Article 1 - Definitions
These conditions apply below:
- Reflection: the period within which the consumer can use his right of withdrawal;
- Consumer: the natural person who does not act in the exercise of profession or business and an agreement concluded by the entrepreneur;
- Day: calendar day;
- Duration transaction: a distance agreement with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;
- Sustainable data carrier: Each means that enables the consumer or entrepreneur to store information that is personally focused on him in a manner that allows future consultation and unaltered reproduction of the stored information.
- Right of withdrawal: the possibility for the consumer to refrain from remotely to be seen within the reflection time;
- Entrepreneur: the natural or legal person who offers products and / or remote services to consumers;
- Remote agreement: an agreement whereby in the context of a remote sale of products and / or services organized by the entrepreneur, to the conclusion of the agreement, is made exclusively of one or more remote communication techniques;
- Technology for remote communication: Resource that can be used to conclude an agreement, without consumer and entrepreneur simultaneously met in the same room.
- Terms and Conditions: The present general terms and conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
These general terms and conditions apply to any offer of the entrepreneur and at a distance agreement and orders between entrepreneur and consumer.
Before the remote agreement is concluded, the text of these general terms and conditions is made available to consumers. If this is reasonably not possible, before the remote agreement is concluded, it will be stated that the general terms and conditions of the entrepreneur can be viewed and they will be sent free of charge at the request of the consumer.
If the remote agreement is closed electronically, it is possible to deviate from the previous paragraph and before the remote agreement, the text of these General Terms and Conditions by electronic means to the consumer are made in such a way that it is assumed by the consumer A simple way can be stored on a sustainable data carrier. If this is reasonably not possible, before the remote agreement is concluded, it will be stated where of the general terms and conditions can be taken electronically and that they will be sent electronically or in other ways at the request of the consumer.
In the event that specific product or service conditions also apply, in addition to these general terms and conditions, the second and third paragraph of corresponding application and consumers can always rely on the appropriate provision in the event of conflicting general terms and conditions that are most favorable for him is.
If one or more provisions in these General Terms and Conditions at any time are wholly or partially destroyed at any time, the agreement and these conditions for the remainder remains and the relevant provision will be replaced without delay by a provision that the scope approached from the original as much as possible.
Situations that are not regulated in these general terms and conditions must be assessed 'to the Spirit' of these General Terms and Conditions.
Ambalculation on the explanation or content of one or more provisions of our conditions must be explained 'to the Spirit' of these General Terms and Conditions.
Article 4 - The offer
If an offer has a limited validity period or is subject to conditions, this is explicitly stated in the supply.
The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to make a good assessment of the offer by consumers possible. If the entrepreneur uses images, these are a truthful representation of the products and / or services offered. Apparent errors or apparent errors in the range do not bind the entrepreneur.
All images, specifications Data in the offer are indication and cannot be a reason for compensation or termination of the agreement.
Images of products are a truthful representation of the products offered. Entrepreneur cannot guarantee that the colors shown exactly match the real colors of the products.
Each offer contains such information that is clear to the consumer what the rights and obligations are attached to the acceptance of the offer. This in particular concerns:
- The price including taxes;
- the possible costs of shipment;
- The way in which the agreement will be established and what acts are necessary for this;
- whether or not to apply of the right of withdrawal;
- the method of payment, delivery and implementation of the agreement;
- The deadline for acceptance of the offer, or the period within which the entrepreneur guarantees the prize;
- the amount of the remote communication rate if the costs of using the engineering technique are calculated remotely to a basis other than the regular basic rate for the means used;
- whether the agreement is archived after the creation and, if so, to consult it for consumers;
- the way in which the consumer, for the conclusion of the agreement, can check the data provided by it under the Agreement and, if desired;
- any other languages in which, in addition to Dutch, the agreement can be concluded;
- the codes of conduct to which the entrepreneur has been subjected and the manner in which the consumer can consult these codes of conduct electronically; and
- The minimum duration of the remote agreement in the event of a duration transaction.
- Optional: Available sizes, colors, materials.
Article 5 - The agreement
The Agreement shall, subject to the provisions of paragraph 4, established at the time of acceptance by the consumer of the supply and complying with the conditions laid down.
If the consumer has accepted the supply by electronic means, the entrepreneur immediately confirms the receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can decompose the agreement.
If the agreement is established electronically, the entrepreneur finds appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will respect appropriate safety measures to this.
The entrepreneur can inform himself - within legal frameworks - whether the consumer can meet his payment obligations, as well as all of those facts and factors that are important for a renewable distance agreement. On the basis of this investigation, if the entrepreneur has good grounds to not enter into the agreement, it is entitled to refuse an order or request or to attach special conditions to implementation.
The entrepreneur will provide the following information in the product or service to the consumer in writing or in such a way that it can be stored in a sustainable data carrier by the consumer in an accessible manner:
- the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
- The conditions under which the rights in which the Consumer can make use of the right of withdrawal or a clear report on being excluded from the right of withdrawal;
- the information about guarantees and existing service after purchase;
- The data included in Article 4 paragraph 3 of these Terms and Conditions, unless the entrepreneur has already provided this information to the consumer before the implementation of the agreement;
- The requirements for cancellation of the agreement if the agreement has a duration of more than one year or is of an indefinite period.
In the event of a duration transaction, the provision in the previous paragraph only applies to first delivery.
Every agreement is entered into under the suspensive conditions of sufficient availability of the products in question.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This concerns about the day after receiving the product is submitted by the consumer or a pre-known representative known to the entrepreneur by the consumer.
During the reflection time, consumers will handle the product and packaging carefully. He will only unpack or use the product to the extent that it is necessary to be able to assess whether he wishes to preserve the product. If he uses his right of withdrawal, he will return the product with all supplied 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.
When consumers wish to make use of its right of withdrawal, it is obliged to make this known to the entrepreneur within 14 days, upon receipt of the product. Making it consumable must do the consumer through a written message / e-mail. After the consumer has known to want to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in a timely manner, for example through proof of shipment.
If, after the time limits referred to in paragraphs 2 and 3, the Customer did not want to make use of his right of withdrawal resp. The product has not returned to the entrepreneur, buy a fact.
Article 7 - Costs in the event of a revocation
If the consumer uses his right of withdrawal, the costs for returning the consumer account are.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after cancellation. Here, the condition that the product has already been received by the web retailer or conclusive proof of complete return can be submitted.
Article 8 - Exclusion of the right of withdrawal
The entrepreneur may exclude the right of withdrawal of the consumer for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur clearly stated this in the supply, at least timely to the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
- established by the entrepreneur in accordance with consumer specifications;
- which are clearly personal in nature;
- which cannot be returned by their nature;
- who can spoil or aging quickly;
- whose price is bound to fluctuations on the financial market to which the entrepreneur has no influence;
- For loose newspapers and magazines;
- For audio and video recordings and computer software whose consumer has broken the seal.
- For hygienic products whose consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
- concerning accommodation, transport, restaurant or leisure activities to perform at a certain date or during a certain period;
- whose delivery with the express consent approval has begun before the reflection time has expired;
- concerning bets and lotteries.
Article 9 - The price
During the validity period specified in the offer, the prices of the products and / or services offered are not increased, subject to price changes due to changes in VAT rates.
By way of derogation from the previous paragraph, the entrepreneur can offer products or services whose prices are bound to fluctuations on the financial market and where the entrepreneur does not affect variable prices. This bondage to fluctuations and the fact that any stated prices are target prices are stated in the supply.
Price increases within 3 months of 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 are only permitted if the entrepreneur has this stipulated and:
- these are the result of legal regulations or provisions; or
- The consumer the authority has to cancel the agreement with effect from the day on which the price increase starts.
The prices mentioned in the range of products or services include VAT.
All prices are subject to pressure and eating errors. No liability is accepted for the consequences of pressure and putting errors. With pressure and putting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10 - Conformity and guarantee
The entrepreneur states that the products and / or services meet the agreement, the specifications mentioned in the offer, to the reasonable requirements of reliability and / or usability and the legal provisions and legal provisions on the date of the conclusion of the agreement / or Government regulations. If agreed, the entrepreneur also states that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer can apply to the entrepreneur under the Agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur within 14 days after delivery. Return to the products should be done in the original packaging and in new condition.
The guarantee period of the entrepreneur corresponds to the factory guarantee period. However, the entrepreneur is not responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
The consumer has repaired and / or edited the products delivered or has been repaired by third parties;
The products supplied to abnormal conditions are exposed or otherwise treated carelessly or contrary to the instructions of the entrepreneur and / or the packaging are treated;
The defendence is completely or partially the result of regulations that the government has set or will set with regard to the nature or quality of the materials applied.
Article 11 - Delivery and implementation
The entrepreneur will comply with the greatest possible care when receiving and in the performance of orders of products.
As a place of delivery, the address applies that the consumer has made known to the company.
With due observance of what is stated in Article 4 of these General Terms and Conditions, the company will perform accepted orders with a competent emergency but no later than 30 days, unless consumers agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed only or only partially, the consumer will receive this no later than 30 days after he has placed the order message. In that case, the consumer has the right to terminate the agreement without costs and the right to any compensation.
In the event of dissolution in accordance with the previous member, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than within 14 days after decomposition.
If delivery of an ordered product appears to be impossible, the entrepreneur will endeavor to make a replacement item available. At the latest when delivery will be reported in a clear and comprehensible manner that a replacement item is supplied. For replacement items right of withdrawal can not be excluded. The costs of a possible return shipment are borne by the entrepreneur.
The risk of damage and / or loss of products is based on the entrepreneur until the moment of delivery to the consumer or a pre-appointed representative known to the entrepreneur, unless explicitly agreed otherwise.
Article 12 - Duration transactions: duration, cancellation and extension
The consumer can agree an agreement that has been entered into an indefinite period and that regulates the arranged delivery of products (including electricity) or services, at any time with due observance of agreed cancellation rules and a notice period of no more than one month.
The consumer cancel an agreement that has been entered into for a fixed time and which stretches to the arranged delivery of products (including electricity) or services, at any time at the end of the limited duration, at the end of the limited duration, with due observance of agreed cancellation rules and a cancellation period of ten Top one month.
The consumer can agree the agreements mentioned in the previous paragraphs:
- canceling at all times and not limited to cancellation at a specific time or in a certain period;
- at least cancel in the same way if they have been entered into by Him;
- Always cancel with the same cancellation period if the entrepreneur has stipulated for himself.
An agreement that has been entered into for a fixed time and which stretches to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a certain duration.
By way of derogation from the previous paragraph, an agreement that has been entered into for a fixed time and that stretches to the regular delivery of day news and weekly newspapers and magazines are tacitly extended for a certain duration of up to three months, as the consumer against this extended agreement The end of the extension can cancel with a notice period of no more than one month.
An agreement that has been entered into for a limited period of time and that regulated delivery of products or services may only be tacitly extended for indefinitely expensively if the consumer may cancel at all times with a notice of notice of a maximum of one month and a notcheement period of at most. Three months in the event that the agreement stretches to arranged, but less than once a month, delivering day, news and weekly newspapers and magazines.
An agreement with a limited duration to the arranged to the acquisition of day, news and weekly newspapers and journals (trial or introductory subscription) is not tacitly continued and automatically ends after the test or introduction period.
If an agreement has a duration of more than a year, the consumer may cancel the agreement at any time after a year from a maximum of a month, unless the reasonableness and fairness oppose cancellation before the end of the agreed duration.
Article 13 - Payment
To the extent that it has not been agreed otherwise, the amounts owed by the consumer must be met within 7 working days after entering into the inventory period as referred to in Article 6 paragraph 1. In the event of an agreement to grant a service, this period captures this period After the consumer has received the confirmation of the agreement.
The consumer has the obligation to report inaccuracies in the entrepreneur to the entrepreneur without delay immediately.
In the event of a consumer's default, the entrepreneur has subject to legal restrictions, the right to charge the reasonable costs known to the consumer in advance.
Article 14 - Complaints procedure
Complaints about the implementation of the agreement must be fully and clearly defined within 7 days to the entrepreneur after the consumer has found the defects.
Complaints submitted to the entrepreneur are recognized within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur responds within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved in mutual consultation, a dispute that is susceptible to the dispute settlement.
A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will replace or repair the products delivered to its choice or the delivered products.
Article 15 - Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. Even if the consumer lives abroad.