General Terms and Conditions
Article 1 - Definitions
In these conditions is understood:
1. Entrepreneur: the natural or legal person who offers products and / or services to consumers at a distance;
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;
3. Distance contract: an agreement whereby, in the context of a system for distance selling of products and / or services organized by the entrepreneur, until the conclusion of the contract use is made exclusively of one or more techniques for communication on distance;
4. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and trader being in the same place at the same time;
5. Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
6. Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the cooling-off period;
7. Day: calendar day;
8. Duration transaction: a distance agreement with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;
9. Sustainable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
10. Additional agreement: an agreement whereby the consumer acquires products, digital content and / or services in connection with a distance agreement and these goods, digital content and / or services are supplied by the entrepreneur or by a third party on the basis of a agreement between that third party and the entrepreneur;
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it is consumer can be stored in a simple way on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be read electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting conditions the consumer can always invoke the applicable provision that is most relevant to him. is beneficial.
Article 3 - The price
1. During the validity period stated in the offer, the prices of the products and / or services offered are not increased, subject to price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: - these are the result of statutory regulations or provisions; or - the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the range of products or services include VAT.
6. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typesetting errors. In the case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.
Article 4 - The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
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 receipt of this acceptance has not been confirmed, 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 he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can - within the law - inform himself if the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a sound conclusion of the distance agreement. If on the basis of this investigation the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
5. The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
6. The visiting address of the establishment of the entrepreneur where the consumer can go with complaints.
7. The conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
8. The information about existing after-sales service and guarantees.
9. The information included in article 4, paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer prior to the execution of the agreement;
10. The requirements for canceling the agreement if the agreement has a duration of more than one year or is of indefinite duration.
11. In the event of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
12. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 5 - Delivery and implementation
1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Taking into account that which is stated in article 4 of these general terms and conditions, the company will execute accepted orders with due speed, though at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, 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 without costs. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any specified periods. Exceeding a term does not entitle the consumer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than within 14 working days after dissolution.
6. If delivery of an ordered product appears to be impossible, the entrepreneur will make an effort to make a replacement item available. At the latest at the delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal cannot be excluded. The costs of return shipment are borne by the entrepreneur.
7. The risk of damage and / or loss of products rest with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
8. Import costs must be paid by the customer.
Article 6 - Right of withdrawal
1. When purchasing products, the consumer has the option of dissolving the contract within 14 days without giving any reason. This reflection period starts on the day after receipt of the product by or on behalf of the consumer.
2. During this period, the consumer will handle the product and the 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 - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receiving the product. The consumer must inform the consumer using the model form. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods delivered have been sent back in time, for example by means of proof of shipment.
4. If, at the end of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right to repop. the product has not been returned to the entrepreneur, the purchase is a fact.
Article 7 - Payment
1. Insofar as it has not been agreed later, the amounts owed by the consumer must be paid within 7 working days after the commencement of the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received the confirmation of the agreement.
2. The consumer has the duty to immediately report inaccuracies in payment data provided or specified to the entrepreneur.
3. In the event of a default on the part of the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs incurred in advance.
Article 8 - Conformity and Warranty
1. The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement provisions 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 after delivery. Return of the products must be in the original packaging and must be in new condition.
4. The warranty period of the entrepreneur corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:
- The consumer has repaired and / or modified the delivered products himself or had them repaired and / or modified by third parties.
- The delivered products have been exposed to abnormal circumstances or are otherwise carelessly treated or are contrary to the instructions of the entrepreneur and / or have been treated on the packaging;
6. The defectiveness, wholly or partially, is the result of regulations that the government has or will set with regard to the nature or quality of the materials used.
Article 9 - 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 fully and clearly described and submitted to the entrepreneur within 7 days, after the consumer has found 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 foreseeable longer processing time, the entrepreneur will respond within a period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
Article 11. Final provisions
1. Dutch law applies to the Agreement.
2. Unless otherwise prescribed by mandatory law, all disputes will be that may arise as a result of the Agreement are submitted to the competent person Dutch judge in the district where Kim Strijd is located.
3. If a provision in these General Terms and Conditions appears to be invalid, this does not affect the validity of the entire Terms and Conditions. In that case, the parties will replace (a) new provision (s) with which the intention of the original provision is as much as possible legally possible is given shape.
4. Under "in writing" in these General Terms and Conditions also communication by e-mail and fax provided that the identity of the sender and the integrity of the e-mail are sufficiently established.
Article 12 - Identity of the entrepreneur
3762 EV Soest
Telephone number: 06 42 48 48 67
Email address: email@example.com
Chamber of Commerce number: 70132690
VAT identification number: NL858156210B01