TERMS AND CONDITIONS

Article 1 - Definitions

 

In these conditions the following definitions apply:

 

Reflection period: the period within which the consumer can exercise his right of withdrawal;

 

Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur

 

Day: calendar day;

 

Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which 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 enables future consultation and unchanged reproduction of the stored information.

 

Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;

 

Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;

Distance agreement: an agreement in which, within the framework of a system organized by the entrepreneur for the distance sale of goods and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement.

 

technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being in the same room at the same time

 

General Terms and Conditions: the present general terms and conditions of the entrepreneur.



Article 2 - Identity of the entrepreneur

  

**Company Information**

 

Article 3 - Applicability

 

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

 

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be stated that the general terms and conditions can be inspected at the trader and that they will be sent to him free of charge as soon as possible at the consumer's request.

 

Notwithstanding the previous paragraph, if the distance contract is concluded electronically, the text of these general terms and conditions will be made available to the consumer in electronic form before the conclusion of the distance contract in such a way that it can be read by the consumer in a can easily be stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.

 

If, in addition to these general terms and conditions, special product or service terms and conditions also apply, paragraphs 2 and 3 apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always rely on the provision most favorable to him.

 

If one or more provisions of these General Terms and Conditions are at any time wholly or partially null and void or are annulled, the remainder of the agreement and these General Terms and Conditions will remain in force and the provision in question will be replaced without delay, in mutual consultation, by a provision that comes as close as possible to the scope of the original provision.

 

Situations not covered by these Terms and Conditions must be assessed "in the spirit" of these Terms and Conditions.

 

Any ambiguities regarding the interpretation or content of one or more provisions of our General Terms and Conditions must be interpreted "in the spirit" of these General Terms and Conditions.



Article 4 - The offer

 

If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.

 

The offer is subject to change. The entrepreneur has the right to change and adapt the offer.

 

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to correctly assess the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

 

All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.

 

The images of the Products are a faithful representation of the Products offered. The Company cannot guarantee that the colors depicted will exactly match the actual colors of the Products.

 

Each offer contains information from which the consumer can determine what rights and obligations are associated with acceptance of the offer. This concerns in particular:

 

the price, with the exception of customs clearance costs and import VAT. These additional costs are at the expense and risk of the customer. The postal and/or courier service uses the special regulation for postal and courier services upon import. This regulation applies if the goods are imported into the EU country of destination, which is the case here. The postal and/or courier company collects the VAT (also in connection with customs clearance costs) from the recipient of the goods;

 

the costs of shipping, if applicable;

 

the manner in which the agreement should be concluded and the actions necessary for its conclusion;

 

whether or not the right of withdrawal applies;

the method of payment, delivery and execution of the agreement;

 

the period for acceptance of the offer or the period within which the trader guarantees the price;

 

the amount of the rate for distance communication, if the costs of using the technology for distance communication are calculated on a basis other than the normal basic rate for the communication technology used;

 

whether the agreement is archived after its conclusion and, if so, how it can be consulted by the consumer;

 

the manner in which the consumer, before concluding the agreement, can check and, if desired, correct the information provided by him in the context of the agreement;

 

all languages ​​other than Dutch in which the agreement can be concluded;

 

the codes of conduct to which the trader is subject and the manner in which the consumer can consult those codes of conduct electronically; and

 

The minimum duration of the distance contract in the event of a longer transaction.

 

Optional: available sizes, colors, material types.

 

 

Article 5 - The agreement

 

The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set.

 

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may terminate the agreement.

 

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and to ensure a safe web environment. If the consumer can pay electronically, the trader will take appropriate security measures.

 

The trader can - within the legal framework - obtain information about whether the consumer is able to meet his payment obligations and about all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the trader 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 trader shall provide the consumer with the following information, together with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

 

  1. the address of the trader's registered office where the consumer can submit complaints;

 

  1. the conditions under which and the manner in which the consumer can exercise his right of withdrawal, or a clear statement of the exclusion of the right of withdrawal;

 

  1. the information about warranties and the existing after-sales service;

 

  1. the information referred to in Article 4(3) of these conditions, unless the trader has already provided this information to the consumer before the performance of the contract;

 

  1. the conditions for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.

 

In the case of a forward agreement, the provisions of the previous paragraph only apply to the first delivery.

 

Each agreement is concluded under the suspensive condition of sufficient availability of the products concerned.

 

Article 6 - Right of withdrawal


When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 14 days. This reflection period starts on the day after the consumer or a representative designated in advance by the consumer and the trader has received the product.

 

During the cooling-off period, the consumer will 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 exercises his right of withdrawal, he will return the product with all accessories supplied and, to the extent reasonable, in the original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.

 

If the consumer wishes to exercise his right of withdrawal, he must inform the entrepreneur within 14 days of receipt of the product. The consumer must do this in the form of a written notification/email. After the consumer has communicated that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered product was returned on time, e.g. by proof of shipment.

 

If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the trader, the purchase is complete.

Article 7 - Costs in case of withdrawal


If the consumer exercises his right of withdrawal, the costs of returning the goods will be borne by the consumer.

 

If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than within 14 days after the withdrawal. The condition is that the goods have already arrived at the trader or that conclusive proof of the complete return can be provided.


Article 8 - Exclusion of the right of withdrawal


The trader may exclude the consumer from the right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement.

 

The exclusion of the right of withdrawal is only possible for products

 

  1. created by the trader in accordance with the consumer's specifications

 

  1. that are clearly personal in nature

 

  1. which by their nature cannot be returned, or

 

  1. that spoil or age quickly;

 

  1. the price of which is subject to fluctuations in the financial market over which the trader has no influence;

 

  1. for individual newspapers and magazines;

 

  1. for audio and video recordings and computer software of which the seal has been broken by the consumer; and

 

  1. for hygiene items of which the consumer has broken the seal.

 

The exclusion of the right of withdrawal is only possible for services:

 

1. relating to accommodation, transport, hospitality or leisure activities to be provided on a certain date or during a certain period;

 

  1. the delivery of which, with the express consent of the consumer, has started before the expiry of the cooling-off period

 

  1. on betting and lotteries.

    Article 9 - The price

    During the period of validity stated in the offer, the prices of the products and/or services offered cannot be increased, except for price changes as a result of changes in VAT rates.

 

Notwithstanding the previous paragraph, the trader may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market over which he has no influence. This connection with fluctuations and the fact that the prices stated are recommended prices is stated in the offer.

 

Price increases within 3 months after concluding 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 are only permitted if the entrepreneur has agreed to this and:

 

  1. they arise from legal provisions or regulations, or

 

  1. the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.

 

According to Article 5(1) of the VAT Act 1968, the place of supply is the country where transport commences. In that case, delivery will take place outside the EU. Accordingly, the postal or courier company will collect the import VAT and/or customs clearance costs from the customer. Therefore, the entrepreneur will not charge VAT.

 

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at an incorrect price.

Article 10 - Compliance and Warranty


The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and /or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

 

A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the trader under the agreement.

 

Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days of delivery. The products must be returned in the original packaging and in new condition.

 

The warranty period of the Entrepreneur corresponds to the warranty period of the Manufacturer. However, the entrepreneur is never responsible for the ultimate 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 adjusted the delivered products himself or had them repaired and/or adjusted by a third party;

 

The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the entrepreneur's instructions and/or have been treated on the packaging;

 

The defect is wholly or partly due to regulations that the state has issued or will issue with regard to the type or quality of the materials used.


Article 11 - Delivery and execution


The entrepreneur will exercise the utmost care when receiving and executing orders for products.

 

The place of delivery is the address that the consumer has communicated to the entrepreneur.

 

Taking into account what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement free of charge and is entitled to any 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 within 14 days after dissolution.

 

If it is not possible to deliver an ordered product, the entrepreneur will make every effort to make a replacement item available. No later than upon delivery, it must be stated in a clear and understandable manner that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of 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.

Article 12 - Continuation of work: duration, termination and extension


Schedule


The consumer can terminate the agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, taking into account the agreed cancellation rules and a notice period of no more than one month.

 

The consumer can terminate an agreement that has been entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed duration, taking into account the agreed cancellation rules and a notice period of at least maximum one month.

 

The consumer can cancel the agreements referred to in the previous paragraphs

 

to terminate it at any time and not just at a certain time or during a certain period

 

at least end them in the same way they were ended by him

 

always cancel with the same notice period as the trader has set for himself.


Expansion


An agreement that has been concluded for a specific period and relates to the regular supply of goods (including electricity) or services cannot be tacitly extended or renewed for a specific period.

 

Notwithstanding the previous paragraph, a fixed-term agreement for the periodic provision of daily and weekly newspapers and magazines can be tacitly extended for a fixed period of no more than three months, if the consumer has the right to terminate the extended agreement at the end of the term. to cancel the extension period, taking into account a notice period of no more than one month.

 

A fixed-term agreement regarding the regular delivery of goods or the provision of services can only be tacitly extended for an indefinite period if the consumer has the option to terminate the agreement at any time with due observance of a notice period of no more than one month, which is stated in case of an agreement for the regular supply of daily and weekly newspapers or magazines, but less than once a month, may not exceed three months.

 

A temporary contract for the regular delivery of daily and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.


Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate against termination before the end of the agreed duration. to postpone.


Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer will be paid within 7 working days after the start of the cooling-off period referred to in Article 6(1). In the case of an agreement regarding the provision of a service, this period starts after the consumer has received confirmation of the agreement.

 

The consumer has the obligation to report inaccuracies in the information provided or the payment indicated to the operator without delay.

 

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer all reasonable costs that have been communicated to him in advance.


Article 14 - Complaints


Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.

 

Complaints submitted to the trader will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

 

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

 

A complaint does not suspend the obligations of the trader, unless the trader indicates otherwise in writing.

 

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his option, replace or repair the delivered products free of charge.


Article 15 - Disputes


Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad.