Recolate's Terms and Conditions Analysed

The trader's identity in Article 2 lists a registered address in Gravenhage (The Hague), but the model withdrawal form in Appendix I lists a completely different return address in Zaandijk. This creates confusion about the correct legal and return addresses.

Article 6 states the withdrawal period for products is "at least 30 days," which aligns with EU law for distance sales. However, the website footer advertises "Easy 30 days returns" and "30 days money back guarantee," which could be interpreted as more restrictive than the legal "at least" period, potentially misleading consumers about their rights.

Article 8 places the risk and the burden of proof for exercising the right of withdrawal correctly and in time upon the consumer. This is a significant burden and may be overly onerous or contested under consumer protection laws.

Article 10 lists numerous exclusions from the right of withdrawal. While some are standard, the list is extensive and must be presented very clearly at the time of purchase to be enforceable, which is not verifiable from this document alone.

Article 13 states the trader will implement orders "at the latest within 30 days" unless otherwise agreed. This is a long default delivery period that may not meet modern consumer expectations for online retail.

Article 15 allows the trader to charge "reasonable extrajudicial costs of collection" with a specified minimum of €40 and a percentage scale. These stipulated amounts may not be considered "reasonable" by all courts and could be challenged as a penalty.

Article 15 also states that general terms may never stipulate an advance payment exceeding 50% when selling products to consumers. This is a protective rule, but its inclusion suggests the trader acknowledges the possibility of requesting significant upfront payments.

Article 16 requires the consumer to give the trader "at least 4 weeks to solve the complaint in joint consultation" before it becomes a formal dispute. This is a lengthy mandatory waiting period that could delay a consumer's access to formal dispute resolution.

Article 17 states that contracts are "subject only to Dutch law." For consumers residing in other EU member states, this may deprive them of the mandatory protection of their own country's consumer laws, which could be unenforceable under EU conflict-of-law regulations (Rome I Regulation).

The model withdrawal form in Appendix I instructs the consumer to send the form to "Recolate" at an address in Zaandijk and to an email address (dave@recolate.com) that differs from the general contact email (info@recolate.com) provided in Article 2. This inconsistency can lead to failed withdrawal notifications.