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REVIEW
Article 1 - Definitions
The following definitions apply in these regulations:
Withdrawal Period: the period during which the consumer may exercise the right of withdrawal from the contract;
Consumer: a natural person who does not exercise a profession or business activity and who concludes a distance contract with a trader;
Dzień: calendar day;
Fixed-term transaction: a distance contract concerning a series of products and/or services for which the obligation to deliver and/or purchase is spread over time.
The obligation to deliver and/or purchase is spread over time;
Durable data carrier: any means that enable the consumer or trader to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from a distance contract during the withdrawal period;
Entrepreneur: a natural or legal person offering products and/or services to consumers at a distance;
Distance contract: a contract under which, within the framework of a system for the distance sale of products and/or services organised by the entrepreneur, up to and including the conclusion of the contract, only one or more techniques of distance communication are used;
Distance communication technique: means that can be used to conclude a contract without the consumer and the 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 trader
Email address: legalnoticelvd@gmail.com
Chamber of Commerce number: 91426561
Btw: NL004890569B60
Article 3 - Applicability
These general terms and conditions apply to every offer by the trader and to every distance contract and order concluded between the trader and the consumer.
Before concluding the distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before concluding the distance contract that the general terms and conditions can be viewed at the trader's registered office and will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph, and before concluding the distance contract, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before concluding the distance contract where the general terms and conditions can be viewed electronically and that they will be sent electronically or in another free way upon request.
If, in addition to these general terms and conditions, specific product or service-related terms and conditions apply, the second and third paragraphs shall apply accordingly. In the event of conflicting general terms and conditions, the consumer may 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 void, the contract and these terms and conditions shall remain in force, and the provision in question shall be replaced immediately by a provision that comes as close as possible to the original provision by mutual consent.
Situations not covered by these general terms and conditions should be assessed "in the spirit" of these general terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted "in the spirit" of these general terms and conditions.
Article 4 - Offer
If an offer has a limited validity period or is subject to conditions, this will be expressly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
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 properly evaluate the offer.
The offer by the consumer is as accurate as possible. If the trader uses images, they are a true representation of the products and/or services offered. Obvious errors or obvious mistakes in the offer do not bind the trader.
All images, specifications, and data in the offer are indicative and cannot constitute grounds for compensation or termination of the contract.
Product images are a true representation of the products offered. The trader cannot guarantee that the colors displayed exactly match the actual colors of the products.
Each offer contains information to make it clear to the consumer what rights and obligations are associated with accepting the offer. This applies in particular to:
Prices, excluding customs clearance costs and import VAT. These additional costs will be borne at the customer's expense and risk. The postal and/or courier service will use the special regulations for postal and courier services regarding imports. This regime applies if the goods are imported into an EU destination country, which is the case here. The postal or courier service collects VAT (along with customs clearance fees) from the recipient of the goods;
Any shipping costs;
The manner in which the contract will be concluded and what actions are required for this purpose;
Whether the right of withdrawal applies;
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 rate for distance communication, if the costs of using the distance communication technique are calculated on a basis other than the usual basic rate for the means of communication used;
whether the contract is archived after its conclusion, and if so, how the consumer can review it;
the way in which the consumer can check the data they have provided under the contract before concluding the contract.
can check and, if necessary, correct the data they have provided under the contract.
Any languages other than Dutch in which the contract can be concluded;
Codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
The minimum duration of the distance contract in the case of fixed-term transactions. Optional: available sizes, colors, type of materials.
Article 5 - Contract
Subject to the provisions of paragraph 4, the contract comes into effect when the consumer accepts the offer and meets the conditions specified therein.
If the consumer accepts the offer electronically, the entrepreneur will immediately confirm acceptance of the offer electronically. Until receipt of this acceptance is confirmed by the entrepreneur, the consumer may terminate the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect electronic data transmission and ensure a secure online environment. If the consumer can pay electronically, the entrepreneur will comply with appropriate security measures.
The entrepreneur may, within the legal framework, inquire whether the consumer can meet his or her payment obligations, as well as all facts and factors that are important for the responsible conclusion of the distance contract. If, based on this examination, the entrepreneur has legitimate grounds not to conclude the contract, he or she has the right to reject the order or application or to attach special conditions to its implementation, stating the reasons.
The entrepreneur will provide the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
5. Requirements for terminating the contract if the contract is concluded for a period longer than one year or for an indefinite period.
In the case of fixed-term contracts, the provisions of the previous paragraph apply only to the first delivery.
Each contract is concluded under the condition that the relevant products are not sufficiently available.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option of terminating the contract without giving any reason within a period of 14 days. This cooling-off period begins the day after the consumer or a representative designated in advance by the consumer and communicated to the trader receives the product.
During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all supplied accessories and - if possible - in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise the right of withdrawal, they must inform the trader within 14 days of receiving the product. The consumer must inform the trader by written communication/email. After the consumer declares that they wish to exercise the right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, e.g., by providing proof of shipment.
If the consumer has not expressed a wish to exercise the right of withdrawal or has not returned the product to the trader after the deadlines specified in paragraphs 1 and 2 have elapsed, 2 and 3, the purchase is made.
Article 7 - Costs in the event of withdrawal
If the consumer exercises the right of withdrawal, the costs of returning the products are borne by the consumer.
If the consumer has paid an amount, the trader will refund this amount as soon as possible, but at the latest within 14 days of withdrawal. This is subject to the condition that the product has already been received by the trader or that conclusive proof of full return can be provided.
Article 8 - Exclusion of the right of withdrawal
The trader may exclude the consumer's right of withdrawal in the case of products described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if
the trader has expressly stated this in the offer, at least in good time before the conclusion of the contract. Exclusion of the right of withdrawal is only possible in the case of products
Exclusion of the right of withdrawal is only possible in the case of services
Article 9 - Price
During the validity period specified in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
Unlike the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market beyond the Entrepreneur's control, with variable prices. This connection to fluctuations and the fact that any prices listed are target prices will be specified in the offer.
Price increases within 3 months of conclusion of the contract are only permitted if they result from statutory or regulatory provisions.
Price increases after 3 months of conclusion of the contract are only permitted if the Entrepreneur has stipulated this and:
According to Section 5(1) of the Turnover Tax Act 1968, delivery takes place in the country where the transport begins. In this case, this delivery takes place outside the EU. Therefore, the postal or courier company will charge the customer import VAT or customs clearance fees. Therefore, the entrepreneur will not charge VAT.
All prices may contain printing errors. We are not liable for the consequences of printing or typesetting errors. In the event of printing or typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications set out in the offer, the reasonable requirements of reliability and/or usability, and the applicable statutory and/or governmental regulations on the date of conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A warranty provided by the trader, manufacturer, or importer does not affect the rights and claims that the consumer may assert against the trader under the contract.
Any defective or incorrectly delivered products must be reported to the trader in writing within 14 days of delivery. Returned products must be in their original packaging and in new condition.
The trader's warranty period corresponds to the factory warranty period. However, the trader is never liable for the ultimate suitability of the products for each individual use by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if
The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or otherwise handled negligently or not in accordance with the trader's instructions and/or on the packaging;
The inadequacy 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 Implementation
The entrepreneur will use its best efforts when accepting and executing product orders.
Subject to the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders promptly, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period.
If delivery is delayed or if the order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed of this no later than 30 days after placing the order. In such a case, the consumer has the right to terminate the contract free of charge and is entitled to any compensation.
In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as quickly as possible, but no later than 14 days after termination.
If delivery of the ordered product proves impossible, the entrepreneur will endeavor to deliver a replacement item. It will be clearly and comprehensibly stated at the time of delivery at the latest that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of return shipping are borne by the entrepreneur.
The risk of damage and/or loss of the products rests with the entrepreneur until delivery to the consumer or a representative designated in advance and notified to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Duration of the transaction: duration, termination and extension
Termination
The consumer may terminate a contract for an indefinite period, which was concluded for
the regular supply of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period not exceeding one month.
The consumer may terminate a contract for a fixed period, which was concluded for the regular supply of products (including electricity) or services, at any time at the end of the agreed period in accordance with the applicable termination rules and a notice period not exceeding one month.
Consumers may terminate the contracts referred to in the previous paragraphs:
terminate at any time and not be limited to termination at a specific time or within a specific period;
at least terminate them in the same way in which they were concluded; always terminate them with the same notice period as the entrepreneur has provided for himself.
the entrepreneur has foreseen for himself. Extension
A fixed-term contract concluded for the regular supply of products (including electricity) or services cannot be tacitly extended or renewed for a fixed period.
Notwithstanding the previous paragraph, a fixed-term contract concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly extended for a fixed period not exceeding three months if the consumer can terminate the extended contract before the end of the extension by giving a notice period of no more than one month.
A fixed-term contract concluded for the regular supply of products or services may be tacitly extended for an indefinite period only if the consumer can terminate it at any time by giving a notice period of no more than one month, and a notice period of no more than three months if the contract concerns the regular supply of daily or weekly newspapers and magazines, but less than once a month.
A fixed-term contract for the regular delivery of daily
(trial or introductory subscription) is not tacitly continued and expires automatically upon expiry of the trial or introductory period.
Duration
If the contract lasts longer than one year, after one year the consumer may terminate the contract at any time by giving one month's notice, unless reasonableness and fairness preclude termination before the end of the agreed period.
Article 13 - Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days of the commencement of the cooling-off period referred to in Article 6, paragraph 1. In the case of a service contract, this period begins after the consumer receives confirmation of the contract.
received.
The consumer is obligated to immediately report any inaccuracies in the payment details provided or exchanged to the trader.
In the event of non-payment by the consumer, the trader is entitled, subject to legal restrictions, to charge reasonable costs, of which the consumer has been informed in advance.
Article 14 - Complaints Procedure
Complaints regarding the performance of the contract must be submitted to the trader within 7 days, fully and clearly described, after the consumer has discovered the defects.
Complaints submitted to the trader will be processed within 14 days of receipt. If the complaint requires a foreseeable longer processing time, the trader will respond within 14 days, notifying the consumer of its receipt and indicating when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises, which is subject to the dispute resolution procedure.
A complaint does not suspend the entrepreneur's obligations unless the entrepreneur states otherwise in writing.
If the complaint is deemed justified by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.
Article 15 - Disputes
For contracts between the entrepreneur and the consumer to which these general terms and conditions apply, only Dutch law applies. Even if the consumer lives abroad.