Terms and Conditions
Article 1 – Definitions
The following definitions apply in these terms and conditions:
- Cooling-off period: the period in which the consumer can make use of his right of withdrawal;
- Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;
- Day: calendar day;
- Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the cooling-off period;
- Entrepreneur: the natural or legal person who offers products, (access to) digital content and / or services to consumers remotely;
Article 2 – Identity of the entrepreneur
If you want to return a product, you can look at https://www.hetbalkonbankje.nl/retourneren/ for the return instructions. Never return the product unannounced. Always contact us first by sending an email to firstname.lastname@example.org.
Main address: (This is not a visiting address)
* Return address:
Same as above
NOTE. See Article 7. There is no right of withdrawal for custom furniture.
(* Never just send it. Always contact Het Balkonbankje first. Often a pick-up appointment is made to preserve the condition of the balcony bench in the best possible way).
t.a.v. Het Balkonbankje
Email address: email@example.com
Chamber of Commerce number: 74784048
Tax ID: NL001467627B17
Article 3 – Applicability
- These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer.
- 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, the entrepreneur will indicate before the distance agreement is concluded, how the general terms and conditions can be delivered to the consumer free of charge.
- If the distance contract is concluded electronically, contrary to 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 this can easily be stored on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be read electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting terms and conditions the consumer can always invoke the applicable provision that for him is most beneficial.
Article 4 – The offer
- If an offer has a limited duration or is subject to conditions, this will be explicitly 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 enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and / or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- 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
- The agreement is concluded, subject to the provisions of paragraph 4, at the time the consumer accepts the offer and meets the corresponding conditions.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
- The entrepreneur can – within the law – inform himself if 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 agreement. 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 or to attach special conditions to the implementation.
Article 6 – Right of withdrawal
- The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to state his reason.
- The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
- If the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided that he has clearly informed the consumer prior to the ordering process, refuse an order for 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 him, has received the last shipment or part.
Article 7 – Custom furniture
With custom furniture orders a consumer cannot claim the right of withdrawal. Normally a consumer has the right according to the law to return a product within 14 days. However, if it concerns custom-made furniture, we have taken the option to exclude customization from the right of withdrawal
We do this because customized products cannot be resold.
We will, of course, do everything in our power to deliver your customized wish as agreed. Agreement will therefore only be made after your signature. If your customized assignment has not been delivered as agreed, and the fault is demonstrably with Het Balkonbankje, then we will do everything we can to deliver your customized product as desired. Because service is highly valued at Het Balkonbankje, we will always look for a solution through no fault of our own.
If there are costs for obstacles in delivery – think of unloading through the window or hiring a crane – then these costs are for your own account.
Article 8 – Obligations of the consumer during the cooling-off period
- During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a physical store.
- The consumer is only liable for value reduction of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
Article 9 – Exercise of the right of withdrawal by the consumer and costs thereof
- If the consumer makes use of his right of withdrawal, he must report this to the entrepreneur within the cooling-off period.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
- The consumer returns the product with all accessories supplied, in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs for return.
- If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 10 – Obligations of the entrepreneur in case of withdrawal
- If the entrepreneur makes it possible for the consumer to withdraw electronically, he will immediately send a confirmation of receipt after receiving this notification.
- The entrepreneur reimburses all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the cancellation. Unless the entrepreneur offers to collect the product himself, he may wait to pay back until he has received the product or until the consumer demonstrates that he has sent back the product, whichever is the earlier.
- The entrepreneur uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to pay back the additional costs for the more expensive method.
Article 11 – Compliance agreement, warranty and repair
A word in advance regarding the handling of the product.
- Never tighten the Allen screws with an electronic power tool (for example with a screw / cordless drill). The force that is released can cause the threaded bushes to come loose and the balcony bench to break.
- If certain balcony sofa parts do not seem to fit well together. Do not use force to assemble the parts by striking it with an object or using your body, or any extra weight.
1. Are you sure the parts belong together? You may need another part at this location.
2. Assess the situation in a logical manner. Are you sure that these parts belong together? first contact the Balcony Bench. Don’t try anything yourself until there has been contact
- If you want to treat the balcony bench with a covering or transparent maintenance product; always lubricate it on the bottom or inside to assess it after the recommended drying time.
- It is possible that a standard supplied Allen screw (size: m6x6) does not fit well in a certain balcony section. This is very rare but can occur because the wood has expanded so that the socket screw cannot reach the threaded bush. This can deviate a few millimeters. In this case it can be solved by using a longer Allen screw (size m6x7). If not already delivered standard you can request one or more free m6x7 socket screws from us. We will send them for free of charge. If it is still not possible with these Allen screws; please contact us again for a further solution.
- 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. The products supplied contain wooden parts. Wood is a natural product and there are always deviations in it and cracks and minimal effect can occur.
- An extra guarantee provided by the trader, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the trader on the basis of the agreement if the trader has failed to fulfill his part of the agreement.
At Het Balkonbankje you are entitled to the legal guarantee. In the Netherlands we do not speak of ‘legal guarantee’. Instead, the law states that a product must offer what you can expect from it. You can expect that many products will last longer than 2 years, including the balcony bench. This guarantee you get on your balcony bench is therefore two years. Often this is in the form of repair, but where necessary in the form of exchange or replacement. This period applies without prejudice to the legal rights regarding guarantee and conformity. To prevent problems that are not covered by the warranty, we advise you to read our maintenance advice carefully. Contact us if you want to make a claim on your warranty or want maintenance advice.
- A 24-month warranty is provided on delivered goods with regard to manufacturing defects, all this at the discretion of the manufacturer.
- The warranty with regard to products only applies to defects caused by inadequate manufacture, construction, storage, transport or material.
- The guarantee does not apply in the case of normal wear and damage caused by accidents, changes made to the product, negligence or improper use by the customer, and when the cause of the defect cannot be clearly established.
- Deviations in color, weight and size of less than 10%, natural colors, lines, bumps, small dents and small cracks in the wood, etc., can never give rise to warranty claims.
- Warranty is only granted on deliveries to Buyers within the EU. The warranty is voided in the event of operations, changes, assembly changes or repairs by a third party to / or of the delivered goods, when used for a purpose other than that stated in the instructions for use, if the instructions are not observed and if maintenance is poor.
- The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, transfers to the customer at the moment that they are legally and / or actually delivered, at least come into the power of the customer or by a third party who receives the product on behalf of the customer.
- For manufacturing defects, the manufacturer will assess a warranty claim. If the manufacturer rejects a warranty claim,
- Het Balkonbankje is obliged to do so and Het Balkonbankje owes nothing to the Buyer.
- If the Buyer has not (fully) complied with its obligations under the agreement, an appeal to the guarantee scheme is excluded.
- We are also happy to assist you outside the warranty period. Contact us to discuss the possibilities. You must then show your proof of purchase, invoice or proof of payment for warranty. Save your invoice well, it also serves as proof of purchase.
- Is the repair of your product within the warranty period? Then the repair is free of charge in most cases. Has the damage to your product been caused by your own fault? Then repair costs will be charged. These costs will be communicated to you in advance.
- Is the repair of your product outside the warranty period? Even outside this period, we can in many cases mean something to you. Please contact us for this. We will then contact you again to discuss the options.
- After we have received your repair request clearly described and preferably enriched with photos / videos, we will contact you to discuss the repair process. In most cases the product to be repaired is taken back or brought to our storage. In some cases it is possible that the repair will be carried out at your location. You will be contacted again after repairs. The repaired product can be picked up or delivered.
Any repair costs will be communicated with you in advance.
Article 12 – Delivery and execution
- The entrepreneur will take the greatest possible care when receiving and when executing product orders.
- The place of delivery is the address that the consumer has made known to the entrepreneur.
- Taking into account what is stated about this in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed, though at the latest within 30 days, unless a different delivery period has been agreed. 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 terminate the contract without costs and is entitled to any compensation.
- After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
- 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 explicitly agreed otherwise.
Article 13 – Complaints procedure
- The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
- Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
- 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 respond within a period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved in mutual consultation within a reasonable period or within 3 months after the complaint has been submitted, a dispute will arise that is subject to the dispute settlement procedure.
Article 14 – Disputes
- Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
Article 15 – Additional or different 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 they can be stored in an accessible manner on a durable medium by the consumer.