Terms and conditions
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 withdrawal
Article 7 - Costs upon withdrawal
Article 8 - Exclusion of right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Continuous benefit: duration, termination and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions
Article 1 - Definitions
In these Terms, the following terms have the following meanings:
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 who enters into a distance contract with the entrepreneur;
3rd day: calendar day;
4. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over a certain period;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store personally addressed information in a manner that enables later consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
7. Model form: the model form for withdrawal that the entrepreneur makes available and that a consumer can complete if he wants to exercise his right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
9. Distance agreement: an agreement in which, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication in a system organized by the entrepreneur for the distance sale of products and/or services;
10. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time.
11. General terms and conditions: these general terms and conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
GiG Eco Future BV
Beatrixstraat 4, 4811SE Breda Phone number: +31 6 41755774
E-mail address: info@melleson.nl
Chamber of Commerce number: 92257194 ; VAT number: NL865959894B01
Article 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to all distance contracts and orders concluded between the entrepreneur and the consumer.
2. 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, the consumer will be informed that the general terms and conditions can be viewed at the entrepreneur and will be sent free of charge as soon as possible. at the request of the consumer.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer in electronic form in such a way that the consumer can easily read them. store 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 viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer. way.
4. If special product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him and condition.
5. If one or more provisions of these general terms and conditions are void at any time or are withdrawn in whole or in part, the other provisions of the agreement and these general terms and conditions will remain in force and the provision in question will be replaced immediately. in mutual consultation by a provision that comes as close as possible to the scope of the original provision.
6. Situations not provided for in these General Terms and Conditions must be assessed “in the spirit” of these General Terms and Conditions.7. Any ambiguities regarding the interpretation or content of one or more provisions of our General Terms and Conditions must be interpreted "in the spirit" of these General Terms and Conditions.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
5. Product images are a true representation of the products offered. The company cannot guarantee that the colors shown exactly match the actual colors of the products.
6. Each offer contains such information that the consumer is aware of the rights and obligations associated with accepting the offer. This concerns in particular
special:
the price including taxes;
any shipping costs;
the manner in which the agreement is concluded and what actions are required for this;
whether the right of withdrawal applies;
the type of payment, delivery and performance of the contract;
- the period for acceptance of the offer or the period within which the entrepreneur guarantees the price;
- the amount of the rate for distance communication, if the costs of using the technology of distance communication are calculated on a different basis than the regular basic rate for the means of communication used;
- whether the agreement is archived after conclusion and if so, how it can be seen by the consumer;
- the manner in which the consumer can check and, if necessary, correct the information provided by him in the context of the agreement before concluding the agreement;
- a language other than Dutch in which the agreement can be concluded;
- the codes of conduct to which the entrepreneur adheres and the way in which the consumer can consult these codes of conduct electronically; and
- The minimum duration of the distance contract for a long-term transaction.
- Optional: available sizes, colors, material types.
Article 5 - The Agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can - within the legal limits - inform himself of the question of whether the consumer can meet his payment obligations, as well as of all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.5. The entrepreneur sends the consumer the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a. the visiting address of the entrepreneur's branch where the consumer can go with complaints;
b. the conditions 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;
c. the details of warranties and existing after-sales service;
i.e. the information included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already made this information available to the consumer before concluding the agreement;
e. the conditions for terminating the agreement if the agreement has a term of more than one year or is of indefinite duration.
6. In the event of a long-term transaction, the provisions of the previous paragraph only apply to the first delivery.
7. Every agreement is concluded under the suspensive conditions of sufficient availability of the products in question.
Article 6 - Right of withdrawal
When delivering products:
1. When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and the entrepreneur.
2. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and - as far as reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the entrepreneur's reasonable and clear instructions.
3. If the consumer wishes to exercise his right of withdrawal, he is obliged to report this to the entrepreneur within 14 days of receipt of the goods. The consumer must indicate this via the model form. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a shipping receipt.
4. If the customer has not indicated that he wishes to exercise his right of withdrawal after the expiry of the periods referred to in paragraphs 2 and 3 or has not returned the product to the entrepreneur, the purchase is a fact.
When providing services:
5. When providing services, the consumer has the option to terminate the agreement without giving reasons for at least 14 days from the day the agreement was concluded.
6. To exercise his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest upon delivery. Article 7 - Costs upon withdrawal
1. If the consumer exercises his right of withdrawal, a maximum of the costs of return will be borne by him.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after cancellation. The condition is that the goods have already been received by the retailer or that the return can be proven beyond doubt. The refund will take place via the same payment method that the consumer used, unless the consumer expressly agrees to another payment method.
3. If the product is damaged due to careless use by the consumer, the consumer is liable for depreciation of the product.
4. The consumer cannot be held liable for any reduction in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal; this must be done before concluding the purchase contract.
Article 8 - Exclusion of right of withdrawal
1. The entrepreneur can exclude the consumer's right of withdrawal for products as referred to in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement.
2. Exclusion of the right of withdrawal is only possible for products
a. established by the entrepreneur according to the consumer's specifications;
b. that are clearly personal in nature
c. which due to their nature cannot be returned
i.e. those that spoil or age quickly;
e. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for individual newspapers and magazines
G. Audio and video recordings and computer software of which the consumer has broken the seal
H. for hygiene products of which the seal has been broken by the consumer.
3. Exclusion of the right of withdrawal is only possible for services:
a. with regard to accommodation, transport, restaurant activities or leisure activities to be carried out on a certain date or during a certain period;
b. the delivery of which has started with the consumer's express consent before the end of the cooling-off period;
c. relating to betting and lotteries.
Article 9 - The price
1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability to fluctuations and the fact that the prices stated are target prices must be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are based on legal regulations or regulations.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. they arise from legal regulations or requirements; or
b. the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
6. All prices subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of a printing error, the entrepreneur is not obliged to deliver the product at the wrong price.
Article 10 - Conformity and warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability and the legal provisions applicable at the time of concluding the agreement and/ or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
3. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 4 weeks of delivery. The products must be returned in the original packaging and in new condition.
4. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for advice regarding the use or application of the products.
5. The warranty does not apply if:
- the consumer has repaired and/or changed the delivered products himself or has had them repaired and/or changed by third parties;
- the delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
- the defect is wholly or partly due to government regulations that have been or will be issued with regard to the type or quality of the materials used.
Article 11 - Delivery and execution
1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has communicated to the company.
3. Taking into account what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement free of charge. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from the specified delivery dates. Exceeding a term does not entitle the consumer to any compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will make every effort to find replacement items. The delivery of a replacement item will be communicated in a clear and understandable manner no later than upon delivery. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Extended Term Transactions: Term, Termination and Extension
termination
1. The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, taking into account the agreed cancellation rules and a notice period of no more than one month.
2. The consumer can cancel an agreement that has been entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, taking into account the applicable cancellation rules and a notice period. of a maximum of one month.
3. The consumer can cancel the agreements referred to in the previous paragraphs
- cancel at any time and not be limited to cancellation at a certain time or during a certain period;
- to end them at least as they were entered into by him;
- always cancel with the same notice period that the entrepreneur has set for himself.
innovation
4. An agreement that has been entered into for a fixed period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
4. Notwithstanding the previous paragraph, an agreement that has been entered into for a fixed period and which extends to the regular delivery of daily newspapers and weeklies or magazines may be tacitly extended for a maximum of three months if the consumer terminates the extended agreement before the end. of the extension period with a notice period of no more than one month.
5. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer has a right of termination at any time without a notice period of more than one month and a notice period of a maximum of three months if the consumer's order is the regular delivery of daily or weekly newspapers or magazines, but less than once a month.
6. A fixed-term agreement to regularly introduce daily or weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
duration
7. If an agreement lasts longer than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.
Article 13 - Payment
1. Unless a different date has been agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period referred to in Article 6 paragraph 1 B. a service, this period commences after the consumer has received confirmation of the contract.
2. The consumer is obliged to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
3. In the event of non-payment by the consumer and subject to legal restrictions, the entrepreneur is entitled to charge the consumer for all reasonable costs made known to the consumer in advance.
Article 14 - Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.
3. Complaints submitted to the Entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved amicably, a dispute arises that is subject to the dispute settlement procedure.
5. In case of complaints, a consumer must first contact the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and complaints cannot be resolved amicably, the consumer must contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check via https://www.webwinkelkeur.nl/leden/ whether this webshop has a current membership. If no solution is found, the consumer has the option to have his complaint handled by the independent dispute committee set up by the WebwinkelKeur Foundation, whose judgment is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this dispute committee is a cost that consumers must pay to the committee. It is also possible to submit complaints via the European OS platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint from the entrepreneur proves to be well-founded, the entrepreneur will, at his option, replace or repair the delivered products free of charge.
Article 15 - Disputes
1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.
Article 16 - Additional or deviating provisions
Additional provisions or provisions that deviate from these general terms and conditions are not at the expense of the consumer and must be recorded in writing or recorded in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
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 - Costs upon withdrawal
Article 8 - Exclusion of right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Continuous benefit: duration, termination and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions
Article 1 - Definitions
In these Terms, the following terms have the following meanings:
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 who enters into a distance contract with the entrepreneur;
3rd day: calendar day;
4. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over a certain period;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store personally addressed information in a manner that enables later consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
7. Model form: the model form for withdrawal that the entrepreneur makes available and that a consumer can complete if he wants to exercise his right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
9. Distance agreement: an agreement in which, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication in a system organized by the entrepreneur for the distance sale of products and/or services;
10. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time.
11. General terms and conditions: these general terms and conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
GiG Eco Future BV
Beatrixstraat 4, 4811SE Breda Phone number: +31 6 41755774
E-mail address: info@melleson.nl
Chamber of Commerce number: 92257194 ; VAT number: NL865959894B01
Article 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to all distance contracts and orders concluded between the entrepreneur and the consumer.
2. 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, the consumer will be informed that the general terms and conditions can be viewed at the entrepreneur and will be sent free of charge as soon as possible. at the request of the consumer.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer in electronic form in such a way that the consumer can easily read them. store 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 viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer. way.
4. If special product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him and condition.
5. If one or more provisions of these general terms and conditions are void at any time or are withdrawn in whole or in part, the other provisions of the agreement and these general terms and conditions will remain in force and the provision in question will be replaced immediately. in mutual consultation by a provision that comes as close as possible to the scope of the original provision.
6. Situations not provided for in these General Terms and Conditions must be assessed “in the spirit” of these General Terms and Conditions.7. Any ambiguities regarding the interpretation or content of one or more provisions of our General Terms and Conditions must be interpreted "in the spirit" of these General Terms and Conditions.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
5. Product images are a true representation of the products offered. The company cannot guarantee that the colors shown exactly match the actual colors of the products.
6. Each offer contains such information that the consumer is aware of the rights and obligations associated with accepting the offer. This concerns in particular
special:
the price including taxes;
any shipping costs;
the manner in which the agreement is concluded and what actions are required for this;
whether the right of withdrawal applies;
the type of payment, delivery and performance of the contract;
- the period for acceptance of the offer or the period within which the entrepreneur guarantees the price;
- the amount of the rate for distance communication, if the costs of using the technology of distance communication are calculated on a different basis than the regular basic rate for the means of communication used;
- whether the agreement is archived after conclusion and if so, how it can be seen by the consumer;
- the manner in which the consumer can check and, if necessary, correct the information provided by him in the context of the agreement before concluding the agreement;
- a language other than Dutch in which the agreement can be concluded;
- the codes of conduct to which the entrepreneur adheres and the way in which the consumer can consult these codes of conduct electronically; and
- The minimum duration of the distance contract for a long-term transaction.
- Optional: available sizes, colors, material types.
Article 5 - The Agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can - within the legal limits - inform himself of the question of whether the consumer can meet his payment obligations, as well as of all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.5. The entrepreneur sends the consumer the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a. the visiting address of the entrepreneur's branch where the consumer can go with complaints;
b. the conditions 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;
c. the details of warranties and existing after-sales service;
i.e. the information included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already made this information available to the consumer before concluding the agreement;
e. the conditions for terminating the agreement if the agreement has a term of more than one year or is of indefinite duration.
6. In the event of a long-term transaction, the provisions of the previous paragraph only apply to the first delivery.
7. Every agreement is concluded under the suspensive conditions of sufficient availability of the products in question.
Article 6 - Right of withdrawal
When delivering products:
1. When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and the entrepreneur.
2. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and - as far as reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the entrepreneur's reasonable and clear instructions.
3. If the consumer wishes to exercise his right of withdrawal, he is obliged to report this to the entrepreneur within 14 days of receipt of the goods. The consumer must indicate this via the model form. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a shipping receipt.
4. If the customer has not indicated that he wishes to exercise his right of withdrawal after the expiry of the periods referred to in paragraphs 2 and 3 or has not returned the product to the entrepreneur, the purchase is a fact.
When providing services:
5. When providing services, the consumer has the option to terminate the agreement without giving reasons for at least 14 days from the day the agreement was concluded.
6. To exercise his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest upon delivery. Article 7 - Costs upon withdrawal
1. If the consumer exercises his right of withdrawal, a maximum of the costs of return will be borne by him.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after cancellation. The condition is that the goods have already been received by the retailer or that the return can be proven beyond doubt. The refund will take place via the same payment method that the consumer used, unless the consumer expressly agrees to another payment method.
3. If the product is damaged due to careless use by the consumer, the consumer is liable for depreciation of the product.
4. The consumer cannot be held liable for any reduction in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal; this must be done before concluding the purchase contract.
Article 8 - Exclusion of right of withdrawal
1. The entrepreneur can exclude the consumer's right of withdrawal for products as referred to in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement.
2. Exclusion of the right of withdrawal is only possible for products
a. established by the entrepreneur according to the consumer's specifications;
b. that are clearly personal in nature
c. which due to their nature cannot be returned
i.e. those that spoil or age quickly;
e. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for individual newspapers and magazines
G. Audio and video recordings and computer software of which the consumer has broken the seal
H. for hygiene products of which the seal has been broken by the consumer.
3. Exclusion of the right of withdrawal is only possible for services:
a. with regard to accommodation, transport, restaurant activities or leisure activities to be carried out on a certain date or during a certain period;
b. the delivery of which has started with the consumer's express consent before the end of the cooling-off period;
c. relating to betting and lotteries.
Article 9 - The price
1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability to fluctuations and the fact that the prices stated are target prices must be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are based on legal regulations or regulations.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. they arise from legal regulations or requirements; or
b. the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
6. All prices subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of a printing error, the entrepreneur is not obliged to deliver the product at the wrong price.
Article 10 - Conformity and warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability and the legal provisions applicable at the time of concluding the agreement and/ or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
3. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 4 weeks of delivery. The products must be returned in the original packaging and in new condition.
4. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for advice regarding the use or application of the products.
5. The warranty does not apply if:
- the consumer has repaired and/or changed the delivered products himself or has had them repaired and/or changed by third parties;
- the delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
- the defect is wholly or partly due to government regulations that have been or will be issued with regard to the type or quality of the materials used.
Article 11 - Delivery and execution
1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has communicated to the company.
3. Taking into account what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement free of charge. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from the specified delivery dates. Exceeding a term does not entitle the consumer to any compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will make every effort to find replacement items. The delivery of a replacement item will be communicated in a clear and understandable manner no later than upon delivery. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Extended Term Transactions: Term, Termination and Extension
termination
1. The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, taking into account the agreed cancellation rules and a notice period of no more than one month.
2. The consumer can cancel an agreement that has been entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, taking into account the applicable cancellation rules and a notice period. of a maximum of one month.
3. The consumer can cancel the agreements referred to in the previous paragraphs
- cancel at any time and not be limited to cancellation at a certain time or during a certain period;
- to end them at least as they were entered into by him;
- always cancel with the same notice period that the entrepreneur has set for himself.
innovation
4. An agreement that has been entered into for a fixed period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
4. Notwithstanding the previous paragraph, an agreement that has been entered into for a fixed period and which extends to the regular delivery of daily newspapers and weeklies or magazines may be tacitly extended for a maximum of three months if the consumer terminates the extended agreement before the end. of the extension period with a notice period of no more than one month.
5. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer has a right of termination at any time without a notice period of more than one month and a notice period of a maximum of three months if the consumer's order is the regular delivery of daily or weekly newspapers or magazines, but less than once a month.
6. A fixed-term agreement to regularly introduce daily or weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
duration
7. If an agreement lasts longer than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.
Article 13 - Payment
1. Unless a different date has been agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period referred to in Article 6 paragraph 1 B. a service, this period commences after the consumer has received confirmation of the contract.
2. The consumer is obliged to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
3. In the event of non-payment by the consumer and subject to legal restrictions, the entrepreneur is entitled to charge the consumer for all reasonable costs made known to the consumer in advance.
Article 14 - Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.
3. Complaints submitted to the Entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved amicably, a dispute arises that is subject to the dispute settlement procedure.
5. In case of complaints, a consumer must first contact the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and complaints cannot be resolved amicably, the consumer must contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check via https://www.webwinkelkeur.nl/leden/ whether this webshop has a current membership. If no solution is found, the consumer has the option to have his complaint handled by the independent dispute committee set up by the WebwinkelKeur Foundation, whose judgment is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this dispute committee is a cost that consumers must pay to the committee. It is also possible to submit complaints via the European OS platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint from the entrepreneur proves to be well-founded, the entrepreneur will, at his option, replace or repair the delivered products free of charge.
Article 15 - Disputes
1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.
Article 16 - Additional or deviating provisions
Additional provisions or provisions that deviate from these general terms and conditions are not at the expense of the consumer and must be recorded in writing or recorded in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.