Terms and Conditions

These Terms and Conditions of Sale apply to sales to consumers by Student Companies participating in Studentenbedrijf. The Student Company fulfils the order; Stichting Studentenbedrijf is the legal seller.

Article 1 - Definitions

1. Foundation: Stichting Studentenbedrijf, established in Hoevelaken and registered with the Dutch Chamber of Commerce under number 91915775.
2. Student Company: the business activity carried out by one or more Student Entrepreneurs within the Studentenbedrijf educational concept. A Student Company is not an independent legal entity.
3. Student Entrepreneur: a student who is registered as a participant in a Student Company and is actively enrolled at the relevant Educational Institution.
4. Educational Institution: the school, university of applied sciences, university or other educational institution through which the Student Entrepreneur participates.
5. Customer: a natural person who is acting for purposes outside his or her trade, business, craft or profession.
6. Distance Contract: a contract concluded between the Customer and the Foundation via the internet, telephone or another means of distance communication.
7. Withdrawal Period: the statutory period within which the Customer may exercise the Right of Withdrawal.
8. Right of Withdrawal: the Customer’s right to withdraw from a Distance Contract within the Withdrawal Period without giving any reason.

Article 2 - Who is the seller and who fulfils the order?

1. The sales contract is concluded with Stichting Studentenbedrijf. The Student Company offers the products or services and, under the supervision of the Educational Institution, is responsible for customer communication, delivery, returns and complaint handling.
2. Student Entrepreneurs operate within the administrative and tax structure of the Foundation and, insofar as permitted, use the Chamber of Commerce registration number and VAT number of the Foundation. They are not independently authorised to incur obligations on behalf of the Foundation outside the applicable Programme Rules.

Article 3 - When these Terms and Conditions apply

1. These Terms and Conditions apply to every offer made by a Student Company to a Customer and to every Distance Contract resulting from such an offer.
2. Before the contract is concluded, the Customer is given the opportunity to read and save these Terms and Conditions. After placing the order, the Customer receives the Terms and Conditions or a link to a version that can be stored.
3. Any deviations are valid only if agreed in writing and insofar as they do not conflict with mandatory consumer law.

Article 4 - The offer

1. The offer clearly describes the product or service and states, in any event, the main characteristics, the total price including VAT, any delivery charges, the method of payment and delivery, the period for which the offer is valid and any restrictions.
2. Images represent the product as accurately as possible. Obvious mistakes or manifest errors in the offer are not binding on the Foundation.
3. If the Right of Withdrawal does not apply to a product or service, this is clearly stated before the order is placed.

Article 5 - Conclusion of the contract and payment

1. The contract is concluded once the Customer accepts the offer and satisfies the conditions stated therein. For an online order, it is made clear that placing the order entails an obligation to pay.
2. After an online order has been placed, the Customer receives electronic confirmation containing the key information about the contract.
3. Payment is made using a payment method offered in the webshop and approved by the Foundation. The Customer must not use payment details outside the payment environment provided, unless this has been agreed in writing in advance.

Article 6 - Price

1. All consumer prices include VAT. Any delivery, service or other additional charges are clearly stated before the order is placed.
2. The price will not be increased during the stated validity period of the offer, unless a price change results directly from a statutory provision or a change in a tax rate.

Article 7 - Delivery and performance

1. The Student Company handles the order with due care and delivers at the agreed place and within the agreed period. If no period has been agreed, delivery will take place no later than within 30 days.
2. If delivery cannot take place, or cannot take place on time, the Customer will be informed as soon as possible. Where required by law, the Customer will be given a reasonable additional period for delivery. If delivery still does not take place, the Customer may terminate the contract and any payment received will be refunded.
3. The risk of damage to or loss of the product remains with the Foundation until the Customer, or a third party designated by the Customer other than the carrier, has received the product.

Article 8 - Statutory conformity and warranty

1. The product supplied or service performed must comply with the contract and with statutory requirements. The Customer retains all statutory rights if a product or service does not conform.
2. Any commercial or additional warranty does not restrict the Customer’s statutory rights.

Article 9 - Withdrawal Period and Right of Withdrawal

1. As a general rule, the Customer may withdraw from a Distance Contract within 14 days without giving any reason. The Student Company may ask for the reason, but the Customer is not required to provide one.
2. For a product, the Withdrawal Period begins on the day after the Customer, or a third party designated by the Customer other than the carrier, has received the product. If several products from one order are delivered separately, the period begins after receipt of the final product or component.
3. For a service or digital content not supplied on a tangible medium, the Withdrawal Period begins on the day after the contract is concluded.
4. If the Customer has not been informed of the Right of Withdrawal in the manner prescribed by law, the Withdrawal Period may be extended in accordance with the law.

Article 10 - Use during the Withdrawal Period

1. The Customer must handle the product and its packaging with due care and may use the product only to the extent necessary to establish its nature, characteristics and functioning, as would also be possible in a physical shop.
2. If the value of the product has diminished as a result of use beyond what is necessary, the Customer may be liable for that diminished value, provided the Customer was correctly informed in advance of the Right of Withdrawal.

Article 11 - Exercising the Right of Withdrawal and returning products

1. Within the Withdrawal Period, the Customer must clearly and unequivocally inform the Student Company that he or she wishes to withdraw from the contract. This may be done via the online withdrawal function in the webshop, the model form at the end of this document, or another clear statement sent to the Student Company’s email address.
2. If the online withdrawal function is used, the Customer will immediately receive confirmation stating the date and time of the withdrawal.
3. The Customer must return the product as soon as possible and no later than 14 days after notifying the withdrawal, to the Dutch return address stated in Article 2, unless the Student Company offers to collect the product.
4. The product must, insofar as reasonably possible, be returned with all accessories supplied and in its original condition and packaging.
5. The direct costs and risk of the return shipment are borne by the Customer, unless expressly stated otherwise in advance. The expected return costs are stated before the order is placed if the product cannot normally be returned by post.

Article 12 - Refund following withdrawal

1. In the event of full withdrawal, the Foundation refunds all payments received from the Customer, including the cost of the least expensive standard delivery method offered. Additional costs for a more expensive delivery method will not be refunded. In the event of partial withdrawal, the original delivery costs do not have to be refunded.
2. The refund will be made as soon as possible and no later than 14 days after notification of the withdrawal, using the same means of payment as used by the Customer, unless the Customer agrees to another method that does not incur any costs.
3. The Foundation may withhold the refund until the product has been received or until the Customer demonstrates that the product has been returned, whichever occurs first.

Article 13 - Exceptions and special rules

1. The Right of Withdrawal does not apply where a statutory exception applies. This may include, among other things:

• products made to the Customer’s specifications that are not prefabricated, or that are clearly personalised;
• products that are liable to deteriorate or expire rapidly;
• sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
• products which, by their nature, become inseparably mixed with other items after delivery;
• sealed audio or video recordings or computer software whose seal has been broken;
• services relating to leisure activities that are to be performed on a specific date or during a specific period, where the statutory exception applies.

2. A service may commence during the Withdrawal Period only if the Customer expressly requests this. If the Customer subsequently withdraws, a proportionate amount may be payable for the part already performed, provided the Customer was correctly informed of this in advance.
3. The Right of Withdrawal for a fully performed service lapses only if performance began with the Customer’s prior express consent and the Customer acknowledged that the Right of Withdrawal would be lost once the service had been fully performed.
4. For digital content not supplied on a tangible medium, the Right of Withdrawal lapses after performance has begun only if all statutory requirements concerning prior consent, acknowledgement and confirmation have been met.

Article 14 - Complaints

1. A complaint must be reported to the Student Company fully and clearly, as soon as possible after it is discovered, using the email address stated in Article 2. This does not restrict any statutory complaint period or statutory right of the Customer.
2. The Student Company acknowledges receipt and seeks to resolve the complaint carefully under the supervision of the Educational Institution. If a complaint may result in damage, a claim or a legal dispute, it will be reported to the Foundation in accordance with the Programme Rules.
3. The Customer may exercise rights arising from the law directly against the Foundation.

Article 15 - Special status of the Student Company and personal data

1. The Customer purchases through an educational project. Student Entrepreneurs carry out the day-to-day activities under the guidance and supervision of a Supervising Lecturer. This does not restrict the Customer’s statutory consumer rights.
2. Student Companies may offer and sell only products and services permitted under the Programme Rules. The Foundation, the Educational Institution or the Student Company may refuse or cancel an order if fulfilment would conflict with the law, the Programme Rules, or safety or insurance conditions. Any payment received will then be refunded, unless there is a statutory basis for set-off.
3. A Student Company sells and delivers only within the Netherlands, Belgium, Luxembourg and Germany, unless the Foundation has given prior written permission for another sales territory.
4. Personal data are processed only insofar as necessary for, among other things, the order, payment, delivery, returns, customer service, educational supervision and statutory administration. Access is limited to persons and organisations that require the data for their role. Further information is available in the privacy statement at www.studentenbedrijf.nl

Article 16 - Governing law

1. These Terms and Conditions and the contract are governed by Dutch law. This choice of law does not deprive a Customer outside the Netherlands of any mandatory protection to which that Customer is entitled under the applicable consumer law.
2. Disputes will be submitted to the court having jurisdiction under the law. The parties will first attempt to resolve any dispute by mutual consultation.