General terms and conditions

General terms and conditionsTable 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 of the right of withdrawal Article 9 - The price Article 10 - Conformity and warranty Article 11 - Delivery and execution Article 12 - Duration transactions: duration, termination and renewal 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 shall apply:

Reflection period: the period within which the consumer and entrepreneur can exercise their right of withdrawal;
Consumer and entrepreneur: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;
Business: the natural person acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;
Bye: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data medium: any means that enables the consumer and entrepreneur or business owner to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer and entrepreneur to renounce the distance contract within the cooling-off period;
Model form: the model withdrawal form made available by the trader that a consumer and trader can fill in when they wish to exercise their right of withdrawal.
Entrepreneur: the natural or legal person offering products and/or services at a distance to consumer and entrepreneur;
Remote agreement: an agreement under which, within the framework of a system organised by the entrepreneur for 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 distance communication;
Remote communication technology: means that can be used for concluding an agreement, without the consumer and trader and entrepreneur being together in the same room at the same time.
General terms and conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Jan Hellings;

Correspondence address
Klimopstraat 20
5682 CJ Best

Business address
St. Oedenrodeseweg 53
5681 PJ Best

Phone number: 06 23074374

E-mail address: info@helza-hobbyzaden.nl and info@hellings-zadenhandel.nl

Chamber of Commerce number: 17180096

Btw-identificatienummer: NL0665.49.103.B01

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer and entrepreneur.
Before the remote agreement is concluded, the text of these general terms and conditions will be made available to the consumer and the entrepreneur. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and they will be sent free of charge to the consumer and the entrepreneur as soon as possible upon request.
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 may be made available to the consumer and the entrepreneur electronically in such a way that it can be easily stored by the consumer and the entrepreneur 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 inspected electronically and that they will be sent electronically or otherwise free of charge at the request of the consumer and entrepreneur.
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 general terms and conditions, the consumer and entrepreneur can always invoke the applicable provision that is most favourable to him.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force and the provision in question shall be replaced without delay by mutual agreement with a provision that approximates the purport of the original as much as possible.
Situations not covered by these general terms and conditions are to be assessed 'in the spirit' of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions are to be interpreted 'in the spirit' of these general terms and conditions.

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 is non-binding. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services on offer. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer and the entrepreneur. If the entrepreneur uses images, these are a truthful representation of the products and/or services on offer. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
Images accompanying products are a true representation of the products on offer. Operator cannot guarantee that the colours displayed correspond exactly to the real colours of the products.
Each offer contains such information that it is clear to the consumer and the entrepreneur what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:

price including taxes;
any shipping costs;
the manner in which the agreement will be concluded and what actions are necessary to do so;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the agreement;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the amount of the rate of distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement is archived after conclusion and, if so, in what way it can be consulted by the consumer and the entrepreneur;
the way in which the consumer and entrepreneur, before concluding the agreement, can check and, if desired, rectify the data provided by him in the context of the agreement;
any other languages in which, in addition to Dutch, the agreement may be concluded;
the codes of conduct to which the trader has submitted and the way in which the consumer and trader can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a duration transaction.

Optional: available sizes, colours, type of materials.

Article 5 - The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer and entrepreneur of the offer and the fulfilment of the conditions thereby stipulated.
If the consumer and entrepreneur have accepted the offer electronically, the entrepreneur shall 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 and entrepreneur can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer and entrepreneur can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may - within legal frameworks - inform himself whether the consumer and entrepreneur can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the remote agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
With the product or service, the entrepreneur will send the consumer and entrepreneur the following information, in writing or in such a way that it can be stored in an accessible way on a durable data carrier:
the visiting address of the trader's establishment to which the consumer and trader can address complaints;
the conditions under which and the way in which the consumer and entrepreneur can make use of the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
the information on guarantees and existing after-sales service;
the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer and entrepreneur before the execution of the agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.
Each agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 - Right of withdrawal

On delivery of products:

When purchasing products, the consumer and entrepreneur has the possibility of dissolving the agreement without giving reasons for 14 days. This cooling-off period starts on the day after receipt of the product by the consumer and entrepreneur or a representative previously designated by the consumer and entrepreneur and made known to the entrepreneur.
During the reflection period, the consumer and entrepreneur will handle the product and its 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 exercises his right of withdrawal, he will return the product to the entrepreneur with all delivered accessories and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When the consumer and entrepreneur wishes to use his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer and entrepreneur should make this known by means of the model form. After the consumer and entrepreneur has made it known that he wants to use his right of withdrawal, the customer must return the product within 14 days. The consumer and entrepreneur must prove that the delivered items were returned in time, for example by means of proof of dispatch.
If the customer has not expressed his wish to use his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

On provision of services:

When services are delivered, the consumer and entrepreneur have the possibility to dissolve the agreement without giving reasons for at least 14 days, starting from the day of entering into the agreement.
To make use of his right of withdrawal, the consumer and entrepreneur will comply with the reasonable and clear instructions provided by the entrepreneur on the offer and/or at the latest on delivery.

Article 7 - Costs in case of withdrawal

If the consumer and entrepreneur make use of their right of withdrawal, at most the costs of return shipment will be at their expense.
If the consumer and entrepreneur have paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after revocation. This is subject to the condition that the product has already been received back by the entrepreneur or conclusive evidence of complete return can be presented. Refunds will be made via the same payment method used by the consumer and trader unless the consumer and trader expressly authorise a different payment method.
If the product is damaged due to careless handling by the consumer and entrepreneur himself, the consumer and entrepreneur is liable for any decrease in value of the product.
The consumer and entrepreneur cannot be held liable for depreciation of the product if not all legally required information on the right of withdrawal has been provided by the entrepreneur, this should be done before concluding the purchase agreement.

Article 8 - Exclusion of the right of withdrawal

The entrepreneur can exclude the consumer's and entrepreneur'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 clearly stated this in the offer, at least in good time before concluding the contract.
Exclusion of the right of withdrawal is only possible for products:
brought about by the entrepreneur according to specifications of the consumer and entrepreneur;
which are clearly personal in nature;
which cannot be returned due to their nature;
which can spoil or age quickly;
the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for single newspapers and magazines;
for audio and video recordings and computer software of which the consumer and entrepreneur have broken the seal.
for hygienic products of which the consumer and entrepreneur have broken the seal.
Exclusion of the right of withdrawal is only possible for services:
concerning accommodation, transport, restaurant business or leisure activities to be carried out on a certain date or during a certain period;
whose delivery has started with the express agreement of the consumer and entrepreneur before the cooling-off period has expired;
On betting and lotteries.

Article 9 - The price

During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, with variable prices. This link to fluctuations and the fact that any stated prices are target prices shall be stated with the offer.
Price increases within 3 months of the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
they result from statutory regulations or provisions; or
the consumer and entrepreneur has the power to terminate the agreement from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of misprints and typesetting errors. In the event of misprints and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer and entrepreneur can assert against the entrepreneur on the basis of the agreement.
Any defective or wrongly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.
The entrepreneur's guarantee period corresponds to the manufacturer's guarantee period. However, the entrepreneur is never responsible for the final suitability of the products for each individual application by the consumer and entrepreneur, nor for any advice regarding the use or application of the products.
The guarantee does not apply if:

The consumer and entrepreneur has processed the delivered products themselves or had them processed by third parties;
The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or treated on the packaging;
The defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government on the nature or quality of the materials used.

Article 11 - Delivery and execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address made known to the company by the consumer and entrepreneur.
With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders with convenient speed but at the latest within 30 days, unless the consumer and entrepreneur agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer and entrepreneur will be informed about this within 30 days after the order was placed. The consumer and entrepreneur in that case has the right to dissolve the agreement without costs. The consumer and entrepreneur is not entitled to damages.
All delivery periods are indicative. The consumer and entrepreneur cannot derive any rights from any terms mentioned. Exceeding a deadline does not entitle the consumer and entrepreneur to damages.
In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer and entrepreneur as soon as possible, but at the latest within 14 days after dissolution.
If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer and entrepreneur or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.

Article 12 - Duration transactions: duration, termination and renewal

Termination

The consumer and trader may terminate an open-ended contract that was concluded for the regular supply of products (including electricity) or services at any time, subject to agreed termination rules and a notice period not exceeding one month.
The consumer and trader may terminate a fixed-term contract that has been concluded for the regular supply of products (including electricity) or services at any time towards the end of the fixed term, subject to agreed termination rules and a notice period not exceeding one month.
The consumer and entrepreneur may conclude the agreements mentioned in the previous paragraphs:

terminate at any time and not be limited to termination at a particular time or period;
at least terminate them in the same manner as they were entered into by him;
always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension

An agreement entered into for a definite period of time and which extends to the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a definite period of time.
Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer and entrepreneur can terminate this renewed contract by the end of the extension with a notice period of not more than one month.
A fixed-term contract that has been concluded for the regular delivery of products or services may only be tacitly renewed for an indefinite period of time if the consumer and entrepreneur may terminate the contract at any time with a period of notice that does not exceed one month and a period of notice that does not exceed three months in case the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A fixed-term contract for the regular supply of daily or weekly newspapers and magazines by way of introduction (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

If a contract has a duration of more than one year, after one year the consumer and entrepreneur may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer and entrepreneur should be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer and entrepreneur have received the confirmation of the agreement.
The consumer and entrepreneur has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
In case of non-payment by the consumer and entrepreneur, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known in advance to the consumer and entrepreneur.

Article 14 - Complaints procedure

The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints on the execution of the agreement must be submitted to the entrepreneur within 7 days fully and clearly described, after the consumer and entrepreneur have identified 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 foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer and entrepreneur can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises which is susceptible to dispute resolution.
In case of complaints, a consumer and entrepreneur should first turn to the entrepreneur. If the webshop is affiliated with WebwinkelKeur and for complaints that cannot be solved in mutual consultation, the consumer and entrepreneur should turn to WebwinkelKeur (webshopkeur.nl), it will mediate for free. Check if this online shop has a current membership via https://www.webwinkelkeur.nl/leden/. Should there still be no solution, the consumer and entrepreneur have the option to have their complaint handled by the independent dispute committee appointed by WebwinkelKeur, the decision is binding and both entrepreneur and consumer and entrepreneur agree to this binding decision. There are costs associated with submitting a dispute to this dispute committee, which have to be paid by the consumer and entrepreneur to the committee concerned. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the operator's obligations unless the operator indicates otherwise in writing.
If a complaint is found valid by the operator, the operator will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

Contracts between the entrepreneur and the consumer and entrepreneur to which these general terms and conditions relate are exclusively governed by Dutch law. Also if the consumer and entrepreneur is resident abroad.
The Vienna Sales Convention does not apply.

Article 16 - Additional or different provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and entrepreneur and should be recorded in writing or in such a way that they can be stored in an accessible manner by the consumer and entrepreneur on a durable data carrier.

Best, 30-09-2024

Last updated: 15/10/2026