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 the 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 Post-payments 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 enters into a distance contract with the entrepreneur. Day: calendar day A length transaction: a distance contract relating to a series of products and services, the delivery obligation and purchase of which are spread over a certain period. Durable medium: any instrument that allows 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 kept unchanged 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 remotely to consumers. Distance agreement: an agreement based on a system organized by companies for the distance sale of products and services, including concluding an agreement 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- Corporate identity / entrepreneur Registered company name: Address: Telephone number: E-mail: Chamber of Commerce number: VAT identification number: If the entrepreneur's activity is subject to a relevant licensing system: the data 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 the entrepreneur and the consumer. Before the distance contract is concluded, the text of the general terms and conditions will be made available to the consumer. If it is not reasonably possible before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur and, at the request of the consumer, these general terms and conditions will be sent to the consumer as soon as possible without additional costs. 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 / terms and 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 without additional costs. sent. In the event that, in addition to these general terms and conditions / conditions, specific product and service conditions also apply, the second and third articles apply mutatis mutandis and in the event of conflicting terms / conditions, the consumer can rely on the relevant terms / conditions that are most favorable to the consumer. Article 4 - Offer If an offer has a limited validity or has other specifications, this will be expressly 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 do not bind the entrepreneur. Each offer contains such information that it is clear to the consumer what rights and obligations are associated with the offer when it is accepted by the consumer. This concerns in particular: price including taxes, possible delivery costs, the manner in which the agreement was concluded and the necessary signatures, whether 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 rate for distance communication if the costs for the use of the technology for distance communication are calculated on a different basis than the regular rate for communication, if the agreement has been archived after the conclusion and if so, how this applies to the consumer to consult the manner in which the consumer, before concluding the agreement, can check the information provided by him in the context of the agreement and, if necessary, also correct any other languages, including Dutch, for the agreed codes of conduct to which the entrepreneur is subject and the how consumers can consult the codes of conduct electronically; and the minimum duration of the distance contract in the case of a continuing performance contract. Article 5 - The agreement The agreement is concluded, subject to the provisions of paragraph 4, when 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 acceptance, the consumer can terminate the agreement. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic data transmission and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take 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 necessary to conclude a good distance contract. If, based on research, the entrepreneur has good reasons not to conclude the agreement, he has the right to justify and refuse an order / request or he 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 company's address 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 terminating the agreement if the agreement has a duration of one year or more 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 terminate the agreement without giving reasons within 14 days. The cooling-off period starts on the day after the consumer has received the product or a pre-appointed representative of the consumer from the entrepreneur. During the reflection 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 terminate the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement. To exercise the right of withdrawal, the consumer must adhere to the reasonable and clear instructions provided by the entrepreneur when making the offer or ultimately delivering 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 of 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 return. Article 8 - Exclusion of the right of withdrawal The entrepreneur can exclude the consumer's right of withdrawal to the extent provided 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 a timely manner 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 due to their nature cannot be returned 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, transport, restaurants or to spend free time on a certain date or during a certain 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 will not be 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 when these prices are subject to fluctuations on the financial market and the entrepreneur has no influence. This exposure to 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 legal regulations or provisions. Price increases from 3 months after the conclusion of the agreement only if the entrepreneur has stipulated this and that are the result of legal regulations or provisions. Or the consumer is entitled 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, soundness 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 the utmost care when receiving and executing orders for products and when assessing applications for services. The address communicated by the consumer to the entrepreneur is considered the place of delivery. Taking into account what is determined in Article 4 of the general terms and conditions/provisions, the entrepreneur will execute the accepted orders expeditiously, but no later than within 30 days, unless a longer period has been agreed. If delivery is delayed or if a delivery cannot be made or cannot be made 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 the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after the dissolution. If delivery of an ordered product proves impossible, the entrepreneur will strive to make a replacement product available. At least before delivery, it will be stated in a clear and understandable 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 borne by 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 report this 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 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, taking into account the applicable termination rules of a notice period notice of termination of no more than one month. The consumer can at any time cancel an agreement that has been entered into for a fixed period and which extends to the regular delivery of products (including electricity) or service at the end of the fixed period, taking into account 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 certain time or during a certain period, cancel at least in the same way as they were entered into by him, cancel at any time with the same notice that the entrepreneur gives to himself has gotten. Extension An agreement that has been entered into for a specific period and that extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a specific period. Notwithstanding the previous paragraph, an agreement entered into for a fixed period 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 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 provides for a regular delivery, but less than once a month, of newspapers, weeklies and magazines. An agreement entered into for a fixed period and which extends to 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. 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 opposes cancellation before the end of the agreed duration. Article 13 Payments Unless otherwise agreed, the amounts due must be paid by the consumer within 7 days after the commencement of the reflection period referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, the reflection period begins 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%. When an advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed payment has been made. The consumer has the obligation 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 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 foreseeably longer processing time, the entrepreneur will respond within 14 days with a confirmation 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 procedure. Article 15 - Disputes Dutch law applies exclusively to agreements between entrepreneurs and consumers to which these general terms and conditions apply. In the event 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 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 compared 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
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