Artists, this is who we are.
General 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 revocation
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions
Article 1 - Definitions
In these terms and conditions the following terms shall have the following meanings:
1.
Reflection period: the period within which the consumer can make use of his
right of withdrawal;
2.
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3.
Day: calendar day;
4.
Duration transaction: a distance contract relating to a series of
products and/or services, the delivery and/or purchase obligation of which is spread over time;
5.
Durable medium: any instrument that enables the consumer or entrepreneur
to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information.
6.
Right of withdrawal: the possibility for the consumer to cancel within the cooling-off period
to view the distance contract;
7.
Model form: the model form for withdrawal that the entrepreneur must use
provides a form that a consumer can fill in when he wants to use
of his right of withdrawal.
8.
Entrepreneur: the natural or legal person who offers products and/or services on
offers distance to consumers;
9.
Distance contract: an agreement whereby, within the framework of a distance contract,
the entrepreneur organizes a system for the distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
10.
Distance communication technology: means that can be used for
the conclusion of an agreement without the consumer and entrepreneur being in the same room at the same time.
11.
General Terms and Conditions: these General Terms and Conditions of the
entrepreneur.
Article 2 – Identity of the entrepreneur
1.
ARTISTA's
2.
VAT BE.1016.245.145, Dilsen-Stokkem - Rijksweg 443, tel. +32492756868, hello@artistas.be
Article 3 - Applicability
1.
These general terms and conditions apply to every offer from the
entrepreneur and on every distance contract concluded and
orders between entrepreneur and consumer.
2.
Before the distance contract is concluded, the text of this
general terms and conditions made available to the consumer. If this
is not reasonably possible, before the distance contract is concluded
closed, it is indicated that the general terms and conditions are with the entrepreneur
can be viewed and, at the consumer's request, they will be sent free of charge as soon as possible
will be sent.
3.
If the distance contract is concluded electronically, the following may be deviated from:
of the previous paragraph and before the distance contract is concluded, the text
of these general terms and conditions electronically to the consumer.
be made available in such a way that it can be easily stored by the consumer on a durable data carrier.
If this is not reasonably possible, before the distance contract
is closed, it is indicated where the general terms and conditions apply
can be consulted electronically and that they can be made available upon request of the
will be provided to the consumer free of charge electronically or otherwise
sent.
4.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs of
corresponding application and, in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favourable to him.
5.
If one or more provisions in these general terms and conditions apply in any way
moment are wholly or partially null and void or are annulled, the
agreement and these terms and conditions shall otherwise remain in force and the provision in question shall be replaced without delay by mutual agreement by a provision that approximates the purport of the original as closely as possible.
6.
Situations that are not covered by these general terms and conditions must be
assessed 'in the spirit' of these general terms and conditions.
7.
Uncertainties regarding the interpretation or content of one or more provisions of
our terms and conditions shall be interpreted 'in the spirit' of these general terms and conditions.
Article 4 - The offer
1.
If an offer has a limited period of validity or is subject to conditions
If this occurs, this will be explicitly stated in the offer.
2.
The offer is without obligation. The entrepreneur is entitled to change the offer and
to adjust.
3.
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 assess the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
4.
All images, specifications and data in the offer are indicative and may
not give rise to compensation or termination of the agreement.
5.
Images of products are a true representation of the
products offered. Entrepreneur cannot guarantee that the displayed
colours exactly match the real colours of the products.
6.
Each offer contains such information that it is clear to the consumer what the
rights and obligations that are attached to the acceptance of the offer
connected. This concerns in particular:
◦
the price including taxes;
◦
any shipping costs;
◦
the manner in which the agreement will be concluded and which actions
are necessary for this;
◦
whether or not the right of withdrawal applies;
◦
the method of payment, delivery and execution of the agreement;
•
the period for accepting the offer, or the period within which the
entrepreneur guarantees the price;
•
the amount of the rate for distance communication if the costs of the
use of the technology for remote communication are calculated on a
other basis than the regular basic rate for the means of communication used;
•
whether the agreement is archived after it has been concluded, and if so, in what way
how this can be consulted by the consumer;
•
the manner in which the consumer, before concluding the agreement,
can check the data provided to him in the context of the agreement and
restore if desired;
•
any other languages in which, in addition to Dutch, the agreement may be concluded
are closed;
•
the codes of conduct to which the entrepreneur has submitted and the manner
where the consumer can access these codes of conduct electronically
consult; and
•
the minimum duration of the distance contract in the event of a continuous transaction.
•
Available sizes, colours, types of materials.
Article 5 - The Agreement
1.
Subject to the provisions of paragraph 4, the agreement shall be concluded on
the moment the consumer accepts the offer and complies
to the conditions set therein.
2.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the offer electronically.
acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3.
If the agreement is concluded electronically, the entrepreneur 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 entrepreneur will take appropriate security measures.
4.
The entrepreneur can - within legal frameworks - inquire whether the
consumer can meet his payment obligations, as well as all those facts
and factors that are important for a responsible approach to the
distance contract. If the entrepreneur, based on this investigation, has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5.
The entrepreneur will provide the consumer with the following when delivering the product or service:
information, in writing or in such a way that it can be used by the consumer
accessible manner can be stored on a durable data carrier,
send along:
6.
the visiting address of the establishment of the entrepreneur where the consumer
complaints can be lodged;
7.
the conditions under which and the manner in which the consumer benefits from the
right of withdrawal, or a clear statement regarding the
are excluded from the right of withdrawal;
8.
the information about guarantees and existing after-sales service;
9.
the data included in Article 4 paragraph 3 of these terms and conditions, unless the
the entrepreneur has already provided this information to the consumer before the agreement was executed;
10.
the requirements for terminating the agreement if the agreement is a
has a duration of more than one year or is of indefinite duration.
11.
In the case of a long-term transaction, the provision in the previous paragraph only applies
applicable to the first delivery.
12.
Each agreement is entered into subject to the conditions precedent of
sufficient availability of the products concerned.
Article 6 - Right of withdrawal
Upon delivery of products:
1.
When purchasing products, the consumer has the option
to terminate the agreement without giving any reason within 14 days.
This reflection period commences on the day after the product has been received by the
consumer or a person designated in advance by the consumer and provided to the entrepreneur
announced representative.
2.
During the cooling-off period, the consumer will handle the product and the
packaging. He will only unpack or use the product to the extent necessary
to the extent necessary to assess whether he wishes to keep the product.
If he exercises his right of withdrawal, he will return the product with all
supplied accessories and - if reasonably possible - in the original condition and
return the packaging to the entrepreneur, in accordance with the entrepreneur's instructions
provided reasonable and clear instructions.
3.
If the consumer wishes to exercise his right of withdrawal, he is
obliged to make this known to the entrepreneur within 14 days after receiving the product. The consumer must make this known by means of the
model form. After the consumer has indicated that he/she wishes to use
To exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were received on time.
returned, for example by means of proof of shipment.
4.
If the customer does not make this known after the expiry of the periods mentioned in paragraphs 2 and 3,
has made use of his right of withdrawal or the product
If the goods have not been returned to the entrepreneur, the purchase is a fact.
When providing services:
1.
When delivering services, the consumer has the option to cancel the agreement
to cancel without giving any reason for at least 14 days,
effective on the date the agreement is concluded.
2.
To exercise his right of withdrawal, the consumer will refer to
the information provided by the entrepreneur in the offer and/or at the latest upon delivery
provided reasonable and clear instructions.
Article 7 - Costs in case of revocation
1.
If the consumer exercises his right of withdrawal, he will be responsible for at most the costs of return.
2.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible
as soon as possible, but no later than 14 days after cancellation, refund.
The condition is that the product has already been received back by the
web retailer or conclusive proof of complete return can be provided.
Refunds will be made using the same payment method used by the consumer unless the consumer expressly agrees to a different payment method.
payment method.
3.
In case of damage to the product due to careless handling by the consumer
the consumer is liable for any decrease in value of the
product.
4.
The consumer cannot be held liable for any diminished value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, which must be done before concluding the purchase agreement.
Article 8 - Exclusion of the right of withdrawal
1.
The entrepreneur can exclude the consumer's right of withdrawal for
products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal
only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
2.
Exclusion of the right of withdrawal is only possible for products:
3.
which have been created by the entrepreneur in accordance with the consumer's specifications;
4.
that are clearly personal in nature;
5.
which by their nature cannot be returned;
6.
that can spoil or become outdated quickly;
7.
the price of which is subject to fluctuations in the financial market on which
the entrepreneur has no influence;
8.
for individual newspapers and magazines;
9.
for audio and video recordings and computer software of which the consumer has
seal has been broken.
10.
for hygiene products where the consumer has broken the seal.
11.
Exclusion of the right of withdrawal is only possible for services:
12.
concerning accommodation, transport, restaurant business or leisure activities to be performed on
a specific date or during a specific period;
13.
the supply of which has commenced with the express consent of the consumer before the cooling-off period has expired;
14.
concerning betting and lotteries.
Article 9 - The price
1.
During the period of validity stated in the offer, the prices of the
products and/or services offered will not be increased, except for price changes
as a result of changes in VAT rates.
2.
By way of exception to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and where the
entrepreneur has no influence on, with variable prices to offer. These
subject to fluctuations and the fact that any prices stated
indicative prices are stated with the offer.
3.
Price increases within 3 months after the conclusion of the agreement
are only permitted if they are the result of statutory regulations or
provisions.
4.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
5.
these are the result of statutory regulations or provisions; or
6.
the consumer has the authority to cancel the agreement with effect
from the day on which the price increase takes effect.
7.
The prices stated in the offer of products or services include VAT.
8.
All prices are subject to printing and typographical errors. For the consequences of
No liability is accepted for printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and Warranty
1.
The entrepreneur guarantees that the products and/or services comply with the
agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect
to the statutory rights and claims that the consumer has under the
agreement can enforce against the entrepreneur.
3.
Any defects or incorrectly delivered products must be reported within 4 weeks after
delivery to the entrepreneur in writing. Return of the
products must be returned in their original packaging and in new condition
in a bad way.
4.
The entrepreneur's warranty period corresponds to the
manufacturer's warranty period. However, the entrepreneur is never responsible for
the ultimate suitability of the products for each individual application
by the consumer, nor for any advice regarding the use or
the application of the products.
5.
The warranty does not apply if:
•
The consumer has repaired and/or modified the delivered products himself and/or has had them repaired and/or modified by third parties;
•
The delivered products have been exposed to abnormal conditions or
are otherwise treated carelessly or in conflict with the instructions of the entrepreneur and/or on the packaging;
•
The defect is wholly or partly the result of regulations that the
government has made or will make any statement regarding the nature or quality of the
materials used.
Article 11 - Delivery and execution
1.
The entrepreneur will exercise the utmost care when
receiving and executing orders for products and when
assessment of applications for the provision of services.
2.
The place of delivery is the address that the consumer provides to the company.
has made.
3.
Subject to the provisions of paragraph 4 of this Article, the
company accepted orders with due speed but no later than 30
days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation.
4.
All delivery times are indicative. Any stated terms may be subject to change.
consumer cannot derive any rights. Exceeding a term gives the consumer
consumer is not entitled to compensation.
5.
In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will
amount paid by the consumer as soon as possible, but no later than
14 days after cancellation, refund.
6.
If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement article is being delivered. In the case of replacement articles, the
right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the entrepreneur.
7.
The risk of damage and/or loss of products rests with the
entrepreneur until the moment of delivery to the consumer or a prior
designated representative made known to the entrepreneur, unless
unless expressly agreed otherwise.
Article 12 - Duration transactions: duration, termination and extension
Cancellation
1.
The consumer may at any time terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, taking into account the agreed termination rules and a notice period of no more than one month.
2.
The consumer can conclude an agreement that has been entered into for a fixed period and that
extends to the regular delivery of products (including electricity) or services, which can be cancelled at any time at the end of the specified period with
taking into account agreed termination rules and a notice period of no more than one month.
3.
The consumer may terminate the agreements referred to in the previous paragraphs:
•
cancel at any time and not be limited to cancellation at a specific time or during a specific period;
•
at least cancel in the same manner as they were entered into by him;
•
always cancel with the same notice period as the entrepreneur has for himself
agreed upon.
Extension
1.
An agreement entered into for a fixed period of time and intended to
regular delivery of products (including electricity) or services,
may not be tacitly extended or renewed for a specific period.
2.
By way of exception to the previous paragraph, an agreement concluded for a fixed period may
entered into and which aims at the regular delivery of daily news and
Weekly newspapers and magazines are tacitly renewed for a specific period
of up to three months, if the consumer cancels this extended agreement
can cancel at the end of the extension with a notice period of at least
maximum one month.
3.
An agreement entered into for a fixed period of time and intended to
regular delivery of products or services may only be done tacitly
be extended indefinitely if the consumer can cancel at any time
with a notice period of at most one month and a notice period of at least
maximum three months if the agreement is intended for regular, but
less than once a month, delivering daily, news and weekly newspapers and
magazines.
4.
A limited-term agreement for the regular delivery of introductory items
of daily, news and weekly newspapers and magazines (trial or
introductory subscription) will not be automatically continued and will end
automatically after the trial or introductory period.
Duration
1.
If an agreement has a duration of more than one year, the consumer may
after one year the agreement at any time with a notice period of no more than
one month's notice, unless reasonableness and fairness oppose termination before the end of the agreed term.
Article 13 - Payment
1.
Unless otherwise agreed, the consumer must
amounts due must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
2.
The consumer has the duty to report any inaccuracies in information provided or stated
to report payment details to the entrepreneur without delay.
3.
In the event of non-payment by the consumer, the entrepreneur has, subject to
legal restrictions, the right to make the consumer aware of the
to charge reasonable costs incurred.
Article 14 - Complaints procedure
1.
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2.
Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.
3.
Complaints submitted to the entrepreneur will be handled within a period of 14 days
calculated from the date of receipt. If a complaint is a
If the entrepreneur foreseeably requires a longer processing time, he will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.
4.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
5.
A complaint does not suspend the obligations of the entrepreneur, unless the
entrepreneur indicates otherwise in writing.
6.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.
Article 15 - Disputes
1.
Agreements between the entrepreneur and the consumer to which this
general terms and conditions apply exclusively to Dutch law.
application. Even if the consumer resides abroad.
2.
The Vienna Sales Convention does not apply.
Article 16 - Additional or deviating provisions
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 they can be stored by the consumer in an accessible manner on a durable data carrier.
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 revocation
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions
Article 1 - Definitions
In these terms and conditions the following terms shall have the following meanings:
1.
Reflection period: the period within which the consumer can make use of his
right of withdrawal;
2.
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3.
Day: calendar day;
4.
Duration transaction: a distance contract relating to a series of
products and/or services, the delivery and/or purchase obligation of which is spread over time;
5.
Durable medium: any instrument that enables the consumer or entrepreneur
to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information.
6.
Right of withdrawal: the possibility for the consumer to cancel within the cooling-off period
to view the distance contract;
7.
Model form: the model form for withdrawal that the entrepreneur must use
provides a form that a consumer can fill in when he wants to use
of his right of withdrawal.
8.
Entrepreneur: the natural or legal person who offers products and/or services on
offers distance to consumers;
9.
Distance contract: an agreement whereby, within the framework of a distance contract,
the entrepreneur organizes a system for the distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
10.
Distance communication technology: means that can be used for
the conclusion of an agreement without the consumer and entrepreneur being in the same room at the same time.
11.
General Terms and Conditions: these General Terms and Conditions of the
entrepreneur.
Article 2 – Identity of the entrepreneur
1.
ARTISTA's
2.
VAT BE.1016.245.145, Dilsen-Stokkem - Rijksweg 443, tel. +32492756868, hello@artistas.be
Article 3 - Applicability
1.
These general terms and conditions apply to every offer from the
entrepreneur and on every distance contract concluded and
orders between entrepreneur and consumer.
2.
Before the distance contract is concluded, the text of this
general terms and conditions made available to the consumer. If this
is not reasonably possible, before the distance contract is concluded
closed, it is indicated that the general terms and conditions are with the entrepreneur
can be viewed and, at the consumer's request, they will be sent free of charge as soon as possible
will be sent.
3.
If the distance contract is concluded electronically, the following may be deviated from:
of the previous paragraph and before the distance contract is concluded, the text
of these general terms and conditions electronically to the consumer.
be made available in such a way that it can be easily stored by the consumer on a durable data carrier.
If this is not reasonably possible, before the distance contract
is closed, it is indicated where the general terms and conditions apply
can be consulted electronically and that they can be made available upon request of the
will be provided to the consumer free of charge electronically or otherwise
sent.
4.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs of
corresponding application and, in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favourable to him.
5.
If one or more provisions in these general terms and conditions apply in any way
moment are wholly or partially null and void or are annulled, the
agreement and these terms and conditions shall otherwise remain in force and the provision in question shall be replaced without delay by mutual agreement by a provision that approximates the purport of the original as closely as possible.
6.
Situations that are not covered by these general terms and conditions must be
assessed 'in the spirit' of these general terms and conditions.
7.
Uncertainties regarding the interpretation or content of one or more provisions of
our terms and conditions shall be interpreted 'in the spirit' of these general terms and conditions.
Article 4 - The offer
1.
If an offer has a limited period of validity or is subject to conditions
If this occurs, this will be explicitly stated in the offer.
2.
The offer is without obligation. The entrepreneur is entitled to change the offer and
to adjust.
3.
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 assess the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
4.
All images, specifications and data in the offer are indicative and may
not give rise to compensation or termination of the agreement.
5.
Images of products are a true representation of the
products offered. Entrepreneur cannot guarantee that the displayed
colours exactly match the real colours of the products.
6.
Each offer contains such information that it is clear to the consumer what the
rights and obligations that are attached to the acceptance of the offer
connected. This concerns in particular:
◦
the price including taxes;
◦
any shipping costs;
◦
the manner in which the agreement will be concluded and which actions
are necessary for this;
◦
whether or not the right of withdrawal applies;
◦
the method of payment, delivery and execution of the agreement;
•
the period for accepting the offer, or the period within which the
entrepreneur guarantees the price;
•
the amount of the rate for distance communication if the costs of the
use of the technology for remote communication are calculated on a
other basis than the regular basic rate for the means of communication used;
•
whether the agreement is archived after it has been concluded, and if so, in what way
how this can be consulted by the consumer;
•
the manner in which the consumer, before concluding the agreement,
can check the data provided to him in the context of the agreement and
restore if desired;
•
any other languages in which, in addition to Dutch, the agreement may be concluded
are closed;
•
the codes of conduct to which the entrepreneur has submitted and the manner
where the consumer can access these codes of conduct electronically
consult; and
•
the minimum duration of the distance contract in the event of a continuous transaction.
•
Available sizes, colours, types of materials.
Article 5 - The Agreement
1.
Subject to the provisions of paragraph 4, the agreement shall be concluded on
the moment the consumer accepts the offer and complies
to the conditions set therein.
2.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the offer electronically.
acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3.
If the agreement is concluded electronically, the entrepreneur 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 entrepreneur will take appropriate security measures.
4.
The entrepreneur can - within legal frameworks - inquire whether the
consumer can meet his payment obligations, as well as all those facts
and factors that are important for a responsible approach to the
distance contract. If the entrepreneur, based on this investigation, has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5.
The entrepreneur will provide the consumer with the following when delivering the product or service:
information, in writing or in such a way that it can be used by the consumer
accessible manner can be stored on a durable data carrier,
send along:
6.
the visiting address of the establishment of the entrepreneur where the consumer
complaints can be lodged;
7.
the conditions under which and the manner in which the consumer benefits from the
right of withdrawal, or a clear statement regarding the
are excluded from the right of withdrawal;
8.
the information about guarantees and existing after-sales service;
9.
the data included in Article 4 paragraph 3 of these terms and conditions, unless the
the entrepreneur has already provided this information to the consumer before the agreement was executed;
10.
the requirements for terminating the agreement if the agreement is a
has a duration of more than one year or is of indefinite duration.
11.
In the case of a long-term transaction, the provision in the previous paragraph only applies
applicable to the first delivery.
12.
Each agreement is entered into subject to the conditions precedent of
sufficient availability of the products concerned.
Article 6 - Right of withdrawal
Upon delivery of products:
1.
When purchasing products, the consumer has the option
to terminate the agreement without giving any reason within 14 days.
This reflection period commences on the day after the product has been received by the
consumer or a person designated in advance by the consumer and provided to the entrepreneur
announced representative.
2.
During the cooling-off period, the consumer will handle the product and the
packaging. He will only unpack or use the product to the extent necessary
to the extent necessary to assess whether he wishes to keep the product.
If he exercises his right of withdrawal, he will return the product with all
supplied accessories and - if reasonably possible - in the original condition and
return the packaging to the entrepreneur, in accordance with the entrepreneur's instructions
provided reasonable and clear instructions.
3.
If the consumer wishes to exercise his right of withdrawal, he is
obliged to make this known to the entrepreneur within 14 days after receiving the product. The consumer must make this known by means of the
model form. After the consumer has indicated that he/she wishes to use
To exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were received on time.
returned, for example by means of proof of shipment.
4.
If the customer does not make this known after the expiry of the periods mentioned in paragraphs 2 and 3,
has made use of his right of withdrawal or the product
If the goods have not been returned to the entrepreneur, the purchase is a fact.
When providing services:
1.
When delivering services, the consumer has the option to cancel the agreement
to cancel without giving any reason for at least 14 days,
effective on the date the agreement is concluded.
2.
To exercise his right of withdrawal, the consumer will refer to
the information provided by the entrepreneur in the offer and/or at the latest upon delivery
provided reasonable and clear instructions.
Article 7 - Costs in case of revocation
1.
If the consumer exercises his right of withdrawal, he will be responsible for at most the costs of return.
2.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible
as soon as possible, but no later than 14 days after cancellation, refund.
The condition is that the product has already been received back by the
web retailer or conclusive proof of complete return can be provided.
Refunds will be made using the same payment method used by the consumer unless the consumer expressly agrees to a different payment method.
payment method.
3.
In case of damage to the product due to careless handling by the consumer
the consumer is liable for any decrease in value of the
product.
4.
The consumer cannot be held liable for any diminished value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, which must be done before concluding the purchase agreement.
Article 8 - Exclusion of the right of withdrawal
1.
The entrepreneur can exclude the consumer's right of withdrawal for
products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal
only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
2.
Exclusion of the right of withdrawal is only possible for products:
3.
which have been created by the entrepreneur in accordance with the consumer's specifications;
4.
that are clearly personal in nature;
5.
which by their nature cannot be returned;
6.
that can spoil or become outdated quickly;
7.
the price of which is subject to fluctuations in the financial market on which
the entrepreneur has no influence;
8.
for individual newspapers and magazines;
9.
for audio and video recordings and computer software of which the consumer has
seal has been broken.
10.
for hygiene products where the consumer has broken the seal.
11.
Exclusion of the right of withdrawal is only possible for services:
12.
concerning accommodation, transport, restaurant business or leisure activities to be performed on
a specific date or during a specific period;
13.
the supply of which has commenced with the express consent of the consumer before the cooling-off period has expired;
14.
concerning betting and lotteries.
Article 9 - The price
1.
During the period of validity stated in the offer, the prices of the
products and/or services offered will not be increased, except for price changes
as a result of changes in VAT rates.
2.
By way of exception to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and where the
entrepreneur has no influence on, with variable prices to offer. These
subject to fluctuations and the fact that any prices stated
indicative prices are stated with the offer.
3.
Price increases within 3 months after the conclusion of the agreement
are only permitted if they are the result of statutory regulations or
provisions.
4.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
5.
these are the result of statutory regulations or provisions; or
6.
the consumer has the authority to cancel the agreement with effect
from the day on which the price increase takes effect.
7.
The prices stated in the offer of products or services include VAT.
8.
All prices are subject to printing and typographical errors. For the consequences of
No liability is accepted for printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and Warranty
1.
The entrepreneur guarantees that the products and/or services comply with the
agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect
to the statutory rights and claims that the consumer has under the
agreement can enforce against the entrepreneur.
3.
Any defects or incorrectly delivered products must be reported within 4 weeks after
delivery to the entrepreneur in writing. Return of the
products must be returned in their original packaging and in new condition
in a bad way.
4.
The entrepreneur's warranty period corresponds to the
manufacturer's warranty period. However, the entrepreneur is never responsible for
the ultimate suitability of the products for each individual application
by the consumer, nor for any advice regarding the use or
the application of the products.
5.
The warranty does not apply if:
•
The consumer has repaired and/or modified the delivered products himself and/or has had them repaired and/or modified by third parties;
•
The delivered products have been exposed to abnormal conditions or
are otherwise treated carelessly or in conflict with the instructions of the entrepreneur and/or on the packaging;
•
The defect is wholly or partly the result of regulations that the
government has made or will make any statement regarding the nature or quality of the
materials used.
Article 11 - Delivery and execution
1.
The entrepreneur will exercise the utmost care when
receiving and executing orders for products and when
assessment of applications for the provision of services.
2.
The place of delivery is the address that the consumer provides to the company.
has made.
3.
Subject to the provisions of paragraph 4 of this Article, the
company accepted orders with due speed but no later than 30
days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation.
4.
All delivery times are indicative. Any stated terms may be subject to change.
consumer cannot derive any rights. Exceeding a term gives the consumer
consumer is not entitled to compensation.
5.
In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will
amount paid by the consumer as soon as possible, but no later than
14 days after cancellation, refund.
6.
If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement article is being delivered. In the case of replacement articles, the
right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the entrepreneur.
7.
The risk of damage and/or loss of products rests with the
entrepreneur until the moment of delivery to the consumer or a prior
designated representative made known to the entrepreneur, unless
unless expressly agreed otherwise.
Article 12 - Duration transactions: duration, termination and extension
Cancellation
1.
The consumer may at any time terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, taking into account the agreed termination rules and a notice period of no more than one month.
2.
The consumer can conclude an agreement that has been entered into for a fixed period and that
extends to the regular delivery of products (including electricity) or services, which can be cancelled at any time at the end of the specified period with
taking into account agreed termination rules and a notice period of no more than one month.
3.
The consumer may terminate the agreements referred to in the previous paragraphs:
•
cancel at any time and not be limited to cancellation at a specific time or during a specific period;
•
at least cancel in the same manner as they were entered into by him;
•
always cancel with the same notice period as the entrepreneur has for himself
agreed upon.
Extension
1.
An agreement entered into for a fixed period of time and intended to
regular delivery of products (including electricity) or services,
may not be tacitly extended or renewed for a specific period.
2.
By way of exception to the previous paragraph, an agreement concluded for a fixed period may
entered into and which aims at the regular delivery of daily news and
Weekly newspapers and magazines are tacitly renewed for a specific period
of up to three months, if the consumer cancels this extended agreement
can cancel at the end of the extension with a notice period of at least
maximum one month.
3.
An agreement entered into for a fixed period of time and intended to
regular delivery of products or services may only be done tacitly
be extended indefinitely if the consumer can cancel at any time
with a notice period of at most one month and a notice period of at least
maximum three months if the agreement is intended for regular, but
less than once a month, delivering daily, news and weekly newspapers and
magazines.
4.
A limited-term agreement for the regular delivery of introductory items
of daily, news and weekly newspapers and magazines (trial or
introductory subscription) will not be automatically continued and will end
automatically after the trial or introductory period.
Duration
1.
If an agreement has a duration of more than one year, the consumer may
after one year the agreement at any time with a notice period of no more than
one month's notice, unless reasonableness and fairness oppose termination before the end of the agreed term.
Article 13 - Payment
1.
Unless otherwise agreed, the consumer must
amounts due must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
2.
The consumer has the duty to report any inaccuracies in information provided or stated
to report payment details to the entrepreneur without delay.
3.
In the event of non-payment by the consumer, the entrepreneur has, subject to
legal restrictions, the right to make the consumer aware of the
to charge reasonable costs incurred.
Article 14 - Complaints procedure
1.
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2.
Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.
3.
Complaints submitted to the entrepreneur will be handled within a period of 14 days
calculated from the date of receipt. If a complaint is a
If the entrepreneur foreseeably requires a longer processing time, he will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.
4.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
5.
A complaint does not suspend the obligations of the entrepreneur, unless the
entrepreneur indicates otherwise in writing.
6.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.
Article 15 - Disputes
1.
Agreements between the entrepreneur and the consumer to which this
general terms and conditions apply exclusively to Dutch law.
application. Even if the consumer resides abroad.
2.
The Vienna Sales Convention does not apply.
Article 16 - Additional or deviating provisions
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 they can be stored by the consumer in an accessible manner on a durable data carrier.