Art. 1 - Definitions
In these terms and conditions, the following terms shall have the following meanings:
- Day: calendar day;
- Consumer: the natural person who is not acting in the exercise of a profession or business and enters into an agreement with the entrepreneur;
- Entrepreneur: the natural or legal person who offers products and/or services, whether or not at a distance, to consumers;
- Agreement: an agreement between consumer and entrepreneur, whereby mutual rights and obligations are entered into;
- Distance contract: an agreement whereby sole use is made of one or more techniques for distance communication within the framework of a system organised by the trader for the distance sale of products and/or services, up to and including the moment that the agreement is concluded;
- Technology for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room at the same time;
- Dissolution: the possibility for the consumer to waive the contract within the cooling-off period;
- Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
- Grace period: The period within which the consumer can make use of the possibility to dissolve or withdraw.
Art. 2 - Identity of the entrepreneur
5401 JA Uden
Chamber of Commerce number: 813.868.42
VAT identification number: NL862066700B01
Art. 3 - Applicability
These general conditions apply to every offer made by the Entrepreneur and to every contract concluded between the Entrepreneur and the Consumer.Before the contract is concluded, the text of these general conditions will be made available to the Consumer. If this is not reasonably possible, then before concluding the distance contract, the trader will indicate that the general conditions are available for perusal at the trader's premises and that they will be sent to the consumer free of charge as quickly as possible at the consumer's request.If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general conditions will be made available to the consumer in electronic form in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance selling agreement, it will be indicated where the general conditions can be viewed electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in some other way.In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs apply by analogy and, in the event of conflicting general conditions, the consumer can always invoke the applicable provision that is most favourable to him.
Art. 4 - The offer
If an offer has a limited validity or is made under conditions, this will be explicitly mentioned in the offer. The offer contains a complete and accurate description of the offered products. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images these are a true reflection of the products offered. The entrepreneur is not liable for sizes or fittings incorrectly ordered by the consumer. The size and fitting tables on the website are purely indicative and no rights can be derived from them.Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
- 4.1. the price including taxes;
- 4.2. any costs of delivery;
- 4.3. the way in which the agreement will be brought about and what actions are required for this;
- 4.4. the applicability or otherwise of the right of withdrawal;
- 4.5. the method of payment, delivery or execution of the agreement;
- 4.6. the period for accepting the offer, or the period for adhering to the price;
- 4.7. whether the agreement is archived after its conclusion and, if so, in what way it can be consulted by the consumer;
- 4.8. the way in which the consumer, before concluding the contract, can check the data provided by him in the context of the contract and, if desired, correct them;
Art. 5 - The agreement
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement. If the agreement is created electronically, the entrepreneur 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 Entrepreneur will observe appropriate security measures.The Entrepreneur will send the following information along with the product or service to the Consumer, in writing or in such a way that the Consumer can store it in an accessible manner on a long-term data carrier:
- 5.1. the visiting address of the Entrepreneur's business establishment where the Consumer may lodge complaints;
- 5.2. the conditions under which and the way in which the consumer may exercise the right of withdrawal in the event of a distance contract, or a clear statement concerning the exclusion of the right of withdrawal;
- 5.3. the conditions under which and the way in which the consumer may dissolve the contract, or a clear statement concerning the exclusion of the possibility of dissolving the contract;
- 5.4. the information on existing after-sales services and guarantees;
- 5.5. the data included in article 4, paragraph 4 of these terms and conditions, unless the entrepreneur has already provided the consumer with these data before the execution of the agreement;
Art. 6 - Dissolution
The consumer has the option of dissolving the contract. This dissolution can only take place in writing, within 8 days after the agreement has been concluded, but not after delivery has taken place. The consumer is obliged to compensate the entrepreneur for all damage he suffers as a result of the dissolution within 10 days. This damage is set at 20% of the sales value of the contract, unless the parties have agreed a lower percentage at the conclusion of the contract.Dissolution of a contract, whereby products have been ordered by the entrepreneur for the consumer at the express request of the consumer and for which the consumer has been asked to pay in advance in full, is not possible.
Art. 7 - Right of withdrawal in the case of a distance contract
When purchasing products, the consumer has the option of dissolving the distance contract without giving reasons for 14 days. During this period, the consumer will handle the product and its 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 makes use of his right of withdrawal, he will return the product to the entrepreneur with all delivered accessories and - if reasonably possible - in the original state and packaging, within 14 days after the invoice date, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Art. 8 - Costs in the event of withdrawal
If a consumer uses his right of withdrawal, but does not return the complete order, both the shipping costs (if any) and the costs of returning the order will be at his expense.
Art. 9 - Exclusion of the right of withdrawal
If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the contract. Exclusion of the right of withdrawal is only possible for the following products:
- 9.1 that have been realised by the entrepreneur according to the specifications of the consumer;
- 9.2 which are clearly personal in nature;
- 9.3 which cannot be returned due to their nature;
- 9.4 that spoil or age quickly;
- 9.5 for audio and video recordings and computer software of which the consumer has broken the seal.
Art. 10 - The price
During the validity period mentioned 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 the legal VAT rates.If a price was mistakenly mentioned in the shop or on the website of the Entrepreneur and the Entrepreneur has informed the Consumer of this in writing, the Consumer has the right to cancel the order or to have the order carried out at the correct price. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions. The prices mentioned in the offer of products are including VAT.
Art. 11 - Delivery and execution
The entrepreneur will take the greatest possible care in the implementation of the agreement.The place of delivery is the address that the consumer has made known to the entrepreneur.Subject to what is stated in Article 4 of these general conditions, the entrepreneur will accepted orders expeditiously but not later than 30 days unless a longer delivery period has been agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this within 14 days after he has placed the order. In the event of dissolution in accordance with the previous paragraph, the trader will refund the consumer with the sum paid as quickly as possible, though at the latest within 14 days after that dissolution. The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer, unless explicitly agreed otherwise. Delivery to PO box numbers, reply numbers and NAPO addresses (military addresses) is excluded.
Art. 12 - Payment
Payment must be made upon delivery. At the request of the Consumer or Entrepreneur, payment can also be made in advance via iDEAL or by bank transfer. At the request of the consumer or the entrepreneur, a deposit may be required prior to delivery. The consumer has the duty to inaccuracies in data supplied or specified payment immediately to the operator to report. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge any predetermined reasonable costs incurred to the consumer.
Art. 13 - Exchanges and returns under the agreement (not at a distance)
When purchasing products, the consumer has the possibility of exchanging or returning products during a period of 14 days, this period commences on the invoice date. If he wishes to make use of the option to exchange or return products, he shall return the product to the Entrepreneur, accompanied by the original (digital) invoice or proof of purchase, together with all delivered accessories in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the Entrepreneur. If it concerns a bundle, it must be returned in its entirety. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after the return. Shipping costs for returning products are to be borne by the consumer.
Art. 14 - Exclusions from exchange and returns
Excluded from the possibility to exchange or return are products:
- 14.1 that have been realised by the entrepreneur according to the specifications of the consumer;
- 14.2 which have been delivered to the consumer ready for use, assembled and/or adjusted by the entrepreneur.
- 14.3 which have been registered by the entrepreneur in the name of the consumer in the register of the RDW.
- 14.4 which have been ordered for the consumer at the consumer's express request and for which the entrepreneur has demanded full payment from the consumer in advance.
- 14.5 which are clearly personal in nature;
- 14.6 which cannot be returned due to their nature. These include products that cannot be returned due to health protection or hygiene;
- 14.7 that spoil or age quickly;
- 14.8 for audio and video recordings and computer software of which the consumer has broken the seal.
Art. 15 - Warranty conditions
The entrepreneur guarantees that the delivered products meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the existing legal provisions and/or government regulations on the date of concluding the agreement.