Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur in case of withdrawal
Article 10 - Exclusion of right of withdrawal
Article 11 - Price
Article 12 - Compliance and Warranty extension
Article 13 - Delivery and implementation
Article 14 - Duration Trades: duration, termination and renewal
Article 15 - Payment
Article 16 - Complaints
Article 17 - Disputes
Article 18 - Additional or different terms
Article 1 - Definitions
In these terms and conditions shall apply:
- Supplementary agreementMeans an agreement whereby the consumer products, digital content and / or services acquired in connection with a distance contract and these goods, digital content and / or services are provided by the trader or by a third party on the basis of an arrangement between that third and the entrepreneur;
- Reflection time: The period within which the consumer can exercise his right of withdrawal;
- Consumerthe natural person who does not act for purposes related to his trade, business, craft or profession;
- Day: Calendar;
- Digital Content: Data generated in digital form and are supplied;
- Consultancy Agreement: An agreement that involves the regular delivery of goods, services and / or digital content for a certain period;
- Durable medium: any device - including e-mail - that enables the consumer or trader to store information that is addressed to him personally in a way that future consultation or use for a period that is tailored to the purpose for which the information is intended and which allows unaltered reproduction of the stored information;
- Right of withdrawal: The ability of the consumer to waive the distance contract within the cooling-off period;
- Entrepreneur: the natural or legal person that offers products, (access to) digital content and / or services to consumers at a distance;
- Distance contractMeans an agreement concluded under an organized distance sales of goods, digital content and / or services, which are exclusively or partly used until the conclusion of the agreement between the trader and a consumer or more means of distance communication;
- Model withdrawal form: the European model form for withdrawal included in Appendix I of these conditions. Annex I does not have to be made available if the consumer has no right of withdrawal in respect of his order;
- Technology for distance communication: Means that can be used to conclude a contract, without the consumer and trader need to be met in the same room.
Article 2 - Identity of the entrepreneurN. van Dijk
Telephone number: + 31 6 13190315 (Mon to Fri: 09: 00 - 17: 00)
Email address: customer firstname.lastname@example.org
Chamber of Commerce: 71461868
If the entrepreneur's activity is subject to a relevant licensing system: the data about the supervisory authority.
If the entrepreneur exercises a regulated profession:
- the professional association or organization to which it is affiliated;
- the professional title, the place in the EU or the European Economic Area where it is awarded;
- a reference to the professional rules applicable in the Netherlands and instructions where and how these professional rules can be accessed.
Article 3 - Applicability
- These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance between businesses and consumers.
- Before the remote agreement is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur shall, before the contract is concluded remotely, indicate the manner in which the terms and conditions of the entrepreneur are identified and that they are sent free of charge at the request of the consumer as soon as possible.
- If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions are set in such a way that the consumer in the consumer made available electronically a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, indicated where the general conditions may be taken and that they electronically or otherwise will be sent free of charge. Request of the consumer electronically
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting conditions, the consumer can invoke the applicable provision that is most favorable to him. .
Article 10.2 - The offer
- If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products, digital content and / or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and / or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- Each offer contains such information that is clear to the consumer what rights and obligations are attached. To the acceptance of the offer
Article 5 - The contract
- The agreement is subject to the provisions of paragraph 4, established at the time the consumer accepts the offer and meet the corresponding conditions.
- If the consumer has accepted the offer by electronic means, the entrepreneur immediately confirms receipt of acceptance of the offer by electronic means. As long as the acceptance of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
- If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the trader will take suitable security measures.
- The entrepreneur can - within the law - inform himself if the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a sound conclusion of the distance agreement. If on the basis of this investigation the entrepreneur 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 implementation.
- The entrepreneur shall forward the following information, in writing or in such a way as to be accessible by the consumer in an accessible manner to a sustainable data carrier, at the latest upon delivery of the product, service or digital content to the consumer:
- The visiting address of the entrepreneur's establishment where the consumer is entitled to complaints;
- The conditions under which and the manner in which the consumer may use the right of withdrawal or a clear notification of the exclusion of the right of withdrawal;
- The information about guarantees and existing post-purchase service;
- the price including all taxes on the product, service or digital content; where applicable, the cost of delivery; and the manner of payment, delivery or execution of the remote agreement;
- The terms for termination of the agreement if the agreement lasts for more than one year or indefinite duration is;
- If the consumer has a right of withdrawal, the model form for revocation.
- In the event of an overdraft transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
- The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving any reason. The trader may ask the consumer about the reason for the withdrawal, but not to oblige him to state his reason (s).
- The term referred to in paragraph 1 shall commence on the day after the consumer, or a third party designated by the consumer, who is not the carrier, received the product, or:
- if the consumer has ordered multiple products in the same order: the day the consumer, or a third party designated by him, has received the last product. The entrepreneur may, if he has informed the consumer clearly in advance of the ordering process, refuse an order of multiple products with a different delivery time.
- if the delivery of a product consists of different consignments or parts: the date on which the consumer, or a third party designated by him, received the last consignment or the last item;
- in contracts for regular delivery of goods during a certain period, the day on which the consumer or a third party designated by him, has received the first product.
For services and digital content which is not supplied on a tangible medium:
- The consumer may dissolve a service agreement and a non-material delivery delivery agreement for at least 14 days without redeeming reasons. The entrepreneur may ask the consumer for the reason for revocation, but do not oblige them to state their reasons.
- The term referred to in paragraph 3 shall enter into the day following the conclusion of the agreement.
Extended reflection for products, services and digital content which is not supplied with no information on withdrawal on a tangible medium:
- If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling-off period will expire twelve months after the end of the original cooling-off period as determined in accordance with the previous paragraphs of this article.
- If the entrepreneur has provided the consumer with the information referred to in the preceding paragraph within twelve months after the date of commencement of the original appraisal, the term of office expires 14 days after the date on which the consumer has received that information.
Article 10.2 - Obligations of the consumer during the cooling-off period
- During the bedtime, the consumer will carefully handle the product and the packaging. He will only extract or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point here is that the consumer can only handle and inspect the product as he should do in a store.
- The consumer is solely responsible for impairment of the product resulting from a way of dealing with the product beyond that permitted by paragraph 1.
- The consumer is not liable for impairment of the product if the entrepreneur has not provided him with all statutory mandatory information on the right of withdrawal before or upon the conclusion of the agreement.
Article 10.2 - Exercising the right of withdrawal by the consumer and costs thereof
- If the consumer makes use of his right of withdrawal, he will notify the entrepreneur within the cooling-off period by means of the model withdrawal form or otherwise unambiguously.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer sends the product back, or hands it over to (an authorized representative) of the entrepreneur. This does not have to be taken if the entrepreneur has offered the product itself. In any case, the consumer has complied with the return period when returning the product before the time has expired.
- The consumer will return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and burden of proof for the right and timely exercise of the right of withdrawal lies with the consumer.
- The consumer carries the direct cost of returning the product. If the entrepreneur has not reported that the consumer has to bear these costs or if the entrepreneur decides to bear the costs himself, the consumer does not have to bear the cost of returning.
- If the consumer rescinds after having explicitly requested that the provision of the service or the supply of gas, water or electricity that are not ready for sale starts in a limited volume or quantity during the cooling-off period, the consumer is the entrepreneur amount that is proportional to that part of the obligation that the entrepreneur has fulfilled at the time of revocation, compared with the full fulfillment of the commitment.
- The consumer does not incur any costs for the execution of services or the supply of water, gas or electricity, which have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
- the entrepreneur has not provided the consumer with statutory information on the right of withdrawal, the cost reimbursement or the revocation model form, or;
- the consumer did not explicitly request the start of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.
- The consumer is not responsible for the full or partial delivery of non-material digital content, provided that:
- prior to delivery, he has not explicitly agreed to commence compliance with the agreement before the end of the reflection period;
- he has not acknowledged that he has lost his right of withdrawal when giving his permission; or
- the entrepreneur has failed to confirm this statement from the consumer.
- If the consumer makes use of his right of withdrawal, all additional agreements are terminated by law.
Article 9 - Obligations of the trader in case of withdrawal
- If the vendor makes the notification possible by electronic means, the vendor will send a receipt of receipt immediately upon receipt of this notification.
- The trader will reimburse all payments from the consumer, including any delivery costs charged by the trader for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to pay back until he has received the product or until the consumer demonstrates that he has returned the product, whichever comes first.
- The entrepreneur uses the same means of payment used by the consumer for repayment unless the consumer agrees with another method. The refund is free for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
Article 10.2 - Exclusion of right of withdrawal
The entrepreneur can the following products and services exclude the right of withdrawal, but only if the Entrepreneur indicated this clearly in the offer, at least in time for the conclusion of the agreement, stated:
- Products or services whose price is subject to fluctuations in the financial market on which the entrepreneur has no influence and which can occur within the withdrawal period;
- Agreements that are concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content and / or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and / or services;
- Service contracts, after full execution of the service, but only if:
- implementation has begun with explicit prior consent of the consumer; and
- the consumer has stated that he loses his right of withdrawal once the entrepreneur has fully executed the agreement;
- Package travel as referred to in article 7: 500 BW and passenger transport agreements;
- Service agreements for the provision of accommodation, provided for in the agreement, a certain date or period of implementation and other than for residential purposes, freight transport, car rental services and catering;
- Agreements relating to leisure activities provided for in the agreement for a certain date or period of implementation thereof;
- Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed products which for reasons of health protection or hygiene are not suitable to be returned and of which the seal has been broken after delivery;
- Products which, by their nature, are irrevocably mixed with other products;
- Alcoholic drinks of which the price has been agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations of the market on which the entrepreneur has no influence;
- Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
- Newspapers, magazines or magazines, with the exception of subscriptions to this;
- The delivery of digital content other than on a tangible medium, but only if:
- implementation has begun with explicit prior consent of the consumer; and
- The consumer has declared that he loses his right of withdrawal.
Article 10.2 - The price
- During the period of validity of the offer, the prices of the products and / or services offered will not be increased, except for price changes due to changes in VAT rates.
- Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, with variable prices. These fluctuations and the fact that any price targets, are stated in the offer.
- Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
- Price increases 3 months after the conclusion of the contract are only permitted if the trader has agreed to this and:
- they are the result of legislation or regulations; whether
- The consumer has the power to cancel the agreement as of the date of the price increase.
- The prices mentioned in the offer of products or services include VAT.
Article 10.2 - Compliance agreement and additional warranty
- The entrepreneur ensures that the products and / or services comply with the agreement, the specifications specified, the reasonable requirements of validity and / or usability and the statutory provisions existing on the date of the conclusion of the agreement and / Or government regulations. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
- A supplementary guarantee provided by the entrepreneur, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer may under the agreement apply to the entrepreneur if the entrepreneur is flawed in compliance with his part of the agreement.
- Supplementary Warranty is understood to mean any commitment of the entrepreneur, its supplier, importer or producer in which it grants to the consumer certain rights or claims that go beyond what is legally obligatory in the event of failure to comply with his part of the agreement .
Article 10.2 - Delivery and implementation
- The entrepeneur 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 notified to the entrepreneur.
- Subject to the provisions of Article 4 of these Terms and Conditions, the Entrepreneur will execute accepted orders at an expeditious speed, but not later than 30 days, unless another delivery date has been agreed. If delivery is delayed or if an order can not be executed or only partially, the consumer will receive it by 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without charge and the right to any compensation.
- After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
- The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a predetermined representative and known to the entrepreneur, unless explicitly agreed otherwise.
Article 10.2 - Duration transactions: duration, cancellation and extension
- The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
- The consumer can terminate an agreement that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the stipulated term, with due observance of the agreed cancellation rules and a notice period of at least highest one month.
- The consumer can agree the agreements mentioned in the previous paragraphs:
- Terminate at all times and not be restricted to termination at a particular time or in a certain period;
- At least terminate in the same manner as they have been incurred by him;
- Always terminate with the same notice period as the entrepreneur has undertaken for himself.
- A contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a fixed term.
- By way of derogation from the previous paragraph, a fixed-term agreement which provides for the regular delivery of daily newspapers and magazines and magazines may be tacitly extended for a period of up to three months if the consumer agrees to this extended agreement terminate the end of the renewal with a notice period of no more than one month.
- An agreement entered into for a limited period of time, which involves the regular delivery of products or services may only be extended for an indefinite period of time if the consumer can terminate at any time with a notice period of no more than one month. The notice period is no more than three months in the event of the agreement being arranged but less than once a month, delivery of daily, news and weekly newspapers and magazines.
- A contract of limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
- If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time with a notice period of no more than one month, unless the reasonableness and fairness oppose cancellation before the end of the agreed term.
Article 10.2 - Payment
- Unless otherwise specified in the agreement or additional terms, the amounts owed by the consumer must be paid within 14 days after commencement of the business term, or in the absence of a notice within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this term will commence on the day after the consumer has received the confirmation of the agreement.
- For the sale of consumer products, the consumer must never be obliged to prepay more than 50% in general terms. When prepayment is made, the consumer can not make any right regarding the execution of the relevant order or service (s) before the prepaid payment has taken place.
- The consumer has the duty to report. Inaccuracies in data supplied or specified payment immediately to the operator
- If the consumer fails to meet his payment obligation (s) in good time, after having been informed by the vendor of late payment and the vendor has given the consumer a period of 14 days to meet his payment obligations, Failure to pay within this 14-day term, the amount owed is due to the statutory interest and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. This collection fee is up to: 15% on outstanding amounts to € 2.500, =; 10% over the next € 2.500, = and 5% over the next € 5.000, = with a minimum of € 40, =. The entrepreneur may deviate from the amounts and percentages for the benefit of the consumer.
Article 10.2 - Complaints regulation
- The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
- Complaints about the performance of the agreement must be submitted fully and clearly to the entrepreneur within a reasonable time after the consumer has identified the defects.
- Complaints submitted to the trader will be answered from the date of receipt. Within 14 days If a complaint is a foreseeable longer processing time, within the period of the 14 days responded with an acknowledgment of receipt and indicating when the consumer can expect. A more detailed answer
- The consumer must give the entrepreneur at least 4 weeks the time to resolve the complaint in mutual consultation. After this period, a dispute arises that is susceptible to the dispute resolution.
Article 10.2 - Disputes
- Contracts between the entrepreneur and the consumer covered by these terms and conditions shall be governed by Dutch law.
Article 10.2 - Additional or deviating provisions
Additional or different provisions of these terms may not be to the detriment of the consumer and should be recorded or in such a way that they can be stored on a durable medium. Consumers in an accessible manner