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 context of a system organized by the entrepreneur for the distance selling of products and / or services, up to and including the conclusion of the agreement only one or more communication techniques are used on distance.
- Technique for distance communication: means that can be used for concluding an agreement, without the consumer and trader being in the same place at the same time;
- Reflection time: the period within 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, the supply 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 makes future consultation and unaltered reproduction of the stored information possible.
Article 2 – Identity of the entrepreneur
1761 EC Anna Pauwlona
Telephone number: +31 (0) 223 74 60 10
E-mail address: email@example.com
Chamber of Commerce number: 71320180
Article 3 – Applicability
- These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract that has been established 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 indicated that the general terms and conditions can be viewed by the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
- If the distance contract is concluded electronically, by way of devation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumers can be easily stored 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 observed electronically and that they will be sent free of charge at the request of the consumer by electronic means or otherwise.
- In case 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 the consumer may in the event of conflicting general terms and conditions always invoke the applicable provision that most favorable.
Article 4 – The offer
- If an offer has a limited duration or 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 manner in which the contract will be concluded and which actions are necessary for this;
– whether or not to apply the right of withdrawal;
– 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 filed after the conclusion, how this can be consulted for the consumer;
– the way in which the consumer can obtain information about the undesirable actions he or she wishes to take before concluding the contract, as well as the way in which he can rectify these before the contract is concluded;
– the languages in which, in addition to Dutch, the contract 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 case of an agreement that extends to the continuous or periodic delivery of products or services.
Article 5 – The contract
- Subject to the provisions of paragraph 4, the agreement is 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 observe appropriate security measures.
- The entrepreneur can – within legal context – 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, motivated or to attach special conditions to the execution.
- With the product or service the entrepreneur will send 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:
- the visiting address of the business location of the trader where the consumer can go with complaints;
- 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;
- the information about existing service after purchase and guarantees;
- the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer for the execution of the agreement;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
- If the entrepreneur has committed himself to supplying a series of products or services, the provision in the previous paragraph only applies to the first delivery.
Article 6a – Right of withdrawal upon delivery of products
- When purchasing products, the consumer has the option to terminate the contract without giving any reason within fourteen working days. This period starts on the day after receipt of the product by or on behalf of the consumer. You also have another fourteen days to return the product to us.
- 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
- When providing services, the consumer has the option to terminate the contract without giving any reason within fourteen working days, starting on the day of the conclusion of the agreement. You also have another fourteen days to return the product to us. The products must be unused and in original packaging.
- 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 case of withdrawal
- If the consumer make us of his right of withdrawal, the costs of returning the goods are at the most.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible but not later than fourteen days after the return or cancellation.
Article 8 – Exclusion of right of withdrawal
- If 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 contract.
- 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) that are clearly personal in nature;
- c) which by their nature can not be returned;
- d) that can decay or age quickly;
- e) the price of which is subject to fluctuations on 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) on accommodation, transport, restaurant or leisure activities to be carried out on a certain date or during a certain period;
- b) the delivery of which commenced with the express consent of the consumer before the reflection period has expired;
- c) concerning betting and lotteries.
Article 9 – The price
- During the period mentioned in the offer, the prices of the offered products and / or services will not be increased, except for price changes due to changes in VAT rates.
- Contrary to the previous paragraph, the entrepreneur can offer products or services whose 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 mentioned prices are target prices are mentioned 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 the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
- a) they are the result of legal regulations or provisions; or
- b) the consumer has the authority to terminate the contract by the day on which the price increase takes effect.
- The prices mentioned 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 legal rights existing on the date of the conclusion of the agreement. 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 assert to the entrepreneur in respect of a shortcoming in the fulfillment of the obligations of the entrepreneur by virtue of the law and / or the distance contract.
Article 11 – Delivery and effectuation
- The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address 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 accepted orders expeditiously but no later than 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 terminate the contract without any costs.
- In case 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 termination.
- 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 is up to the moment of delivery to the consumer at the entrepreneur, unless expressly agreed otherwise.
Article 12 – Duration transactions
- The consumer can at any time terminate an agreement that has been concluded for an indefinite period with due observance of the agreed cancellation rules and a notice period of up to one month.
- A contract that has been entered into for a definite period has a maximum term of two years. If it has been agreed that the distance contract will be extended in the event of the consumer’s silence, 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 not later agreed, 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 issuance of this agreement concerning documents .
- When selling products to consumers, a prepayment of more than 50% may 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 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 details to the entrepreneur without delay.
- In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer beforehand.
Article 14 – Complaints procedure
- The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the execution of the contract 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 provisions or deviating from these 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.