Terms and Conditions
These General Terms and Conditions are based on the General Terms and Conditions of the Dutch Home Shopping Organization that have been drawn up in consultation with the Consumers' Association within the framework of the Coordination Group Self-Regulation Consultation (CZ) of the Social and Economic Council and will come into effect on 1 January 2012.
Article 1 - Definitions
- In these terms and conditions shall apply:
- Entrepreneur: the natural or legal products and / or remote services and consumer services;
- Consumer: the natural person not acting in the exercise of professional or business and a distance contract with the entrepreneur;
- Distance contract: an agreement where made in the context of a system organized by the Entrepreneur for distance sale of products and / or services, to conclude the agreement exclusive use of one or more means of distance communication;
- Technology for distance communication: means that can be used to conclude a contract, without the consumer and trader being in the same room;
- Reflection period: the period within which the consumer can make use of his right of withdrawal;
- Right of withdrawal: the option for the consumer to waive the distance contract within the cooling-off period;
- Day: calendar;
- Duration transaction: a distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
- Durable medium: any means that the consumer or business that enables information addressed personally to him to store in a way that future consultation and unaltered reproduction of the stored information.
Article 2 - Identity of the entrepreneur
Business & visiting address:
Ln v. New East Indies 36 a
2593BT The Hague
Phone number: 070-3836839
E-mail address: firstname.lastname@example.org
Chamber of Commerce: 27252814
VAT identification number:
Article 3 - Applicability
- These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance between businesses and consumers.
- Before the distance contract is concluded, the text of these general conditions made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, indicated that the general conditions for the entrepreneur to see and they will be sent. As soon as possible free of charge to the consumer
- If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions are set in such a way that the consumer in the consumer made available electronically a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, indicated where the general conditions may be taken and that they electronically or otherwise will be sent free of charge. Request of the consumer electronically
- In the event that in addition to these terms and conditions specific product or service conditions apply, the second and third paragraphs shall apply and the consumer in case of conflicting terms always rely on the applicable provision that is most favorable to him 's.
Article 4 - The offer
- If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
- The offer includes a complete and accurate description of the products and / or services. The description is sufficiently detailed to allow. Proper assessment of the offer by the consumer If the contractor uses these images are a true representation of the products and / or services. Obvious mistakes or errors in the offer does not bind the entrepreneur.
- Each offer contains such information that is clear to the consumer what rights and obligations are involved in accepting the offer. This concerns in particular:
- The price including taxes;
- the possible costs of delivery;
- The manner in which the agreement will be established and what action is required for this purpose;
- whether or not the right of withdrawal applies;
- the method of payment, delivery or execution of the agreement;
- the period for accepting the offer or the period for adhering to the price;
- the level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate;
- if the agreement is archived after the conclusion, how it can be consulted by the consumer;
- how the consumer before the conclusion of the contract not by him popular acts can get informed, and the way he can recover before the contract is concluded;
- the possible languages in which, in addition to Dutch, the agreement can be concluded;
- The codes of conduct which the entrepreneur has undergone and the way in which the consumer can consult these codes of conduct by electronic means; and
- the minimum duration of the distance contract in case of an agreement that extends to the continuous or periodic delivery of products or services.
Article 5 - The Agreement
- The agreement is subject to the provisions of paragraph 4, established at the time the consumer accepts the offer and meet the corresponding conditions.
- If the consumer has accepted the offer electronically, the trader will immediately confirm electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed, the consumer may rescind the contract.
- If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the trader will take suitable security measures.
- The entrepreneur can - within the law - to inform or to satisfy the consumers of its payment obligations, and of all those facts and factors that are important to a sound conclusion of the distance contract. If the operator under this investigation was justified not to conclude the contract, he is entitled to refuse an order or application or to bind. Implement special conditions
- The entrepreneur will the product or service to the consumer the following information, in writing or in such a way that it can be stored on a durable medium, enclose the consumer in an accessible manner:
- The visiting address of the entrepreneur's establishment where the consumer is entitled to complaints;
- the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information about existing after-sales service and guarantees;
- the information included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
- The terms for termination of the agreement if the agreement is of a duration of more than one year or indefinite duration.
- If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal upon delivery of products
- When purchasing products, the consumer has the option to dissolve the agreement without stating reasons during 14 days. This period starts on the day after receipt of the product by or on behalf of the consumer.
- During this 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 accessories supplied 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.
Article 7 - Cost in case of revocation
- If the consumer makes use of his right of withdrawal, the costs of return will be for his account at most.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 30 days after the return or cancellation.
Article 8 – Exclusion right of withdrawal
- If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
- Exclusion of the right of withdrawal is only possible for products:
- which have been created by the supplier to the consumer's specifications;
- that are clearly personal in nature;
- that can not be returned due to their nature;
- that spoil or become obsolete;
- whose price depends on fluctuations in the financial market over which the trader has no influence;
- for individual newspapers and magazines;
- For audio and video recordings and computer software that the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- Regarding accommodation, transport, restaurant or leisure activities on a particular date or during a certain period of time;
- Whose delivery has been explicitly agreed by the consumer before the period of reflection has expired;
- Regarding bets and lotteries.
Article 9 - The price
- 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.
- Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, with variable prices. These fluctuations and the fact that any price targets, are stated in the offer.
- Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
- Price increases 3 months after the conclusion of the contract are only permitted if the trader has agreed to this and:
- they are the result of legislation or regulations; whether
- the consumer has the authority to cancel the agreement on the day on which the price increase takes effect.
- The supply of products or services mentioned prices include VAT.
Article 10 - Conformity and Warranty
- The trader guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability and and on the date of the conclusion of the agreement existing legal provisions / or government regulations.
- An arrangement offered by the trader, manufacturer or importer as a guarantee does not affect the rights and claims that consumers entrepreneur can assert on the basis of the law and / in respect of a failure to fulfill the obligations of the employer against or the distance contract.
Article 11 - Delivery and execution
- The entrepeneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has informed to the company.
- With due observance of the provisions in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but no later than within 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification no later than one month after placing the order. In that case, the consumer has the right to terminate the contract without penalty and the right to any compensation.
- In case of dissolution in accordance with the preceding paragraph, the trader will refund the consumer as soon as possible, but no later than paid 30 days after repudiation.
- If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of return shipment are for the account of the entrepreneur.
- The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless explicitly agreed otherwise.
Article 12 - Duration transactions
- The consumer can cancel an agreement that has been concluded for an indefinite period of time at any time with due observance of the agreed termination rules and a notice period of at most one month.
- 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 contract will be extended if the consumer is silent, the contract will be continued as a contract for an indefinite period of time and the cancellation period after continuation of the contract will be a maximum of one month.
Article 13 - Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within fourteen days after delivery of the good or, in the case of an agreement to provide a service, within 14 days after the documents relating to this agreement have been issued.
- When selling products to consumers, an advance payment of more than 50% may never be stipulated in general terms and conditions. When advance payment is stipulated, the consumer cannot assert any rights with regard to the execution of the relevant order or service(s) before the stipulated advance payment has been made. The consumer has the obligation to immediately report inaccuracies in the payment details provided or stated to the entrepreneur.
- In case of default by the consumer, the operator subject to statutory limitations, the right to the consumer to spend. Advance reasonable expenses will be made known
Article 14 - Complaints
- The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
- Complaints about the implementation of the agreement must promptly, fully and clearly described to be submitted to the entrepreneur, after the consumer has discovered the defects.
- Complaints submitted to the trader will be answered from the date of receipt. Within 14 days If a complaint is a foreseeable longer processing time, within the period of the 14 days responded with an acknowledgment of receipt and indicating when the consumer can expect. A more detailed answer
Article 15 Additional or different provisions
Additional or different provisions of these terms may not be to the detriment of the consumer and should be recorded or in such a way that they can be stored on a durable medium. Consumers in an accessible manner