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Terms and Conditions

Article 1: Definitions
In these terms and conditions, the following definitions apply:

1.1

Supplementary agreement: an agreement under which the consumer acquires products, digital content and/or services in connection with a distance agreement, and these goods, digital content and/or services are supplied by the trader or by a third party under an agreement between that third party and the trader;

1.2

Cooling-off period: the period during which the consumer may exercise their right of withdrawal;

1.3

Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession;

1.4

Day: calendar day;

1.5

Digital content: data produced and supplied in digital form;

1.6

Continuous contract: a contract that provides for the regular supply of goods, services and/or digital content over a specified period;

1.7

Durable medium: any device — including email — that enables the consumer or trader to store information addressed personally to them 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 stored information to be reproduced unchanged;

1.8

Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;

1.9

Trader: the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content and/or services to consumers at a distance;

1.10

Distance contract: an agreement concluded between the trader and the consumer under an organised system for the distance sale 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 means of distance communication;

1.11

Model withdrawal form: the European model withdrawal form included in Appendix I to these terms and conditions; Appendix I does not need to be made available if the consumer has no right of withdrawal in respect of their order;

1.12

Distance communication technology: a means that can be used to conclude an agreement without the consumer and the entrepreneur having to be in the same place at the same time.

Article 2: Identity of the entrepreneur
DATAL B.V., trading under the name www.speedcube.nl.
Registered address: Nobelstraat 1A, 1704 RM Heerhugowaard, Netherlands.
Available Monday to Friday from 09:00 to 17:00.
Telephone number: +31 (0)85 040 76 92.
Email address: [email protected]
Chamber of Commerce number: 85518336, VAT number: NL863650648B01

Article 3: Applicability

3.1

These terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

3.2

Before the distance contract is concluded, the text of these terms and conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur shall, before the distance contract is concluded, indicate how the 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.

3.3

If the distance agreement is concluded electronically, by way of derogation from 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 store it on a durable data medium. If this is not reasonably possible, the consumer will be informed before the distance agreement is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge, at the consumer’s request, electronically or by other means.

3.4

If, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting terms and conditions, the consumer may always invoke the applicable provision that is most favourable to them.

Article 4: The offer

4.1

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.

4.2

The The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these must be a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

4.3

Each offer contains information that makes clear to the consumer what rights and obligations are connected with accepting the offer.

Article 5: The Purchase Agreement

5.1

Subject to the provisions of paragraph 4, the agreement is concluded when the consumer accepts the offer and fulfils the conditions set out therein.

5.2

If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance electronically. As long as the trader has not confirmed receipt of this acceptance, the consumer may terminate the agreement.

5.3

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

5.4

Within the limits of the law, the entrepreneur may satisfy itself that the consumer can meet their payment obligations, as well as ascertain all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the contract, it is entitled to refuse an order or application, giving reasons, or to attach special conditions to its performance.

5.5

No later than upon delivery of the product, service or digital content to the consumer, the entrepreneur will provide the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

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 that the right of withdrawal is excluded;

information about warranties and existing after-sales service;

the price of the product, service or digital content, including all taxes; the delivery costs, where applicable; and the method of payment, delivery or performance of the distance contract;

the requirements for terminating the contract if the contract is for more than one year or is for an indefinite period;

if the consumer has a right of withdrawal, the model withdrawal form.

5.6

In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6: Right of withdrawal
For products:

6.1

The consumer may terminate an agreement concerning the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer to state the reason for withdrawal, but may not require them to do so.

6.2

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 the consumer, received the last product. The trader may refuse an order for several products with different delivery times, provided that the trader clearly informed the consumer of this before the ordering process.

if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by the consumer, received the final shipment or the final part;

in contracts for the regular delivery of products over a specified period: the day on which the consumer, or a third party designated by the consumer, received the first product.

For services and digital content not supplied on a tangible medium:

6.3

The consumer may terminate an agreement for services and an agreement for the supply of digital content that is not delivered on a tangible medium within a minimum of 14 days without stating any reasons. The trader may ask the consumer to state the reason for withdrawal, but may not require them to do so.

6.4

The cooling-off period referred to in paragraph 3 begins on the day after the agreement is concluded.

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:

6.5

If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the cooling-off period originally established.

6.6

If the trader provides the consumer with the information referred to in the previous paragraph within twelve months of the start 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: Consumer’s obligations during the cooling-off period

7.1

During the cooling-off period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to establish its nature, characteristics and functioning. The guiding principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a shop.

7.2

The consumer is only liable for any reduction in the product’s value resulting from handling the product in a way that goes beyond what is permitted under paragraph 1.

7.3

The consumer is not liable for any reduction in the product’s value if the trader did not provide them with all legally required information about the right of withdrawal before or when the agreement was concluded.

Article 8: Exercise of the consumer’s right of withdrawal and the costs thereof

8.1

If the consumer exercises their right of withdrawal, they shall notify the trader within the cooling-off period using the model withdrawal form or by other unequivocal means.

8.2

As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorised representative of) the trader. This is not required if the trader has offered to collect the product. In any event, the consumer has met the return deadline if they return the product before the withdrawal period has expired.

8.3

The consumer shall return 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 entrepreneur.

8.4

The consumer bears the risk and burden of proof for exercising the right of withdrawal correctly and on time.

8.5

The consumer shall bear the direct costs of returning the product. If the trader has not stated that the consumer must bear these costs, or if the trader states that it will bear them itself, the consumer does not have to pay the return costs.

8.6

If the consumer withdraws after having expressly requested that the performance of the service or the supply of gas, water or electricity that is not made ready for sale in a limited volume or a specific quantity begin during the cooling-off period, the consumer shall owe the entrepreneur an amount proportional to the part of the obligation fulfilled by the entrepreneur at the time of withdrawal, compared with full performance of the obligation.

8.7

If the consumer exercises the right of withdrawal, all supplementary agreements are dissolved by operation of law.

Article 9: Trader’s obligations in the event of withdrawal

9.1

If the trader makes it possible for the consumer to give notice of withdrawal electronically, the trader shall send an acknowledgement of receipt without delay after receiving that notification.

9.2

The trader shall refund all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay and within 14 days of the day on which the consumer notifies the trader of the withdrawal. Unless the trader offers to collect the product, the trader may wait to make the refund until they have received the product or until the consumer provides proof that they have returned it, whichever occurs first.

9.3

The trader shall use the same payment method for the refund as the consumer used, unless the consumer agrees to a different method. The refund is free of charge to the consumer.

9.4

If the consumer chose a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not required to refund the additional costs of the more expensive method.

Article 10: Exclusion of the right of withdrawal
The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, or at least in good time before the contract is concluded:

Products made to your specifications, which are not prefabricated and are manufactured based on your individual choice or decision, or which are clearly intended for a specific person.

Brain teasers with a value higher than € 50,- per product.

Products whose price is subject to fluctuations in the financial market over which we have no influence and which may occur within the withdrawal period;

Products that spoil quickly or have a limited shelf life;

Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;

Products that, by their nature, are irreversibly mixed with other products after delivery;

Alcoholic beverages whose price was agreed upon when the Purchase Agreement was concluded, but which can only be delivered after 30 days, and whose actual value depends on market fluctuations over which we have no influence;

Sealed audio or video recordings and computer software, the seal of which has been broken after delivery;

Newspapers, periodicals or magazines.

Article 11: Price

11.1

During the validity period 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.

11.2

By way of exception to the previous paragraph, the trader may offer products or services at variable prices if their prices are subject to fluctuations on the financial market over which the trader has no influence. This exposure to fluctuations and the fact that any prices quoted are indicative prices will be stated in the offer.

11.3

Price increases within 3 months of the conclusion of the agreement are permitted only if they result from statutory regulations or provisions.

11.4

Price increases from 3 months after the conclusion of the agreement are permitted only if the entrepreneur has stipulated this and:

they result from statutory regulations or provisions; or

the consumer is entitled to terminate the agreement with effect from the day on which the price increase takes effect.

11.5

The prices stated in the offer for products or services include VAT.

Article 12: Performance of the Purchase Agreement and Additional Warranty

12.1

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.

12.2

An additional guarantee provided by the entrepreneur, their supplier, manufacturer or importer shall never limit the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfil their part of the agreement.

12.3

An additional guarantee means any undertaking by the trader, its supplier, importer or producer under which the consumer is granted certain rights or claims that go beyond what they are legally required to provide if they fail to fulfil their part of the agreement.

Article 13: Delivery and Performance

13.1

The entrepreneur will exercise the utmost care when receiving and processing orders for products and when assessing applications for the provision of services.

13.2

The address provided by the consumer to the trader shall be considered the place of delivery.

13.3

Subject to the provisions of Article 4 of these general terms and conditions, the entrepreneur will fulfil accepted orders as quickly as possible and no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be fulfilled in part, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer is entitled to terminate the agreement free of charge and to any compensation for damages.

13.4

Following termination in accordance with the previous paragraph, the trader shall promptly refund the amount paid by the consumer.

13.5

The risk of damage to and/or loss of products remains with the trader until they are delivered to the consumer or to a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

13.6

The risk of damage to and/or loss of products remains with us until they are delivered to you or to a representative designated by you in advance and made known to us, unless otherwise agreed.

Article 14: Continuous transactions: duration, termination and renewal

14.1

The consumer may terminate a contract concluded for an indefinite period and providing 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.

14.2

The consumer may terminate an agreement entered into for a fixed term and providing for the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

14.3

The consumer may terminate the agreements referred to in the previous paragraphs:

terminate at any time and not be restricted to termination at a specific time or during a specific period;

give notice in the same way as they entered into the agreement;

always terminate with the same notice period as the entrepreneur has stipulated for themselves.

14.4

An agreement entered into for a definite period and covering the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.

14.5

By way of derogation from the previous paragraph, an agreement entered into for a definite period and covering the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of up to three months, provided that the consumer can terminate the extended agreement at the end of the extension period with a notice period of no more than one month.

14.6

An agreement entered into for a fixed term and providing for the regular delivery of products or services may only be tacitly extended for an indefinite term if the consumer is entitled to terminate it at any time with a notice period of no more than one month. The notice period may be no more than three months if the agreement provides for the regular delivery, but less than once a month, of daily, news and weekly newspapers and magazines.

14.7

An agreement for a limited period to regularly deliver newspapers, news publications and weekly magazines and periodicals for familiarisation (a trial or introductory subscription) will not be tacitly renewed and will automatically end when the trial or introductory period expires.

14.8

If a contract has a term of more than one year, the consumer may terminate the contract 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 15: Payment

15.1

Unless otherwise provided in the agreement or additional terms and conditions, amounts payable by the consumer must be paid within 14 days after the withdrawal period begins or, if there is no withdrawal period, within 14 days after the agreement is concluded. In the case of an agreement for the provision of a service, this period begins on the day after the consumer receives confirmation of the agreement.

15.2

When selling products to consumers, the consumer may never be required under the general terms and conditions to pay more than 50% in advance. If advance payment has been stipulated, the consumer cannot assert any rights concerning the performance of the relevant order or service(s) before the stipulated advance payment has been made.

15.3

The consumer is obliged to report any inaccuracies in the payment details provided or stated to the trader without delay.

15.4

If the consumer fails to meet their payment obligation(s) on time, then, after being notified by the entrepreneur of the late payment and being given a period of 14 days to meet their payment obligations, if payment is still not made within this 14-day period, the consumer shall owe statutory interest on the outstanding amount, and the entrepreneur shall be entitled to charge the extrajudicial collection costs incurred. These collection costs shall be no more than: 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 entrepreneur may deviate from the amounts and percentages stated above in the consumer’s favour.

Article 16: Complaints procedure

16.1

The trader has a complaints procedure that has been adequately publicised and handles complaints in accordance with that procedure.

16.2

Complaints about the performance of the agreement must be submitted to the trader within a reasonable time after the consumer has discovered the defects, and must be described fully and clearly.

16.3

Complaints submitted to the entrepreneur will be answered within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

16.4

A complaint about a product, service or the entrepreneur’s customer service may also be submitted using a complaints form on the consumer page of the Thuiswinkel.org website, www.thuiswinkel.org. The complaint will then be sent to both the relevant entrepreneur and Thuiswinkel.org.

16.5

The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that may be referred to the dispute resolution procedure.

Article 17: Disputes

17.1

Agreements between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. If the trader directs its activities to the country in which the consumer resides, the consumer may also always invoke the mandatory consumer protection laws of their country.

17.2

Disputes between the consumer and the entrepreneur concerning the formation or performance of agreements relating to products and services to be supplied or supplied by this entrepreneur may, subject to the provisions set out below, be submitted by either the consumer or the entrepreneur to the Thuiswinkel Disputes Committee, Postbus 90600, 2509 LP The Hague (www.sgc.nl).

17.3

The Disputes Committee will only consider a dispute if the consumer has first submitted their complaint to the trader within a reasonable time.

17.4

If the complaint does not lead to a resolution, the dispute must be submitted to the Disputes Committee in writing or in another form determined by the Committee no later than 12 months after the date on which the consumer submitted the complaint to the trader.

17.5

If the consumer wishes to submit a dispute to the Disputes Committee, the trader is bound by this choice. The consumer is encouraged to notify the trader first.

17.6

If the entrepreneur wishes to submit a dispute to the Disputes Committee, the consumer must state in writing, within five weeks of receiving a written request to that effect from the entrepreneur, whether they also wish to do so or would prefer to have the dispute heard by the competent court. If the entrepreneur does not receive the consumer’s choice within five weeks, the entrepreneur is entitled to submit the dispute to the competent court.

17.7

The Disputes Committee shall issue a decision in accordance with the conditions set out in the Disputes Committee's rules of procedure (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the Disputes Committee are issued as binding advice.

17.8

The Disputes Committee will not consider a dispute or will discontinue its consideration if the entrepreneur has been granted a suspension of payments, has been declared bankrupt or has effectively ceased its business activities before the dispute has been heard by the committee at a hearing and a final decision has been issued.

17.9

If, in addition to the Thuiswinkel Disputes Committee, another recognized disputes committee or a disputes committee affiliated with the Foundation for Consumer Disputes Committees (SGC) or the Financial Services Complaints Institute (Kifid) has jurisdiction, the Thuiswinkel Disputes Committee has preferred jurisdiction for disputes relating primarily to the method of sale or the provision of services at a distance. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid has jurisdiction.

Article 18: Industry Guarantee

18.1

Thuiswinkel.org guarantees that its members will comply with the binding decisions of the Thuiswinkel Disputes Committee, unless a member decides to submit the binding decision to a court for review within two months of its being sent. This guarantee is reinstated if the binding decision is upheld following review by the court and the judgment confirming this has become final and binding. Thuiswinkel.org will pay the consumer up to a maximum of €10.000,- per binding decision. For amounts exceeding €10.000,- per binding decision, €10.000,- will be paid. For any excess amount, Thuiswinkel.org is obliged to make every effort to ensure that the member complies with the binding decision.

18.2

To qualify for this guarantee, the consumer must submit a written claim to Thuiswinkel.org and transfer their claim against the trader to Thuiswinkel.org. If the claim against the trader exceeds €10.000,-, the consumer will be offered the option of transferring to Thuiswinkel.org the part of their claim that exceeds €10.000,-. Thuiswinkel.org will then seek payment of that amount in court in its own name and at its own expense, for the benefit of the consumer.

Article 19: Additional or derogating provisions

Supplementary provisions or provisions that deviate from these general terms and conditions may not be to the consumer’s detriment and must be recorded in writing or in such a way that the consumer can store them accessibly on a durable

Article 20: Amendments to the Thuiswinkel General Terms and Conditions

20.1

Amendments to these terms and conditions shall take effect only after they have been published in an appropriate manner, provided that, in the event of applicable amendments during the term of an offer, the provision most favourable to the consumer shall prevail

Just for you

Personal contact
with our customer service

Lightning FAST! order before 23:30
and get it tomorrow

97% recommend us
according to customers on Kiyoh

Shop safely on a
trusted website