- Article 1 – Identity of the entrepeneur
- Article 2 – Applicability
- Article 3 – The Offer
- Article 4 – The Agreement
- Article 5 – Right of Withdrawal
- Article 6 – Obligations of the consumer during thinking time
- Article 7 – Exclusion of the right of withdrawal by the Consumer and those costs
- Article 8 – The Price
- Article 9 – Compliance agreement and additional warranty
- Article 10 – Delivery and execution
- Article 11 – Duration transactions: duration, termination and extension
- Article 12 – Payment
- Article 13 – Complaints
- Article 14 – Disputes
- Article 15 – Additional or derogatory provisions
Article 1 – Identity of the entrepeneur
Blaauwhoflaan 59, 8501 EK JOURE
Accessibility: mon to fri 08:00-18:00 via +31 6 22625470
Article 2 – Applicability
- These terms and conditions apply to every entrepreneur’s offer and to any contractual agreement between entrepreneur and consumer.
- 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 will, before the agreement is concluded remotely, indicate the manner in which the terms and conditions of the entrepreneur can be seen and that, at the request of the Consumer, they will be sent free of charge as soon as possible.
- If the remote agreement is concluded electronically, by way of derogation from the preceding paragraph and before the agreement is concluded, the text of these terms and conditions may be made available to the Consumer electronically in such a way that the Consumers can easily be stored on a durable data carrier. If this is reasonably impossible, before the agreement is concluded at a distance, the terms of the general terms and conditions will be notified electronically and that they will be sent free of charge electronically or otherwise at the request of the Consumer.
- In the event that, in addition to these general terms and conditions, specific product or service terms apply, the second and third paragraphs apply mutatis mutandis and, in the event of contradictory terms, the Consumer may rely on the applicable provision which is the most appropriate for him.
Article 3 – The offer
- If an offer has a limited period of validity or is subject to conditions, this is 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 allow a good assessment of the offer by the Consumer. If the entrepreneur uses images, they are a true and fair view of the offered products, services and / or digital content. Apparent mistakes or manifest errors in the sacrifice do not bind the entrepreneur.
- Each offer contains such information that it is clear to the Consumer what the rights and obligations are connected to the acceptance of the offer.
Article 4 – The agreement
- The agreement shall, subject to the provisions of paragraph 4, be reached at the time of acceptance by the Consumer of the Offer and compliance with the conditions attached thereto.
- 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 may dissolve the agreement.
- If the agreement is established electronically, the entrepreneur finds appropriate technical and organizational measures to ensure the electronic transmission of data and ensures a secure web environment. If the Consumer can pay electronically, the entrepreneur will observe appropriate safety measures.
- The entrepreneur may, within legal frameworks, inform whether the Consumer is able to meet his payment obligations, as well as all the facts and factors that are relevant for the accountability of the remote agreement. If, on the basis of this investigation, the entrepreneur has good grounds for not entering into the agreement, he is entitled to refuse an order or request or to impose special conditions on the execution.
- 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 establishment of the entrepreneur where the Consumer is entitled to complaints;
- the conditions under which and the manner in which the Consumer may make use of the right or withdrawal or a clear notification of the exclusion of the right or withdrawal;
- Warranty information 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 requirements 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 case of an overdraft transaction, the provision in the previous paragraph applies only to the first delivery.
Article 5 – Right of withdrawal
- The Consumer may terminate an agreement relating to the purchase of a product for a period of at least 14 days without giving reasons. The entrepreneur may ask the Consumer for the reason for revocation, but do not oblige them to state their reasons.
- The period 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 date on which 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 the case of regular delivery of products for a specified period: the date on which the Consumer, or a third party designated by him, received the first product
Article 6 – Obligations of the consumer during thinking time
- 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 premise 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 allowed in paragraph 1.
- The Consumer is not liable for impairment of the Product if the Entrepreneur has not provided him with all statutory mandatory information about the right or withdrawal before or upon the conclusion of the agreement.
Article 7 – Exclusion of the right of withdrawal by the Consumer and those costs
- If the Consumer makes use of his right of withdrawal, he will report this within the term of office by means of the Model Form for revocation or otherwise unambiguously to the Entrepreneur.
- As soon as possible, but within 14 days of the day following the notification referred to in paragraph 1, the Consumer shall return the product, or hand it over to (an authorized representative) of the entrepreneur. This does not have to be taken if the entrepreneur has offered the product itself. The Consumer has in any event observed the return period when he returns the product before the time has expired.
- The Consumer shall 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 Contractor.
- The risk and burden of proof for the correct and timely exercise of the right or withdrawal lies with the Consumer.
- The Consumer shall bear 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 indicates the costs themselves, the Consumer does not have to bear the cost of returning.
- If the Consumer Reprises after having explicitly requested that the operation of the service or supply of gas, water or electricity not ready for sale in a limited volume or amount commences during the period of reflection, the Consumer is the An entrepreneur owed an amount proportional to that part of the undertaking’s commitment by the entrepreneur at the time of revocation compared with full compliance with the commitment.
- The Consumer shall not incur any costs for the provision of services or the supply of water, gas or electricity, which are not ready for sale in a limited volume or quantity, or until delivery of district heating if:
- The entrepreneur has not provided the Consumer with statutory information on the right of withdrawal, the cost compensation for revocation or the model form for revocation, or;
- The Consumer has not explicitly requested the start of the service or gas, water, electricity or district heating service or service during the period of reflection.
- The Consumer is not responsible for the full or partial delivery of non-material digital content provided that:
- He has not expressly agreed to commence compliance with the agreement before the end of the appraisal period prior to delivery.
- he has not recognized his or her right of withdrawal in granting his consent; or
- The entrepreneur has failed to confirm this Consumer’s statement.
- If the Consumer makes use of his right of withdrawal, any additional agreement and legal resolution will be terminated.
Article 8 – The price
- During the period of validity stated in the offer, prices of products and / or services offered will not be increased, subject to changes in prices due to changes in VAT rates.
- By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur is not affected by variable prices. This commitment to fluctuations and the fact that any given prices are target prices are stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are permitted only if they result from statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stated this and:
- these are the result of statutory regulations or provisions; or
- The Consumer has the power to terminate the agreement as from the date of the price increase.
- The prices mentioned in the offer of products or services are inclusive of VAT
Article 9 – Compliance agreement and additional warranty
- The entrepreneur shall ensure that the products and / or services comply with the agreement, the specifications specified in the offer, the reasonable requirements of validity and / or usability and the statutory statutory date of the agreement. Provisions 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 has failed to comply with his part of the agreement.
- Additional Warranty is understood to mean any commitment by the entrepreneur, its supplier, importer or producer in which it grants to the Consumer certain rights or claims that go beyond what is legally required in the event of failure to comply with its part of the agreement.
Article 10 – Delivery and execution
- The entrepreneur shall take the utmost care with regard to the receipt and execution of orders for products and in 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 Contractor shall make accepted orders at an expeditious rate, but no later than 30 days, unless another delivery date has been agreed. If the delivery is delayed, or if an order can not be executed, or only partially, the Consumer will receive notification within 30 days of placing the order. In that case, the Consumer has the right to dissolve the agreement free of charge and entitle to any damages.
- 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 vendor until the time of delivery to the Consumer or a pre-designated representative to the entrepreneur, unless explicitly agreed otherwise.
Article 11 – Duration transactions: duration, termination and extension
- The Consumer may at any time terminate an agreement for an indefinite period which includes the provision of scheduled products (including electricity) or services at any time in accordance with agreed notice of termination and a notice period of no more than one month.
- The Consumer may terminate a fixed-term agreement which aims at the scheduled delivery of products (including electricity) or services at any time by the end of the specified period in accordance with agreed notice of termination and a notice period Of no more than one month.
- The Consumer may terminate the agreement mentioned in the previous paragraphs and:
- 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 appointed for himself.
- A fixed-term contract, which involves the regular delivery of products (including electricity) or services, may not be tacitly renewed or renewed for a certain period of time.
- By way of derogation from the preceding paragraph, a fixed-term contract which is intended to provide regular delivery of daily newspapers and weekly newspapers and magazines may be tacitly extended for a period of up to three months if the Consumer renews it Terminate the agreement by 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 if the Consumer may 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, delivering daily, news and weekly newspapers and magazines.
- A contract of limited duration until the scheduled delivery of daily, news and weekly newspapers and magazines (trial or acquaintance subscription) is not tacitly continued and ends automatically after the trial or acquisition 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 reason and equity are terminated before the end of the agreed duration Resisting.
Article 12 – Payment
- Unless otherwise specified in the agreement or additional terms, the amounts owed by the Consumer shall be paid within 14 days of the commencement of the due date, or in the absence of a notice within 14 days after the closing of the Agreement. In the event of an agreement to provide a service, this term will commence on the day after the Consumer has received the confirmation of the agreement.
- In the case of the sale of products to Consumers, the Consumer may never be required to prepay more than 50% in terms of terms and conditions. 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 is obliged to notify the entrepreneur without delay of any incorrect or stated payment information.
Article 13 – Complaints
- The entrepreneur has a well-known complaints procedure and deals with the complaint in accordance with this complaint procedure.
- Complaints about the performance of the agreement must be submitted in full and clearly defined by the entrepreneur within a reasonable time after the Consumer has identified the defects.
- Complaints submitted to the entrepreneur shall be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with a notice of receipt and an indication when the Consumer can expect a more comprehensive response.
- The Consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period a dispute arises that is susceptible to the dispute settlement.
Article 14 – Disputes
- On agreements between the entrepreneur and the Consumer to which these terms and conditions relate, only Dutch law applies.
- The CISG Convention does not apply
Article 15 – Additional or derogatory provisions
Additional or different provisions 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 sustainable data carrier.
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