General Terms & Conditions

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 – The price
Article 8 – Complaints procedure
Article 9 – Disputes
Article 10 – Liability
Article 11 – Customer portal
Article 12 – Validity

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Cooling-Off Period: the term within which the consumer can exercise his right of withdrawal;
2. Consumer: the natural person not acting in the course of a profession or business and who, through the intermediary services of ARX Groep Holding B.V., acting under the name of Arx Groep, enters into a distance contract with a Supplier/Service Provider of Utility Services;
3. Day: a calendar day;
4. Continuing Performance Contract: a distance contract with regard to a series of products and/or services for which the obligation to deliver and/or purchase is spread over time;
5. Permanent Data Carrier: any device that enables the consumer or entrepreneur to save information sent to him personally, in a way that makes future reference to and the unaltered reproduction of the stored information possible.
6. Right of Withdrawal: the option for the consumer to cancel the distance contract within the Cooling-Off Period;
7. Entrepreneur: the natural or legal person who acts as an intermediary in concluding agreements between Suppliers/Service Providers (whether or not mentioned on the Website) and visitors to the Website of the Entrepreneur;
8. Website: Arxgroep.nl;
9. Agreement: an agreement concluded between the Consumer and the Supplier/Service Provider with regard to the sale of products and/or services via the Website involving, within the framework of a system organised by the entrepreneur for the distance selling of products and/or services including the conclusion of the agreement, the use of one or more technologies for distance communication only;
10. Supplier/Service Provider: Supplier and/or Service Provider in the field of energy, Internet, water, (digital) TV, fixed telephony, mobile telephony and insurance (hereinafter referred to as “Utilities”) with whom the Consumer, following intermediation by the Entrepreneur, can enter into an agreement which is subject to the terms and conditions of the Supplier/Service Provider.

Article 2 – Identity of the entrepreneur

ARX Groep Holding B.V.
Joop Geesinkweg 851
1114AB Amsterdam-Duivendrecht
Trading under name of Arx Groep

Telephone number: (09:00 – 16:00) – +31 (0)85 04 77 924
E-mail address: info@arxgroep.nl

Chamber of Commerce number: 65441877

Article 3 – Applicability

1. These General Terms and Conditions apply to intermediary activities and offers of services from the Entrepreneur to the Consumer with regard to the conclusion of the Distance Contract between the Supplier/Service Provider and the Consumer.
2. An electronic copy of the wording of these General Terms and Conditions is made available to the Consumer before the Distance Contract is concluded. The general terms and conditions can be downloaded and printed by the Consumer as a PDF file and can be consulted via the Website.
3. The General Terms and Conditions may be fully or partially changed at any time. Consumers will be notified of any changes in a timely manner, in the form of an announcement by the Entrepreneur on his Website. If, within ten working days, the Consumer does not notify the Entrepreneur in writing that he does not agree to the changes on the grounds of reasonableness and fairness, the Consumer will be deemed to have accepted the changes.

Article 4 – The offer and services

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer. Quotations and/or offers expire when this period has lapsed. The Cooling-Off Period is also explicitly communicated with the Consumer.
2. The Entrepreneur is not obliged to abide by his quotations and/or offers if the Consumer, in accordance with the principles of reasonableness and fairness and generally accepted standards, should have understood that the quotation and/or offer or a part thereof contains an apparent error or mistake.
3. The proposal contains a description of the products and/or services on offer, which is as complete and accurate as possible. This description must be sufficiently detailed so as to enable the Consumer to make a fair assessment of the offer. If the Entrepreneur uses illustrations, they must be a true reflection of the products and/or services offered. Obvious oversights or obvious errors in the offer do not bind the business.
4. Every offer contains such information that clarifies to the Consumer what his rights and obligations are in connection with accepting the offer. This particularly applies to:- the prices, inclusive of taxes;
   – any delivery costs;
   – the manner in which the agreement will be concluded and what 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 accepting the offer and/or the term within which the entrepreneur guarantees the price;
   – the level of the rate for distance communication, if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
   – whether the agreement is archived afterwards and, if so, the manner in which it can be consulted by the Consumer;
   – the manner in which the Consumer can check the details provided by him within the framework of the agreement and, if so desired, can correct them, prior to entering into the agreement;
   – any other languages in which the agreement can be entered into, in addition to Dutch;
   – the code of conduct the Entrepreneur abides by and the manner in which the Consumer can consult this code of conduct by electronic means; and
   – the minimum term of the distance contract in the event of a continuing performance contract.
5. The Entrepreneur will notify the Consumer by telephone and/or digitally on the basis of the rates applicable at that time and make an offer from the Supplier/Service Provider that is most appropriate at that time and which best suits the Consumer’s needs.
6. The Entrepreneur has a facilitating role and is not a party to the Agreement that the Consumer and the Supplier/Service Provider enter into together. When entering into the Agreement between the Consumer and the Supplier/Service Provider, the General Terms and Conditions of the Supplier/Service Provider apply.
7. The Consumer agrees with the intermediation of the Entrepreneur and will never call the Entrepreneur to account in this respect, nor for any direct or indirect consequences thereof.
8. The Entrepreneur is never liable for any damage suffered by the Consumer or Supplier/Service Provider as a result of the agreement.
9. The Consumer and the relevant third party or Supplier/Service Provider are and remain personally responsible and liable for the preparation and for the content of the agreement and the general terms and conditions.
10. Upon agreement of the service and/or product offered, the Agreement will be recorded by telephone by means of a tape recording and/or the agreement will be sent digitally and the customer must agree to the Agreement digitally.

Article 5 – The agreement

1. The Consumer is deemed to have read, or at least be familiar with, the conditions applicable to the Agreement prior to the signing the Agreement.
2. The Entrepreneur offers the products and/or services of the Supplier/Service Provider on his Website with a summary of the main characteristics and/or conditions of the partners. However, no rights can be derived from the content of this website.
3. The rates and prices stated by the Entrepreneur are in euros.
4. The Entrepreneur confirms the telephone advice on products and/or services to the Consumer by e-mail. The Consumer subsequently sends his written consent to the Entrepreneur, also by e-mail. The Entrepreneur then e-mails the offer to the Consumer. The Consumer, after being given the opportunity to read the offer, can unambiguously accept the offer by e-mail. The Agreement is formed the moment the Consumer unambiguously accepts the offer.
5. The Agreement is sent digitally to the Consumer.
6. The Consumer bears full responsibility for providing the Entrepreneur with the correct information.
7. Cancelling the Agreement is at the expense and risk of the Consumer.
8. The Entrepreneur will take appropriate technical and organisational measures to secure the safe transfer of data and provide a secure web environment. If the Consumer can pay electronically, the Entrepreneur must have the appropriate safety measures in place.
9. Within the margins of the law, the Entrepreneur may investigate as to whether the Consumer will be able to meet his payment obligations, as well as inform himself of all those facts and factors that have a bearing on the sound conclusion of the Agreement. If based on this investigation the Entrepreneur has valid grounds to decide against entering into the agreement, he is entitled to refuse an order or request, or to attach special conditions to the execution thereof, supported by reasons.

Article 6 – Right of withdrawal

1. The Consumer has the option to cancel the Agreement within 14 days, without having to state reasons (the Cooling-Off Period). This period of 14 days starts on the day after the Consumer’s unambiguous acceptance of the offer.
2. In order to invoke his Right of Withdrawal, the Consumer must follow the relevant, reasonable and clear instructions given by the Entrepreneur with the offer and/or no later than at the time of delivery. Preferably, the Consumer uses the template form.

Article 7 – The price

1. The Entrepreneur obtains his information, such as energy prices, digital TV, Internet subscriptions, terms of delivery and promotions through the Supplier/Service Provider. The Entrepreneur is fully committed to verifying the correctness of this information, but cannot guarantee that this information will at all times be up to date and complete. The available data is a snapshot in time and is subject to continuous change.
2. The Entrepreneur’s system uses the information provided by the user to provide an overview of the prices available at that time. However, no rights can be derived from this overview.
3. The Entrepreneur cannot be held liable for shortcomings and/or negligence on the part of the Supplier/Service Provider whom the Consumer purchases products and/or services from and/or whom the Consumer has been referred to by the Entrepreneur.
4. The prices of products and/or services referred to in the offer are in Euros and inclusive of VAT.
5. The Entrepreneur is paid a commission by the Supplier/Service Provider for the services provided as an intermediary.

Article 8 – Complaints procedure

1. The Entrepreneur has a complaints procedure in place, which procedure is sufficiently known and processes any complaints in accordance with this procedure: Complaints procedure of Arx Groep Online B.V.
2. Failure to resolve the complaint through mutual consultation will result in a dispute that is subject to the dispute settlement procedure.

Article 9 – Disputes

1. Agreements between the Entrepreneur and the Consumer which these general terms and conditions apply to are governed exclusively by Dutch law.

Article 10 – Liability

1. The execution of the Assignment is entirely at the risk and responsibility of the Consumer. The Entrepreneur is only liable for direct damage or loss caused by deliberate recklessness or intent on the part of the Entrepreneur.
2. The Entrepreneur can never be held liable for indirect damage, including consequential damage, lost profit, missed savings, business interruption or an intangible loss suffered by the Consumer. In the event of a consumer sale, this limitation will not transgress beyond what is permitted by virtue of Section 7:24, subsection 2 of the Dutch Civil Code.
3. The Entrepreneur cannot be held liable for damage of whatever nature, as a result of the Entrepreneur relying on incorrect and/or incomplete data provided by the Consumer, unless it should have been apparent to the Entrepreneur that such data was incorrect or incomplete.
4. The Consumer must report to the Entrepreneur any damage or loss for which the Consumer can be held liable as soon as possible, yet in any case within 10 days after the occurrence of the damage, all of which is at the risk of forfeiting any right to compensation of this damage or loss.
5. Any liability claim against the Entrepreneur expires within one year of the Consumer becoming aware of the loss event or could reasonably have been aware thereof.

Article 11 – Customer portal 

1. After the Consumer has agreed to these terms and conditions, the Consumer can create a profile in the customer portal. With this customer portal, the Entrepreneur offers a digital environment in which a single-person login allows access to personal information, information about products and/or services and messaging with the Entrepreneur.
2. Personal data is processed for this online environment. To this end, the Entrepreneur has drawn up a privacy statement.

Article 12 – Validity

1. These general terms and conditions are valid from 19 November 2019.