Version 1.02 - Laast update: 26-10-2021
Table of Contents
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price / valuation / validity of the offer
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Liability for lost or damaged packages
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions
In these conditions, the following terms are understood to mean:
1. Cooling-off period: the period during which the consumer can exercise his right of withdrawal; Read all about the cooling-off period.
2. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Continuous performance contract: a distance contract relating to a series of products and/or services, the delivery and/or consumption obligation of which is spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the consumer's possibility to withdraw from the distance contract within the cooling-off period;
7. Model withdrawal form: the withdrawal form provided by the entrepreneur which a consumer can fill in if he wishes to exercise his right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the contract, exclusively through one or more means of distance communication;
10. Means of distance communication: means that can be used to conclude a contract, without the consumer and entrepreneur being together in the same space at the same time.
11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Verkopen.nl
De Zuivering 36
7671SP Vriezenveen
The Netherlands
E [email protected]
Chamber of Commerce (KVK) 71791884
VAT number NL858851222B01
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and orders placed between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur's premises and they will be sent to the consumer free of charge at his request as soon as possible.
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer.
3. Obvious errors or mistakes in the offer do not bind the entrepreneur.
1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions laid down.
2. If the consumer has accepted the offer electronically, the entrepreneur 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 may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this.
4. Within the framework of the law, the entrepreneur can inform himself - within the legal framework - whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the contract, he is entitled to refuse an order or request or to attach special conditions to its execution.
1. The consumer can dissolve an agreement relating to the purchase of a product within a cooling-off period of 30 days without giving any reason. The entrepreneur may ask the consumer for the reason for the withdrawal, but may not oblige him to provide his reasons.
2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may refuse an order for several products with different delivery times, provided that he has clearly informed the consumer of this prior to the order process.
b. in the case of delivery of a product consisting of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or part;
c. in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, received the first product.
3. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess the nature, characteristics, and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
4. The consumer is only liable for the depreciation of the product that is the result of handling the product in a way that goes beyond what is permitted in paragraph 3.
5. The consumer is not liable for the depreciation of the product if the entrepreneur has not provided him with all the legally required information about the right of withdrawal before the conclusion of the agreement.
6. If the consumer exercises his right of withdrawal, he will notify the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
1. If the consumer exercises his right of withdrawal, he shall bear no more than the costs of returning the goods.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. However, the condition for this is that the product has already been received back by the entrepreneur or conclusive proof of complete return can be provided.
3. The entrepreneur uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
1. The prices of the products and/or services offered will not be increased during the validity period stated in the offer, subject to price changes due to changes in VAT rates.
2. Contrary to 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 influence, with variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. these are the result of statutory regulations or provisions; or
b. the consumer has the authority to terminate the agreement from the day on which the price increase takes effect.
5. The prices stated in the range of products or services are including VAT.
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and/or government regulations.
2. A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. Return of the products must be in the original packaging and in new condition.
1. The entrepreneur 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 is the address that the consumer has made known to the company.
3. With due observance of what is stated in Article 4 of these General Terms and Conditions, the company will execute accepted orders with due speed, but no later than 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
5. If delivery of an ordered product proves impossible, the entrepreneur will strive to make a replacement article available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement article will be delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are at the expense of the entrepreneur.
The entrepreneur is not liable for any loss or damage to packages that are sent by mail or parcel service to the consumer. Once the entrepreneur has handed over the package to the mail or parcel service, the risk of loss or damage passes to the consumer.
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the event of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
1. Payment will be made within 1 working day. If an adjusted offer has been made, payment will be made within 1 working day after acceptance of the adjusted offer.
2. When payment has been made, the purchase is final and it is no longer possible to receive the device back.
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
5. In case of complaints, a consumer must first contact the entrepreneur. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr). The webshop is currently not affiliated with a quality mark with a dispute committee.
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his option, replace or repair the delivered products free of charge.
1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
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