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 - Consumer's obligations during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Entrepreneur's obligations in case of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Fulfilment and extra warranty
Article 13 - Delivery and execution
Article 14 - Continuous performance contracts: duration, termination and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Sector warranty
Article 19 - Additional or differing provisions
Article 20 - Amendment of the general terms and conditions of Stichting Webshop Keurmerk
Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. Ancillary agreement: an agreement whereby the consumer acquires products, digital content
and/or services in connection with a distance agreement, and these goods, digital content
and/or services are supplied by the entrepreneur or by a third party based on an
arrangement between that third party and the entrepreneur;
2. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to their
trade, business, craft or professional activity;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Continuous performance contract: an agreement for the regular delivery of goods, services
and/or digital content over a specified period;
7. Durable data carrier: any tool – including email – that enables the consumer
or entrepreneur to store information addressed to them personally in a way
that allows for future consultation or use for a period appropriate to the purpose
for which the information is intended, and that permits the unaltered reproduction of the stored information;
8. Right of withdrawal: the consumer's option to withdraw from the
distance agreement within the cooling-off period;
9. Entrepreneur: the natural or legal person who is a member of Stichting Webshop Keurmerk and
offers products, (access to) digital content and/or services to consumers remotely;
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10. Distance agreement: an agreement concluded between the entrepreneur and the consumer
within the framework of an organised system for distance selling of products,
digital content and/or services, where up to and including the conclusion of the agreement, solely or
partially one or more techniques for distance communication are used;
11. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions;
12. Technique for distance communication: means that can be used to conclude
an agreement without the consumer and entrepreneur having to be together in the same room simultaneously;

Article 2 – Identity of the entrepreneur
Bang & Olufsen ter Horst;
Parijsboulevard 193;
3541CS Utrecht;
Tel. 030-2313483 from 10:00-18:00, closed on Sundays;
info@bang-olufsen-terhorst.nl;
Chamber of Commerce no. 70864942;
VAT no. NL858490195B01;

If the entrepreneur's activity is subject to a relevant licensing system: the
details of the supervisory authority;
If the entrepreneur practices a regulated profession:
- the professional association or organization to which they belong;
- the professional title, the place in the EU or the European Economic Area where it was awarded;
- a reference to the professional rules applicable in the Netherlands and indications where
and how these professional rules are accessible.

Article 3 – Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. 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, the entrepreneur will, before the distance contract is concluded, indicate how the general terms and conditions can be inspected by the entrepreneur and that they will be sent to the consumer free of charge as soon as possible upon request.
3. If the distance contract is concluded electronically, in derogation from 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 electronically in such a way that it can be easily stored by the consumer 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 consulted electronically and that they will be sent free of charge by electronic means or otherwise upon request from the consumer.
4. 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 conditions, the consumer may always invoke the applicable provision that is most favorable to him.

Article 4 – The offer
1. If an offer has a limited period of validity or is made under certain conditions, this will be explicitly stated in the offer.
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2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
3. Every 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.

Article 5 – The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfills the conditions set forth therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will 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 can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. The entrepreneur will, at the latest upon delivery of the product, service or digital content, send the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a. the visiting address of the entrepreneur's establishment where the consumer can file complaints;
b. 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;
c. information about guarantees and existing after-sales service;
d. the price including all taxes of the product, service or digital content; if applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
e. the requirements for termination of the contract if the contract has a duration of more than one year or is for an indefinite period;
f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal
For products:
1. The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but cannot oblige them to state their reason(s).
2. The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance who is not the carrier, has received the product, or:
a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order of several products with different delivery times.
b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
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c. in agreements for regular delivery of products over a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content not supplied on a tangible medium:
3. The consumer can dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium for a period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but cannot oblige them to state their reason(s).
4. The cooling-off period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.
Extended cooling-off period for products, services and digital content not supplied on a tangible medium if information about the right of withdrawal is not provided:
5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period, established in accordance with the previous paragraphs of this article.
6. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the cooling-off period
1. During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
2. The consumer is only liable for any diminished value of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any diminished value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer exercises his right of withdrawal, he notifies the entrepreneur within the cooling-off period by means of the model withdrawal form or by other unambiguous means.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
3. The consumer returns the product with all delivered accessories, if reasonably possible in its original state and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for return shipment.
6. If the consumer withdraws after having first expressly requested that the performance of the service or the supply of gas, water or electricity not prepared for sale in a limited volume or specific quantity commences during the cooling-off period, the consumer owes the entrepreneur an amount proportional to that part of the obligation that has been performed by the entrepreneur at the time of withdrawal, compared to the full performance of the obligation.
7. The consumer bears no costs for the performance of services or the supply of water, gas or electricity, not prepared for sale in a limited volume or quantity, or for the supply of district heating, if:
a. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in case of withdrawal or the model withdrawal form, or;
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b. the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.
8. The consumer bears no costs for the full or partial supply of digital content not supplied on a tangible medium, if:
a. he has not expressly agreed to the commencement of the performance of the agreement before the end of the cooling-off period;
b. he has not acknowledged losing his right of withdrawal when giving his consent; or
c. the entrepreneur has failed to confirm this declaration from the consumer.
9. If the consumer exercises his right of withdrawal, all supplementary agreements are dissolved by operation of law.

Article 9 – Obligations of the entrepreneur in case of withdrawal
1. If the entrepreneur makes it possible for the consumer to notify withdrawal electronically, he will send an immediate confirmation of receipt after receiving this notification.
2. The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without undue delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with reimbursement until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
3. The entrepreneur will use the same means of payment that the consumer used for reimbursement, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not obliged to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of the right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement:
1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period
2. Agreements concluded during a public auction. A public auction means a selling method whereby products, digital content and/or services are offered by the entrepreneur to a consumer who is personally present or has the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service agreements, after full performance of the service, but only if:
a. the performance has begun with the express prior consent of the consumer; and
b. the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the agreement;
4. Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
5. Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance thereof;
6. Products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
7. Products that spoil quickly or have a limited shelf life;
8. Sealed products which are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery;
9. Products which, after delivery, are irrevocably mixed with other products due to their nature;
10. Alcoholic beverages, the price of which was agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
11. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
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12. Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
13. The supply of digital content not supplied on a tangible medium, but only if:
a. the performance has begun with the express prior consent of the consumer; and
b. the consumer has declared that he thereby loses his right of withdrawal.
Article 11 – The price
1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, with the exception of price changes resulting from changes in VAT rates.
2. In derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This connection to fluctuations and the fact that any stated prices are indicative prices will be mentioned in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. these are the result of legal regulations or provisions; or
b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.

Article 12 – Performance of the agreement and extra guarantee
1. The entrepreneur warrants 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 of the conclusion of the agreement. If agreed, the entrepreneur also warrants that the product is suitable for other than normal use.
2. An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed in the performance of his part of the agreement.
3. Extra guarantee means any commitment by the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do if he has failed to perform his part of the agreement.

Article 13 – Delivery and execution
1. The entrepreneur will exercise the greatest possible care when receiving and executing product orders and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than within 30 days, unless a different delivery period has been agreed upon.

If delivery is delayed or if an order cannot be executed or can only be executed in part, the consumer will be notified 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 any damages. 4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer. 5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise. Article 14 – Long-term transactions: duration, termination and extension Termination: 1. The consumer may terminate an agreement entered into for an indefinite period and which relates to the regular delivery of products (including electricity) or services, at any time, subject to the agreed notice rules and a notice period of no more than one month. 2. The consumer may terminate an agreement entered into for a definite period and which relates to the regular delivery of products (including electricity) or services, at any time at the end of the definite period, subject to the agreed notice rules and a notice period of no more than one month. 3. 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 in a specific period; - at least in the same manner as they were entered into by him; - always with the same notice period as the entrepreneur has stipulated for himself. Extension: 4. An agreement entered into for a definite period and which relates to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period. 5. Notwithstanding the previous paragraph, an agreement entered into for a definite period and which relates to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of 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. 6. An agreement entered into for a definite period and which relates to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement relates to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines. 7. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be tacitly continued and will end automatically after the trial or introductory period. Duration: 8. 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 1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the cooling-off period commences, or in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period commences on the day after the consumer has received confirmation of the agreement. 2. When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in general terms and conditions. If prepayment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the stipulated prepayment has been made. 3. The consumer has the obligation to immediately report inaccuracies in provided or stated payment details to the entrepreneur. 4. If the consumer does not meet his payment obligation(s) on time, after being notified by the entrepreneur of the late payment and given a period of 14 days to still meet his payment obligations, if payment is not made within this 14-day period, the consumer will owe the statutory interest on the outstanding amount and the entrepreneur is entitled to charge extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the subsequent € 2,500; and 5% on the next € 5,000, with a minimum of € 40. The entrepreneur may deviate from the aforementioned amounts and percentages in favor of the consumer. Article 16 – Complaints procedure 1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure. 2. Complaints about the implementation of the agreement must be submitted to the entrepreneur fully and clearly described, within a reasonable time after the consumer has discovered the defects. 3. 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 an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer. 4. A complaint about a product, service, or the service of the entrepreneur can also be submitted via a complaint form on the consumer page of the website of the Webshop Trustmark Foundation (http://keurmerk.info/Home/MisbruikOfKlacht). The complaint will then be sent to both the relevant entrepreneur and the Webshop Trustmark Foundation. 5. If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after the submission of the complaint, a dispute arises that is subject to the dispute resolution procedure. Article 17 – Disputes 1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. 2. Disputes between the consumer and the entrepreneur regarding the conclusion or execution of agreements concerning products and services to be supplied or supplied by this entrepreneur, may, with due observance of the provisions below, be submitted by both the consumer and the entrepreneur to the Disputes Committee Webshop, Postbus 90600, 2509 LP The Hague (http://www.sgc.nl). 3. A dispute will only be handled by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable period. 4. No later than twelve months after the dispute has arisen, the dispute must be submitted to the Disputes Committee in writing. 5. If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wishes to do so, the consumer must state in writing within five weeks after a written request to that effect by the entrepreneur whether he also wishes to do so or wishes to have the dispute handled by the competent court. If the entrepreneur does not receive the consumer's choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court. 6. The Disputes Committee rules under the conditions as laid down in the regulations of the Disputes Committee (http://www.degeschillencommissie.nl/over-ons/decommissies/2701/webshop). The decisions of the Disputes Committee are rendered in the form of binding advice. 7. The Disputes Committee will not handle a dispute or will cease its handling if the entrepreneur has been granted a suspension of payments, has been declared bankrupt, or has actually ceased his business activities, before a dispute has been heard by the committee at a session and a final ruling has been issued. 8. If, in addition to the Webshop Disputes Committee, another recognized disputes committee affiliated with the Foundation for Consumer Disputes Committees (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Webshop Trustmark Foundation Disputes Committee is preferably competent for disputes primarily concerning the method of distance selling or service provision. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid. Article 18 – Industry Guarantee 1. The Webshop Trustmark Foundation guarantees compliance with the binding advice of the Webshop Trustmark Foundation Disputes Committee by its members, unless the member decides to submit the binding advice to the court for review within two months of its dispatch. This guarantee revives if the binding advice has been upheld after review by the court and the judgment demonstrating this has become final. Up to a maximum amount of €10,000 per binding advice, this amount will be paid to the consumer by the Webshop Trustmark Foundation. For amounts greater than €10,000 per binding advice, €10,000 will be paid. For the remainder, the Webshop Trustmark Foundation has a best-efforts obligation to ensure that the member complies with the binding advice. 2. For the application of this guarantee, it is required that the consumer makes a written appeal to the Webshop Trustmark Foundation and that he transfers his claim against the entrepreneur to the Webshop Trustmark Foundation. If the claim against the entrepreneur exceeds €10,000, the consumer will be offered to transfer his claim, to the extent that it exceeds €10,000, to the Webshop Trustmark Foundation, after which this organization will, in its own name and at its own expense, seek payment thereof in court to satisfy the consumer. Article 19 – Additional or deviating provisions Additional provisions or provisions deviating from these general terms and conditions may 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. Article 20 – Amendment of the general terms and conditions of the Webshop Trustmark Foundation 1. The Webshop Trustmark Foundation will only amend these general terms and conditions in consultation with the Consumers' Association. 2. Amendments to these terms and conditions are only effective after they have been published in an appropriate manner, on the understanding that in the event of applicable amendments during the term of an offer, the provision most favorable to the consumer shall prevail. Address of Webshop Trustmark Foundation: Willemsparkweg 193, 1071 HA Amsterdam 11 Appendix I: Model withdrawal form Model withdrawal form (only complete and return this form if you wish to withdraw from the contract) - To: Bang & Olufsen ter Horst PArijsboulevard 193, 3541CS Utrecht info@bang-olufsen-terhorst.nl - I/We* hereby give notice that I/we* withdraw from our contract concerning the sale of the following products: [product designation]* the delivery of the following digital content: [digital content designation]* the provision of the following service: [service designation]*, - Ordered on*/received on* [date of order for services or receipt for products] - [Name of consumer(s)] - [Address of consumer(s)] - [Signature of consumer(s)] (only if this form is submitted on paper) * Delete where inapplicable or fill in what is applicable.