the event of an
agreement to provide a service, this term after the consumer has received confirmation of the
agreement.
2. The consumer has the obligation to immediately report inaccuracies in the payment details
provided or stated to the entrepreneur.
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal
restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 – Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in
accordance with this complaints procedure.
2. Complaints about the implementation 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 foreseeable longer processing time, the entrepreneur will
answer within the period of 14 days with a notification of receipt and an indication when the
consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to
the dispute settlement procedure.
5. In the event of complaints, a consumer must first turn to the entrepreneur. It is also possible to
register complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates
otherwise in writing.
7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its
discretion, replace or repair the delivered products free of charge.
Article 15 – Disputes
1. Agreements between the entrepreneur and the consumer to which these general terms and
conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad.
House 5
Drapenierstraat 9 rd
2011WZ Haarlem
e-mail: hello@house5.eu
_________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________
Chamber of Commerce registration number 72715383
General Terms & Conditions, version August 2021
2. The Vienna Sales Convention does not apply.
Article 16 – Additional or different provisions
Additional provisions or provisions that deviate 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 they can be
stored by the consumer in an accessible manner on a durable data carrier.
House 5
Drapenierstraat 9 rd
2011WZ Haarlem
e-mail: hello@house5.eu
_________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________
Chamber of Commerce registration number 72715383
General Terms & Conditions, version August 2021
Withdrawal Form
To
House 5
Drapenierstraat 9 rd
2011 WZ Haarlem
hello@house5.eu
+31 6 11 11 91 43