Terms and conditions
Terms and Conditions
Identity of the company
Harinxma 34, 9145TA Ternaard
0031 (0) 650 870 840
Article 1 - Applicability
1. These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance between businesses and consumers.
2. Before the distance contract is concluded, the text of these general conditions made available to the consumer. If this is not reasonably possible, the trader will before concluding the distance contract, indicate how the general conditions for inspection at the trader's premises and that they 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 terms and conditions electronically will be made available to the consumer in such a way that by the consumer in a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is closed, will indicate where to be aware of the general conditions electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
4. In the event that besides these general conditions also specific product or service conditions apply, the second and third paragraph shall apply and the consumer in case of conflicting terms always rely on the applicable provision for the most for him is favorable.
Article 2 - 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 includes a complete and accurate description of the offered products, digital content and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the Entrepreneur makes use of pictures, they are truthful images of the products, services and / or digital content. Obvious mistakes or errors in the offer binding on the entrepreneur.
3. Each offer contains such information that is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 3 - The contract
1. The agreement is subject to the provisions of paragraph 1, concluded at the time of the consumer accepts the offer and meet the corresponding conditions. 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.
2. If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate safety precautions.
3. The entrepreneur can within the law - inform or the consumer can meet its payment obligations, and of all those facts and factors that are important to a sound conclusion of the distance contract. If the operator under this investigation was justified in order not to enter into the agreement, he is entitled to refuse or to bind its implementation to special conditions an order or request.
4. The company will look at delivery of the product, service, or digital content to the consumer the following information in writing or in such a way that it can be stored in an accessible manner by the consumer on a durable medium to send:
a. the address of the establishment of the business where consumers can lodge complaints;
b. the conditions and how the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about guarantees and after sales service;
d. the price including all taxes of the product, service, or digital content; in so far as applicable, the cost of delivery; and the method of payment, delivery or performance of the contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
f. if the consumer has a right of withdrawal and the model withdrawal form.
5. In the event of an extended transaction is the provision in the previous paragraph applies only to the first delivery.
Article 4 - Right of withdrawal
1. The consumer may contract concerning the purchase of a product during a cooling-off period of 14 days or terminate without giving reasons. The operator may ask the consumer about the reason for revocation, but it does not commit to stating his reason (s).
2. Paragraph 1 shall period begins on the day after the consumer or a pre-designated by the consumer third party other than the carrier and the product has received, or:
a. in the same order as the consumer has ordered several products: the day on which the consumer or a third party designated by him, has received the final product. The operator may, provided that he has informed the consumer prior to the ordering process in a clear manner, refuse an order of several products with different delivery time.
b. if the supply of a product consists of multiple lots or pieces, the day on which the consumer or a third party designated by him, received the last shipment of the final part;
c. the contract is for regular delivery of goods during a certain period, the day on which the consumer or a third party designated by him, the first product has received.
3. If the entrepreneur, the consumer did not provide the information required by law about the right of withdrawal and the model withdrawal form, the withdrawal period shall expire twelve months after the end of the original, in accordance with the preceding paragraphs of this Article shall reflect.
4. If the trader has provided the consumer with the information referred to in the preceding paragraph within twelve months after the effective date of the initial grace period, the grace period will expire 14 days from the day the consumer receives that information.
Article 5 - Obligations of the consumer during the reflection
1. During the period the consumer will treat the product and packaging. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The basic principle is that the consumer should only handle and inspect product just as he would be allowed to do in a shop.
2. The consumer shall only be liable for diminished value of the product which is the result of a way of dealing with the product beyond permitted in paragraph 1.
3. The consumer shall not be liable for diminished value of the product and the entrepreneur him before or at the conclusion of the agreement, all the legally required information is provided on the right of withdrawal.
Article 6 - Exercise of the right of withdrawal by the consumer and their cost
1. If the consumer exercises his right of withdrawal, he shall report this within the cooling-off period using the model withdrawal form or any other unequivocal manner to the entrepreneur.
2. As soon as possible but within 14 days from the day following the notification referred to in paragraph 1, the consumer sends the product back, or he hands it to (a representative of) the entrepreneur. This does not apply if the trader has offered to collect the product itself. The consumer has the return postage term in any case taken into account as to return the product before the period has expired.
3. The consumer shall send back the product with all accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer must bear the direct cost of returning the product. If the trader has not notified the consumer has to bear these costs or if the entrepreneur indicates to bear the costs themselves, the consumer does not have to bear the cost of return.
6. If the consumer exercises his right of withdrawal, any ancillary contracts shall be automatically dissolved.
Article 7 - Obligations of the trader in case of withdrawal
1. If the employer notification of withdrawal by the consumer possible through electronic means, it sends the message immediately upon receipt of an acknowledgment.
2. The trader shall reimburse all payments from the consumer, including any delivery charges will be charged by the operator for the returned product, immediately but within 14 days after the day on which the consumer notifies him of the revocation. Unless the trader offers to collect the product, he can wait to return until he has received the product or demonstrates to the consumer that he has returned the product, whichever is the earlier.
3. The operator used to repay the same card that the consumer, unless the consumer agrees to a different method. The reimbursement is free for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the trader does not have to repay the additional costs for the more expensive method.
Article 8 - Exclusion of right of withdrawal
The operator may exclude the following products of the right of withdrawal, but only if the entrepreneur clearly in the offer and in time for the conclusion of the agreement, stated: