Terms of service

Table of contents:

Article 1 – Definitions
Article 2 – Identity of CuliStack
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the reflection period
Article 8 – Exercise of the right of withdrawal by the consumer and associated costs
Article 9 – Obligations of CuliStack upon withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Compliance and additional warranty
Article 13 – Delivery and performance
Article 14 – Duration transactions: duration, termination and renewal
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Additional or deviating provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Additional contract: a contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by CuliStack or by a third party based on an agreement between that third party and CuliStack;

Reflection period: the period within which the consumer can exercise their right of withdrawal;

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

Day: calendar day;

Digital content: data produced and supplied in digital form;

Continuous contract: a contract aimed at the regular delivery of goods, services and/or digital content for a certain period;

Durable medium: any tool – including email – that enables the consumer or entrepreneur 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 unchanged reproduction of the stored information;

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

Distance contract: a contract concluded between CuliStack and the consumer within the framework of an organized system for the remote sale of products, digital content and/or services, whereby up to and including the conclusion of the contract, one or more techniques for remote communication are used exclusively or jointly;

Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions;

CuliStack: the legal entity as further defined in article 2, which offers products, (access to) digital content and/or services remotely to consumers as set out in these general terms and conditions;

Technology for distance communication: means that can be used to conclude a contract without the consumer and entrepreneur having to be present in the same place at the same time;

Article 2 – Identity of CuliStack

Name of entrepreneur
CuliStack B.V.

Registered address
Kwaadeindstraat 87, 5041JK Tilburg, Netherlands

Email
support@culistack.com

Chamber of Commerce number
98639706

Union regulation participation number
NL868580168B01

Article 3 – Applicability

These general terms and conditions apply to every offer from CuliStack and to every distance contract concluded between entrepreneur and 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, CuliStack will indicate before the distance contract is concluded how the general terms and conditions can be viewed at CuliStack and that they will be sent free of charge as soon as possible at the consumer’s request.

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 can be made available to the consumer electronically in such a way that the consumer can easily store it 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 accessed electronically and that they will be sent free of charge electronically or otherwise at the consumer’s request.

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

Article 4 – The offer

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

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

Each offer contains such information that it is clear to the consumer what rights and obligations are connected to accepting the offer.

Article 5 – The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions attached to it.

If the consumer has accepted the offer electronically, CuliStack will immediately confirm receipt of the acceptance electronically. As long as this receipt has not been confirmed by CuliStack, the consumer can dissolve the agreement. After receiving this confirmation, it is no longer possible for the consumer to dissolve or cancel the agreement; however, the consumer can still exercise the right of withdrawal (article 6).

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

CuliStack may – within legal frameworks – verify whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance agreement. If CuliStack has good reasons based on this investigation not to enter into the agreement, it is entitled to refuse an order or request with reasons or to attach special conditions to the execution.

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

  • the visiting address of the CuliStack establishment where the consumer can address complaints;
  • the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  • the information about warranties and existing after-sales service;
  • the price including all taxes of the product, service, or digital content; where applicable, the delivery costs; and the method of payment, delivery, or performance of the distance agreement;
  • the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
  • if the consumer has a right of withdrawal, the model withdrawal form.

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

Article 6 – Right of withdrawal

The consumer can cancel a contract regarding the purchase of a product within a reflection period of at least 60 (sixty) days without giving reasons. CuliStack may ask the consumer for the reason for withdrawal but may not require the consumer to provide their reason(s).

The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party previously designated by the consumer who is not the carrier, has received the product, or:

  • if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, received the last product. CuliStack may refuse an order of multiple products with different delivery times, provided they have clearly informed the consumer about this prior to the ordering process;
  • if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or the last part;
  • for contracts for the regular supply of products over a certain period: the day on which the consumer, or a third party designated by them, received the first product.

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

The consumer can cancel a service contract and a contract for the supply of digital content not supplied on a tangible medium for at least 14 days without giving reasons. CuliStack may ask the consumer for the reason for withdrawal but may not require the consumer to provide their reason(s).

The reflection period referred to in paragraph 3 starts on the day following the conclusion of the contract.

Extended reflection period for products, services, and digital content not supplied on a tangible medium if the right of withdrawal is not informed:

If CuliStack has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original reflection period established in accordance with the previous paragraphs of this article.

If CuliStack has provided the consumer with the information referred to in the previous paragraph within twelve months after the start date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the reflection period

During the reflection period, the consumer will handle the product and packaging carefully. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle is that the consumer may only handle and inspect the product as they would be allowed to do in a store.

The consumer is only liable for depreciation of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.

The consumer is not liable for depreciation of the product if CuliStack did not provide all legally required information about the right of withdrawal before or at the conclusion of the contract.

Article 8 – Exercise of the right of withdrawal by the consumer and associated costs

If the consumer exercises their right of withdrawal, they notify CuliStack within the reflection period by means of the model withdrawal form or in another unambiguous manner.

As soon as possible, but within 14 days from the day after the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorized representative of) CuliStack. This is not required if CuliStack has offered to collect the product themselves. The consumer has met the return deadline if they return the product before the reflection period expires.

The consumer returns the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by CuliStack.

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 CuliStack has not informed the consumer that they must bear these costs or if CuliStack indicates it will bear the costs itself, the consumer does not have to pay the return shipping costs.

The consumer bears no costs for the full or partial delivery of digital content not supplied on a tangible medium, if:

  • they have not explicitly agreed prior to delivery to the commencement of performance of the contract before the end of the reflection period;
  • they have not acknowledged losing their right of withdrawal by giving their consent; or
  • CuliStack has failed to confirm this statement from the consumer.

If the consumer exercises their right of withdrawal, all additional agreements are automatically terminated.

Article 9 – Obligations of CuliStack upon withdrawal

If CuliStack enables the consumer to notify withdrawal electronically, it sends a confirmation of receipt immediately after receiving this notification.

CuliStack reimburses all payments from the consumer, including any delivery costs charged by CuliStack for the returned product, without delay but within 14 (fourteen) days following the day on which the consumer notifies them of the withdrawal. Unless CuliStack offers to collect the product itself, it may wait to refund until it has received the product or the consumer has demonstrated that they have returned the product, whichever occurs first.

CuliStack uses the same payment method for the refund that the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.

If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, CuliStack is not required to refund the additional costs for the more expensive method.

Article 10 – Exclusion of the right of withdrawal

CuliStack may exclude the following products and services from the right of withdrawal, but only if CuliStack has clearly stated this at the offer, at least in time before the conclusion of the agreement:

  • Products or services whose price is subject to fluctuations on the financial market over which CuliStack has no influence and which may occur within the withdrawal period;
  • Agreements concluded during a public auction. A public auction is understood as a sales method where products, digital content, and/or services are offered by CuliStack to the consumer who is personally present or has the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services;
  • Service agreements, after full performance of the service, but only if the execution has started with the consumer’s explicit prior consent; and the consumer has declared that they lose their right of withdrawal once CuliStack has fully performed the agreement;
  • Service agreements for the provision of accommodation, if the agreement specifies a certain date or period for its execution and other than for residential purposes, goods transport, car rental services, and catering;
  • Agreements related to leisure activities, if the agreement specifies a certain date or period for its execution;
  • Products manufactured according to consumer specifications, which are not prefabricated and are produced based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;
  • 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 are irrevocably mixed with other products after delivery due to their nature;
  • Alcoholic beverages whose price was agreed upon when concluding the agreement, but whose delivery can only take place after 14 days, and whose actual value depends on market fluctuations over which CuliStack has no influence;
  • Sealed audio, video recordings, and computer software, where the seal has been broken after delivery;
  • Newspapers, magazines, or periodicals, except for subscriptions to these;
  • The delivery of digital content other than on a tangible medium, but only if the execution has started with the consumer’s explicit prior consent; and the consumer has declared that they thereby lose their right of withdrawal.

Article 11 – The price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

Contrary to the previous paragraph, CuliStack may offer products or services whose prices are tied to fluctuations in the financial market and over which CuliStack has no influence, at variable prices. This linkage to fluctuations and the fact that any stated prices are indicative prices are mentioned in the offer.

Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only allowed if CuliStack has stipulated this and these are the result of legal regulations or provisions; or the consumer has the right to terminate the agreement as of the day the price increase takes effect.

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

Article 12 – Performance of the agreement and additional warranty

CuliStack 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 legal provisions and/or government regulations existing on the date the agreement is concluded. If agreed, CuliStack also guarantees that the product is suitable for use other than normal use.

An additional warranty provided by CuliStack, its supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against CuliStack under the agreement if CuliStack has failed to fulfill its part of the agreement.

An additional warranty means any commitment by CuliStack, its supplier, importer, or manufacturer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to in case of failure to fulfill their part of the agreement.

Article 13 – Delivery and execution

CuliStack will exercise 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 the consumer has provided to CuliStack.

Subject to the provisions of article 4 of these general terms and conditions, CuliStack will execute accepted orders with due speed but no later than within 14 days, unless another delivery period has been agreed upon. If delivery is delayed, or if an order cannot be fulfilled or only partially fulfilled, the consumer will be notified no later than 14 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.

After termination in accordance with the previous clause, CuliStack will promptly refund the amount paid by the consumer.

The risk of damage and/or loss of products rests with CuliStack until delivery to the consumer or a previously designated and known representative of CuliStack, unless explicitly agreed otherwise.

Insured shipping

CuliStack offers customers the option to choose insured shipping (€4.95) during checkout.

When choosing insured shipping, the consumer benefits from expedited and prioritized handling in case of loss, damage, or disappearance of the package during transport. In such cases, CuliStack will promptly proceed with an appropriate solution, such as reshipping the order free of charge or refunding the purchase amount.

If insured shipping is not used, CuliStack will initiate an investigation with the carrier in case of loss or disappearance of the package. The outcome of this investigation will be awaited before any further steps are taken. The duration of such an investigation can vary from a few working days to several weeks.

Regardless of the chosen shipping option, CuliStack remains responsible for the correct delivery of the order, in accordance with legal provisions.

This article does not affect the statutory rights of the consumer.

Article 14 – Duration transactions: duration, termination, and extension

Termination:

The consumer can terminate an agreement entered into for an indefinite period that involves the regular delivery of products or services at any time, observing the agreed termination rules and a notice period of no more than one month.

The consumer can terminate an agreement entered into for a fixed term that involves the regular delivery of products or services at any time at the end of the fixed term, observing the agreed termination rules and a notice period of no more than one month.

The consumer can terminate the agreements mentioned in the previous paragraphs:

  • terminate at any time and not be limited to termination at a specific time or during a specific period;
  • at least terminate in the same manner as these agreements were entered into by the consumer;
  • always terminate with the same notice period that CuliStack has stipulated for itself.

Extension:

An agreement entered into for a fixed term that involves the regular delivery of products or services may not be tacitly extended or renewed for a fixed period.

Notwithstanding the previous paragraph, an agreement entered into for a fixed term may be tacitly extended for a fixed period of up to three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

An agreement entered into for a fixed term that involves the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month.

Duration:

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 – Payment

Unless otherwise specified in the agreement or additional terms, the amounts owed by the consumer must be paid within 14 (fourteen) days after the start of the reflection period, or if there is no reflection period, within 14 (fourteen) days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period starts on the day after the consumer has received confirmation of the agreement.

In the sale of products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. When advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.

The consumer is obliged to immediately report any inaccuracies in the provided or stated payment details to CuliStack.

If the consumer does not meet their payment obligation(s) on time, after being notified by CuliStack of the late payment and after CuliStack has granted the consumer a period of 14 (fourteen) days to still fulfill their payment obligations, the consumer owes statutory interest on the outstanding amount after the expiration of this 14-day period, and CuliStack is entitled to charge the extrajudicial collection costs it has incurred. These collection costs amount to a maximum of: 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. CuliStack may deviate from these amounts and percentages to the consumer’s advantage.

Article 16 – Complaints procedure

CuliStack has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

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

Complaints submitted to CuliStack will be answered within a period of 14 (fourteen) days from the date of receipt. If a complaint requires a foreseeable longer processing time, CuliStack will respond within the 14 (fourteen) day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

Article 17 – Disputes

Only Dutch law applies to agreements between CuliStack and the consumer to which these general terms and conditions apply. All disputes arising from the agreement and/or these general terms and conditions will be submitted to the competent court of the district where CuliStack has its office.

Article 18 – Additional or deviating provisions

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