Terms of service

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

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

Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

Day: calendar day;

Long-term transaction: a distance contract concerning a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

Durable medium: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information.

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

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: a contract whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, exclusively one or more means of distance communication are used up to and including the conclusion of the contract;

Means of distance communication: method that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously in the same place.

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Company name: Marketize.nl

Chamber of Commerce number: 74988298

Trade name: Secretcoco

VAT number: NL002361870B17

Customer service email: support@essentiadeal.com

Business address: Transistorstraat 48 H16, 1322 CG Almere, Netherlands

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur’s premises and will be sent free of charge to the consumer upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph and before the contract is concluded, be provided to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.

If, 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 the event of conflicting conditions.

If one or more provisions in these general terms and conditions are wholly or partially null and void or annulled at any time, the agreement and these conditions will otherwise remain in force and the relevant provision will be replaced in mutual consultation by a provision that approximates the original intent as closely as possible.

Situations not covered by these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.

Uncertainties about the interpretation or content of one or more provisions of these conditions must be explained ‘in the spirit’ of these general terms and conditions.

Article 4 – The Offer

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

The offer is non-binding. The entrepreneur has the right to change and adapt the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or cancellation of the agreement.

Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the colors shown exactly match the real colors of the products.

Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:

the price, excluding customs clearance costs and import VAT. These additional costs are the responsibility and risk of the customer. The postal and/or courier service will apply the special scheme for postal and courier services. This scheme applies if the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service will collect the VAT (possibly together with the clearance costs) from the recipient of the goods;
any shipping costs;
the way in which the contract is concluded and what actions are required;
whether or not the right of withdrawal applies;
the method of payment, delivery, and execution of the contract;
the period for accepting the offer, or the period during which the entrepreneur guarantees the price;
the rate for distance communication if it differs from the basic rate for the used means;
whether the agreement will be archived after conclusion and how the consumer can access it;
how the consumer can check and, if necessary, correct their information before finalizing the contract;
any other languages in which the contract can be concluded besides Dutch;
the codes of conduct to which the entrepreneur is subject and how the consumer can access them electronically;
the minimum duration of the distance contract in the case of a long-term transaction;
Optional: available sizes, colors, and materials.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

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

The entrepreneur may, within legal limits, gather information about whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into a distance contract. If the entrepreneur has valid reasons based on this investigation not to enter into the agreement, they are entitled to refuse an order or application or to attach special conditions to the execution.

The entrepreneur will include the following information with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

the visiting address of the entrepreneur’s business location where the consumer can lodge complaints;
the conditions under which and how the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about warranties and existing after-sales services;
the information listed in Article 4 paragraph 3, unless the entrepreneur has already provided this to the consumer before the execution of the agreement;
the requirements for termination of the agreement if it has a duration of more than one year or is of indefinite duration.

For long-term transactions, the provision in the previous paragraph only applies to the first delivery.

Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.

During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If they exercise their right of withdrawal, the consumer will return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to use their right of withdrawal, they must notify the entrepreneur within 14 days of receipt of the product. Notification must be made in writing or by email. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must provide proof that the goods have been returned on time, for example, by means of a shipping receipt.

If the consumer has not notified the entrepreneur or returned the product within the periods mentioned in paragraphs 2 and 3, the purchase becomes final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the goods are the responsibility of the consumer.

If the consumer has already paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received by the entrepreneur or conclusive proof of return has been provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal is only possible if the entrepreneur clearly stated this in the offer or at least before concluding the agreement.

Exclusion of the right of withdrawal is only possible for products:

that have been made to the consumer’s specifications;
that are clearly personal in nature;
that cannot be returned due to their nature;
that perish or age quickly;
whose price is subject to fluctuations in the financial market beyond the entrepreneur’s control;
for individual newspapers and magazines;
for audio or video recordings or software whose seal has been broken;
for hygienic products whose seal has been broken.

Exclusion of the right of withdrawal is only possible for services:

relating to accommodation, transport, restaurant services, or leisure activities to be carried out on a specific date or during a specific period;
whose performance has begun with the consumer’s express consent before the end of the cooling-off period;
relating to bets and lotteries.

Article 9 – 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.

In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market beyond the entrepreneur’s control at variable prices. The fact that prices may fluctuate and that any listed prices are target prices will be stated in the offer.

Price increases within 3 months after the agreement has been concluded are only permitted if they result from legal regulations or provisions.

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

they are the result of legal regulations or provisions; or
the consumer has the option to cancel the agreement effective from the date the price increase takes effect.

The place of delivery is determined according to Article 5, paragraph 1, of the Dutch Turnover Tax Act 1968, and is where the transport begins. In this case, the delivery takes place outside the EU. Therefore, import VAT and clearance fees will be collected from the customer by the postal or courier service. The entrepreneur will not charge VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In the event of printing or typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

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

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer can assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.

The warranty period provided by the entrepreneur corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

the consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the entrepreneur’s instructions and/or the product’s packaging;
the defect is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will take the greatest possible care in receiving and executing product orders.

The place of delivery is the address that the consumer has provided to the entrepreneur.

Subject to what is stated in Article 4 of these terms and conditions, the company will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or can only partially be carried out, the consumer will be informed within 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to compensation if applicable.

In the event of dissolution as described above, the entrepreneur will refund the amount paid by the consumer 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 every effort to provide a replacement item. It will be clearly and comprehensibly stated at the time of delivery that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment is at the entrepreneur’s expense.

The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Long-Term Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate an agreement concluded for an indefinite period and which involves the regular delivery of products (including electricity) or services at any time, with due observance of the applicable termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term agreement that involves the regular delivery of products (including electricity) or services at any time at the end of the fixed period, with due observance of the applicable termination rules and a notice period of no more than one month.

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

at any time and not be limited to termination at a specific time or during a specific period;
in the same way they were concluded;
with the same notice period the entrepreneur has stipulated for themselves.

Renewal

A fixed-term agreement that involves the regular delivery of products or services may not be automatically renewed or extended for a fixed duration.

In deviation from the previous paragraph, a fixed-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed 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.

A fixed-term agreement that involves the regular delivery of products or services may only be automatically renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and with a notice period of no more than three months if the agreement is for the regular but less than monthly delivery of daily, news, and weekly newspapers and magazines.

A limited-duration agreement for the regular introduction of newspapers and magazines (trial or introductory subscriptions) is not automatically extended and ends automatically after the trial or introductory period.

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 dictate otherwise.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of a service agreement, this period begins after the consumer receives confirmation of the agreement.

The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs that were made known in advance.

Article 14 – Complaints Procedure

Complaints about the performance of the contract must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has discovered the defects.

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

If a complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.

Article 16 – CESOP

Due to the amendments to the “Dutch Turnover Tax Act 1968” implemented in 2024 (Implementation of the Payment Service Providers Directive), and the introduction of the Central Electronic System of Payment Information (CESOP), payment service providers may register transactions in the European CESOP system.