Terms and Conditions

Terms and Conditions

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Contents: 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 terms and conditions / Conditions Payment 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 in the name 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 of which the delivery obligation and the purchase are spread over a certain period. Durable medium: any tool that enables the recipient or the entrepreneur to store information 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 unaltered reproduced. Right of withdrawal: the option for the consumer to terminate the distance contract within the cooling-off period. Entrepreneur: the natural person or company that offers products to consumers at a distance. Distance contract: an agreement based on a system organized by companies for distance selling of products and services, including the conclusion of a contract using one or more techniques for distance communication. Distance communication technique: a means that can be used to conclude a contract without the consumer and the entrepreneur meeting simultaneously in the same place. 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 has a regulated profession practices: 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 from the entrepreneur and to every distance contract concluded between entrepreneur and 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 is 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 stored in a simple way 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 / conditions electronically and that these terms and conditions / conditions are sent to the consumer electronically or otherwise at the request of the consumer at no extra cost. sent. In the event that, in addition to these general terms and conditions / provisions, specific product and service terms and conditions also apply, 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 favorable to the consumer. 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 consumer assessment of the products/services. The images used by the entrepreneur are a true representation of the products and services. Obvious errors and mistakes are not binding on 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 the 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 pays the price guarantees the level of the tariff for distance communication if the costs for the use of the technology for distance communication are calculated on a different basis than the regular tariff for communication if the agreement is archived after the conclusion and if so, how this is for the consumer way in which the consumer, before concluding the contract, can check the information provided by him in the context of the contract and, if necessary, can also restore any other languages, including Dutch, for the contract codes of conduct to which the entrepreneur is subject and the wise waa on the consumer can consult the codes of conduct electronically; and the minimum duration of the distance contract in the event of a continuing performance contract. 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 immediately confirms 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 takes appropriate technical and organizational measures to protect the electronic data transfer and ensures a safe web environment. If the consumer can pay electronically, the entrepreneur will take the necessary security measures. Within the legal framework, the entrepreneur can report or check 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 the entrepreneur has good reasons not to conclude the agreement on the basis of research, he has the right to motivate and refuse an order / request or can attach special conditions to the execution 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 about warranties and after-sales services d. Article 4 paragraph 3 unless the entrepreneur has already sent this information before the execution of the agreement. e. The requirements for termination of the agreement if the agreement has a duration of one year or longer or is of indefinite duration. In case of a length transaction, the previous clause is e. only applies to the first delivery. Article 6 - Right of withdrawal Delivery of products: After purchasing products, the consumer has the option to dissolve the agreement without giving reasons during 14 days. The cooling-off period starts on the day after the consumer has received the product or a pre-designated representative of the consumer to the entrepreneur. During the cooling-off period, the consumer must handle the product and the 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 the delivery of services, the consumer has the option to dissolve the agreement without stating reasons for at least 14 days, starting on the day of entering into the agreement. To exercise the right of withdrawal, the consumer must comply with 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. Article 8 - Exclusion of the right of withdrawal The entrepreneur can exclude the consumer's right of withdrawal 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. Which cannot be returned due to their nature d. That can spoil or age quickly e. The price of which is subject to fluctuations in the financial market over 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. Concerning accommodation, transportation, restaurants or to spend leisure time on a particular date or during a particular period. b. The delivery of which has started with the express consent of the consumer before the cooling-off period has expired. c. Betting bets and lotteries Article 9 - Prices During the period of validity stated in the offer, the prices of the products and services offered are not increased, except for price changes as a result of 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 dependence on fluctuations and the fact that the prices mentioned 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 legal 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 incorporation 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 execution The entrepreneur will take into account the receipt and execution of orders for products and when assessing applications for services with the greatest possible care. The address disclosed 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 / provisions, the entrepreneur will execute the accepted orders expeditiously, but at the latest within 30 days, unless a longer period has been agreed. If the delivery is delayed or if a delivery cannot or partially be carried out, the consumer will be informed of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without further costs and is entitled to compensation. In the event 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 will be stated in a clear and comprehensible manner that a replacement product will be delivered. The right of withdrawal cannot be excluded with regard to replacement products. The costs of any 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 representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise. If you receive a damaged product, you must notify us by email within three days. You can send this email to the email address provided at the bottom of this page. Article 12 - Duration of transactions: duration, termination and extension Termination The consumer may at any time enter into an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) and services, subject to the applicable termination rules of a notice period. of no more than one month. The consumer can at all times terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or service at the end of the specific period, with due observance of the applicable notice periods of a maximum of 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 at least cancel in the same way as they were entered into by him at all times with the same cancellation that the entrepreneur for himself has gotten. Extension An agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, may not be automatically extended or renewed for a definite period. Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period of time and which extends to the regular delivery of newspapers, weeklies and magazines, can be automatically extended for a fixed period 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 which extends to the regular delivery of products and services may only be automatically extended for an indefinite period if the consumer cancels at all times 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 which extends to the regular delivery of newspapers, weeklies and magazines (trial and introductory subscription) is not automatically extended and ends automatically at the end of the trial or introductory period. Term 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 oppose cancellation before the end of the agreed duration. Article 13 Payments Unless otherwise agreed, the amounts owed must be paid by the consumer within 7 days after the start of the reflection period as referred to in Article 6, paragraph 1. In the event of an agreement to provide a service, the reflection period starts after the consumer has received the confirmation of the agreement. When selling products to consumers, an advance payment of more than 50% may never be stipulated in the general terms and conditions. When an advance payment has been stipulated, the consumer cannot assert any rights with regard to the execution of the relevant order or service(s) 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 sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time 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 subject to the dispute settlement procedure. Article 15 - Disputes Dutch law only applies to agreements between entrepreneur and consumer to which these general terms and conditions apply. In case of disputes, the consumer can contact Stichting WebwinkelKeur and this foundation will mediate free of charge. If both parties cannot reach a solution, the consumer has the option of having 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 / 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
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