Article 1 – Definitions
These conditions shall apply :
1. Entrepreneur: the natural or legal person who offers products and / or services to consumers ;
2. Consumer: the natural person not acting in the exercise of professional or business and a distance contract with the entrepreneur;
3. Distance contract : an agreement in the framework of a system organized by the Entrepreneur for distance sale of products and / or services , to conclude the agreement exclusive use of one or more means of distance communication ;
4. Technology for distance communication : means that can be used to conclude a contract , without the consumer and trader being in the same area have come together ;
5 . Grace period: The period during which the consumer can exercise his right of withdrawal ;
6. Right of withdrawal : the ability for the consumer to waive the distance contract within the cooling-off period ;
7. Day : calendar ;
8. Duration transaction : a distance contract concerning a range of products and / or services , the supply and / or purchase is spread over time ;
9. Durable medium : any means that the consumer or business that enables to store in a way that future consultation and unaltered reproduction of the stored information information that is personally addressed to him .
Article 2 – Identity of the trader
Owner: Patricia van Liemt
Chamber of Commerce number : 69850887
VAT number : CHE- 480.819.003
Article 3 – Applicability
1. These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance between businesses and consumers.
2. Before the distance contract is concluded, the text of these general conditions made available to the consumer . If this is not reasonably possible, before the distance contract is closed, indicating that the general conditions for the entrepreneur to see and they will be sent . As soon as possible free of charge on request of the consumer
3. If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions are set in such a way that the consumer made available electronically to the consumer a simple way can be stored on a durable medium . If this is not reasonably possible, before the distance contract is concluded , indicated where the general conditions electronically can be taken and that they electronically or otherwise will be sent free of charge. Requested by the consumer
4. In the event that in addition to these terms and conditions specific product or service conditions apply, the second and third paragraphs shall apply and the consumer in case of conflicting terms always rely on the applicable provision for him the most favorable is .
Article 4 – The offer
1. If an offer is of limited duration or subject to conditions , this will be explicitly stated in the offer .
2. The offer includes a complete and accurate description of the products and / or services . The description is sufficiently detailed to allow . A proper assessment of the offer by the consumer may If the contractor uses these images are a true representation of the products and / or services . Obvious mistakes or errors in the offer does not bind the entrepreneur.
3. Each offer contains such information that is clear to the consumer what rights and obligations are attached . To the acceptance of the offer This concerns in particular :
• the price including taxes ;
• any costs of delivery;
• how the agreement will be achieved and what actions are required;
• whether or not to apply the right of withdrawal ;
• the method of payment , delivery or performance of the contract;
• The deadline for accepting the offer , or the deadline for adhering to the price;
• the level of the rate of distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate;
• if the contract is filed after conclusion, how this can be accessed by the consumer;
• how the consumer can get , and the way he can recover before the contract is concluded at the height for concluding the agreement by him popular acts ;
• any languages, including Dutch , the contract can be concluded ;
• the conduct to which the trader is subject and the way the consumer can consult these behavioral codes electronically ; and
• the minimum duration of the distance contract in the event of a contract , including continuous or periodic delivery of products or services .
Article 5 – The contract
1. The agreement is subject to the provisions of paragraph 4, concluded at the time of the consumer accepts the offer and meet the corresponding conditions.
2. If the consumer electronically has accepted the offer, the trader will immediately confirm receipt of electronic acceptance of the offer . Until receipt of this acceptance has not been confirmed , the consumer may terminate 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 appropriate safety precautions.
4. The entrepreneur can – within the law – to inform whether the consumer can meet its payment obligations as well as all facts and factors that are important to a sound conclusion of the distance contract . If the operator under this investigation was justified in the agreement not to go, he is entitled to refuse or to attach . Specific conditions to implement an order or request
5 . The entrepreneur will the product or service to the consumer 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 visiting address of the establishment of the business where the consumer can lodge complaints ;
b . the conditions and how the consumers of the withdrawal right can be exercised, or a clear statement regarding the exclusion of the right of withdrawal ;
c . information on existing after sales service and guarantees;
d. the data contained in Article 4 paragraph 3 of these conditions , unless the trader has already provided before the execution of this contract information to the consumer ;
e . the requirements for termination of the contract if the contract is for more than one year or for an indefinite duration .
6. If the entrepreneur is committed to delivering a range of products or services, the provision in the preceding paragraph shall apply only to the first delivery .
Article 6 – Right of withdrawal upon delivery of products
1. When purchasing products , the consumer has the option to cancel within fourteen working days. Agreement without giving any reason This period starts on the day of receipt of the product by or on behalf of the consumer.
2. During this period the consumer will treat the product and packaging . He will be the product only unpack or use as necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal , will return the product with all accessories and – if reasonably possible – in the original condition and packaging to the Entrepreneur in accordance with the reasonable provided by the 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 30 days after the return or cancellation, refund .
Article 8 – Exclusion of right of withdrawal
1. If the consumer does not have a right of withdrawal , may be excluded by the entrepreneur entrepreneur for the conclusion of the contract refers . Clearly in the offer , at least in time
2. Exclusion of the right of withdrawal is only possible for products :
a) that have been made to the consumer’s specifications by the entrepreneur ;
b ) that are clearly personal in nature;
c ) that can not be returned . due to their nature
Article 9 – The price
1. During the period mentioned in the offer, the prices of the products and / or services have not increased , except for price changes resulting from changes in tax rates.
2. Notwithstanding the preceding paragraph can offer the business products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence , at variable prices . These fluctuations and the fact that any price targets, are stated in the offer .
3. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or stipulations .
4. Price increases from 3 months after the conclusion of the contract are only permitted if the trader stipulated as much and :
a) they are the result of legislation or regulations , or
b ) the consumer has the power to terminate at the date the increase takes effect.
5 . The prices indicated in the provision of products or services include VAT .
Article 10 – Compliance and Warranty
1. The trader guarantees that the products and / or services meet the contract specifications stated in the offer , the reasonable requirements of reliability and / or usability and existing on the date of the conclusion of the agreement existing legal provisions and / or government regulations .
2. An arrangement offered by the trader, manufacturer or importer does not affect the rights and claims that consumers in respect of a failure to fulfill the obligations of the employer against the employer may assert under the law and / or the distance contract .
Article 11 – Delivery and execution
1. It will be the greatest possible diligence 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 . Known to the company
3. Subject to what is stated in Article 4 of these terms and conditions the company accepted orders expeditiously but within 30 days unless a longer delivery period was agreed . If delivery is delayed, or if an order is not or only partially implemented, the consumer receives them no later than one month after the order message. The consumer in this case the right to terminate the contract without penalty and be entitled to any compensation.
4. In case of dissolution in accordance with the preceding paragraph, the operator the amount that consumers paid as soon as possible , but within 30 days after repudiation appearance.
5 . If delivery of an ordered product proves impossible , the trader will endeavor to make available. A replacement item Later than the delivery will be that a replacement item is delivered. Clear and comprehensible manner For replacement items right of withdrawal can not be excluded. The cost of return shipment shall be borne by the entrepreneur.
6. The risk of damage and / or loss of products until the moment of delivery to the consumer in the business, unless otherwise agreed .
Article 12 – Duration Transactions
1. The consumer may contract for indefinite always denounce the applicable termination rules and a notice of one month.
2. A contract for a definite period has a maximum duration of two years . If it is agreed that the silence of the consumer distance contract will be renewed, the contract will be continued as a contract for an indefinite period and will continue after the notice of the agreement up to a month .
Article 13 – Payment
1. Unless subsequently agreed the amounts owed by the consumer to be paid within fourteen days after delivery of the goods or in the case of a contract to provide a service , within 14 days after issuance of the documents relating to this .
2. When selling products to consumers never a prepayment of more than 50 % are stipulated . General conditions If payment is agreed , the consumer may apply regarding the execution of the order or service (s ) before the advance payment has been made . No right
3. The consumer has the duty to inaccuracies in data supplied or specified payment details . Immediately to the operator
4. In case of default by the consumer, the operator subject to legal restrictions , the right to charge . Advance to the consumer reasonable costs
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 should be submitted to the entrepreneur , after the consumer has discovered the defects . Promptly, fully and clearly described
3. Complaints submitted to the trader answered counted from the date of receipt . Within 14 days 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
Article 15 – Additional or different terms
Additional or different from these terms should not be to the detriment of the consumer and should be recorded in writing in such a way that they can be stored on a durable medium. Consumer in an accessible manner