GENERAL TERMS AND CONDITIONS
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 - Obligations of the consumer during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur in the event of withdrawal< p> Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Compliance and extra guarantee
Article 13 - Delivery and execution
Article 14 - Duration transactions: duration, cancellation and extension
Article 15 - Payment
Article 16 - Complaints
Article 17 - Disputes
Article 18 - Additional or different provisions
Article 19: Payment methods from Klarna
Article 1 - Definition s
In these terms and conditions, the following definitions apply:
- Additional agreement : an agreement whereby the consumer has products, digital content and / or or acquires services in connection with a distance agreement and these goods, digital content and / or services are provided by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
- < strong> Cooling off period : the period within which the consumer can exercise his right of withdrawal;
- Consumer : the natural person who does not act for purposes related to his trade , business, craft or professional activity;
- Day : calendar day;
- Digital content : data in digital form produced and delivered;
- Duration agreement : an agreement that extends to the regular delivery of goods, services and / or digital hold for a certain period of time;
- Sustainable data carrier : any tool - including e-mail - that enables the consumer or entrepreneur to provide information that is addressed to him personally, save in a way that allows future consultation or use for a period that is tailored to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
- Right of withdrawal strong>: the ability of the consumer to cancel the distance agreement within the cooling-off period;
- Entrepreneur : the natural or legal person who offers products, (access to) digital content and / or offers remote services to consumers;
- Distance agreement : an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and / or services whereby, up to and including the conclusion of the agreement, use is made solely or jointly of one or more remote communication techniques;
- Model withdrawal form : the in Annex European model form for withdrawal included in these conditions. Annex I does not have to be made available if the consumer does not have a right of withdrawal with regard to his order;
- Technology for distance communication : means that can be used to close an agreement, without the consumer and trader having to be in the same place at the same time.
Article 2 - Entrepreneur's identity < / p>
SvenLars (statutory name, possibly supplemented with trade name);
Loofhout 35, 4871WP Etten-Leur
0031631538517: available from Monday to Friday between 09:00 and 18:00 hrs.
E-mail address: email@example.com
Chamber of Commerce number: 76166597
VAT identification number: NL215547792B01< p>
If the entrepreneur's activity is subject to a relevant licensing system: the
data on the supervisory authority.
If the entrepreneur carries out a regulated profession:
- d e professional association or organization with which it is affiliated;
- the professional title, the place in the EU or the European Economic Area where it is granted;
- a reference to the professional rules that apply in the Netherlands apply and instructions where and how these professional rules are accessible.
Article 3 - Applicability
- < li> These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
- Before the distance contract is concluded, the text of these general terms and conditions is to the consumermade possible. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer. >
- If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that they can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be read electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer. < / li>
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting conditions the consumer can always invoke the applicable provision that best for him.
Article 4 - < strong> The offer
- If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer. < li> The offer contains a complete and accurate description of the offer oden products, digital content and / or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and / or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. < / li>
Article 5 - The agreement
- The agreement comes subject to the provisions of paragraph 4, established at the time the consumer accepts the offer and meets the corresponding conditions.
- If the consumer has accepted the offer electronically, the entrepreneur immediately confirms electronically the receipt of acceptance of the offer. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can terminate the agreement.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
- The entrepreneur can - within the law - inform himself if the consumer can meet his payment obligations, and of all those facts. and factors that are important for a responsible conclusion of the distance agreement. If on the basis of this investigation the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
- delivery of the product, service or digital content to the consumer the following information, in writing or in such a way that it can be stored in an accessible manner by the consumer on a durable medium, send:
- the visiting address of the establishment of the entrepreneur where the consumer can lodge complaints;
- the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information about guarantees and existing after-sales service;
- the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or implementation of the distance agreement;
- the requirements for canceling the agreement if the agreement has a duration of more than one year or is of indefinite duration;
- if the consumer has a right of withdrawal, the model form for withdrawal.
- In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 - Hervocation right
- The consumer can make an agreement regarding the purchase of dissolve a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but does not oblige this to state his reason (s).
- The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a prior third party designated by the consumer, who is not the carrier, has received the product, or:
- 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, provided that he has clearly informed the consumer prior to the ordering process, refuse an order for several products with different delivery times.
- if the delivery of a product consists of different shipments or parts : the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
- for agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content that are not in a material carrier has been delivered:
- The consumer can have a service agreement and an agreement for the delivery of digital content that has not been delivered on a material carrier for at least 14 days without giving up dissolve reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but does not oblige this to state his reason (s).
- The cooling-off period referred to in paragraph 3 starts on the day following the closing of the agreement.
Extended cooling-off period for products, services and digital content that has not been supplied on a tangible medium if the right of withdrawal is not informed:
- If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling-off period ends twelve months after the end of the original, in accordance with the cooling-off period specified in the previous paragraphs of this article.
- If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months of the starting date of the original cooling-off period, the cooling-off period expires 14 days after the day. on which the consumer provides that information has received.
Article 7 - < span> Obligations of the consumer during the cooling-off period
- During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent that is necessary to determine the nature, characteristics and operation 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.
- The consumer is only liable for value reduction of the product that is the result of a manner of handling with the product that goes beyond what is permitted in paragraph 1.
- The consumer is not liable for value reduction of the product if the entrepreneur does not have all legally required information about the right of withdrawal before or at the conclusion of the agreement provided.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
- If the consumer makes use of his right of withdrawal, he will report this within the cooling-off period using the model withdrawal form or in another unambiguous way to the entrepreneur.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer sends the product back, or he hands it to (an agent of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in anythat the consumer must bear these costs or if the entrepreneur indicates to bear the costs themselves, the consumer does not have to bear the costs for return.
- If the consumer revokes after having first explicitly requested that the transaction the service or delivery of gas, water or electricity that are not made ready for sale in a limited volume or certain quantity commences during the cooling-off period, the consumer owes the trader an amount that is proportional to that part of the commitment that the Entrepreneur has fulfilled at the time of withdrawal, compared to full compliance with the commitment.
- The consumer does not bear any costs for the performance of services or the supply of water, gas or electricity that is not ready for sale are made in a limited volume or quantity, or for the supply of district heating, if:
- the entrepreneur the consumer the legally required information about the re exercise right, the reimbursement of costs in case of withdrawal or the model form for withdrawal has not provided, or; has requested.
- The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
- he did not explicitly agree prior to its delivery with the commencement of the performance of the agreement before the end of the reflection period;
- he has not acknowledged losing his right of withdrawal when granting his permission; or
- the entrepreneur has neglected to confirm this statement from the consumer.
- If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law. ol>
- If the trader reports the withdrawal by the consumer on electronic possible, he will immediately send a confirmation of receipt upon receipt of this notification.
- The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the cancellation. Unless the entrepreneur offers to collect the product himself, he may wait to pay back until he has received the product or until the consumer demonstrates that he has sent back the product, whichever is the earlier.
- The entrepreneur uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. Reimbursement is free of charge for the consumer.
- 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.
- Products or services whose price depends on fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
- Agreements concluded during a public auction. A public auction means a sales method in which products, digital content and / or services are offered by the entrepreneur to the consumer who is present in person or who is given the opportunity to be present in person at the auction, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and / or services;
- Service contracts, after full performance of the service, but only if:
- the performance has begun with ethis is provided for;
- Products manufactured according to specifications of the consumer, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed products that for reasons of health protection or hygiene are not suitable for being returned and whose seal has been broken after delivery; / li>
- Products that by nature are irrevocably mixed with other products after delivery;
- Alcoholic beverages whose price was agreed upon conclusion of the agreement, but the delivery of which can only take place after 30 days, the actual value of which depends on fluctuations in the market over which the trader has no influence;
- Sealed audio, video recordings and computer software, the seal after delivery has been broken;
- Newspapers, magazines or magazines, with the exception of subscriptions to them;
- The delivery of digital content other than on a tangible medium, but only if: li>
- the implementation has begun with the express prior consent of the consumer; and
- the consumer has stated that he thereby loses his right of withdrawal.
- During the validity period stated in the offer, the prices of the offered products and / or services not increased, except for price changes as a result of 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 and where the entrepreneur has no influence, offering variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions .
- Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- these are the result of statutory regulations or provisions; or
- the consumer has the power to cancel the agreement with effect from the day the price increase takes effect.
- The prices stated in the offer of products or services include VAT. < / li>
- The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, and the reasonable requirements of reliability and / or usability and the legal provisions and / or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the the consumer can assert against the trader on the basis of the agreement if the trader has failed to fulfill his part of the agreement.
- An additional guarantee is understood to mean any commitment of the trader, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what is legally required in case he has failed to fulfill his part of the agreement.
- The entrepreneur will exercise the greatest possible care ne when receiving and executing product orders and when assessing requests to provide services.
- The place of delivery is the address that the consuwithout dissolving costs and entitled to possible compensation.
- After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
- The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
- The consumer can enter into an agreement that has been entered into for an indefinite period of time and that extends to the regular delivery of products (including electricity) or services, cancel at all times with due observance of agreed cancellation rules and a cancellation period of at most one month.
- The consumer can terminate an agreement for a definite period of time and which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the specified period, with due observance of the agreed termination rules and a notice period of at most one month .
- The consumer can:
- cancel the agreements mentioned in the previous paragraphs at any time and not be limited to cancellation at a certain time or in a certain period; < li> cancel at least in the same way as they are entered into by him;
- always cancel with the same cancellation period as the entrepreneur has stipulated for himself.
- An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a limited duration.
- By way of derogation from the previous paragraph, an agreement that has been entered into for a definite period of time and that extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a specific duration of a maximum of three months, if the consumer can cancel this extended agreement by the end of the extension with a notice period of one month at most.
- An agreement that has been entered into for a definite period of time and that extends to the regular delivery of products or services, may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of at most one month. The notice period is a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
- A limited-term agreement until settled for introduction, delivering daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
- If a contract has a duration of more than one year, the consumer may after one year the contract at any time with a notice period of at most one cancel the month, unless reasonableness and fairness preclude cancellation before the end of the agreed duration.
- Unless otherwise provided in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the cooling-off period commences, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer has received the confirmation of the agreement.
- When selling products to consumers, the consumer may enter into general terms and conditions never be obliged to pay more than 50% in advance. When prepayment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service (s) before the stipulated prand the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the following € 2,500 and 5% over the following € 5,000 with a minimum of € 40. The entrepreneur can deviate from the stated amounts and percentages for the benefit of the consumer.
- The entrepreneur has a well-publicized complaints and deals with complaints under this procedure. < / li>
- Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
- Complaints submitted to the entrepreneur must be submitted within a period of 14 days from the date of receipt answered. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within a period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
- The consumer serves the entrepreneur allow at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute settlement.
- Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. < / ol>
Article 9 - Obligations of the trader in case of withdrawal
Article 10 - Exclusion of the right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly stated this in the offer, at least in time for the conclusion of the agreement: p >
Article 11 < / strong> - The price
Article 12 - span > Compliance with agreement and extra guarantee
Article 13 - Delivery and implementation
Article 14 - Duration transactions: duration, cancellation and renewal
Article 15 - Payment
Article 16 < strong> - Complaints procedure
Article 17 - Geschillen
Article 18 - Additional or different Provisions
Additional or deviating provisions from these 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 accessed by the consumer in an accessible manner. are stored on a durable data carrier.
Annex I : Model withdrawal form
Model cancellation form
(only complete and return this form if you want to cancel the agreement )
- To: [entrepreneur's name] < / li>
[entrepreneur's geographical address]
[entrepreneur's fax number, if available]
[e-mail address or electronic address of entrepreneur]
- I / We * hereby inform you that I / we * our agreement on
the sale of the following products: [product description] *
the delivery of the following digital content: [digital content designation] * p>
the provision of the following service: [designation service] *,
revoked / revoked *
- Ordered on * / received on * [order date at services or reception with products]
- [Name of consumers]
- [Consumer (s) signature] (only when this form is submitted on paper) ul >
- The consumer is obliged to make inaccuracies in information provided or reported payment details to the entrepreneur immediately.
- If the consumer does not meet his payment obligation (s) in time, this is, after he has been informed by the entrepreneur of the late payment and the entrepreneur informs the consumer has granted a 14-day period to still meet its payment obligations, after failure to pay within this 14-day period, the statutory interest on the outstanding amountmer has made known to the entrepreneur. < / li>
- Taking into account what is stated about this in article 4 of these general terms and conditions, the trader will execute accepted orders with due speed but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, 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 the contractxplicit the consumer's prior consent; and
- the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully executed the agreement;
- Package tours as referred to in article 7: 500 of the Dutch Civil Code and agreements for passenger transport; li >
- Service contracts for the provision of accommodation, if a specific date or period of execution is foreseen in the contract and other than for residential purposes, goods transport, car rental services and catering;
- Leisure activities, as in the agreement a specific date or period of execution case observed the return period if he returns the product before the cooling-off period has expired.
- The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer bears the direct costs of returning the product. If the entrepreneur has not reported
* Delete what does not apply or enter as appropriate.
Article 19: Payment methods from Klarna
Payment methods from Klarna
In collaboration with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment method (s). Payment must be made to Klarna.
You will find more information in the . General information about Klarna can be found . Your personal data will be collected by Klarna in accordance with the applicable Personal Data Protection Act and as described in processed.
epayment has been made.