Terms and conditions

Be aware: the following text is translated from Dutch. In case of conflicts based on faulty translation the original Dutch version wil be used as leading.

Content:
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right
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 implementation
Article 12 – Duration transactions: duration, termination and extension
Article 13 – Payment
Article 14 – Complaints
Article 15 – Disputes
Article 16 – Additional or different terms

Article 1 – Definitions
In these conditions apply:

  1. Grace period : The period within which the consumer can exercise his right of withdrawal;
  2. Public : the natural person not acting in the exercise of profession or business and a distance contract with the entrepreneur;
  3. Day calendar
  4. Transaction Duration : a distance contract concerning a series of products and / or services, the supply and / or purchase is spread over time;
  5. Durable medium any means that the consumer or business that enables information to him personally, 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. Entrepreneur : the natural or legal products and / or remote services to the consumer;
  8. Distance contract : an 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;
  9. Technology for distance communication means that can be used to conclude a contract, without the consumer and trader being in the same room
  10. .

Article 2 – Identity of the operator

Article 3 – Applicability

  1. These terms and conditions apply to every offer of the entrepreneur and any agreement concluded at a distance between businesses and consumers.
  2. Before the agreement is concluded, the text of these general conditions made available to the consumer. If this is not reasonably possible, before the contract is concluded, indicated that the general conditions for the entrepreneur to see and be sent free of charge as soon as possible at the request of the consumer.
  3. If the contract is concluded electronically away, notwithstanding the preceding paragraph and before the contract is concluded, the text of these general conditions are made electronically available to the consumer in such a way that by the consumer may be stored in a simple way on a durable medium. If this is not reasonably possible, before the contract is concluded, indicated where the general conditions can be viewed electronically and that they will be sent free of charge, electronically or otherwise, at the request of the consumer.
  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 him it is most beneficial.

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 contains a complete and accurate description of the offered 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.
  3. Each offer contains such information that it 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 and 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;
    • the way the consumer, for the conclusion of the contract, through to check information provided to it under the contract and recover if desired;
    • any other languages, including Dutch, the contract may be entered;
    • The conduct to which the trader is subject and how 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 acceptance by the consumer of 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. 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.
  4. The entrepreneur can – within the law – inform the consumer’s ability to 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 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 in 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:
    • the address of the establishment of the business where the consumer can lodge complaints;
    • the conditions and how the consumers of the withdrawal right can be exercised, or are being exempted a clear statement of the right of withdrawal;
    • Information about guarantees and after sales service;
    • The data of these conditions include in Article 4 paragraph 3, unless the operator this information already provided to the consumer for the performance of the contract;
    • the requirements for terminating the agreement if the agreement has a duration of more than AA year or is indefinite.
  6. In the event of an extended transaction is the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right

  1. When purchasing products, the consumer can terminate the contract without giving any reason within 14 days. This period commences at designated on the day following receipt of the product by the consumer or in advance by the consumer and the entrepreneur announced representative.
  2. During this period the consumer will treat the product and packaging. He will only unpack the product to the extent or use as necessary to assess whether he wishes to retain. If he exercises his right of withdrawal, he will the product with all accessories and – if reasonably possible -. In its original condition and packaging to the entrepreneur, according to the trader 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 the return or cancellation, refund.

Article 8 – Exclusion of right of withdrawal

  1. The operator may exclude the right of withdrawal from the consumer to the extent provided in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the trader clearly in the offer, at least in time for the conclusion of the contract refers.
  2. The exclusion of the right of withdrawal is only possible for products:
    • which have been created by the entrepreneur to the consumer’s specifications;
    • that are clearly personal in nature;
    • that can not be returned due to their nature;
    • that spoil or become obsolete;
    • whose price depends on fluctuations in the financial market on which the entrepreneur’s control;
    • for individual newspapers and magazines;
    • for audio and video recordings and computer software that the consumer has broken the seal.
  3. The exclusion of the right of withdrawal is only possible for services:
    • regarding accommodation, transport, catering or leisure on a certain date or during a specified period;
    • which the supply with the express consent of the consumer before the period has expired;
    • on betting and lotteries.

Article 9 – The price

  1. During the prices of the products and / or services have not increased period mentioned in the offer, 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 are in legislation or regulations result.
  4. Price increases are only allowed from 3 months after the conclusion of the contract if the trader has agreed and:
    • This is the result of legislation or regulations; or
    • The consumer has the right to terminate the agreement with effect from the date the increase takes effect.
  5. The rates in the supply of products or services include VAT.

Article 10 – Compliance and Warranty

  1. The operator guarantees that the products and / or services comply with the agreement, the listed specifications, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement in supply existing legislation and / or government regulations. If agreed, the entrepreneur also ensure that the product is suitable for other than normal use.
  2. By the trader, manufacturer or importer does not affect the legal rights and claims that consumers can do under the contract against the trader apply.

Article 11 – Delivery and implementation

  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 shall address that the consumer makes known to the company.
  3. Subject to what is stated in Article 4 of these terms and conditions, the company will execute accepted orders expeditiously within 30 days unless a longer delivery has been agreed. If the delivery is delayed or if an order is not or only partially carried out, the consumer receives them no later than 30 days after placing the order. The consumer in this case has the right to terminate the contract without penalty and be entitled to any compensation.
  4. In the event of repudiation under the preceding paragraph, the operator the amount that consumers paid as soon as possible but no later than 14 days after termination, back pay.
  5. If delivery of an ordered product proves impossible, the trader will endeavor to provide a replacement article. By 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 operator.
  6. The risk of damage and / or loss of products rests upon the trader up to the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless expressly agreed otherwise.

Article 12 – duration transactions: duration, termination and extension
Termination

  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 has a contract concluded for a definite period and that extends to the regular delivery of products (including electricity) or services, withdraw by the end of the fixed term in compliance with the applicable termination rules and a notice of up to one month.
  3. Consumers can the agreements referred to in the preceding paragraphs:
    • withdraw and not be limited to termination at a particular time or in a given period;
    • At least cancel the same way as they are concluded;
    • Cancel at the same notice as the company has negotiated for itself.

Extension

  1. A contract for a definite period and that extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed duration.
  2. Contrary to the previous 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 this extended agreement may terminate by the end of the extension with a notice period of up to one month.
  3. A contract for a definite period and that extends to the regular delivery of products or services may be tacitly renewed for an indefinite period if the consumer all may cancel at any time with a notice of up to AA month and a notice not exceeding three months if the contract extends to the regular, but less than once a month, delivering daily, weeklies and magazines.
  4. A contract with a limited duration of regular delivery of dailies, weeklies and magazines (trial or introductory subscription) is not implied continued and terminates automatically after the trial or introductory.

Time

  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 against termination before the end of the agreed oppose expensive.

Article 13 – Payment

  1. Unless otherwise agreed, the amounts owed by the consumer to be paid within 14 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, captures this period after the consumer has received the confirmation of the contract.
  2. When selling products to consumers must be agreed never a prepayment of more than 50% in terms and conditions. If payment is agreed, the consumer may not assert any rights regarding the implementation of the order or service (s) before the advance payment has been made.
  3. The consumer has the duty to inaccuracies in data supplied or specified payment to report immediately to the trader.
  4. In the event of default by the consumer, the operator subject to legal restrictions, the right to charge the reasonable costs incurred to the Consumer.

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 a reasonable time to the entrepreneur, after the consumer has found the defects.
  3. The entrepreneur complaints within a period of 14 days from the date of receipt. If a complaint is a foreseeable 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.

Article 15 – Disputes

  1. On agreements between the entrepreneur and the consumer of these terms refer only to Dutch law.

Article 16 – Additional or different terms
Additional or of these terms and conditions, may not be to the detriment of consumers and should be recorded in writing or in such a way that these can be stored by the consumer in an accessible manner on a durable medium.