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TERMS OF SERVICE
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OVERVIEW
Article 1 - Definitions
In these conditions, the following shall be understood as
Cooling-off period : the period within which the consumer may exercise his right of withdrawal;
Consumer : a natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the trader;
Day : calendar day;
Duration transaction : distance contract relating to a series of products and/or services, the
Long-term transaction: distance contract relating to a series of products and/or services whose delivery and/or purchase obligation is spread over time;
Durable data medium : any medium that enables the consumer or trader to store information addressed to him or her personally in a manner that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal : the consumer's possibility of withdrawing from the distance contract within the reflection period;
Entrepreneur : the natural or legal person who offers products and/or services to consumers remotely;
Distance contract : agreement whereby, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more distance communication techniques;
Distance communication technique : a means that can be used to conclude an agreement without the consumer and the business being in the same room at the same time.
General Conditions : these General Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Email address: lassetijnvandruenen@gmail.com
Chamber of Commerce Number: 91426561
Article 3 - Applicability
These general conditions apply to all offers of the entrepreneur, whether
all distance contracts and orders concluded between the entrepreneur and the consumer.
Before the conclusion of the distance contract, 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 conclusion of the distance contract that the general terms and conditions can be consulted at the entrepreneur's premises and will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, contrary to the provisions of the preceding paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically so that they can be easily stored on a durable data medium. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded where the general terms and conditions can be consulted electronically, and they will be sent electronically or by other means free of charge at the consumer's request.
If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis. In the event of a conflict between the general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to him.
Should one or more provisions of these terms and conditions be wholly or partially void or invalid at any time, the contract and these terms and conditions shall otherwise remain in force and the provision in question shall be replaced without delay and by mutual agreement by a provision that comes as close as possible to the meaning of the original.
Situations not covered by these general conditions must be assessed "in the spirit" of the same.
Any questions regarding the interpretation or content of one or more provisions of our general terms and conditions must be construed "in the spirit" of the same.
Article 4 - The offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur reserves the right to modify and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow an adequate 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 or obvious errors in the offer are not binding on the entrepreneur.
All images, specifications, and information presented in the offer are indicative and cannot be used as compensation or as a dissolution of the agreement.
Product images are a faithful representation of the products offered. The company cannot guarantee that the colors shown correspond exactly to the actual colors of the products.
Each offer contains information that makes it clear to the consumer what rights and obligations arise from accepting the offer. This applies in particular to
The price excluding customs clearance fees and import VAT. These additional costs will be borne and at the customer's risk. The postal and/or courier service will use the special import regime for postal and courier services. This regime applies if the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service collects the VAT (along with any applicable customs clearance fees) from the recipient of the goods;
possible shipping costs;
the manner in which the contract will be concluded and the actions necessary for this purpose;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the contract;
the period of acceptance of the offer, or the period within which the trader guarantees the price;
the level of the distance communication tariff if the costs of using the distance communication technique are calculated on a basis other than the usual basic tariff for the means of communication used;
Whether the agreement is archived after its conclusion and, if so, how it can be consulted by the consumer;
the way in which the consumer, before concluding the contract, can check the data that he has provided within the framework of the contract and
You can check and, if you wish, correct the data you have provided within the scope of the contract.
the languages other than Dutch in which the contract may be concluded
the codes of conduct to which the trader 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 case of a fixed-term transaction. Optional: available sizes, colors, type of materials.
Article 5 - The Agreement
Without prejudice to the provisions of paragraph 4, the agreement enters into force when the consumer accepts the offer and complies with the conditions set out therein.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the offer acceptance electronically. Until the trader confirms receipt of this acceptance, the consumer may terminate the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may—within the legal framework—inquire whether the consumer is able to fulfill his or her payment obligations, as well as all facts and factors that are important for the responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has reasonable grounds for not entering into the agreement, he or she has the right to refuse an order or request or to impose special conditions for performance, stating the reasons.
The entrepreneur shall include the following information with the product or service to the consumer, in writing or in a form that can be stored by the consumer in an accessible manner on a durable data medium:
5. the requirements for terminating the agreement if it has a duration of more than one year or is of indefinite duration.
In the case of a transaction of duration, the provision of the preceding paragraph only applies to the first delivery.
Each agreement is concluded subject to the conditions of sufficient availability of the corresponding products.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option to terminate the agreement without giving reasons within a period of 14 days. This cooling-off period begins the day after receipt of the product by the consumer or a representative previously designated by the consumer and notified to the entrepreneur.
During the reflection period, the consumer must handle the product and its packaging with care. They must only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they must return the product to the entrepreneur with all supplied accessories and—if reasonably possible—in its original condition and packaging, in accordance with reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they are obliged to inform the business within 14 days of receiving the product. The consumer must notify this in writing or by email. Once the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must demonstrate that the delivered goods were returned on time, for example, by providing proof of shipment.
If the customer has not expressed his desire to exercise his right of withdrawal or has not returned the product to the entrepreneur within the deadlines mentioned in sections 2 and 3, the purchase is a fact.
Article 7 - Expenses in case of withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products will be at their expense.
If the consumer has paid an amount, the entrepreneur will refund it as soon as possible, but no later than 14 days after the cancellation. This is subject to the condition that the product has already been returned to the entrepreneur or conclusive evidence of the full refund can be provided.
Article 8 - Exclusion of the right of withdrawal
The trader may exclude the consumer's right of withdrawal in the case of the products described in sections 2 and 3. The exclusion of the right of withdrawal only applies if the
The entrepreneur has clearly indicated this in the offer, at least sufficiently in advance of the conclusion of the contract. The exclusion of the right of withdrawal is only possible for products
The exclusion of the right of withdrawal is only possible for services
Article 9 - The price
During the validity period indicated in 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.
Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market beyond the Entrepreneur's control, with variable prices. This relationship to fluctuations and the fact that the prices mentioned are target prices will be mentioned in the offer.
Price increases within three months of the conclusion of the contract are only permitted if they are the result of regulations or legal provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated it and:
Pursuant to Section 5(1) of the Turnover Tax Act 1968, delivery takes place in the country where transport begins. In this case, this delivery takes place outside the EU. The postal or courier service will then charge the customer the import VAT or customs clearance fees. Consequently, the entrepreneur will not charge any VAT.
All prices are subject to printing errors. No liability is assumed for the consequences of printing errors and typographical errors. In the event of printing or typesetting errors, the entrepreneur is not obligated to deliver the product at the incorrect price.
Article 10 - Conformity and guarantee
The trader warrants that the products and/or services conform to the contract, the specifications stated in the offer, reasonable requirements of reliability and/or ease of use, and the legal provisions and/or government regulations in force at the date of the contract. If so agreed, the trader also warrants that the product is suitable for use other than its normal use.
A warranty offered by the trader, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the trader on the basis of the agreement.
Any defective or incorrectly delivered product must be reported to the business in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.
The manufacturer's warranty period corresponds to the factory warranty period. However, the manufacturer is not responsible under any circumstances for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or have been otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or the packaging;
Defectiveness is wholly or partly the result of standards that the government has established or will establish relating to the nature or quality of the materials used.
Article 11 - Delivery and execution
The entrepreneur will take the greatest possible care in receiving and executing product orders.
Without prejudice to the provisions of Article 4 of these general conditions, the company will execute accepted orders promptly and at the latest within 30 days, unless the consumer has agreed to a longer delivery period.
If delivery is delayed, or if an order cannot be fulfilled or can only be fulfilled partially, the consumer will be informed no later than 30 days after placing the order. In this case, the consumer has the right to terminate the agreement without charge and is entitled to any damages.
In the event of dissolution pursuant to the preceding paragraph, the entrepreneur shall reimburse the amount paid by the consumer as soon as possible, but no later than within 14 days of dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. At the latest at the time of delivery, it will be clearly and comprehensibly indicated that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipments will be borne by the entrepreneur.
The risk of damage and/or loss of the products rests with the entrepreneur until the moment of delivery to the consumer or to a representative previously designated and made known to the entrepreneur, unless explicitly agreed otherwise.
Article 12 - Duration of transactions: duration, termination and extension
Rescission
The consumer may terminate an open-ended contract concluded for
the regular supply of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term contract concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period not exceeding one month.
The consumer may terminate the contracts mentioned in the preceding paragraphs:
terminate them at any time and not be limited to termination at a specific time or period;
terminate them, at least, in the same way in which they were signed; always terminate them with the same notice period as the
the entrepreneur has stipulated for himself. Extension
A fixed-term contract concluded for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Notwithstanding the provisions of the preceding paragraph, a fixed-term contract concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, provided that the consumer can terminate this renewed contract towards the end of the renewal period by giving no more than one month's notice.
A fixed-term contract concluded for the regular supply of products or services may only be tacitly extended for an indefinite period if the consumer can terminate it at any time with notice not exceeding one month, and with notice not exceeding three months in the case where the contract relates to the regular supply, but less than once a month, of daily or weekly newspapers and magazines.
A limited-term contract for the regular supply of daily magazines
(trial or introductory subscription) is not automatically renewed and ends automatically after the trial or introductory period.
Duration
If a contract lasts for more than one year, after one year the consumer may terminate the contract at any time with up to one month's notice, unless reasonable and fair grounds preclude termination before the end of the agreed term.
Article 13 - Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the reflection period referred to in Article 6, paragraph 1. In the case of a service agreement, this period begins once the consumer has received confirmation of the agreement.
has received.
The consumer is obliged to immediately inform the entrepreneur of any inaccuracies in the payment details provided or mentioned.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.
Article 14 - Complaints procedure
Complaints regarding the implementation of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be responded to within 14 days of receipt. If a complaint is expected to require a longer processing period, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the claim cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute resolution procedure.
A claim does not suspend the employer's obligations unless otherwise indicated in writing.
If the entrepreneur considers a claim to be valid, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.
Article 15 - Litigation
In agreements between the entrepreneur and the consumer to which these general terms and conditions apply, only Dutch law applies, even if the consumer resides abroad.