Terms and Conditions
Index:
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the reflection
Article 8 – Exercise of the right of withdrawal by the consumer and costs
Article 9 – Obligations of the trader in case of withdrawal
Article 10 – Exclusion of withdrawal right
Article 11 – The price
Article 12 – Compliance and Warranty extension
Article 13 – Delivery and execution
Article 14 – Extended duration transactions: duration, termination and renewal
Article 15 – Payment
Article 16 – Complaints
Article 17 – Disputes
Article 18 – Additional or different terms
Article 19 – Return right
Article 1 – Definitions
In these conditions apply:
1. Supplementary agreement means an agreement whereby the consumer products, digital content
and / or services acquired in connection with a distance contract and these goods, digital content
and / or services are supplied or by a third party by the entrepreneur on the basis of a
arrangement between that third party and the trader;
2. Grace period: The period within which the consumer can exercise his right of withdrawal;
3. Consumer: the natural person who is acting for purposes relating to his
trade, business, craft or profession;
4. Day: calendar day;
5. Digital content means data which are produced and supplied in digital form;
6. Term Agreement: an agreement that extends to the regular delivery of goods, services
and / or digital content for a certain period of time;
7. Durable medium: any device – including also e-mail – that the consumer
or entrepreneur enables information addressed personally to him, to save a
way that future reference or use for a period which is tuned to the target
for which it was intended, and unaltered reproduction of the stored information
makes possible;
8. Right of withdrawal: the ability of the consumer to see within the waiting period of the
distance;
9. Entrepreneur: the natural or legal products (access) digital content and / or
providing remote services to consumers;
10. Distance contract means an agreement between the trader and the consumer
concluded within the framework of an organized system for distance selling of products,
digital content and / or services, up to and including the conclusion of the agreement exclusively or
is made using one or more means of distance communication;
11. Model withdrawal form, the form shown in Annex I of this European conditions
model withdrawal form;
12. Technology for distance communication: means that can be used for closing
a contract, without the consumer and entrepreneur in the same room do not have to
have come together.
Article 2 – Identity of the entrepreneur
Sholox
v.d. Veldeplantsoen 15
3764BP Soest
Email: info@sholox.com / info@sholox.nl
Tel: 0614540993
Commercial Register: 61401579
VAT identification number: NL102180659B02
Payment details: ING Bank
Account number: 6581287
IBAN: NL91INGB0006581287
BIC: INGBNL2
Article 3 – Applicability
1. These terms and conditions apply to every offer of the entrepreneur and to any
agreement reached at a distance between businesses and consumers.
2. Before the agreement is concluded, the text of these general
conditions made available to the consumer. If this is not reasonably possible, will
operator before the contract is concluded, indicate how the
general conditions for the entrepreneur to see and that they so requested by the consumer
soon as possible, be sent free of charge.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph
and before the contract is concluded, the text of these terms and conditions
by electronic means to be made available to the consumer in such a way that
it can be stored by the consumer in a simple way on a durable
data carrier. If this is not reasonably possible, before the distance contract
is closed, will indicate where the general conditions electronically
can be taken and that the consumer at the request electronically or
otherwise will be sent free of charge.
4. In the event that specific product in addition to these terms and conditions or
service conditions apply, the second and third paragraphs
application and the consumer in case of conflicting terms always rely on
the applicable provision that is most favorable to him.
Article 4 – The offer
1. If an offer has a limited duration or subject to conditions, this will
explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products offered,
digital content and / or services. The description is sufficiently detailed to be a good
assessment of the offer by enabling the consumer. If the trader
create images, which are a true reflection of the
products, services and / or digital content. Obvious mistakes or obvious errors in the
offer binding on the entrepreneur.
3. Each offer contains such information that is clear to the consumer what rights and
obligations which are attached to accepting the offer.
Article 5 – The contract
1. The agreement is subject to the provisions of paragraph 4, concluded at the time of
the consumer accepts the offer and meet the corresponding set
conditions.
2. If the consumer has accepted the offer electronically, the trader confirms
immediately electronically receipt of acceptance of the offer. As long as the
receipt of this acceptance has not been confirmed by the operator, the consumer may
terminate agreement.
3. If the agreement is created electronically, the trader will take appropriate technical and
organizational measures to protect the electronic transfer of data and makes it
a secure web environment. If the consumer can pay electronically, the entrepreneur will
to this end take appropriate safety precautions.
4. The entrepreneur can within the law – to inform the consumer on his
payment obligations, and of all those facts and factors that are important for
a sound conclusion of the distance contract. If the operator under this
Research has sound reasons not to enter into the agreement, he is entitled
to refuse an order or request or special conditions to the implementation to
connect.
5. The entrepreneur will look upon delivery of the product, service or digital content on the
consumer with the following information, writing or in such a way that it by the consumer by
an accessible manner can be stored on a durable medium, send:
a. the address of the establishment of the business right where the consumer complaints
can;
b. the conditions and how the consumer’s right of withdrawal
can utilize, or are relating to the exclusion a clear notification of the
right of withdrawal;
c. information on guarantees and after sales service;
d. the price including all taxes of the product, service or digital content; to the extent that
application of the cost of delivery; and the method of payment, delivery or performance of
the distance contract;
e. the requirements for terminating the agreement if the agreement has a duration of
more than one year or is indefinite;
f. If the consumer has a right of withdrawal and the model withdrawal form.
6. In the event of an extended transaction is the provision applies only in the previous paragraph on the first
Article 6 – Right of withdrawal
For products:
1. The consumer may conclude an agreement regarding the purchase of a product throughout
dissolve a cooling-off period of 30 days without giving any reason. The entrepreneur must
consumer questions about the reason for withdrawal, but not stating his reason (s)
oblige.
2. The cooling-off period referred to in paragraph 1 shall begin on the day after the consumer, or in advance by the
Consumer designated third party other than the carrier has received the product, or:
as a consumer in the same order ordered several products:. the day the
consumer or a third party designated by, has received the final product. The
economic operator may, provided he the consumer prior to the ordering process clear
manner has informed, an order for multiple products with different
refuse delivery.
b. if the supply of a product consisting of multiple lots or pieces: the day
which the consumer or a third party designated by the last shipment of the last
receiving part;
c. the contract is for regular delivery of goods during a certain period:
the day on which the consumer or a third party designated by the first product
receive.
In services and digital content which is not supplied on a tangible medium:
3. The consumer has a service contract and a contract for delivery of digital
content which is not supplied on a tangible medium for at least 14 days without giving
to dissolve reasons. The operator may ask the consumer to the reason for revocation,
but does not commit to stating his reason (s).
4. The cooling-off period referred to in paragraph 3 shall begin on the day following the conclusion of the contract.
Extended cooling-off period for products, services and digital content which is not on a tangible medium
provided with no information on right of withdrawal:
5. If the entrepreneur consumer statutory notice of the withdrawal right or
has not provided the model withdrawal form, the withdrawal period shall expire twelve months after
set the end of the original, in accordance with the preceding paragraphs of this article
cooling-off period.
6. If the entrepreneur has informed the consumer referred to in the preceding paragraph
transmitted within twelve months after the effective date of the original cooling-off period expires
the cooling-off period to 14 days after the day the consumer receives that information.
Article 9 – Obligations of the trader in case of withdrawal
1. If the trader notification of withdrawal by the consumer by electronic means possible
does, it sends an acknowledgment immediately upon receipt of this notification.
2. The trader shall reimburse all payments the consumer, including any delivery charges
the trader will be charged for returned product, immediately but within
14 days following the day on which the consumer notifies him of the withdrawal. unless the
entrepreneur offering to pick up the product himself, he must wait until he pay back the
product received or demonstrates to the consumer that he has returned the product, to
whichever is earlier.
3. The entrepreneur used to repay the same means of payment used by the consumer,
unless the consumer agrees to a different method. The repayment is free of charge for the
consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest
standard delivery, the trader will need the additional costs of the more expensive method not
to pay back.
Article 10 – Exclusion of withdrawal right
The entrepreneur can exclude the following products and services from the right of withdrawal, but
only if the entrepreneur clearly in the offer, at least in time for the conclusion of the
agreement stated:
1. Products or services whose price is dependent on fluctuations in the financial market
which the entrepreneur’s control, which may within the withdrawal period
occur;
2. Agreements concluded at a public auction. Under a public auction
means a method of sale where goods, digital content and / or services by the
entrepreneur offered to the consumer who is present in person or opportunity
will be personally present at the auction, conducted by an auctioneer and where the
successful bidder is bound to purchase the goods, digital content and / or services;
3. Service contracts, after full implementation of the service, but only if:
A. The performance has begun with the explicit prior consent of the consumer; and
b. the consumer has declared that he will lose his right of withdrawal when the entrepreneur
Agreement is fully implemented;
4. Service contracts for provision of accommodation, as in the agreement
a specific date or period of performance features and other than for residential purpose,
transport of goods, car rental services and catering;
5. Contracts related to leisure activities, as provided in the agreement
date or period of performance thereof is provided;
6. According to specifications for products manufactured by the consumer, not prefabricated
manufactured on the basis of an individual choice or decision by the consumer, or
clearly intended for a specific person;
7. Products which spoil quickly or have a limited shelf life;
8. Sealed products that are unsuitable for reasons of protection of health or hygiene
to be returned and which were unsealed after delivery;
9. Products are inseparably mixed after delivery by their nature with other products;
10. Alcoholic beverages, the price agreed when the contract was concluded,
the delivery of which can only take place after 30 days and the actual value
is dependent on fluctuations in the market on which the entrepreneur has no influence;
11. Sealed audio, video recordings and computer software of which the seal after
delivery is broken;
12. Newspapers, periodicals or magazines, except for subscriptions to this;
13. The supply of digital content other than on a tangible medium, but only if:
A. The performance has begun with the explicit prior consent of the consumer; and
b. the consumer has stated that he thus loses his right of withdrawal.
Article 11 – The price
1. During the be the offered price validity indicated in the offer
not increased goods and / or services, except for price changes resulting from changes in
VAT rates.
2. Notwithstanding the preceding paragraph, the business products or services whose prices
are subject to fluctuations in the financial market and where the operator has no control
has, at variable prices. These fluctuations and the fact that
any price targets, are at the offer.
3. Price increases within 3 months after the conclusion of the contract are only
allowed if they result from legislation or regulations.
4. Price increases from 3 months after the conclusion of the contract are only
allowed if the trader has agreed and:
A. They are the result of legislation or regulations; whether
b. the consumer is authorized to terminate the agreement with effect from the day
when the increase takes effect.
5. The rates in the supply of products or services include VAT.
Article 12 – Compliance Agreement and extended warranty
1. The entrepreneur guarantees that the products and / or services to the contract,
specifications mentioned in the offer, the reasonable requirements of reliability and / or usefulness
and the existing legislation on the date of the conclusion of the agreement
and / or government regulations. If agreed, the entrepreneur also ensure that
The product is suitable for other than normal use.
2. An additional guarantee provided by the trader, its supplier, manufacturer or importer
never restricted the legal rights and claims that the consumer under the
agreement to be invoked before the operator if the operator has failed
to fulfill his part of the agreement.
3. additional guarantee means any undertaking by the trader, its supplier,
importer or producer certifying that certain rights or claims to the consumer which grants
beyond which it is required by law in the event he has failed to fulfill
its part of the agreement.
Article 13 – Delivery and execution
1. The trader will take the greatest possible care when receiving
and in the execution of orders and products in assessing applications for
provision of services.
2. The place of delivery is the address given by the consumer to the trader
created.
3. Subject to what is stated in Article 4 of these General Terms and Conditions,
the entrepreneur accepted orders expeditiously but not later than 10 days
run, unless another delivery time has been agreed. If delivery is delayed
experiencing, or if an order is not or only partially implemented,
the consumer receives no later than 7 days after placing the order. The
Consumers in this case the right to terminate the contract without penalty and right to
compensation.
4. After dissolution in accordance with the preceding paragraph, the operator the amount that consumers paid
repay promptly.
5. The risk of damage and / or loss of products rests with the entrepreneur to
time of delivery to the consumer or a pre-designated and the entrepreneur
announced representative, unless expressly agreed otherwise.
Article 14 – Extended duration transactions: duration, termination and renewal
termination:
1. The consumer may contract for an indefinite period, which extends until the
regular delivery of products (including electricity) or services, at any time
denounce the applicable termination rules and a notice
not exceeding one month.
2. The consumer may contract concluded for a definite period, which extends until the
regular delivery of products (including electricity) or services, at any time at
terminate the end of the fixed term in compliance with the agreed
termination rules and a notice of up to one month.
3. Consumers can the agreements referred to in the preceding paragraphs:
– Withdraw and not be limited to termination at a particular time or in a
certain period;
– Terminate them in the same way as they are concluded;
– Cancel at the same notice as the company has negotiated for itself.
extension:
4. A contract for a definite period and that extends to the regular delivery of
products (including electricity) or services may not be renewed automatically or
renewed for a fixed duration.
5. Notwithstanding the preceding paragraph, a contract concluded for a fixed period which
extends to the regular supply of daily and weekly newspapers and magazines tacitly
be extended for a fixed period of up to three months, as consumers this
extended agreement by the end of the extension may terminate with notice
not exceeding one month.
6. A contract for a definite period and that extends to the regular delivery of
Products or services may be tacitly renewed for an indefinite period if the
consumer may at any time terminate with a notice period of up to one month. The
notice period not exceeding three months if the contract extends to the regular, but
less than once a month, delivering daily, weeklies and magazines.
7. A contract with a limited duration of regular delivery of daily,
weeklies and magazines (trial or introductory subscription) is not
tacitly continued automatically end after the trial or introductory.
duration:
8. When a contract has a duration of more than one year, the consumer may, after one year
Agreement withdraw a notice of up to one month, unless the
reasonableness and fairness against termination before the end of the agreed term
resist.
Article 15 – Payment
1. Unless otherwise provided in the agreement or additional conditions should by
the consumer amounts to be paid within 14 days after the start of the
cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the
agreement. In case of an agreement to provide a service, time begins
on the day after the consumer has received the confirmation of the agreement.
2. The consumer sales of products to consumers in general conditions
never be required to make a prepayment of more than 50%. If payment is
agreed, the consumer may not have any rights regarding the implementation of the
the order or service (s) before the advance payment
occurred.
3. The consumer has the duty to inaccuracies in data supplied or specified payment immediately
to report to the entrepreneur.
4. In case of default by the consumer, the operator subject to legal restrictions,
the right to charge the reasonable costs incurred to the Consumer.
Article 17 – Disputes
1. of these terms Agreements between the entrepreneur and the consumer
relate only to Dutch law.
@2020 sholox.com Chamber of Commerce 61401579.VAT ID: NL001394218B31