Conditions Générales

TERMS OF SERVICE

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OVERVIEW

Article 1 - Definitions

In these general terms and conditions, the following definitions apply:
Cooling-off period : the period during which the consumer can exercise his right of withdrawal;
Consumer : the natural person not acting in the exercise of a profession or commercial activity and who enters into a distance contract with the trader;
Day : calendar day;
Duration transaction : distance contract for a series of products and/or services, the delivery and/or purchase of which is staggered over time .
of products and/or services, the delivery and/or purchase of which is staggered over time;
Durable data carrier : any means that allows the consumer or trader to store information addressed to him personally in a way that allows for subsequent consultation and reproduction without alteration of the stored information.
Right of withdrawal : the possibility for the consumer to withdraw from the distance contract during the cooling-off period;
Entrepreneur : the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract : an agreement whereby, within the framework of a system organized by the entrepreneur 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;
Distance communication technique : means that can be used for the conclusion of a contract, without the consumer and the entrepreneur being in the same room at the same time.
General terms and conditions : these general terms and conditions of the entrepreneur.

Article 2 - Identity of the contractor

Email address: lassetijnvandruenen@gmail.com
Chamber of Commerce number: 91426561
Btw: NL004890569B60

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to
every distance contract and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be 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 consulted at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
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 it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge by electronic or other means at the consumer's request.
If 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 general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to him.
If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these general terms and conditions shall otherwise remain in force and the relevant provision shall be replaced without delay, by mutual agreement, by a provision that comes as close as possible to the purpose of the original provision.
Situations not provided for in these general terms and conditions shall be assessed "in the spirit" of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our general terms and conditions shall be interpreted "in the spirit" of these general terms and conditions.

Article 4 - The offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur has the right to change and adapt the offer.
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 evaluate the offer.
the offer by the consumer. If the entrepreneur uses images, these accurately represent the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and cannot constitute a reason for compensation or termination of the agreement.
The product images are a true representation of the products offered. The operator cannot guarantee that the displayed colors correspond exactly to the actual colors of the products.
Each offer contains information in such a way that it is clear to the consumer what rights and obligations are associated with the acceptance of the offer. This particularly concerns
the price, excluding customs clearance costs and import VAT. These additional costs are the responsibility and risk of the customer. The postal and/or courier service will use the special regulation for postal and courier services with regard to imports. This regime applies if the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service collects VAT (whether or not it is added to the customs clearance costs charged) from the recipient of the goods;
any shipping costs;
the manner in which the contract will be concluded and the actions necessary for this purpose;
the existence or not of a right of withdrawal;
the method of payment, delivery and performance of the contract;
the period for acceptance of the offer or the period during which the trader guarantees the price;
the level of the distance communication tariff if the costs of using the distance communication technique are calculated on a basis other than the normal basic tariff for the means of communication used;
the archiving of the contract after its conclusion and, where applicable, the manner in which it can be consulted by the consumer;
the manner in which the consumer can, before the conclusion of the contract, check the data he has provided in the context of the contract and
check and, where applicable,repair the data he provided in the context of the contract
languages other than Dutch in which the contract can be concluded;
the codes of conduct to which the professional is subject and the manner in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a duration transaction. Optional: available sizes, colors, type of materials.

Article 5 - The agreement

Subject to the provisions of paragraph 4, the agreement comes into effect at the moment when the consumer accepts the offer and meets the conditions set out therein.
If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures.
The entrepreneur may - within the limits of the legal framework - inform himself about the consumer's ability to meet his payment obligations, as well as about all 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 reasons not to conclude the agreement, he has the right to refuse an order or request or to attach special conditions to the execution thereof, while giving reasons for his decision.
The entrepreneur will attach the following information to the product or service supplied 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 data carrier:

  1. the visiting address of the entrepreneur's establishment where the consumer can go to file a complaint;
  2. the conditions and procedures for exercising the right of withdrawal by the consumer, or
    a clear statement on the exclusion of the right of withdrawal
  3. information on existing warranties and after-sales services;
  4. the data referred to in Article 4, paragraph 3, of these conditions, unless the professional has already provided these data to the consumer before the execution of the contract.
    consumer before the execution of the contract;

5. the conditions for terminating the contract if it has a duration of more than one year or an indefinite duration.
In the case of a fixed-term transaction, the provision of the preceding paragraph only applies to the first delivery.
Each agreement is concluded subject to the suspensive conditions of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

When purchasing products, the consumer has the option to withdraw from the contract without giving reasons for a period of 14 days. This reflection period begins on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and brought to the attention of the entrepreneur.
During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to determine whether he wishes to keep it. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all delivered accessories and - if reasonably possible - in the original condition and packaging, in accordance with reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days of receipt of the product. The consumer must notify the entrepreneur in writing or by email. After declaring that he wishes to exercise his right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.
If the consumer has not expressed his wish to exercise his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods referred to in paragraphs 2 and 3, the purchase is a fact.

Article 7 - Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the costs of returning the products are at his expense.
If the consumer has paid an amount, the entrepreneur will reimburse him as soon as possible, but at the latest within 14 days after the withdrawal. This is provided that the product has already been received by the entrepreneur or that conclusive proof of a complete return can be presented.

Article 8 - Exclusion of the right of withdrawal

The trader may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur
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 contract. The exclusion of the right of withdrawal is only possible for products

  1. which were created by the entrepreneur according to the consumer's specifications;
  2. which are clearly of a personal nature
  3. which cannot be returned due to their nature
  4. which deteriorate or age quickly;
  5. whose price is subject to fluctuations on the financial market which are beyond the control of the entrepreneur;
  6. for individual newspapers and magazines;
  7. for audio and video recordings and computer software for which the consumer has broken the seal.
  8. for hygiene products whose seal has been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services

  1. relating to accommodation, transport, catering or leisure activities to be carried out on a certain date or during a certain period;
  2. whose delivery began with the express agreement of the consumer before the expiry of the withdrawal period;
  3. regarding betting and lotteries.

Article 9 - Price

During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, with the exception of price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market beyond his control, with variable prices. This link with fluctuations and the fact that the prices mentioned are target prices will be mentioned in the offer.
Price increases within three months of the conclusion of the agreement are only permitted if they result from legal provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

  1. they result from legal provisions or stipulations; or
  2. The consumer is entitled to terminate the contract on the day the price increase takes effect.
    the price increase.

In accordance with Section 5(1) of the 1968 Turnover Tax Act, delivery takes place in the country where transport begins. In this case, delivery takes place outside the EU. Subsequently, the postal or courier service will collect the import VAT or customs clearance costs from the customer. Therefore, no VAT will be charged by the entrepreneur.
All prices are subject to printing errors. We accept no liability for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or ease of use, and the legal and/or regulatory provisions in force on the date the contract is concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use.
A warranty provided by the trader, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the trader on the basis of the agreement.
Any defective or incorrectly delivered product must be reported in writing to the trader within 14 days of delivery. The products must be returned in their original packaging and in new condition.
The trader's warranty period corresponds to the factory warranty period. However, the trader is never responsible for the final suitability of the products for each individual application of the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if
the consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal conditions or treated negligently or contrary to the instructions of the entrepreneur and/or the packaging;
the defect results entirely or partially from regulations that the government has established or will establish regarding the nature or quality of the materials used.

Article 11 - Delivery and implementation

The entrepreneur will take the greatest care in receiving and executing orders for products.
Subject to what is provided for in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders diligently, but at the latest within 30 days, unless the consumer has agreed on a longer delivery period.
If delivery is delayed or if an order cannot be executed or can only be executed partially, the consumer will be informed no later than 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement free of charge and to claim any damages.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will reimburse the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly indicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of return shipping are borne by the entrepreneur.
The risk of damage and/or loss of the products lies with the entrepreneur until the time of delivery to the consumer or to a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Duration of transactions: duration, termination and extension

Termination
The consumer may terminate a contract of indefinite duration concluded for
the regular delivery of products (including electricity) or services at any time, subject to compliance with agreed termination rules and a notice period not exceeding one month.
The consumer may terminate a contract of fixed duration concluded for the regular supply of products (including electricity) or services at any time upon expiry of the fixed term, subject to agreed termination rules and a notice period not exceeding one month.
The consumer may terminate the contracts referred to in the preceding paragraphs:
terminate at any time and not be limited to termination at a specific time or period;
at least terminate them in the same manner in which they were concluded; always terminate them with the same notice period as the entrepreneur has set for himself.
that the entrepreneur has set for himself. Extension
A fixed-term contract concluded for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
Notwithstanding the preceding paragraph, a fixed-term contract concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer can terminate this renewed contract towards the end of the renewal with a notice period not exceeding one month.
A fixed-term contract concluded for the regular supply of products or services may be tacitly renewed for an indefinite period only if the consumer can terminate it at any time with a notice period not exceeding one month and with a notice period not exceeding three months if the contract relates to the regular supply, but less than once a month, of daily or weekly newspapers and magazines.
A limited-term contract for the regular delivery of daily magazines
(trial or introductory subscription) is not tacitly renewed and ends automatically after the trial or introductory period.
Duration of the contract
If a contract lasts for more than one year, after one year, the consumer may terminate the contract at any time with a notice period of up to one month, unless reasonableness and fairness preclude termination before the end of the agreed term.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period referred to in Article 6, paragraph 1. In the event of an agreement on the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer has the obligation to immediately report any complaints he has received.
The consumer has the duty to immediately report to the entrepreneur any inaccuracies in the payment details provided or mentioned.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.

Article 14 - Complaints procedure

Complaints regarding the execution of the agreement must be submitted to the entrepreneur within 7 days, with a complete and clear description, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will receive a response within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a confirmation of receipt and an indication of when the consumer can expect to receive a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises and is subject to the dispute resolution procedure.
A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
If a complaint is deemed valid by the entrepreneur, the entrepreneur will replace or repair the delivered products free of charge, at its discretion.

Article 15 - Disputes

For agreements between the entrepreneur and the consumer to which these general terms and conditions apply, only Dutch law applies, even if the consumer resides abroad. Even if the consumer resides abroad.