Article 1 – Definitions
In these conditions, the following definitions shall apply:
1 Grace period: the period during which the consumer can make use of his right of withdrawal;
2 Consumer: the natural person who is acting for purposes relating to his trade, business, craft or profession;
3 Day: calendar day;
4 Right of withdrawal: the ability of the consumer to within the cooling-off period opt out of the contract;
5 Entrepreneur: the natural or legal person who, (access to) digital content products and/or services at a distance to consumers;
Article 2 – identity of the entrepreneur
Return Address Shipments:
E-mail address: email@example.com
Commercial register: 65802187
VAT identification number: NL218691567B02
Article 3 – Applicability
1 These general conditions apply to all offers of the entrepreneur and on any distance contract concluded between entrepreneur and consumer.
2 Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will before the distance contract is concluded, which the General conditions at the entrepreneur and that at the request of the consumer as quickly as possible be sent free of charge.
3 If the distance contract is concluded electronically, then by way of derogation from the previous paragraph, and before the distance contract is concluded, the text of these general conditions to the consumer electronically will be made available in such a way that the consumer can easily stored on a durable medium. If this is not reasonably possible, will before the distance contract is concluded, be indicated where the General conditions by electronic means can be heard and that they are at the consumer’s request, by electronic means or otherwise will be sent free of charge.
4 In addition to these general conditions specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and the consumer in the event of conflicting conditions always rely on the applicable provision that is most favorable to him.
Article 4 – The offer
1 If an offer is subject to a 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 offered products, digital content and/or services. The description is sufficiently detailed to a proper assessment of the offer by the consumer as possible. If the entrepreneur uses pictures, these are a true reflection of the offered products, services and/or digital content. Obvious mistakes or obvious errors in the offer shall be binding on the entrepreneur.
3 Every offer will contain such information that clear to the consumer what rights and obligations are involved in accepting the offer.
Article 5 – The agreement
1 The agreement is subject to the provisions of paragraph 4, at the time the consumer accepts the offer and comply with the corresponding conditions.
2 If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the electronic acceptance of the offer.
3 If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will appropriate security measures.
4 The economic operator may within statutory frameworks – about the consumer’s ability to fulfill his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur on the basis of this research has good reasons not to go to the agreement, he is entitled to refuse an order or request or motivated to implement special conditions.
Article 6 – Right of withdrawal
1 The consumer may contract with respect to the purchase of a product during a cooling-off period of 14 days without giving any reason. The entrepreneur may ask the consumer to the reason of withdrawal, but this not to retire of his reason (s).
2 The cooling-off period starts on the day after the consumer, or on behalf of third party other than the carrier, the product has received, or:
▪ If the consumer has multiple products ordered in the same order: the day on which the consumer, or a third party designated by him, the final product has received. The entrepreneur may, provided that it the consumer here prior to the ordering process clearly informed about, an order of several products with different delivery time refuse.
▪ If the supply of a product consists of several consignments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or piece.
Article 7 – Obligations of the consumer during the cooling-off period
1 During this period the consumer shall handle with the product and its packaging. He will extract the product only to the extent necessary to the nature, characteristics and operation of the product. The starting point is that the consumer should only handle and inspect the product as he would in a store.
2 The consumer shall only be liable for depreciation of the product that is the result of a way of coping with the product that goes beyond allowed in paragraph 1.
Article 8 – Exercise of the right of withdrawal by the consumer and cost
1 If the consumer exercises his right of withdrawal, he reports this to the trader within the cooling-off period.
2 As fast as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall send the product back. The consumer has the return term in each case taken into account if he returns the product before the withdrawal period has expired.
3 The consumer shall send back the product with accessories, all supplied in original condition and packaging, and in accordance with the reasonable and clear instructions by the entrepreneur.
4 The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5 The consumer shall bear the direct cost of returning the product. If the entrepreneur has reported that the consumer has to bear these costs or if the entrepreneur indicates the costs themselves to wear, the consumer the cost to return not to wear.
6 If the consumer exercises his right of withdrawal, any ancillary contracts shall be automatically dissolved.
Article 9 – Obligations of the entrepreneur in the case of withdrawals
1 If the entrepreneur the notification of withdrawal by the consumer allows electronically, it sends an acknowledgement of receipt of this notification without delay.
2 The trader shall reimburse all payments from the consumer, including any delivery charges will be charged by the company for the returned product without delay, but within 14 days following the day on which the consumer him the withdrawal reports. Unless the entrepreneur offers the product itself to take away, he may hold off until he has received the product or to refund the consumer shows that he has returned the product, according to what time is earlier.
3 The entrepreneur used to refund the same method of payment that the consumer, unless the consumer consents to another method. The repayment 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 the additional costs for the more expensive method non-refundable.
Article 10 – Performance agreement and additional guaranteed
1 The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and on the date of the conclusion of the agreement existing legal provisions and/or Government regulations. If agreed, the entrepreneur also in that the product is suitable for other than normal use. The delivered products contain wood components. Wood is a natural product and there are always anomalies in and can cracks in Genesis.
2 A by the entrepreneur, his supplier, manufacturer or importer extra warranty limited never the legal rights and claims that the consumer under the agreement in front of the entrepreneur can do apply if the entrepreneur has been guilty of serious misconduct in the performance of his part of the agreement.
Article 11 – Delivery and execution
1 The trader will take the greatest possible care when receiving and implementing orders for products
2 The place of delivery is the address that the consumer to the entrepreneur.
3 Subject to what about this in article 4 of these general conditions, the entrepreneur accepted orders within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order is not or only partially carried out, the consumer of this no later than 30 days after the order was placed. The consumer in this case the right to terminate the contract without penalty and right to possible compensation.
4 After dissolution in accordance with the previous paragraph, the trader will refund the consumer with the sum paid without delay.
5 The risk of damage and/or loss of products rests with the trader up to the moment of delivery to the consumer to, unless otherwise expressly agreed.
Article 12 – Complaints procedure
1 The entrepreneur has a well-publicized complaints procedure and deals with the complaint in accordance with this complaints procedure.
2 Complaints about the performance of the contract should the defects after the consumer has found, fully and clearly described and submitted to the entrepreneur.
3 At the within a period of 14 days after the date of receipt. If a complaint longer processing time, the entrepreneur within the period of 14 days replied with a message of receipt and an indication when the consumer can expect a more detailed answer.
4 If the complaint is not within a reasonable time or within 3 months after the filing of the complaint cannot be resolved creates a dispute subject to the dispute resolution.
Article 13 – Disputes
1 On agreements between the entrepreneur and the consumer to which these general conditions relate, is exclusively Dutch law is applicable.
Article 14 – Additional or different terms
1 Additional or different terms these terms and conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can be stored in an accessible manner on a durable medium.