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Terms & Conditions
Terms and Conditions
Article 1 - Definitions
In these conditions:
Entrepreneur: the natural or legal person who offers products and / or services to consumers at a distance;
Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur;
Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and / or services, up to and including the conclusion of the agreement only one or more techniques for distance communication are used;
Technology for distance communication: means that can be used for concluding an agreement, without the consumer and trader being in the same room at the same time;
Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Day: calendar day;
Transaction duration: a distance contract relating to a series of products and / or services, of which the supply and / or purchase obligation is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information possible.
Article 2 - Identity of the entrepreneur
C VEROLMELAAN 168, 1422ZB UITHOORN
E-mail address: [email protected]
Chamber of Commerce number: 84062940
VAT identification number: NL863081952B01
Article 3 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract that has been concluded between the entrepreneur and the consumer.
If the distance contract is concluded electronically, the text of these general terms and conditions can be made available electronically to the consumer in such a way that it can be easily stored by the consumer on a durable medium. 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 at the request of the consumer they will be sent free of charge by electronic means or otherwise.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to him. is.
Article 4 - The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the offered products and / or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
the price including taxes;
the possible costs of delivery;
the way in which the contract will be concluded and which actions are necessary for this;
whether or not the right of withdrawal applies;
the method of payment, delivery or execution of the agreement;
the period for accepting the offer or the period for adhering to the price;
the level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate;
if the agreement is archived after the conclusion, how it can be consulted by the consumer;
the way in which the consumer can get informed of the actions he does not wish to take before concluding the contract, as well as the way in which he can rectify these before the contract is concluded;
the possible languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of an agreement that is continuous Urgent or periodic delivery of products or services. Article 5 - The agreement The agreement is subject to the provisions of paragraph 4, concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures. The entrepreneur can - within legal frameworks - inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important. for a responsible conclusion of the distance contract. If the entrepreneur on the basis of this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request, or to attach special conditions to the execution. The entrepreneur will provide the consumer with the product or service. 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 medium: a. the visiting address of the establishment of the trader where the consumer can go with 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. the information about existing service after purchase and guarantees; d. the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement; e. the requirements for termination of the contract if the contract has a duration of more than one year or is indefinite.6. If the entrepreneur has committed himself to supplying a series of products or services, the provision in the previous paragraph applies only to the first delivery. Article 6a - Right of withdrawal upon delivery of products1. When purchasing products, the consumer has the option to dissolve the agreement without giving any reason within seven working days. This period commences on the day following receipt of the product by or on behalf of the consumer.2. During this period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent that is necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will 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. Article 6b - Right of withdrawal upon delivery of services Upon delivery of services the consumer has the possibility to terminate the contract without giving any reason within fourteen working days, starting on the day of entering into the agreement. In order to make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and / or at the latest on delivery. Article 7 - Costs in the event of withdrawal If the consumer exercises his right of withdrawal, the costs of returning the goods are at the most. If the consumer has paid an amount, the entrepreneur will pay this amount as soon as possible, but no later than 30 days after return the refund or cancellation. Article 8 - Exclusion of right of withdrawalIf the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.Exclusion of the right of withdrawal is only possible for products (a) which have been created by the trader in accordance with the consumer's specifications, (b) which are clearly personal in nature, (c) which can not be returned due to their nature, (d) are likely to spoil or deteriorate rapidly; price is subject to fluctuations in the financial market on which the entrepreneur has no influence, f) for 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 services: a) betreffende accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period, b) the delivery of which commenced with the express consent of the consumer before the cooling-off period has expired, c) concerning betting and lotteries. Article 9 - The price During the validity period stated in the offer, the prices of the offered products and / or services will not be increased, except for price changes as a result of changes in VAT rates. Notwithstanding the previous paragraph, the entrepreneur may purchase products or services of which the prices are subject to fluctuations on the financial market and where the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any listed prices are target prices are stated in the offer.Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.Price increases from 3 months after conclusion of the agreement is only permitted if the entrepreneur has stipulated this and: a) these are the result of statutory regulations or stipulations; orb) the consumer has the authority to terminate the contract on the day on which the price increase takes effect. The prices stated in the offer of products or services include VAT. Article 10 - Conformity and Guarantee 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 information on the date of the creation of the products. agreement existing statutory provisions and / or government regulations. An arrangement offered by the entrepreneur, manufacturer or importer as guarantee does not affect the rights and claims that the consumer can make in respect of a shortcoming in the performance of the obligations of the entrepreneur towards the entrepreneur. assert on the grounds of the law and / or the distance contract. Article 11 - Delivery and executionThe entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.As place of delivery applies the address that the consumer to the company has made known. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with convenient speed but at the latest within 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification no later than one month after placing the order. In that case, the consumer has the right to dissolve the contract without penalty and the right to any compensation. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will pay the amount that the consumer has paid as soon as possible but no later than 30 days after dissolution. , refund.If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of return shipment are for the account of the entrepreneur. The risk of damage and / or loss of products rests until the moment of delivery to the consumer at the entrepreneur, unless expressly agreed otherwise. Article 12 - Duration transactions The consumer can terminate an agreement that has been concluded for an indefinite period at any time with due observance of the agreed cancellation rules and a notice period of no more than one month. A contract that has been concluded for a definite period has a maximum term of two years. If it has been agreed that the distance contract will be extended if the consumer is silent, the agreement will be continued as a contract for an indefinite period and the notice period after continuation of the agreement will be a maximum of one month. Article 13 - Payment Insofar as it has not been agreed later, the amounts owed by the consumer must be paid within fourteen days after delivery of the good or in case of an agreement to provide a service, within 14 days after the delivery of this agreement modest.When selling products to consumers, a prepayment of more than 50% can never be stipulated in general terms and conditions. If payment in advance is stipulated, the consumer can not assert any rights regarding the execution of the relevant provisions smooth order or service (s), before the stipulated advance payment has taken place. The consumer has the duty to report inaccuracies in provided or stated payment data to the entrepreneur immediately. In case of default of the consumer, the entrepreneur subject to legal restrictions, the right to charge the reasonable costs made known to the consumer in advance. Article 14 - Complaints procedureThe entrepreneur has a well-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 date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer. Article 15 - Additional or deviating provisions Additional conditions 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 medium .