Terms and Conditions
- Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
- Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur;
- Day: calendar day;
- Duration transaction: a distance agreement with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;
- Durable data carrier: any means that enables the consumer or trader to store information that is addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information.
- Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within 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, use is only made of one or more techniques for distance communication;
- Technology for remote communication: means that can be used to conclude an agreement, without the consumer and trader being in the same place at the same time.
ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR
Entrepreneur name: De Zutter Lizzie
Business address: Zeelaan 8 Eeklo
Email address of business manager: email@example.com
VAT identification number: 0561720763
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 contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, they are a true and fair view of the products and / or services offered. Apparent mistakes or manifest errors in the offer do 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 it applies to the right of withdrawal;
- The manner of payment, delivery and execution of the agreement;
- The time limit for acceptance of the offer or the period within which the entrepreneur guarantees the price;
- The level of the distance communication fee if the cost of using the remote communication technology is calculated on a different basis from the regular base rate for the means of communication used;
- Whether the agreement is archived after the creation, and if so, how it is consulted for the consumer;
- The way in which the consumer can check and, if desired, recover the information provided by him under the agreement before conclusion of the agreement;
- Any other languages in which, in addition to the 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 remote agreement in case of a long-term transaction.
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 by electronic means, the entrepreneur immediately confirms receipt of acceptance of the offer by electronic means. As long as the acceptance of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
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 - inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a sound conclusion of the distance agreement. If on the basis of this investigation the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
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:
a. The visiting address of the entrepreneur's establishment where the consumer is entitled to complaints;
b. The conditions under which and the manner in which the consumer may use the right of withdrawal or a clear notification of the exclusion of the right of withdrawal;
c. The information about guarantees and existing post-purchase service;
d. The information contained in article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer prior to the performance of the agreement;
e. The terms for termination of the agreement if the agreement is of a duration of more than one year or indefinite duration.
In the event of an overdraft transaction, the provision in the previous paragraph applies only to the first delivery.
ARTICLE 6 - RIGHT OF WITHDRAWAL
When delivering products:
When purchasing products, the consumer has the option of dissolving the contract within a week without giving any reason. This cooling-off period starts on the day following receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
During the cooling-off 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 exercises 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.
On delivery of services:
When providing services, the consumer has the opportunity to dissolve the agreement without notice for reasons for at least 7 days, starting on the day of entering into the agreement.
To exercise his right of withdrawal, the consumer focus to the information provided by the operator to supply and / or before the relevant provision reasonable and clear instructions.
ARTICLE 7 - COSTS IN THE EVENT OF WITHDRAWAL
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
Exclusion of the right of withdrawal is only possible for products:
a. which have been created by the entrepreneur to the consumer's specifications;
b. that are clearly personal in nature;
c. that can not be returned due to their nature;
d. that spoil or become obsolete;
e. whose price depends on fluctuations in the financial market over which the trader has no influence;
f. for individual newspapers and magazines;
g. 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:
a. Regarding accommodation, transport, restaurant or leisure activities on a particular date or during a certain period of time;
b. Whose delivery has been explicitly agreed by the consumer before the period of reflection has expired;
c. Regarding bets and lotteries.
ARTICLE 9 - THE PRICE
During the period of validity of the offer, the prices of the products and / or services offered will not be increased, except for price changes due to 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:
a. they are the result of legislation or regulations; whether
b. The consumer has the power to cancel the agreement as of the date of the price increase.
The prices mentioned in the offer of products or services include VAT.
ARTICLE 10 - CONFORMITY & WARRANTY
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer may apply to the entrepreneur under the agreement.
ARTICLE 11 - DELIVERY & PERFORMANCE
The place of delivery is the address that the consumer has informed to the company.
Taking into account what is stated about this in article 4 of these general terms and conditions, the company will execute accepted orders with due speed 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 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without costs and is entitled 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 a ordered product proves impossible, the entrepreneur will make an effort to make a replacement article available. Delivery will be reported in a clear and comprehensible manner that a replacement article is delivered. For replacement items right of withdrawal can not be excluded. The cost of any return shipping is at the expense of the entrepreneur.
The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a predetermined representative and known to the entrepreneur, unless explicitly agreed otherwise.
ARTICLE 12 - DURATION OF TRANSACTIONS: DURATION, TERMINATION & RENEWAL
The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
The consumer can terminate an agreement that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the stipulated term with due observance of the agreed cancellation rules and a notice period of at least highest one month.
The consumer can agree the agreements mentioned in the previous paragraphs:
Terminate at all times and not be restricted to termination at a particular time or in a certain period;
At least terminate in the same manner as they have been incurred by him;
Always terminate with the same notice period as the entrepreneur has undertaken for himself.
A contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a fixed term.
Contrary to the previous paragraph, a contract that has been entered into for a definite period and which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer agrees to this extended agreement. the end of the extension can be canceled with a notice period of no more than one month.
An agreement entered into for a certain period of time and which involves the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than Three months in the event of the agreement being scheduled, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A contract of limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
If an agreement has a duration of more than one year, after one year, the consumer may terminate the agreement at any time with a notice period of no more than one month unless reasonable and fairness resists termination before the end of the agreed term.
ARTICLE 13 - PAYMENT
When selling products to consumers on order, the general terms and conditions may never stipulate an advance payment of more than 50%. When an advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service (s), before the advance payment has been made.
The consumer has the duty to report. Inaccuracies in data supplied or specified payment immediately to the operator
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
If the complaint can not be resolved by mutual agreement, a dispute arises which is susceptible to the dispute settlement.
ARTICLE 15 - DISPUTES
In the event of disputes, the consumer can turn to Stichting WebwinkelKeur, which will mediate free of charge. If a solution has not yet been reached, the consumer has the option to have Stichting GeschilOnline handle his complaint, the decision is binding and both the entrepreneur and the consumer agree with this binding decision.
ARTICLE 16 - 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
ARTICLE 17 - GIFT VOUCHER CONDITIONS
Gift vouchers are accepted with a valid period of up to one year on the date of deregistration. Gift vouchers are also transferable but can only be used once due to the use of a code on the voucher.
Return & exchangeOutlet of sale
Returns are accepted up to 14 days after the original order date. This provided the presence of the original tags that are added to the piece. Under no circumstances may this tag be removed, otherwise the return will not be accepted. In this case you will receive the original item in the condition that you sent it back. In the event of a defect in the part and the aforementioned conditions are met, if a new other part is available, the part will be replaced. In the case of no stock, the amount of the item, with the exception of the transport costs, will be refunded. In this case you will be contacted regarding your account number and the amount will be on your account within 7 working days.
OUTLET OF SALE
Items under the 'Outlet of sale' section on the webshop will not be exchanged or returned under any circumstances. The same conditions apply as in the store itself. no returns are accepted.