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Conditions

TRANSFER CONDITIONS

COMPANY STRUCTURE

The offer of movable property on the website is not sold by the owner of the website, but by the seller. Therefore, when purchasing Movable Goods, a contract is entered into between the buyer and the seller, to which the Website Owner is not a party. The general terms and conditions applicable between the seller and the buyer are included in this document for the sake of convenience. Please note that these terms and conditions apply between the buyer and the seller and therefore do not apply to the website owner.

If the seller is based in a country of the European Union (EU), Norway, Liechtenstein or Iceland, the European Distance Selling Directive applies. This Policy includes the following rights and warranties:

- The seller must provide the buyer with clear and written information about taxes, payment, delivery and performance of the contract.

- The buyer will receive the order within 30 days, unless a different period has been agreed with the seller. If the movable goods ordered are not (or no longer) available, the seller must inform the buyer of this. All (down) payments must be returned within thirty days, unless the seller delivers equivalent chattels.

- The buyer has a right of withdrawal, according to which the buyer can withdraw from the purchase for at least fourteen days without giving any reason. Any shipping costs incurred are the responsibility of the buyer. Any (down) payments must be refunded within thirty days.

ARTICLE 1 - DEFINITIONS

The following definitions apply in these terms and conditions:

  1. Website: platform made available, accessible via [URL webshop], including all associated subdomains.

  1. Owner of the website: the company [bedrijfsnaam] with registered office at [adres] in [plaatsnaam], registered with the Chamber of Commerce under number [KvK nummer].

  1. Buyer: someone making a purchase on the above website.

  1. Seller: an entity that sells tangible goods to the buyer, either as a manufacturer or as a dealer.

ARTICLE 2 - BUYER'S RIGHTS

If the seller is based in a country of the European Union (EU), Norway, Liechtenstein or Iceland, the European Distance Selling Directive applies. This Policy includes the following rights and warranties:

  1. The seller must provide the buyer with clear and written information about taxes, payment, delivery and performance of the contract.

  1. The buyer will receive the order within 30 days, unless a different period has been agreed with the seller. If the movable goods ordered are not (or no longer) available, the seller must inform the buyer of this. All (down) payments must be returned within thirty days, unless the seller delivers equivalent chattels.

  1. The buyer has a right of withdrawal, according to which the buyer can withdraw from the purchase for at least fourteen days without giving any reason. Any shipping costs incurred are the responsibility of the buyer. Any (down) payments must be refunded within thirty days.

ARTICLE 3 - TYPE OF INTERMEDIATION SERVICE

  1. The offer of Movable Goods on the Website is not sold by the Website Owner, but rather by the Seller. When purchasing Movable Goods, a contract is therefore concluded between the Buyer and the Seller, to which the Website Owner is therefore not a party.

  1. Certain Movable Goods are purchased through the Website from third parties, whether or not they are established in the European Union.

  1. The service offered by the owner of the website is an intermediation service that is supplied to a third party. In the case of orders for tangible goods through the website, the proprietor of the website is authorized to act as an intermediary on behalf of and at the expense of the buyer and to order the tangible goods from the actual seller of the tangible goods.

  1. If the actual seller is based outside the Netherlands and as a result the ordered goods have to be imported, this will be done on behalf of the buyer. Additional costs such as import sales taxes and (customs) clearance costs are at the expense of the buyer.

ARTICLE 4 - PAYMENT

  1. The payment for the purchased product is processed by the owner of the website, who in turn takes care of the (further) payment to the actual seller.

  1. It is possible that the prices stated on the website differ from the amounts that the website owner (further) pays to the actual seller. The seller may be given the opportunity to purchase the product for a lower amount after the buyer has bought it. The difference between the amount paid by the buyer and the amount paid to the actual seller is considered in these cases as compensation for the mediation service provided by the site owner to the third party.

ARTICLE 5 - COMPLAINTS PROCEDURE

  1. If the buyer is dissatisfied with the way in which the (agency) contract has been executed, he can report this to the website owner using the contact details provided on the website. Any complaint from the buyer will be dealt with by the site owner with the utmost care and as quickly as possible. The website owner shall provide the buyer with a substantive response no later than fourteen days after receipt of the complaint.

  1. In case of dissatisfaction with the procedure referred to in paragraph 1 of this article, the buyer can contact the Disputes Committee of the European ODR platform (https://ec.europa.eu/consumers/odr/).

Terms and Conditions

CONTENT:

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Item 3 - Application

Item 4 - The Offer

Article 5 - The Treaty

Article 6 - Right of withdrawal

Article 7 - Costs of exercising the right of withdrawal

Article 8 - Exclusion of the right of withdrawal

Item 9 - Price

Article 10 - Conformity and Guarantee

Article 11 - Delivery and implementation

Article 12 - Standing order: duration, termination and renewal

Article 13 - Payment

Article 14 - Complaints Procedure

Article 15 - Disputes

Article 16 - Additional or different provisions


ARTICLE 1 - DEFINITIONS

In these Terms, the following definitions apply:

Supplemental contract: a contract under which the consumer, in connection with a distance contract, purchases products, digital content and/or services and these goods, digital content and/or services from the entrepreneur or from a third party on the basis of a contract between that third party and delivered to the entrepreneur;

Reflection period: the period within which the consumer can exercise his right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession, business or craft and who concludes a contract with the entrepreneur;

day: calendar day;

Digital Content: Data created and delivered in digital form;

Standing order: a contract relating to a series of products and/or services, the delivery and/or purchase obligation of which extends over a certain period of time;

Durable medium: any (auxiliary) means, including e-mail, that enables the consumer or entrepreneur to store information addressed to him personally in such a way that future inspection and unchanged reproduction of the stored information is possible

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;

Model form: the withdrawal form made available to the consumer by the entrepreneur and which can be filled in by the consumer if he wishes to exercise his right of withdrawal;

Entrepreneur: the natural or legal person who offers products and/or (access to) digital content and/or services to consumers at a distance;

Distance contract: a contract in which, as part of a system organized by the entrepreneur for the distance sale of products and/or services, until the conclusion of the contract only one or more techniques of distance communication with the consumer are used;

Technique of distance communication: a means that can be used to conclude a distance contract without the consumer and entrepreneur having to be in the same room at the same time.

General terms and conditions: these general terms and conditions of the entrepreneur.

ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR

Name of the entrepreneur (statutory name, possibly supplemented by the trade name);

branch address;

visiting address, if different from the branch address;

telephone number and time(s) at which the entrepreneur can be reached by telephone;

email address;

Commercial Register Number;

Sales tax identification number

ARTICLE 3 - APPLICATION

  1. These general terms and conditions apply to all offers from the entrepreneur and to all distance contracts and orders concluded between the entrepreneur and the consumer.
  2. Before concluding a distance contract, the consumer will be provided with the text of these general terms and conditions. If this is justifiably not possible, before the distance contract is concluded, it will be pointed out that the consumer can view the general terms and conditions at the entrepreneur, the form in which they can be viewed and that the consumer will be sent these general terms and conditions free of charge as soon as possible at his own request.
  3. 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 terms and conditions will be made available to the consumer electronically in such a way that the consumer can easily save them on a durable medium . If this is not possible before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge, electronically or otherwise, at the consumer's request
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer can always invoke the provision most favorable to him.
  5. If one or more provisions of these general terms and conditions are at any time wholly or partially annulled or repealed, the other provisions of these general terms and conditions will continue to apply and the provision in question annulled or repealed will be immediately replaced by a new provision , which corresponds to the meaning and purpose of the original provision as far as possible.
  6. Situations that are not regulated in these General Terms and Conditions must be interpreted in accordance with these General Terms and Conditions.
  7. Any ambiguity as to the interpretation or content of any provision of our Terms shall be construed in accordance with these Terms and Conditions.

ARTICLE 4 - THE OFFER

  1. The offer will expressly state if it is an offer that is valid for a limited period of time or if the offer is subject to conditions with suspensive or subsequent effect or any other condition.
  2. The entrepreneur's offer is non-binding. The entrepreneur is therefore entitled to change and supplement the offer.
  3. The entrepreneur's offer contains a full and accurate description of the products and/or services offered at all times. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer.If the entrepreneur uses images that indicate that these images show the product offered, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
  4. Product images are a true representation of the products offered. However, the entrepreneur cannot guarantee that the colors shown correspond exactly to the real colors of the product.
  5. Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This concerns in particular:

- the price including taxes;

- any shipping costs;

- the manner in which the contract is concluded and what actions are required for this purpose;

- calculation of the amount of the tariff for long-distance communication, if the cost of using techniques for long-distance communication is calculated on a basis other than the regular basic tariff for the means of communication used;

- whether the contract will be archived after its conclusion, and if so, how it can be viewed by the consumer;

- the minimum duration of the distance contract in the case of a standing order;

- the application of the right of withdrawal;

- the method of payment, delivery and execution of the contract;

ARTICLE 5 – THE CONTRACT

  1. The contract is concluded, subject to the provisions of paragraph 4, at the time the consumer accepts the offer and complies with the conditions attached.
  2. If the consumer has accepted the offer electronically, the trader will immediately electronically acknowledge receipt of acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
  3. If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure electronic data transmission and ensure a secure Internet environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
  4. The entrepreneur can, within the limits of the law, find out whether the consumer can meet 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 examination, the entrepreneur has valid reasons not to conclude the agreement, he is entitled to refuse an order or assignment or to impose special conditions for the execution of the order or assignment, stating the reasons.
  5. The entrepreneur shall send the consumer the information below in writing or in any case in such a way that the consumer can store it in an accessible manner on a durable medium at the latest upon delivery of the product, service or digital content:
  6. the visiting address of the entrepreneur's establishment to which the consumer can address complaints;
  7. the conditions and the way in which the consumer can exercise the right of withdrawal, or a clear statement on the exclusion of the right of withdrawal;
  8. Information about guarantees and existing after-sales service;
  9. the price of the product, service or digital content, including taxes;
  10. if applicable, the cost of delivery;
  11. the method of payment, delivery or execution of the distance contract;
  12. the conditions for terminating the contract if the contract has a term of more than one year or is open-ended;
  13. the model withdrawal form if the consumer has a right of withdrawal
  14. In the case of a long-term business relationship, the provision in the previous paragraph applies only to the first delivery.

ARTICLE 6 - RIGHT OF WITHDRAWAL

For delivery of products:

  1. When purchasing products, the consumer can dissolve the contract without giving any reason within a period of 14 days.

  1. This reflection period begins on the day after the consumer himself or a representative designated by him and previously notified to the entrepreneur has received the product.

  1. If the consumer has placed several products in the same order, the reflection period begins on the day on which the consumer or a third party designated by the consumer received the last product. The entrepreneur may, provided that he has clearly informed the consumer before the ordering process, refuse an order for several products with different delivery times.
  2. In the case of a product delivery consisting of several shipments or parts, the reflection period begins on the day on which the consumer or a third party designated by him received the last shipment or the last part of the delivery;
  3. In the case of a contract aimed at the regular delivery of products during a certain period, the reflection period starts on the day on which the consumer or a third party designated by him received the first product.

For services and digital content that is not delivered on a physical medium:

  1. If a service contract or a contract for the delivery of digital content is not delivered on a tangible medium, the consumer can dissolve the contract without giving any reason within a period of fourteen days. The fourteen days begin on the day after the contract is signed.

In case of failure to inform about the right of withdrawal, an extended reflection period applies to products, services and digital content that are not delivered on a tangible medium:

  1. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period ends twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.

  1. If the trader has provided the consumer with the information referred to in the previous paragraph within 12 months of the start of the original cooling-off period, then the cooling-off period ends 14 days after the day on which the consumer received this information

  1. During the reflection period, the consumer handles the product and packaging with care and only unpacks or uses the product to the extent necessary to assess whether the product meets their needs. If the consumer wishes to exercise his right of withdrawal, he sends the product back to the entrepreneur in accordance with the entrepreneur's reasonable and clear instructions, with all the accessories supplied and, if reasonably possible, in the original condition and packaging.

  1. If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur within 14 days of receipt of the product. The consumer can report this using the model form. After the consumer has indicated that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove, e.g. by means of proof of postage, that the delivered goods were returned on time.

ARTICLE 7 - COSTS OF EXERCISING THE RIGHT OF WITHDRAWAL

  1. If the consumer makes use of his right of withdrawal, his costs will not exceed the cost of a return.
  2. The entrepreneur will refund the purchase amount as soon as possible, but no later than 14 days after the withdrawal, in the same way as the amount was paid by the consumer. This requires a receipt from the e-tailer or conclusive proof of complete return.
  3. Any depreciation of the product caused by improper use by the consumer will be borne by the consumer. The entrepreneur cannot invoke this if he has not provided the consumer with all the legally required information about the right of withdrawal before the conclusion of the sales contract.

ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL

  1. Exclusion of the right of withdrawal is only possible if the entrepreneur has made this clear in the offer, or at least in good time before the conclusion of the contract, and if it is one of the products listed in paragraphs 2 and 3.
  2. Exclusion is only possible for the following products:
  3. which have been manufactured by the entrepreneur in accordance with the consumer's specifications;
  4. which are clearly personal in nature;
  5. that spoil or age quickly;
  6. the price of which is subject to fluctuations on the financial market over which the entrepreneur has no influence;
  7. for individual newspapers and magazines;
  8. for audio and video recordings and computer software where the consumer has broken the seal;
  9. for hygienic products where the consumer has broken the seal.

  1. Exclusion is only possible for the following services:
  2. regarding accommodation, transportation, delivery of food and beverages or leisure activities to be carried out on a specific date or during a specific period;
  3. whose delivery has started with the express consent of the consumer before the end of the cooling-off period;
  4. regarding gambling and lotteries

ARTICLE 9 - PRICE

  1. During the period of validity specified in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates

  1. Notwithstanding the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no control, at variable prices. These fluctuations and the fact that the prices quoted are target prices will be mentioned in the offer.

  1. Price increases within 3 months after conclusion of the contract are only permitted if they are due to legal regulations or provisions.

  1. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has specified this and:
  2. if they result from legal regulations or provisions; or
  3. if the consumer is entitled to terminate the contract with effect from the day on which the price increase takes effect.

  1. The prices mentioned in the offer of the products or services are inclusive of VAT.

  1. All prices are subject to printing and typographical errors. No liability is assumed for the consequences of printing and typesetting errors. In the event of any printing or typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrectly printed price.

ARTICLE 10 - GUARANTEE AND CONFORMITY

  1. The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or suitability, the date of conclusion of the contract and existing statutory provisions and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

  1. A guarantee from the entrepreneur, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against the entrepreneur on the basis of the contract. An additional guarantee means any obligation on the part of the entrepreneur, his supplier, importer or manufacturer, by which he grants the consumer certain rights or claims, which go beyond what he is legally obliged to do if he has failed to perform his part of the contract .

  1. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery and returned in their original packaging and in new condition.

  1. The guarantee does not apply if:
  2. the consumer has repaired and/or processed the delivered products himself or had them repaired and/or processed by third parties;
  3. the delivered products have been exposed to atypical conditions or have otherwise been used carelessly or contrary to the instructions given by the entrepreneur and/or on the packaging;
  4. the defect is wholly or partly due to regulations that the government has issued or will issue in relation to the nature or quality of the materials used

ARTICLE 11 - DELIVERY AND PERFORMANCE

  1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when examining requests for the provision of services.

  1. The place of delivery is the address that the consumer has given to the entrepreneur.

  1. With due regard to the provisions of paragraph 4 of this article, the company will execute accepted orders without undue delay, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed or if an order is not or only partially executed, the consumer will be informed no later than 30 days after placing the order. In this case, the consumer has the right to dissolve the contract free of charge and to claim compensation.

  1. All delivery times are indicative and the consumer cannot derive any rights from any of these delivery times. Exceeding a deadline does not entitle the consumer to compensation.

  1. Following dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer without undue delay, but in any case within 14 days of dissolution.

  1. If the delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. At the latest upon delivery, the entrepreneur will indicate clearly and intelligibly that a replacement item has been delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs for a return are borne by the entrepreneur.

  1. The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a previously appointed and announced representative, unless expressly agreed otherwise.

ARTICLE 12 - STANDING ORDERS: DURATION, TERMINATION AND RENEWAL

Termination

  1. The consumer may at any time terminate an open-ended contract concluded for the regular delivery of products (including electricity) or services, subject to the agreed termination rules and a notice period not exceeding one month.

  1. The consumer may at any time terminate a fixed-term contract concluded for the regular delivery of products (including electricity) or services at the end of the term, subject to the agreed termination rules and a notice period not exceeding one month.

  1. The consumer can conclude the contracts referred to in the previous paragraphs:
  2. terminate at any time and shall not be limited to termination at a specific time or for a specific period;
  3. terminate in the same manner as they were concluded by him;
  4. always terminate with the same notice period that the entrepreneur has set for himself

extension

  1. A fixed-term contract concluded for the regular delivery of products (including electricity) or services cannot be renewed tacitly or for a specific period.

  1. Notwithstanding the previous paragraph, a fixed-term contract concluded for the regular delivery of daily or weekly newspapers or magazines may be tacitly extended for a specific period of no more than three months if the consumer terminates this extended contract at the end of the extension one month's notice.
  2. A fixed-term contract concluded for the regular delivery of goods or services may only be tacitly renewed for an indefinite period if the consumer can terminate the contract at any time by giving up to one month's notice. The notice period may not exceed three months if the contract provides for the regular delivery - less than once a month - of daily, news and weekly newspapers and magazines.

  1. A fixed-term contract concluded for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

duration

  1. If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of up to one month, unless reasonableness and fairness preclude termination before the end of the agreed period .

ARTICLE 13 - PAYMENT

  1. Unless otherwise provided in the contract or in the additional conditions, the amounts owed by the consumer must be paid within 7 days from the start of the reflection period, as described in Article 6, paragraph 1. In the case of a service contract, this period begins on the day the consumer received the confirmation of the contract.

  1. The consumer is obliged to immediately report inaccuracies in the payment details that he has provided or communicated to the entrepreneur.

  1. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer the reasonable costs announced in advance.

ARTICLE 14 - COMPLAINTS PROCEDURE

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

  1. Complaints about the performance of the contract must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.

  1. Complaints addressed 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 reply within the period of 14 days with an acknowledgment of receipt and an indication when the consumer can expect a more detailed answer

  1. If a complaint cannot be resolved amicably, a dispute arises that is subject to the dispute resolution procedure.

ARTICLE 15 - DISPUTES

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

ARTICLE 16 - ADDITIONAL OR OTHER PROVISIONS

Additional provisions or provisions that deviate from these general terms and conditions must not be to the detriment of the consumer and must be specified in writing or in any case in such a way that they can be stored by the consumer on a durable medium in an accessible manner.


SAMPLE CANCELLATION FORM

Only fill out this form and then send it back if you wish to revoke the contract.

- To:

Company name

address

zip code

email address

phone number

- I/we (*) hereby inform you that I/we (*) revoke my/our (*) contract for the purchase of the following goods/the provision of the following service (*) ( *):

- Ordered on (DD.MM.YYYY): - Order number:

- Received on (DD.MM.YYYY):

- Name(s) of consumer(s)

- Address of consumer(s):

- IBAN account number:

- Signature of consumer(s) (only if this form is submitted in paper form)

- Date (DD.MM.YYYY):

(*) Please delete where not applicable.

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