Terms and Conditions

Index:

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The contract

Article 6 - Right of withdrawal

Article 7 - Costs in case of withdrawal

Article 8 - Exclusion of right of withdrawal

Article 9 - The price

Article 10 - Compliance and Warranty

Article 11 - Delivery and execution

Article 12 - Extended duration transactions: duration, termination and renewal

Article 13 - Payment

Article 14 - Complaints

Article 15 - Disputes

Article 16 - Additional or different terms

Article 1 - Definitions

In these conditions, the following definitions apply:

  1. Grace periodThe date by which the consumer can exercise his revocation
    Law;
  2. ConsumerThe natural person not acting in the exercise of profession or business and a distance contract with the entrepreneur;
  3. Day: Calendar;
  4. length TransactionMeans a contract at a distance with regard to a series of products and / or services, which the delivery and / or purchase is spread in time;
  5. Durable medium: Any means that the consumer or business that enables information to him personally is directed to store in a way that future consultation and unaltered reproduction of the stored information.
  6. Right of withdrawal: The ability for consumers to see within the waiting period of the contract;
  7. Modelformulier: The model withdrawal form which allows the operator available that can fill a consumer if he wants to exercise his right of withdrawal.
  8. entrepreneurThe natural or legal products and / or remote services to consumers;
  9. Distance AgreementAn agreement whereby in the framework of a system organized by the entrepreneur for distance selling of products and / or services until the conclusion of the agreement exclusive use of one or more means of distance communication;
  10. Technology for distance communication: A means that can be used for the conclusion of a contract, without the consumer and trader being simultaneously in the same space.
  11. Terms and Conditions: The General Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

For your address details !!!! (Epic)

Article 3 - Applicability

  1. These terms and conditions apply to every offer of the entrepreneur and any agreement reached at a distance and contracts between businesses and consumers.
  2. Voordat de overeenkomst op afstand wordt gesloten, wordt de tekst van deze algemene voorwaarden aan de consument beschikbaar gesteld. Indien dit redelijkerwijs niet mogelijk is, zal voordat de overeenkomst op afstand wordt gesloten, worden aangegeven dat de algemene voorwaarden bij de ondernemer zijn in te zien en zij op verzoek van de consument zo spoedig mogelijk kosteloos worden toegezonden.
  3. Indien de overeenkomst op afstand elektronisch wordt gesloten, kan in afwijking van het vorige lid en voordat de overeenkomst op afstand wordt gesloten, de tekst van deze algemene voorwaarden langs elektronische weg aan de consument ter beschikking worden gesteld op zodanige wijze dat deze door de consument op een eenvoudige manier kan worden opgeslagen op een duurzame gegevensdrager. Indien dit redelijkerwijs niet mogelijk is, zal voordat de overeenkomst op afstand wordt gesloten, worden aangegeven waar van de algemene voorwaarden langs elektronische weg kan worden kennisgenomen en dat zij op verzoek van de consument langs elektronische weg of op andere wijze kosteloos zullen worden toegezonden.
  4. In the event that in addition to these general conditions also specific product or service conditions are applicable, the second and third paragraph, mutatis mutandis, and the consumer can not, in the event of conflicting terms always rely on the applicable assay that is most beneficial to him is.
  5. If one or more provisions of these terms and conditions wholly or partially invalid at any time or be destroyed, then continue the agreement and these conditions will remain in position and the provision will mutually immediately be replaced by a requirement that the scope the original approach as much as possible.
  6. Situations that are not covered by these general conditions should be assessed 'in the spirit of these terms and conditions.
  7. Uncertainties over the interpretation or content of one or more provisions of our terms should be interpreted "in the spirit of these terms and conditions.

Article 4 - The offer

  1. If an offer has a limited duration or subject to conditions, this will be explicitly stated in the offer.
  2. The offer is non-binding. The entrepreneur is entitled to change the offer and adapt.
  3. The offer includes a complete and accurate description of the products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the contractor uses these images are a true reflection of the products and / or services. Obvious mistakes or errors in the offer binding on the entrepreneur.
  4. All images, data specifications in the offer are indicative and may not lead to damages or rescission of the contract.
  5. Images in products are a true representation of the products. Entrepreneur can not guarantee that the colors displayed exactly match the actual colors of the products.
  6. Each offer contains such information that is clear to the consumer what rights and obligations are involved in accepting the offer. This concerns in particular:
    • the price including taxes;
    • any costs of delivery;
    • how the agreement will be achieved and what actions they require;
    • whether to apply the right of withdrawal;
    • the method of payment, delivery or performance of the contract;
    • The deadline for accepting the offer, or the deadline for adhering to the price;
    • the size of the tariff for distance communication if the cost of using the technique for distance communication are calculated on a basis other than the regular fare for the means of communication;
    • if the contract is filed after conclusion, and if so, how this can be accessed by the consumer;
    • how the consumer before the conclusion of the contract, to check information provided by him under the contract and repair if necessary;
    • any other languages, including Dutch, the contract may be entered;
    • The conduct to which the trader is subject and the way the consumer can consult these behavioral codes electronically; and
    • The minimum duration of the distance contract in the event of an extended transaction.

Article 5 - The contract

  1. The agreement is subject to the provisions of paragraph 4, concluded at the time of the consumer accepts the offer and meet the corresponding conditions.
  2. If the consumer has accepted the offer electronically, the trader will immediately acknowledge electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the operator, the consumer may rescind the contract.
  3. Indien de overeenkomst elektronisch tot stand komt, treft de ondernemer passende technische en organisatorische maatregelen ter beveiliging van de elektronische overdracht van data en zorgt hij voor een veilige web omgeving. Indien de consument elektronisch kan betalen, zal de ondernemer daartoe passende veiligheidsmaatregelen in acht nemen.
  4. The entrepreneur can - within the law - to inform the consumer's ability to meet its payment obligations, and of all those facts and factors relevant to a sound conclusion of the distance contract. If the operator under this investigation was justified not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
  5. The entrepreneur will the consumer to the product or service 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, send:
  6. the address of the establishment of the business where consumers can lodge complaints;
  7. the conditions and how the right of withdrawal consumer can be exercised, or a clear statement regarding the exclusion of the right of withdrawal;
  8. information about guarantees and after sales service;
  9. The information contained in these conditions in Article 4 paragraph 3, unless the operator this information already provided to the consumer before the execution of the agreement;
  10. the requirements for termination of the agreement if the agreement has a duration of more than one year or for an indefinite period of time.
  11. In the event of an extended transaction is the provision in the previous paragraph applies only to the first delivery.
  12. Each agreement is entered into under the condition precedent of sufficient availability of the products.

Article 6 - Right of withdrawal

When delivering products:

  1. When purchasing products, the consumer can terminate the contract without giving any reason within 14 days. This period commences on the date of receipt of the product by the consumer or a pre-designated by the consumer and the entrepreneur announced representative.
  2. Tijdens de bedenktijd zal de consument zorgvuldig omgaan met het product en de verpakking. Hij zal het product slechts in die mate uitpakken of gebruiken voor zover dat nodig is om te kunnen beoordelen of hij het product wenst te behouden. Indien hij van zijn herroepingsrecht gebruik maakt, zal hij het product met alle geleverde toebehoren en – indien redelijkerwijze mogelijk – in de originele staat en verpakking aan de ondernemer retourneren, conform de door de ondernemer verstrekte redelijke en duidelijke instructies.
  3. When the consumer wishes to use his right of withdrawal, he is required within 14 days after receipt of the product, to make known to the trader. The express need to consumers using the standard form. After the consumer has expressed the wish to make use of his right of withdrawal, the customer must return the product within 14 days of return. The consumer must prove that the goods are returned on time, for example through a proof of postage.
  4. If the customer after the not known limits specified in paragraph 2 and 3 to make use of his right of withdrawal, respectively. the product has not returned to the entrepreneur, the purchase is a fact.

When providing services:

  1. When providing services the consumer has the option to terminate the agreement without giving any reason for 14 days starting on the day of entering into the agreement.
  2. To use his right of withdrawal, the consumer focus to the trader to supply and / or appearance on delivery to area provided reasonable and clear instructions.

Article 7 - Costs in case of withdrawal

  1. If the consumer exercises his right of withdrawal, will not exceed the cost of return shipping cost.
  2. If the consumer has paid an amount, the entrepreneur this amount as soon as possible but no later than 14 days after cancellation, refund. It is the condition that the product has already been received back may be submitted by the merchant or conclusive evidence of complete return. Reimbursement will be made by the same payment method used by the consumer unless the consumer expressly gives permission for another payment.
  3. Damage to the product due to careless handling liable for any loss of the product by the consumer, the consumer is.
  4. Consumers can not be held liable for diminished value of the product when not all the information required by law about the right of withdrawal provided by the operator, this should be done before the conclusion of the contract.

Article 8 - Exclusion of right of withdrawal

  1. The operator may exclude the right of withdrawal of the consumer products as defined in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the trader clearly in the offer, at least in time for the conclusion of the contract refers.
  2. Exclusion of the right of withdrawal is only possible for products:
  3. which are established by the entrepreneur to the consumer's specifications;
  4. that are clearly personal in nature;
  5. which can not be returned due to their nature;
  6. that spoil or become obsolete;
  7. whose price depends on fluctuations in the financial market over which the trader has no influence;
  8. for individual newspapers and magazines;
  9. Audio and video recordings and computer software that the consumer has broken the seal.
  10. hygiene products for which the consumer has broken the seal.
  11. Exclusion of the right of withdrawal is only possible for services:
  12. on accommodation, transport, carry catering or leisure on a certain date or during a given period;
  13. which supply with the express consent of the consumer before the period has expired;
  14. betting and lotteries.

Article 9 - The price

  1. During the period mentioned in the offer prices of the products and / or services have not increased, except for price changes due to changes in VAT rates.
  2. Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no control, at variable prices. These fluctuations and the fact that any price targets, are at the offer.
  3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
  4. Price increases from 3 months after the conclusion of the contract are only allowed if the trader has agreed and:
  5. they are the result of legislation or regulations; or
  6. the consumer is authorized to terminate the agreement with effect from the date the increase takes effect.
  7. The prices include VAT mentioned in the supply of products or services.
  8. All rates are subject to pressure - errors. For the consequences of pressure - and misprints no liability is accepted. With pressure - errors the trader is not obliged to deliver the product according to the erroneous price.

Article 10 - Compliance and Warranty

  1. The company guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also ensure that the product is suitable for other than normal use.
  2. A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer under the contract against the trader may assert.
  3. Any defects or faulty goods should be reported in writing within 4 weeks after delivery to the entrepreneur. Return of the goods must be in original packaging and in new condition.
  4. The guarantee of the entrepreneur meets the manufacturer's warranty period. The entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the customer, nor for any advice regarding the use or application of the products.
  5. The guarantee does not apply if:
  • The consumer has repaired the products themselves and / or modified or repaired and / or modified by third parties;
  • The delivered goods have been exposed to abnormal conditions or otherwise careless handling or contrary to the instructions of the operator and / or packaging are handled;
  • The defectiveness is due entirely or partly of regulations that the government has made or will make regarding the nature or quality of the materials used.

Article 11 - Delivery and execution

  1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer makes known to the company.
  3. Met inachtneming van hetgeen hierover in lid 4 van dit artikel is vermeld, zal het bedrijf geaccepteerde bestellingen met bekwame spoed doch uiterlijk binnen 30 dagen uitvoeren, tenzij consument akkoord is gegaan met een langere leveringstermijn. Indien de bezorging vertraging ondervindt, of indien een bestelling niet dan wel slechts gedeeltelijk kan worden uitgevoerd, ontvangt de consument hiervan uiterlijk 30 dagen nadat hij de bestelling geplaatst heeft bericht. De consument heeft in dat geval het recht om de overeenkomst zonder kosten te ontbinden. De consument heeft geen recht op een schadevergoeding.
  4. All the delivery times are indicative. The consumer has no rights any time limits. A term is exceeded, the consumer is not entitled to compensation.
  5. In case of dissolution in accordance with the paragraph 3 of this Article, the operator the amount that consumers paid as soon as possible but no later than 14 days after repudiation.
  6. If delivery of an ordered product proves impossible, the trader will endeavor to provide a replacement article. Later than the delivery will be clear and comprehensible manner that a replacement item is delivered. For replacement items right of withdrawal can not be excluded. The cost of any return shipment are borne by the entrepreneur.
  7. The risk of damage and / or loss of products rests with the employer until the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless otherwise agreed.

Article 12 - Extended duration transactions: duration, termination and renewal

notice

  1. The consumer may contract for an indefinite period, which extends to the regular delivery of products (including electricity) or services, at any time denounce the applicable termination rules and a notice of up to one month.
  2. The consumer may contract concluded for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed-term, subject to the agreed termination rules and a notice of more than one month.
  3. Consumers can the agreements mentioned in the preceding paragraphs:
  • withdraw and not be limited to termination at a certain time or a certain period;
  • at least terminate in the same manner as they are entered by it;
  • Cancel at the same notice as the company has negotiated for itself.

extension

  1. A contract is entered into for a certain period of time, and which extends to the regular delivery of products (including electricity) or services, may not be automatically extended or renewed for a certain duration.
  2. Notwithstanding the preceding paragraph, a contract concluded for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines be tacitly renewed for a limited period of up to three months, as consumers against this extended agreement the end of the extension may terminate with a notice period of one month.
  3. A contract for a temporary period and that extends to the regular delivery of products or services may be tacitly renewed for an indefinite period if the consumer at all may cancel at any time with a notice period of up to one month and a notice of up three months if the contract extends to the regular, but less than once a month, delivering daily, weeklies and magazines.
  4. An agreement with a limited duration of the regular delivery of newspapers, weeklies and magazines (trial or introductory subscription) is not continued implicitly and automatically ends at the end of the trial or introductory.

Expensive

  1. If a contract has a duration of more than one year, the consumer contract after one year may at any time with a notice of up to recite a month, unless the reasonableness and fairness oppose termination before the end of the agreed term.

Article 13 - Payment

  1. Unless otherwise agreed, the amounts owed by the consumer to be paid within 7 days after the start of the cooling off period referred to in Article 6 paragraph 1. In case of an agreement to provide a service, that period begins after the consumer has received the confirmation of the agreement.
  2. The consumer is obliged to report immediately to the trader inaccuracies in the payment details.
  3. In the event of default by the consumer, the entrepreneur subject to statutory limitations, the right to submit the advance to the consumer reasonable costs charged

Article 14 - Complaints

  1. The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
  2. Complaints about the implementation of the agreement must be made fully and clearly described within seven days to the entrepreneur, after the consumer has found the defects.
  3. When entrepreneur complaints within a period of 14 days from the date of receipt. If a complaint requires a longer processing time, is answered by the operator within the period of 14 days, confirming receipt and indicating when the consumer can expect a more detailed answer.
  4. If the complaint can not be resolved by mutual agreement creates a dispute that is subject to dispute.
  5. A complaint does not suspend the obligations of the entrepreneur, unless the operator specifies otherwise.
  6. If a complaint is accepted by the entrepreneur, the entrepreneur at its option or the goods delivered will replace or repair without charge.

Article 15 - Disputes

  1. On similarities between the entrepreneur and the consumer of these terms refer only to Dutch law. Even if the consumer is domiciled abroad.
  2. The CISG does not apply.

Article 16 - Additional or different terms

Additional or of these terms and conditions, may not disadvantage the consumer and should 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.