General terms and conditions
General conditions Pretanos
Article 1 - Definitions
In these general conditions, the following definitions shall apply:
Cooling-off period: the time within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who does not act as part of the exercise of a profession or business and who enters into a distance contract with the trader;
Day: calendar day;
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 time;
Durable data carrier: any means that enables the consumer or trader to store information addressed to him personally in a way that enables future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the consumer's ability to cancel the distance contract within the withdrawal period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract where, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more technologies for distance communication;
Distance communication technology: means that can be used to conclude a contract without the consumer and the entrepreneur having gathered in the same room at the same time.
General terms and conditions: the current general terms and conditions of the contractor.
Article 3 - Applicability
These general conditions apply to every offer from the trader and to every distance agreement and order entered into between the trader and the consumer.
Before entering into the distance contract, the text of these general terms and conditions must be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be stated that the general conditions can be inspected at the contractor's premises and they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, without prejudice to the previous paragraph and before the distance contract is concluded, the text of these general conditions can be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple way on a durable data carrier. If this is not reasonably possible, it will be indicated, before the distance contract is entered into, where the general conditions can be reviewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
If specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general conditions, the consumer can always rely on the applicable provision that is most favorable to him.
If one or more provisions of these general terms and conditions are at any time wholly or partially invalid or have lost their validity, the agreement and these terms and conditions in general shall continue to apply and the relevant provision shall be replaced without delay by mutual agreement with a provision as close to corresponds as much as possible to the meaning of the original provision.
Situations not regulated in these general terms and conditions shall be assessed "in the spirit" of these general terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions of our general terms and conditions shall be interpreted "in accordance with the spirit" of these general terms and conditions.
Article 4 - The Offer
If an offer has a limited period of validity or is subject to conditions, this must be explicitly stated in the offer. The offer is without obligation. The contractor has the right to change and adapt the offer. The offer contains a complete and correct description of the products and/or services offered. The description is sufficiently detailed for the consumer to make a correct assessment of the offer. If the contractor uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the contractor. All images, specifications and data in the offer are indicative and cannot be a reason for compensation or termination of the contract. Images of products are a true representation of the products offered. The operator cannot guarantee that the colors shown exactly correspond to the real colors of the products.
Each offer contains such information that it is clear to the consumer which rights and obligations are linked to the acceptance of the offer. This applies in particular to: The price, excluding customs clearance costs and import VAT. These additional costs will be at the customer's expense and risk. The postal and/or courier service will use the special regulation for postal and courier services in respect of imports. This arrangement applies if the goods are imported into the country of destination in the EU, which is the case in the current case. The postal and/or courier service collects VAT (whether it is collected together with the customs clearance fees or not) from the recipient of the goods;
possible costs of the shipment; the manner in which the contract will be concluded and what measures are required for this purpose;
whether or not the right of withdrawal is applicable; the method of payment, delivery and performance of the contract;
The deadline for accepting the offer or the period within which the trader guarantees the price; The level of the fee for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the usual basic fee for the means of communication used;
Whether the agreement is archived after it has been concluded and, if so, in what way the consumer can access it; How the consumer, before entering into the agreement, can check and, if desired, correct the information provided by him under the agreement; Any languages other than Dutch in which the contract can be concluded; The codes of conduct to which the trader is subject and the way in which the consumer can take part in these codes of conduct electronically. The minimum length of the distance contract in the case of a transaction with duration. Optional: available sizes, colors, type of material.
Article 5 - The Agreement
Subject to the provisions of paragraph 4, the contract comes into force when the consumer accepts the offer and fulfills the conditions set out in it.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.
If the contract is concluded electronically, the contractor must take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can - within legal framework - inform himself whether the consumer can fulfill his payment obligations, as well as all the facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the contractor has good reasons not to enter into the contract, he has the right to refuse an order or application or to attach special conditions for the implementation, while stating the reasons.
The contractor will include 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 way on a durable data carrier:
1. the visiting address of the entrepreneur's establishment where the consumer can go with a complaint;
2. The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
3. Information about guarantees and existing customer service;4. the information included in article 4.3 of these terms and conditions, unless the contractor has already provided the consumer with this information before the contract is executed
5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is for an indefinite period. In the event of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
Each agreement is concluded on suspensive conditions regarding sufficient availability of the relevant products.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option to cancel the agreement without giving reasons for a period of 14 days. This reflection period begins the day after the receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur. During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent which is required to assess whether he wants to keep the product. If he exercises his right of withdrawal, he will return the product to the contractor with all supplied accessories and - if reasonably possible - in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the contractor.
If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receiving the product. The consumer should notify this by means of a written message/email. After the consumer has notified that he wants to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, e.g. using a proof of dispatch.
If the customer has not expressed his desire to use his right of withdrawal or has not returned the product to the contractor after the end of the periods mentioned in points 2 and 3, the purchase is a fact.
If you choose to refuse the package upon delivery, we unfortunately cannot issue a refund. Rejection of a package is not covered by our standard returns policy because the product is not returned to us in the prescribed manner.
To be eligible for a possible refund, we ask that you return the package according to the stated return procedure. In this way, you ensure that the product reaches us in good condition and that we can process your return request.
Article 7 - Costs in case of right of withdrawal
If the consumer exercises his right of withdrawal, the costs of returning the products shall be borne by the consumer. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days of the withdrawal. This is subject to the condition that the product has already been received back by the entrepreneur or that conclusive proof of full return can be presented. Article 8 - Exclusion of the right of withdrawal The entrepreneur can exclude the consumer's right of withdrawal for products described in points 2 and 3. The exclusion of the right of withdrawal is only valid if the trader clearly indicated this in the offer, or at least in good time before the agreement was concluded. Exclusion of the right of withdrawal is only possible for products:
1. which was created by the contractor in accordance with the consumer's specifications;2. which are distinctly personal in nature3. which cannot be returned due to their nature4. that spoil or age quickly5. the price of which is subject to fluctuations on the financial market over which the entrepreneur has no influence;6. for individual newspapers and magazines
7. for audio and video recordings and computer software where the consumer has broken the seal
8. for hygienic products for which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services
1. which refers to accommodation, transport, restaurant operations or leisure activities to be carried out on a certain date or during a certain period;
2. the delivery of which has begun with the express consent of the consumer before the cooling-off period has expired;
3. relating to betting and lotteries.
Article 9 - The price
During the validity period specified in the offer, the prices of the products and/or services offered will not increase, with the exception of price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market that are beyond the entrepreneur's control, with variable prices. This connection to fluctuations and the fact that all prices mentioned are indicative prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory rules or regulations. Price increases from 3 months after the conclusion of the agreement are only permitted if the contractor has determined them and:1. they are the result of statutory provisions or regulations, or2. the consumer has the right to terminate the contract on the day the price increase takes effect.
According to Article 5(1) of the 1968 Sales Tax Act, delivery takes place in the country where the transport begins. In the current case, the delivery takes place outside the EU. After this, the postal or courier company will collect import VAT or customs clearance fees from the customer. Consequently, no VAT will be charged by the contractor.
All prices are subject to misprints. No responsibility is accepted for the consequences of misprints and typesetting errors. In the event of misprints, the contractor is not obligated to deliver the product according to the incorrect price.
Special extra clearance fees and/or import duties are not included in the price and must be borne by the customer.
Article 10 - Compliance and Warranty
The trader warrants that the products and/or services comply with the agreement, the specifications set out in the offer, the reasonable requirements for soundness and/or usability and the existing statutory provisions and/or government regulations on the date the agreement was entered into. If so agreed, the trader also guarantees that the product is suitable for other than normal use. A guarantee from the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the trader on the basis of the agreement.
Any defective or incorrectly delivered products must be reported to the contractor in writing within 14 days of delivery. The return of the products must be in the original packaging and in new condition. The contractor's warranty period corresponds to the factory's warranty period. However, the contractor is never responsible for the ultimate suitability of the products for each individual application by the consumer, or for advice regarding the use or application of the products. The warranty does not apply if:
The consumer himself has repaired and/or modified the delivered products or had a third party repair and/or modify them; is wholly or partly the result of regulations imposed or to be imposed by the Government regarding the nature or quality of the materials used.
Article 11 - Delivery and performance
The company will take the greatest possible care in receiving and executing product orders.
The place of delivery is the address that the consumer has communicated to the company.
Subject to what is stated in Article 4 of these general conditions, the Company will execute accepted orders with appropriate speed but no later than within 30 days, unless the consumer has agreed on a longer delivery period. If the delivery is delayed, or if an order cannot be fulfilled or can only be fulfilled partially, the consumer will be informed of this no later than 30 days after the order was placed. In that case, the consumer has the right to cancel the agreement free of charge and the right to possible damages.
In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days of the termination. If the delivery of an ordered product turns out to be impossible, the entrepreneur will make an attempt to provide a replacement item. At the latest at the time of delivery, it will be stated clearly and comprehensibly that a replacement item is being delivered. With replacement items, the right of withdrawal cannot be excluded. The costs for possible return shipping must be borne by the contractor.
The risk of damage and / or loss of products rests with the contractor until delivery to the consumer or a representative appointed in advance and made known to the contractor, unless otherwise expressly agreed.
Article 12 - Duration Transactions: Duration, Termination and Extension
Termination
The consumer may at any time terminate an open-ended contract entered into for the regular supply of products (including electricity) or services, subject to the agreed termination rules and a maximum notice period of one month.
The consumer may terminate a fixed-term contract entered into for the regular supply of products (including electricity) or services at any time at the end of the fixed-term period, subject to the agreed termination rules and a notice period not exceeding one month. The consumer may terminate the agreement referred to in the preceding paragraphs: can be terminated at any time and is not limited to being terminated at a certain time or during a certain period;
at least terminate them in the same way as they were entered into by him; always terminate with the same notice period that the contractor has determined for himself.
Extension
A fixed-term contract that has been concluded for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a certain period. Without prejudice to the preceding paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers and magazines may is implicitly renewed for a fixed period not exceeding three months, if the consumer can terminate the renewed agreement towards the end of the renewal with a notice period not exceeding one month.
A fixed-term contract entered into for the regular supply of goods or services may only be extended by tacit consent for an indefinite period if the consumer can terminate it at any time with a notice period not exceeding one month and a notice period not exceeding three months if the contract refers regular delivery of daily or weekly newspapers and magazines, however less than once per month. A limited-time agreement for regular delivery of daily or weekly newspapers and magazines through introduction (trial or introductory subscription) does not continue silently and terminates automatically at the end of the trial or the introductory period.Duration 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 speak against termination before the end of the agreed term.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the reflection period referred to in Article 6.1 has started to run.
In the event of an agreement to provide a service, this period begins after the consumer receives confirmation of the agreement.
The consumer has the obligation to immediately report inaccuracies in payment information provided or mentioned to the entrepreneur.
If the consumer does not pay, the contractor has the right, subject to legal limitations, to charge the reasonable costs notified in advance to the consumer.
Article 14 - Complaints Procedure
Complaints about the implementation of the agreement must be submitted to the contractor within 7 days fully and clearly described, after the consumer has found the defects.
Complaints submitted to the contractor 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 the 14-day period with a notification of receipt and an indication of when the consumer can expect a more detailed response. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the Contractor's obligations, unless the Contractor states otherwise in writing.
If a complaint is deemed valid by the Contractor, the Contractor will, at its sole discretion, either replace or repair the Products supplied free of charge.
Article 15 - DisputesOn contracts between the entrepreneur and the consumer to which these general conditions apply, only Dutch law applies. Even if the consumer resides abroad.