Terms and Conditions
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
Article 10- Conformity and guarantee
Article 11- Delivery and execution
Article 12- Duration transactions
Article 13- Payment
Article 14- Retention of title
Article 15- Complaints procedure
Article 16- Disputes
Article 17- Additional or different provisions
Article 18- Amendments to the MODINT Distance Selling Conditions for Consumers
In these terms and conditions, the terms listed below have the meaning stated below:
Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance agreement, with regard to a series of products, the delivery and / or purchase obligation of which is spread over time;
Sustainable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the cooling-off period;
Entrepreneur: the legal person who is a member of MODINT and offers remote products to consumers;
Distance agreement: an agreement whereby, in the context of a system for distance selling of products organized by the entrepreneur, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Technology for distance communication: means that can be used to conclude an agreement, without the consumer and trader being in the same place at the same time.
IDENTITY OF THE ENTREPRENEUR
Name of entrepreneur: Nederlandse Dassenfabriek Micro Verkoop BV
Location address: Hoofdweg 48 A, 2908 LC Capelle aan den Ijssel
Visiting address, if different from the location address:
Telephone number and time (s) at which the entrepreneur can be reached by telephone: telephone available on telephone number +31 10 264 38 88, from 9 a.m. to 5 p.m.
E-mail address: firstname.lastname@example.org
Chamber of Commerce number: 24147299
VAT identification number: NL006327370B01
MODINT membership number: 001734
a. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
b. Before the distance agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed by the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
c. 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 may be made available to the consumer electronically in such a way that the consumer can can be stored in a simple way on a durable data carrier. If this is not reasonably possible, it will be indicated before the agreement 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.
a. If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
b. The offer contains a complete and accurate description of the products offered. 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 offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
c. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
I. the price including taxes;
II. the possible costs of delivery;
III. the manner in which the agreement will be concluded and which actions are required for this;
IV. whether or not the right of withdrawal is applicable;
V. the method of payment, delivery and implementation of the agreement;
VI. the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
VII. the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
VIII. whether the agreement will be archived after its conclusion, and if so, how this can be accessed by the consumer;
IX. the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
X. any other languages in which, in addition to Dutch, the agreement can be concluded;
XI. the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically;
XII. the minimum duration of the distance agreement in the event of an extended transaction.
a. The agreement is concluded, subject to the provisions of paragraph d, at the moment the consumer accepts the offer and meets the corresponding conditions.
b. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can terminate the agreement.
c. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
d. The entrepreneur can - within the legal framework - inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a sound conclusion of the distance agreement. If on the basis of this investigation the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
e. The entrepreneur will send the following information with the product to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
I. the visiting address of the establishment of the entrepreneur where the consumer can handle complaints;
II. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
III. the information about guarantees and existing service after purchase;
IV. the information included in article 4 paragraph c of these terms and conditions, unless the trader has already provided this information to the consumer prior to the execution of the agreement;
V. the requirements for canceling the agreement if the agreement has a duration of more than one year or is of indefinite duration.
f. In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
RIGHT OF WITHDRAWAL
a. When purchasing products, the consumer has the option to dissolve the agreement for 14 days without giving any reason. This reflection period starts on the day following receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
b. 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 necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all supplied accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
COSTS IN THE EVENT OF WITHDRAWAL
a. If the consumer makes use of his right of withdrawal, the costs of the return shipment will be borne by the consumer at most.
b. If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 30 days after the return or cancellation.
EXCLUSION RIGHT OF WITHDRAWAL
a. The entrepreneur may exclude the consumer's right of withdrawal to the extent provided for in paragraph b. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least in time for the conclusion of the agreement.
b. Exclusion of the right of withdrawal is only possible for products:
I. that have been created by the entrepreneur in accordance with the consumer's specifications;
II. that are clearly of a personal nature;
III. that cannot be returned due to their nature;
IV. that can spoil or age quickly;
V. whose price depends on fluctuations in the financial market over which the entrepreneur has no influence.
a. During the validity period stated in the offer, the prices of the products offered are not increased, subject to price changes as a result of changes in VAT rates.
b. Contrary to the previous paragraph, the entrepreneur can offer products with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
c. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions;
d. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
I. these are the result of statutory regulations or provisions; or
II. the consumer has the power to cancel the contract with effect from the day the increase takes effect.
e. The prices stated in the range of products include VAT.
CONFORMITY AND WARRANTY
a. The entrepreneur guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions and / or existing legal provisions on the date of the conclusion of the agreement. government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
b. A guarantee 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.
DELIVERY AND IMPLEMENTATION
a. The trader will take the greatest possible care when receiving and when executing product orders.
b. The place of delivery is the address that the consumer has made known to the company.
c. Taking into account that which is stated in article 4 of these general terms and conditions, the company will execute accepted orders with due speed, though at the latest within 30 days, unless a longer 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 terminate the contract without costs and is entitled to any compensation. This damage can never be more than the value of the invoice.
d. In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 30 days after termination.
e. If delivery of an ordered product appears to be impossible, the entrepreneur will endeavor to make a replacement item available. At the latest at the delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of a possible return shipment are at the expense of the entrepreneur.
f. 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.
a. The consumer can cancel an agreement that has been entered into for an indefinite period of time with due observance of the agreed termination rules and a notice period of at most one month.
b. A contract that has been entered into for a definite period has a maximum duration of two years. If it has been agreed that the distance agreement will be extended if the consumer is silent, the agreement will be continued as an agreement for an indefinite period of time and the cancellation period after continuation of the agreement will be a maximum of one month.
a. Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period as referred to in article 6 paragraph a.
b. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. When prepayment has been stipulated, the consumer cannot assert any rights regarding the execution of the order before the stipulated prepayment has been made.
c. The consumer has the duty to immediately report inaccuracies in payment data provided or specified to the entrepreneur.
d. For payment by bank transfer or electronic payment, the date of payment is the date on which the relevant amount is credited to the entrepreneur's bank account.
e. The consumer who has not paid the amounts due by the due date as described in paragraph a of this article is in default, without any warning or notice of default being required, to the trader, except in cases described in article 15 paragraph d. From that moment, the consumer owes the statutory interest. The interest will be calculated on the claimable amount from the moment that the consumer is in default until the moment of payment of the full amount.
f. The consumer who is in default owes a fee to the entrepreneur for costs caused by his lack to cover the extrajudicial collection costs which, subject to legal restrictions, amounts to 15% of the principal sum owed, with a minimum of € 40.00 . All this is independent of any legal costs determined by the court if a claim has been handed over by the entrepreneur or a third party on behalf of the entrepreneur.
RETENTION OF TITLE
All products supplied by the entrepreneur in the context of the agreement remain the property of the entrepreneur until the consumer has properly fulfilled all obligations arising from the agreement (s) concluded with the entrepreneur.
a. The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
b. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time, but no later than within two months, after the consumer has found the defects.
c. Complaints submitted 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 respond within a period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
d. In the event of complaints, the consumer is only entitled to withhold that part of the invoice that is in reasonable proportion to the content and seriousness of the complaint. This does not release the consumer from his obligation to pay the remaining part of the invoice within the agreed period.
e. If the complaint cannot be resolved by mutual agreement, the dispute will be submitted to the competent court.
a. Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
b. Disputes between the consumer and the entrepreneur about the establishment or implementation of agreements with regard to products to be delivered or delivered by this entrepreneur will be submitted to the competent court.
c. If the consumer is not resident in the Netherlands, the trader will take the consumer to court before the court of his domicile under the law of the country where the consumer is resident, unless the consumer expressly prefers or cites. expressly agrees with proceedings under Dutch law for the court in the Netherlands that has jurisdiction over the place of business of the entrepreneur.
ADDITIONAL OR DIFFERENT PROVISIONS
a. 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 the consumer can store them in an accessible manner on a durable medium.
MODIFICATION OF THE MODINT CONDITIONS FOR DISTANCE SALE FOR CONSUMERS
Changes to these conditions are only effective after they have been published in the appropriate manner, provided that with appropriate changes during the term of an offer the most favorable provision will prevail.