Terms and Conditions
Terms and Conditions
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Content: Article 1- Definitions Article 2- Corporate identity / entrepreneur Article 3- Relevance Article 4- Offer Article 5- Agreement Article 6 - Right of withdrawal Article 7 - Withdrawal costs Article 8 - Exclusion of right of withdrawal Article 9 - Prices Article 10 - Conformity and guarantees Article 11 - Delivery and execution Article 12 - Duration of transactions: duration, termination and extension Article 13 - Payments Article 14 - Complaints Article 15 - Disputes Article 16 - Additional and deviating provisions Article 17 - General conditions / Conditions Payments afterwards Article 1 - Definitions In these Conditions / Conditions, the following definitions apply: Consideration period: the period during which the consumer can exercise the right of withdrawal. Consumer: the natural person who does not act on behalf of a company or profession and who enters into a distance contract with the entrepreneur. Day: calendar day A length transaction: a distance contract with regard to a series of products and services, the obligation to deliver and the purchase of which are spread over a certain period. Durable medium: any instrument that enables the recipient or the entrepreneur to store information that is addressed to him personally in a way that is accessible for a future period for the purpose of the information and that allows the stored information to be unchanged reproduced. Right of withdrawal: the option for the consumer to terminate the distance contract within the reflection period. Entrepreneur: the natural person or company that offers products to consumers from a distance. Distance contract: an agreement based on a system organized by companies for the distance sale of products and services, including the conclusion of an agreement using one or more techniques for distance communication. Technology for distance communication: a means that can be used to conclude an agreement without the consumer and the entrepreneur being together in the same place at the same time. Article 2- Company identity / entrepreneur Registered company name: Address: Telephone number: E-mail: Chamber of Commerce number: VAT identification number: If the activity of the entrepreneur is subject to a relevant licensing system: the details of the supervisory authority If the entrepreneur is a regulated profession exercises: The professional association of which the entrepreneur is a member: The profession, the location in the EU or in the European economic area where this profession is assigned: A reference to the professional rules that apply in the Netherlands and instructions where and how accessible these professional rules are . Article 3- Relevance 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. Before the distance contract is concluded, the text of the general terms and conditions is made available to the consumer. If it is not reasonably possible that before the distance contract is concluded, it will be indicated that the general terms and conditions / conditions can be viewed at the entrepreneur and at the request of the consumer these general terms and conditions / conditions will be sent to the consumer as soon as possible without additional cost. If the distance contract is concluded electronically, notwithstanding the previous article and before the distance contract is concluded, the text of the general terms and conditions / conditions can be made available to the consumer electronically so that the text can be easily stored on a sustainable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the consumer can find the general terms and conditions electronically and that these terms and conditions will be sent to the consumer electronically or otherwise at the consumer's request at no additional cost. sent. In the event that specific product and service conditions apply in addition to these general terms and conditions / provisions, the second and third articles apply mutatis mutandis and in the event of conflicting terms / conditions, the consumer can invoke the relevant terms / conditions that most beneficial to consumers. Article 4- Offer If an offer has a limited validity or has other specifications, this will be explicitly stated. The offer contains a complete and accurate description of the products and services offered. The description is sufficiently detailed to allow a proper assessment by the consumer of the products / services. The images used by the entrepreneur are a true representation of the products and services. Obvious errors and mistakes do not bind the entrepreneur. Each offer contains such information that it is clear to the consumer which rights and obligations are related to the offer when it is accepted by the consumer. This concerns in particular: price including taxes possible delivery costs way in which the agreement was concluded and the necessary signatures or the right of withdrawal is applied the method of payment, delivery and execution of the contract the deadline for accepting the offer or the period within which the entrepreneur the price guarantees the level of the tariff for distance communication if the costs for using the technology for distance communication are calculated on a basis other than the regular tariff for communication if the contract is filed after the conclusion and if so, how it is for the consumer consultative way in which the consumer, before concluding the agreement, can check the information provided by him under the agreement and, if necessary, also correct any other languages, including Dutch, for the contractual codes of conduct to which the entrepreneur is subject and the way waa so that the consumer can consult the codes of conduct electronically; and the minimum duration of the distance agreement in case of a continuing performance agreement. Article 5- The agreement The agreement is concluded, subject to the provisions of paragraph 4, the moment the consumer accepts the offer and meets the conditions. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically that he has received the acceptance of the offer. As long as the entrepreneur has not confirmed the acceptance, the consumer can dissolve the agreement. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic data transfer and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe the necessary security measures. The entrepreneur can report or check within the legal framework whether the consumer can meet the payment obligations, and also check all important facts and factors that are necessary to establish a good distance contract. If, on the basis of research, the entrepreneur has good reasons not to conclude the agreement, he has the right to motivate and refuse an order / request or he can attach special conditions to the implementation of the offer. The entrepreneur sends the following information with the products or services, in writing or in such a way that the consumer can store the data in an accessible manner on a durable medium: a. The address of the company for the consumer to file complaints b. The conditions and the way in which the consumer can exercise the right of withdrawal and a clear indication regarding the exclusion of the right of withdrawal. c. Information on guarantees and after-sales services d. Article 4 paragraph 3 unless the entrepreneur has already sent this information prior to the execution of the agreement. e. The requirements for terminating the agreement if the agreement has a duration of one year or longer or is indefinite. In case of length transaction, the previous clause e. only applies for the first delivery. Article 6 - Right of withdrawal Delivery of products: After the purchase of products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. The cooling-off period starts on the day after the consumer has received the product or a pre-designated representative from the consumer to the entrepreneur. During the cooling-off period, the consumer must handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he wishes to exercise the right of withdrawal, he must return the product with all 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. Delivery of services: After delivery of services, the consumer has the option to dissolve the agreement without giving any reason for at least 14 days, starting on the day of entering into the agreement. In order to exercise the right of withdrawal, the consumer must adhere to the reasonable and clear instructions that the entrepreneur has provided with the offer or ultimately with the delivery of the service. Article 7 - Withdrawal costs If the consumer makes use of the right of withdrawal, he does not have to pay more than the costs for returning the product. If the consumer has paid, the entrepreneur must repay this amount as soon as possible, but no later than 14 days after the withdrawal or after the return shipment. Article 8 - Exclusion of the right of withdrawal The entrepreneur can exclude the right of withdrawal of the consumer insofar as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has stated this clearly and at least in good time before concluding the agreement. Exclusion of the right of withdrawal is only possible for products that are prepared by the entrepreneur according to the consumer's specifications: b. That they are clearly personal in nature c. That cannot be returned due to their nature d. That can spoil or age quickly e. The price of which is dependent on fluctuations in the financial market on which the entrepreneur has no influence f. Individual newspapers and magazines g. For audio and video recordings and computer software of which the consumer has broken the seal. Exclusion of the right of withdrawal is only possible for the following services: a. Regarding accommodation, transport, restaurants or to spend free time on a certain date or during a certain period. b. The delivery of which started with the express consent of the consumer before the reflection period has expired. c. Betting bets and lotteries Article 9 - Prices During the validity period stated in the offer, the prices of the products and services offered will not be increased, except for price changes due to changing VAT rates. Notwithstanding the previous paragraph, the entrepreneur can offer products and services with variable prices if these prices are subject to fluctuations in the financial market and the entrepreneur has no influence. This link to fluctuations and the fact that the stated prices are target prices are stated in the offer. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions. Price increases from 3 months after the conclusion of the agreement only if the entrepreneur has stipulated this and which are the result of statutory regulations or provisions. Or the consumer is authorized to terminate the agreement from the day on which the price increase takes effect. The prices stated in the offer include VAT. Article 10 - Conformity and guarantees The entrepreneur ensures that the products and services comply with the agreement, ensures the specifications stated in the offer, ensures reasonable requirements, reliability and / or usability and ensures on the date of the establishment for existing legal provisions and / or government regulations. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer can assert against the entrepreneur under the agreement. Article 11 - Delivery and implementation The entrepreneur will observe with the greatest possible care the receipt and implementation of orders for products and when assessing requests for services. The address made known to the entrepreneur by the consumer is considered the place of delivery. Taking into account the provisions of article 4 of the general terms and conditions, the entrepreneur will execute the accepted orders expeditiously, but no later than 30 days, unless a longer period has been agreed. If the delivery is delayed or if a delivery cannot be carried out or partially, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without further costs and is entitled to compensation. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 30 days after the dissolution. If delivery of an ordered product proves to be impossible, the entrepreneur will strive to make a replacement product available. At least before delivery, it is stated in a clear and comprehensible manner that a replacement product is being delivered. The right of withdrawal cannot be excluded with regard to replacement products. The costs of a possible return shipment are for the account of the entrepreneur. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise. If you receive a damaged product, you must report it by email within three days. You can send this e-mail to the specified e-mail address at the bottom of this page. Article 12 - Duration of transactions: duration, termination and extension Termination The consumer can at any time enter into an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) and services with due observance of the applicable termination rules of a notice period. of no more than one month. The consumer can at any time cancel a contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or service at the end of the specified period, with due observance of the applicable notice periods of no more than one month. In the agreements in the previous paragraph, the consumer can: cancel at any time without restrictions to terminate at a specific time or during a specific period or at least cancel in the same way as they have been notified by him at any time with the same cancellation that the entrepreneur has for himself. has gotten. Extension An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed term. Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily newspapers, weekly newspapers and magazines can be automatically extended for a fixed term of three months. If the consumer can cancel this extended agreement at the end of the extension period with a notice period of one month. An agreement that has been entered into for a definite period and that extends to the regular delivery of products and services may only be automatically extended for an indefinite period if the consumer cancels at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement extends to a regular delivery, but less than once a month, of daily newspapers, weeklies and magazines. An agreement that has been entered into for a definite period and that extends to the regular delivery of daily newspapers, weeklies and magazines (trial and introductory subscription) will not be automatically renewed and ends automatically at the end of the trial or introductory period. Duration If an agreement has a duration of more than one year, the consumer can cancel at any time after one year with a notice period of no more than one month, unless reasonableness and fairness are opposed to cancellation before the end of the agreed term. Article 13 Payments Unless otherwise agreed, the amounts due must be paid by the consumer within 7 days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In case of an agreement to provide a service, the cooling-off period starts after the consumer has received confirmation of the agreement. When selling products to consumers, the general terms and conditions may never stipulate an advance payment of more than 50%. If an advance payment has been stipulated, the consumer cannot assert any rights whatsoever regarding the execution of the order or service (s) concerned before the stipulated payment has been made. The consumer has the duty to inform the entrepreneur of inaccuracies in the payment details. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs that have been made known to the consumer in advance. Article 14 - Complaints The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure. Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the day of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer a confirmation within 14 days and an indication when the consumer will receive a more detailed answer. If a complaint cannot be resolved by mutual agreement, there is a dispute that is the subject of the dispute settlement. Article 15 - Disputes Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. In case of disputes, the consumer can turn to Stichting WebwinkelKeur and this foundation will mediate free of charge. If both parties cannot come to a solution, the consumer has the option to have his complaint handled by Stichting GeschilOnline. (GeschilOnline.nl Foundation) The decision of this foundation is binding and both the consumer and the entrepreneur accept this binding decision. Article 16 - Additional and deviating provisions Additional or deviating provisions with respect to the General Terms and Conditions may not harm the consumer and must be recorded in writing in such a way that the consumer can store them in an accessible manner on a durable medium. © All Rights Reserved