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
v.d. Veldeplantsoen 15
Email: email@example.com / firstname.lastname@example.org
Commercial Register: 61401579
VAT identification number: NL102180659B02
Payment details: ING Bank
Account number: 6581287
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 7 – Obligations of the consumer during the reflection
1. During this period the consumer will treat the product and packaging. He
the product will only unpack or use to the extent necessary to establish the nature, characteristics and
to determine the effect of the product. The premise here is that the consumer product
may use only and inspect as he would be allowed to do in a shop.
2. The consumer shall only be liable for diminished value of the product resulting
a way of dealing with the product beyond permitted in paragraph 1.
3. The consumer is not liable for diminished value of the product as the entrepreneur
not for him, or at the conclusion of the contract all the legally required information on
Article 8 – Exercise of the right of withdrawal by the consumer and costs 1. If the consumer exercises his right of withdrawal, he shall within the cooling-off period through the model withdrawal form or any other unequivocal manner the entrepreneur. 2. As soon as possible but within 30 days from the day following the notification referred to in paragraph 1 the consumer shall send back the product, whether he hands it to (a representative of) entrepreneur. This does not have offered if the trader to collect the product itself. The Consumers return transmit time observed in any case like to return the product before the waiting period has expired. 3. The consumer shall send back the product with all accessories, if reasonably possible in original condition and packaging, and in accordance with reasonable provided by the entrepreneur and clear instructions. 4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal is located at the consumer. 5. The consumer bears the direct cost of returning the product. As the trader has not notified the consumer has to bear them or if the entrepreneur indicating to bear the costs themselves, consumers do not bear the return shipping costs. 6. If the consumer withdraws after first having expressly requested that the operation of the service or supply of gas, water or electricity are not put up for sale in a limited volume or certain amount begin during the withdrawal period, the consumer is the entrepreneur owes an amount in proportion to that part of the undertaking by the trader has fulfilled at the time of withdrawal, in comparison with the full performance of the obligation. 7. The consumer shall bear no cost for the performance of services or the supply of water, gas or electricity, which are not put up for sale in a limited volume or quantity, or supply of district heating, provided that: a. the entrepreneur consumer statutory notice of the withdrawal right, the expenses have not provided in case of withdrawal and the model withdrawal form, or; b. the consumer does not expressly to the commencement of the execution of the service or delivery of gas, water, electricity or district heating requested during the reflection period. 8. The consumer shall bear no cost for the total or partial delivery of not one tangible medium supplied digital content if: a. he has not prior to its delivery expressly agreed to the start of the fulfillment of the contract before the end of the reflection period; b. he has not acknowledged that he loses his right of withdrawal when giving his consent; whether c. the trader has failed to confirm this consumer statement. 9. If the consumer exercises his right of withdrawal, all are complementary contracts terminated by operation of law.
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 16 – Complaints
1. The entrepreneur has a well-publicized complaints and deals
complaints under this procedure.
2. Complaints about the implementation of the agreement should take place promptly after the
consumer has found the defects are defined clearly and completely submitted to
3. Complaints submitted to the entrepreneur within a period of 14 days from
answered the date of receipt. If a complaint is a foreseeable longer processing time
Calls will be answered by the operator within the period of 14 days with a notice of
receipt and indicating when the consumer can expect a more detailed answer.
4. If the complaint within a reasonable time or within 3 months after the submission of the
complaint can be resolved by mutual agreement creates a dispute that is subject to the
Article 17 – Disputes
1. of these terms Agreements between the entrepreneur and the consumer
relate only to Dutch law.
Article 18 – Additional or different terms
Additional or of these terms and conditions, may not be to the detriment
of its consumer and should be recorded in writing or in such a way that it
may be stored by the consumer in an accessible manner on a durable
Article 19 – right to return
The customer has 14 days without reason to return items. The return form can be accessed through client email. Items may be returned within 14 days, and can be exchanged or canceled, the total purchase amount of the items will be fully credited.
@2019 sholox.com Chamber of Commerce 61401579.VAT ID: NL102180659B02