General Terms and Conditions for non-members of the Dutch Home Shopping Organization
Article 1 - Definitions
In these conditions the following terms have the following meanings:
Reflection period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract 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 entrepreneur to store information that is addressed to him personally in a way that allows 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 for the distance selling of products and / or services organized by the entrepreneur, up to and including the conclusion of the contract, use is exclusively made of one or more techniques for distance communication;
Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur coming together in the same room at the same time.
Article 2 - Identity of the entrepreneur
NAÏF Care BV Hellingweg 86, 2583 WH Den Haag 070-2210021 E-mail address: email@example.com Chamber of Commerce number:: 57166692 VAT identification number: NL852465415B01
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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and that they will be provided free of charge at the consumer's request as soon as possible. forwarded.
If the distance contract is concluded electronically, notwithstanding 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 easily stored by the consumer 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 can be requested electronically or at the consumer's request. will be sent by other means free of charge.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis and the consumer can always rely on in case of conflicting general terms and conditions. the applicable provision that is most favorable to him.
Article 4 - The offer
If an offer has a limited period of validity or is made 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 proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
Each 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;
the possible costs of delivery;
the way in which the agreement will be concluded and which actions are necessary for this. ;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the agreement;
the term for accepting the offer, or the term within which the entrepreneur guarantees the price;
the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate. for the means of communication used;
whether the contract is filed after conclusion, and if so, how this can be consulted by the consumer;
the way in which the consumer, before concluding the agreement, the information provided by him in the context of the agreement ka n check and if necessary repair;
any other languages in which, in addition to Dutch, the contract can be concluded;
the codes of conduct to which the entrepreneur 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 event of an extended transaction.
Article 5 - The contract
The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the corresponding terms and conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately electronically confirm receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the contract.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can inform himself - within legal frameworks - whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. 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, stating reasons, or to attach special conditions to the execution.
The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored and stored by the consumer in an accessible manner on a durable medium:
the visiting address of the establishment of the entrepreneur where the consumer can lodge complaints;
the conditions and how the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information about guarantees and existing after-sales service;
the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite.
In the event of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option to dissolve the contract without giving any reason during 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
During the reflection period, the consumer will handle the product and 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 makes use of his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and provided by the entrepreneur. clear instructions.
Article 7 - Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, at most the costs of return will be for his account.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or cancellation.
Article 8 - Exclusion of right of withdrawal
The entrepreneur can exclude the right of withdrawal of the consumer insofar as provided in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has this clearly in the offer, at least in time for the conclusion of the agreement. stated.
Exclusion of the right of withdrawal is only possible for products:
that have been created by the entrepreneur in accordance with the specifications of the consumer;
that are clearly of a personal nature;
that cannot be returned due to their nature;
that can spoil or age quickly;
whose price is subject to fluctuations in the financial market on which the entrepreneur has no influence;
or individual newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
concerning accommodation, transport, restaurant or leisure activities to be performed on a certain date or during a certain period;
whose delivery has begun with the express consent of the consumer before the reflection period has expired;
on betting and lotteries.
Article 9 - The price
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.
Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are bound to fluctuations the financial market and on which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices stated are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or stipulations.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
these are the result of statutory regulations or provisions; or
the consumer has the authority to terminate the contract with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
Article 10 - Compliance and Warranty
The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and on the date of the establishment of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
Article 11 - Delivery and implementation
The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless a longer delivery period has been agreed. If 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. right to terminate the contract free of charge and right to any compensation.
In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 30 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement article available. At the latest upon delivery, a clear and comprehensible manner will be reported that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement products. The costs of a possible return shipment are for the account of the entrepreneur.
The risk of damage and / or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a pre-designated and announced representative to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Duration transactions: duration, cancellation and extension
The consumer can at any time terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, with due observance of the agreed cancellation rules and a notice period. not exceeding one month.
The consumer can terminate a contract that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, with due observance of the agreed terms. cancellation rules and a notice period of up to one month.
The consumer can cancel the agreements referred to in the previous paragraphs: o at any time and not be limited to cancellation at a specific time or in a certain period; o at least cancel in the same way as they have been have entered into him; o always cancel with the same notice period as the entrepreneur has stipulated for himself. Extension
A contract that has been concluded 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 period.
Contrary to the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a maximum period of three months, if the consumer can cancel this extended contract at the end of the renewal with a notice period of up to one month.
A contract that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month. and a notice period of no more than three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
An agreement with a 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. Duration
If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time with a notice period of up to one month, unless the reasonableness and fairness oppose cancellation before the end. of the agreed duration and reschedule.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the event of an agreement to provide a service , this period commences after the consumer has received the confirmation of the contract.
When selling products to consumers, general terms and conditions may never stipulate a prepayment of more than 50%. When prepayment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service (s) before the stipulated prepayment has been made.
The consumer has the duty to report inaccuracies in payment data provided or stated to the entrepreneur without delay.
In case of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 - Complaints procedure
The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days, counting from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute will arise that is susceptible to the dispute resolution.
Article 15 - Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
Article 16 - Additional or different terms
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that these can be stored by the consumer in an accessible manner. a durable data medium.
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