Terms and Conditions -

CONTENT

ARTICLE 1 - Definitions 1
ARTICLE 2 - Identity of the Entrepreneur 2
ARTICLE 3 - Applicability 2
ARTICLE 4 - The Offer 3
ARTICLE 5 - The Agreement 4
ARTICLE 6 - Right of Withdrawal 4
ARTICLE 7 - Costs in Case of Withdrawal 5
ARTICLE 8 - Exclusion of the Right of Withdrawal 5
ARTICLE 9 - The Price 5
ARTICLE 10 - Conformity and Warranty 6
ARTICLE 11 - Delivery and Execution 6
ARTICLE 12 - Long-Term Transactions 7
ARTICLE 13 - Payment 7
ARTICLE 14 - Complaints Procedure 7

ARTICLE 1 - Definitions

In these terms and conditions, the following definitions apply:

Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers; Consumer: the natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur; Distance contract: a contract concluded within the framework of an organized system for remote selling of products and/or services, up to and including the conclusion of the contract, exclusively using one or more means of remote communication; Means of remote communication: a tool that can be used to conclude a contract without the consumer and entrepreneur being in the same place simultaneously; Cooling-off period: the period during which the consumer can exercise his right of withdrawal; Right of withdrawal: the consumer's ability to renounce the distance contract within the cooling-off period; Day: calendar day; Long-term 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; Durable data carrier: any medium that enables the consumer or entrepreneur to store information personally addressed to him in a way that allows future consultation and unaltered reproduction of the stored information.

ARTICLE 2 - Identity of the Entrepreneur

Bylgia Lomstraat 29 5911 GM Venlo

Email address: [email protected] Chamber of Commerce number: 60298030 VAT identification number: NL223973671B01

If the entrepreneur's activity is subject to a relevant licensing system: the details of the supervisory authority; If the entrepreneur practices a regulated profession:

the professional association or organization to which he is affiliated;
the professional title, the place in the EU or the European Economic Area where it was awarded;
a reference to the professional rules applicable in the Netherlands and instructions on how to access these professional rules.

ARTICLE 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract 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 are available for inspection at the entrepreneur's premises and will be sent to the consumer free of charge at his request as soon as possible.
If the distance contract is concluded electronically, in deviation from 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 the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent to the consumer electronically or in another way free of charge at his request.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply by analogy, and the consumer may always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.

ARTICLE 4 - The Offer

If an offer has a limited duration or is subject to conditions, this will be explicitly stated in 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 make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
Every offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

the price including taxes;
any delivery costs;
the way in which the agreement will be concluded and what actions are necessary for this;
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 maintaining the price;
the height of the rate for distance communication if the costs of using the technique for distance communication are calculated on a different basis than the basic rate;
if the contract is archived after its conclusion, how it can be consulted by the consumer;
the way in which the consumer, before concluding the contract, can check the data provided by him in the contract and, if desired, correct it;
the languages in which, in addition to Dutch, the contract can be concluded;
the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of an agreement that extends to the regular delivery of products or services.

ARTICLE 5 - The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions laid down.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm by electronic means the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for that purpose.
The entrepreneur can - within the framework of the law - inform himself about the consumer's ability to pay, as well as about all those 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 grounds not to enter into the agreement, he is entitled to refuse an order or request, or to attach special conditions to its execution.
The entrepreneur will provide the consumer with the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, with the product or service: a. the visiting address of the entrepreneur's establishment where the consumer can go with complaints; b. 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; c. information about existing after-sales service and guarantees; d. the data referred to in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided these data to the consumer before the performance of the contract; e. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
In the event that the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph applies only to the first delivery.

ARTICLE 1 - Definitions

In these terms and conditions, the following definitions apply:

ARTICLE 2 - Identity of the Entrepreneur

Bylgia Lomstraat 29 5911 GM Venlo

Email address: [email protected] Chamber of Commerce number: 60298030 VAT identification number: NL223973671B01

If the entrepreneur's activity is subject to a relevant licensing system: the details of the supervisory authority; If the entrepreneur practices a regulated profession:

the professional association or organization to which he is affiliated;
the professional title, the place in the EU or the European Economic Area where it was awarded;
a reference to the professional rules applicable in the Netherlands and instructions on how to access these professional rules.

ARTICLE 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract 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 are available for inspection at the entrepreneur's premises and will be sent to the consumer free of charge at his request as soon as possible.
If the distance contract is concluded electronically, in deviation from 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 the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent to the consumer electronically or in another way free of charge at his request.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply by analogy, and the consumer may always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.

ARTICLE 4 - The Offer

If an offer has a limited duration or is subject to conditions, this will be explicitly stated in 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 make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
Every offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

the price including taxes;
any delivery costs;
the way in which the agreement will be concluded and what actions are necessary for this;
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 maintaining the price;
the height of the rate for distance communication if the costs of using the technique for distance communication are calculated on a different basis than the basic rate;
if the contract is archived after its conclusion, how it can be consulted by the consumer;
the way in which the consumer, before concluding the contract, can check the data provided by him in the contract and, if desired, correct it;
the languages in which, in addition to Dutch, the contract can be concluded;
the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of an agreement that extends to the regular delivery of products or services.

ARTICLE 5 - The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions laid down.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm by electronic means the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for that purpose.
The entrepreneur can - within the framework of the law - inform himself about the consumer's ability to pay, as well as about all those 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 grounds not to enter into the agreement, he is entitled to refuse an order or request, or to attach special conditions to its execution.
The entrepreneur will provide the consumer with the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, with the product or service: a. the visiting address of the entrepreneur's establishment where the consumer can go with complaints; b. 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; c. information about existing after-sales service and guarantees; d. the data referred to in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided these data to the consumer before the performance of the contract; e. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
In the event that the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph applies only to the first delivery.

ARTICLE 6 - Right of Withdrawal

For product delivery:

When purchasing products, the consumer has the option to dissolve the agreement without stating any reasons within 14 calendar days. This period commences on the day following receipt of the product by or on behalf of the consumer.
During this period, the consumer shall handle the product and packaging with care. He will only unpack or use the product to the extent necessary to
be able to assess whether he wishes to keep the product. If he wishes to exercise his right of withdrawal, he shall return the product to the entrepreneur, complete with all accessories supplied and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

For service delivery: 3. In the case of the provision of services, the consumer has the option to dissolve the contract without stating any reasons within at least 7 working days, starting on the day the contract is concluded.
1. To exercise his right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur with the offer or, at the latest, upon delivery.
ARTICLE 7 - Costs in Case of Withdrawal
1. If the consumer exercises his right of withdrawal, the maximum cost of returning the goods shall be borne by the consumer.
2. If the consumer has made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.
ARTICLE 8 - Exclusion of the Right of Withdrawal
1. The entrepreneur can only exclude the right of withdrawal from the consumer if he has clearly stated this in the offer, at least in good time before the conclusion of the contract.
2. Exclusion of the right of withdrawal is only possible for products: a. which have been created by the entrepreneur in accordance with the consumer's specifications; b. which are clearly of a personal nature; c. which cannot be returned due to their nature; d. which can spoil or age quickly; e. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence; f. for newspapers and magazines; g. for audio and video recordings and computer software of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services: a. relating to accommodation, transport, restaurant, or leisure activities to be carried out on a certain date or during a certain period; b. the delivery of which has started with the explicit consent of the consumer before the cooling-off period has expired; c. related to 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. In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. These fluctuations and the fact that any prices stated are target prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and: a. they are the result of statutory regulations or provisions; or b. the consumer has the authority to terminate the contract on the day the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
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 legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the rights and claims that the consumer can assert against the entrepreneur in respect of a failure to fulfill the obligations of the entrepreneur towards the entrepreneur under the law and/or the distance agreement.
ARTICLE 11 - Delivery and Execution
1. The entrepreneur will take the greatest possible care when receiving orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. In compliance with the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders promptly but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed or if an order cannot or only partially be executed, the consumer will be notified of this no later than one month after the order has been placed. In that case, the consumer has the right to dissolve the contract free of charge and is entitled to any compensation.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
5. If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to make a replacement item available. It will be clearly and comprehensibly stated upon delivery that a replacement item will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of return will be borne by the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.

ARTICLE 12 - Long-Term Transactions

A contract for an indefinite period that
can be terminated by the consumer at any time, subject to the agreed notice period of a maximum of one month.
1. A contract for a definite period has a maximum duration of two years. If it has been agreed that, in the event of the consumer's silence, the distance contract will be renewed, the contract will be continued as a contract for an indefinite period, and the notice period after the continuation of the contract will be a maximum of one month.
ARTICLE 13 - Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within fourteen days after the start of the cooling-off period, or in the case of an agreement to provide a service, within 14 days after the delivery of the documents relating to this agreement.
2. In the case of consumer sales, general terms and conditions may never require advance payments of more than 50%. If an advance payment has been agreed, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
3. The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
4. In case of default by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge the reasonable costs made known to the consumer in advance.
ARTICLE 14 - Complaints Procedure
1. The entrepreneur has a well-publicized complaints procedure and deals with complaints in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur in a timely, complete, and clearly described manner after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response.
4. If the complaint cannot be resolved through mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
Please note that this is a translated version of the terms and conditions, and it's essential to ensure accuracy and legal compliance in your specific context. If you have any legal concerns or require specific terms and conditions for your business, it's advisable to consult with a legal professional to tailor them to your needs and jurisdiction.

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