Terms And Conditions
Table of Contents:
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The Agreement
Article 6 – Right of revocation
Article 7 – Costs in case of revocation
Article 8 – Exclusion of right of withdrawal
Article 9 – The price
Article 10 – Conformity and guarantee
Article 11 – Delivery and execution
Article 12 – Duration transactions: duration, termination and renewal
Article 13 – Payment
Article 14 – Complaints system
Article 15 – Disputes
Article 16 – Additional or derogating provisions
Article 1 – Definitions
These conditions mean:
1. Reflection period: the period within which the consumer can exercise his right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of a profession or business and a enter into a distance agreement with the entrepreneur;
3. Day: calendar day;
4. Expensive transaction: a remote agreement regarding a range of products and / or services whose delivery and / or purchase obligation is spread over time;
5. Sustainable data carrier: any means that enables the consumer or entrepreneur to: store information addressed to him personally in a way that future allows consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to waive the distance agreement;
7. Entrepreneur: the natural or legal person who remotely products and / or services to offers consumers;
8. Remote agreement: an agreement in which in the context of a contractor by the contractor organized system for distance selling of products and / or services, up to and including the conclusion of the agreement only uses one or more techniques for remote communication;
9. Technique for remote communication: means that can be used to close an agreement, without the consumer and the entrepreneur being in the same room at the same time came together.
Article 2 – Entrepreneur Identity
Telephone number: 020 215 9300
Kvk Number: 88062279
VAT number: NL864491554B01
Slijterij Hoofdvestiging: Daalderweg 12,1507 DT Zaandam
If the entrepreneur’s activity is subject to a relevant licensing system: the information on the supervisory authority:
If the entrepreneur pursues a regulated profession:
● the professional association or organization to which he is a member;
● the professional title, the place in the EU or the European Economic Area where it has been awarded;
● a reference to the professional rules applicable in the Netherlands and directions where and how these professional rules are accessible.
Article 3 – Applicability
1. These general conditions apply to each offer of the entrepreneur and to each concluded distance agreement between entrepreneur and consumer.
2. Before concluding the distance agreement, the text of this general conditions made available to the consumer. If this is not reasonably possible, before concluding the distance agreement, indicate that the general conditions at the entrepreneur can be seen and they at the request of the consumer as soon as possible may be sent free of charge.
3. If the distance agreement is electronically concluded, by way of derogation from the previous paragraph and before the distance agreement is concluded, the text of this general conditions are made available to the consumer by electronic means on in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance agreement is concluded, indicate where of the general conditions may be notified electronically and that, at the request of the consumer will be sent electronically or otherwise free of charge.
4. In the event that, in addition to these general conditions, specific product or terms of service apply, the second and third paragraphs of the corresponding application and the consumer can always in case of conflicting general conditions invoke the appropriate provision which is most favorable to him.
Article 4 – The offer
1. If an offer has a limited validity period or is conditional, this explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products offered and / or services. The description is sufficiently detailed to provide a proper assessment of the offer by the consumer. If the entrepreneur uses images are a true representation of the products offered and / or services. Apparent errors or obvious errors in the offer do not bind the entrepreneur.
3. Each offer shall contain such information that it is clear to the consumer what the rights and are obligations which are linked to the acceptance of the offer. This concerns in the special:
○ the price including taxes;
○ the possible cost of delivery;
○ the manner in which the agreement will be concluded and what actions will be required for it are;
○ whether or not the right of revocation applies;
○ the method of payment, delivery and execution of the agreement;
○ the deadline for acceptance of the offer, or the deadline within which the contractor the price guarantees;
○ the level of the tariff for remote communication if the cost of using the technology for remote communication is calculated on a different basis than the regular base rate for the means of communication used;
○ whether the agreement is archived after the conclusion, and if so in what way it can be consulted for the consumer;
○ the way in which the consumer, before concluding the contract, the can verify the information provided under the agreement and, if desired, herstellen;
○ any other languages in which, in addition to Dutch, the agreement can be closed;
○ the codes of conduct to which the entrepreneur has submitted and the manner in which the consumers can consult these codes of conduct electronically; and
○ the minimum duration of the distance contract in the event of a permanent transaction.
Article 5 – The Agreement
1. The Agreement shall, subject to the provisions of paragraph 4, be concluded at the time of: acceptance by the consumer of the offer and compliance with the conditions.
2. If the consumer has accepted the offer by electronic means, the entrepreneur shall immediately receive by electronic means the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer dissolve the agreement.
3. If the agreement is concluded electronically, the contractor shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure for a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate safety measures.
4. The entrepreneur can – within legal limits – inform himself or herself of the consumer can meet its payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If the entrepreneur on the ground of this investigation has good reasons for not entering into the agreement, he is entitled motivated to refuse an order or request or special conditions for execution to connect.
5. The entrepreneur will provide the following information to the product or service to the consumer, in writing or in such a way that it can be accessed by the consumer in an accessible way stored on a durable data carrier, send:
a. the visiting address of the entrepreneur’s establishment where the consumer complains can;
b. the conditions under which and the manner in which the consumer of the right of withdrawal can make use of, or a clear notice of the exclusion of the right of revocation;
c. the information about warranties and existing after-sales service;
d. the information included in Article 4 (3) of these conditions, unless the has already provided information to the consumer before the execution of the contract;
e. the requirements for termination of the agreement if the agreement has a duration of more than one year or of indefinite duration.
6. In the case of a costly transaction, the provision in the previous paragraph shall apply only to the first delivery.
Article 6 – Right of withdrawal
When delivering products:
1. When purchasing products, the consumer has the opportunity to enter into the agreement without statement of reasons to dissolve for 14 days. This reflection period starts on the day after receipt of the product by the consumer or a pre-designated by the consumer and notified to the entrepreneur.
2. During the reflection period, the consumer will handle the product and packaging carefully. He will unpack or use the product only to the extent necessary to be able to assess whether he wishes to retain the product. If he exercises his right of revocation he will make the product with all supplied accessories and – if reasonably possible – in the return original condition and packaging to the entrepreneur, in accordance with the entrepreneur’s provided reasonable and clear instructions.
When providing services:
3. When providing services, the consumer has the opportunity to enter into the agreement without specifying for at least fourteen days, beginning on the day of the entering into the agreement.
4. To exercise his right of withdrawal, the consumer will address the contractor in the offer and / or appearance at the time of delivery provided reasonable and clear
instructions.
Article 7 – Costs in case of revocation
1. If the consumer exercises his right of withdrawal, at most the costs of return for his account.
2. If the consumer has paid an amount, the entrepreneur will receive this amount as soon as possible , but refund within 30 days of return or cancellation.
Article 8 – Exclusion of right of withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal in so far as provided for in paragraph
1. The exclusion of the right of withdrawal shall apply only if the entrepreneur clearly states this in the offer, at least in time for concluding the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a. established by the contractor in accordance with specifications of the
consumer;
b. which are clearly personal in nature;
c. which by their nature cannot be returned;
d. which can quickly spoil or age;
e. whose price is subject to fluctuations in the financial market on which the entrepreneur has no influence;
f. for loose newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer seals has broken.
3. Exclusion of the right of revocation is only possible for services:
a. concerning accommodation, transport, restaurant business or leisure activities on a certain date or during a certain period;
b. the delivery of which began with the express consent of the consumer before the reflection time has elapsed;
c. concerning betting and lotteries.
Article 9 – The price
1. During the period of validity specified in the offer, the prices of the offers products and / or services not increased, except for price changes due to changes in VAT rates.
2. By way of derogation from the previous paragraph, the entrepreneur may buy products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence on has, with variable prices. This attachment to fluctuations and the fact that any prices quoted are target prices, are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory provisions or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
a. these are the result of legal regulations or provisions; or
b. the consumer has the power to terminate the agreement with effect from the day which is where the price increase takes place.
5. The prices mentioned in the offer of products or services include VAT.
Article 10 – Compliance and Warranty
1. The contractor agrees that the products and / or services comply with the agreement, the specifications specified in the offer, to the reasonable requirements of soundness and / or usability and the existing at the date of conclusion of the agreement statutory provisions and / or government regulations. If agreed, the entrepreneur is also in that the product is suitable for other than normal use.
2. A guarantee provided by the contractor, manufacturer or importer does not affect the legal rights and claims that the consumer has under the agreement vis-à-vis the entrepreneur can make money.
Article 11 – Delivery and Execution
1. The entrepreneur will take the utmost care when receiving and in the execution of product orders and in the assessment of applications to provision of services.
2. The place of delivery shall be the address which the consumer has made known to the company.
3. Having regard to the provisions of Article 4 of these General Conditions, the company will accept orders accepted with competent speed but no later than within 30 days carry out unless a longer delivery period has been agreed. If delivery is delayed experiences, or if an order can not or only partially be executed, the consumer receives notification of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract free of charge and entitled to any damages.
4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will pay the amount that the consumer has repaid as soon as possible, but no later than 30 days after dissolution.
5. If the delivery of an ordered product proves impossible, the entrepreneur will make an effort to make a replacement item available. Appearance at the time of delivery will be on clearly and comprehensibly report that a replacement item is being delivered. At replacement articles, the right of withdrawal cannot be excluded. The cost of a any return shipments are at the expense of the entrepreneur.
6. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and to the entrepreneur announced representative, unless otherwise expressly agreed.
Article 12 – Duration transactions: duration, termination and renewal
Termination
1. The consumer may enter into an agreement which has been concluded for an indefinite period and which regular delivery of products (including electricity) or services, at all times terminate in accordance with agreed termination rules and a notice period of not more than one month.
2. The consumer may enter into an agreement which has been concluded for a specified period and which regular delivery of products (including electricity) or services, at all times terminate by the end of the specified period, subject to the agreed termination rules and a notice period of not more than one month.
3. The consumer may have the agreements mentioned in the previous paragraphs:
○ terminate at any time and be not limited to termination at any given time or in a
certain period;
○ terminate at least in the same way as they were entered into by him;
○ always terminate with the same notice period as the entrepreneur has agreed for himself.
Extension
4. An agreement that has been entered into for a certain period of time and that extends to regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a specified period.
5. By way of derogation from the previous paragraph, an agreement which has been concluded for a certain period and which extends to the regular delivery of daily newspapers and magazines and magazines silently be extended for a maximum period of three months, if the consumer extended contract may terminate at the end of the extension with a notice period of up to one month.
6. An agreement that has been entered into for a certain period of time and that extends to regular delivery of products or services, may be tacitly extended indefinitely only if the consumer may terminate at any time with a notice period of not more than one month and a notice period of not more than three months in the event that the agreement extends to the settled, but less than once a month, delivering daily, news and weekly newspapers and
magazines.
7. An agreement with a limited duration until the regular delivery of daily, newspapers and magazines and magazines (trial or introductory subscription) will not be silently continued and ends automatically at the end of the trial or introduction period.
Duration
8. If a contract lasts more than one year, the consumer may, after one year, terminate an agreement at any time with a notice period of not more than one month, unless the reasonableness and fairness against termination before the end of the agreed duration move.
Article 13 – Payment
1. Unless otherwise agreed, the amounts due by the consumer shall to be complied with within 14 days of the expiry of the period of reflection referred to in Article 6 paragraph 1. In the event of a service agreement, this period shall begin after the consumer has received the confirmation of the agreement.
2. When selling products to consumers, in general conditions no prepayment of more than 50% is required. When prepayment is conditional, the consumer does not exercise any right in respect of the implementation of the relevant
order or service (s), before the conditional prepayment has taken place.
3. The consumer has a duty to correct inaccuracies in provided or stated payment information notify the entrepreneur without delay.
4. In the event of non-payment by the consumer, the entrepreneur shall, subject to legal restrictions, the right to the reasonable costs previously announced to the consumer in to take into account.
Article 14 – Complaints settlement
1. The contractor has a sufficiently disclosed complaint procedure and handles the complaint in accordance with this complaint procedure.
2. Complaints about the implementation of the agreement must be submitted within a reasonable time, in full and
clearly defined to be submitted to the contractor, after the consumer has the defects has found.
3. Complaints submitted to the contractor will be counted within a period of 14 days from answer the date of receipt. As a complaint a foreseeable longer processing time asks, is answered by the entrepreneur within a period of 14 days with a message of receipt and an indication when the consumer can provide a more detailed answer expect.
4. If the complaint cannot be resolved by mutual agreement, a dispute shall arise which is susceptible for the dispute settlement.
Article 15 – Disputes
1. On agreements between the entrepreneur and the consumer on which this general conditions apply, only Dutch law applies.
Article 16 – Additional or derogating provisions
Additional or deviations from these general conditions must not be to the detriment of 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 way in a sustainable
data carrier.