General terms and conditions

 

General Terms and Conditions for Members WebwinkelKeur

 

Table of Contents:

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The agreement

Article 6 - Right of withdrawal

Article 7 - Costs in case of withdrawal

Article 8 - Exclusion of the right of withdrawal

Article 9 - The price

Article 10 - Compliance and Warranty

Article 11 - Delivery and execution

Article 12 - Duration transactions: duration, termination and extension

Article 13 - Payment

Article 14 - Complaints

Article 15 - Disputes

Article 16 - Additional or different provisions

 

Article 1 - Definitions

In these conditions the following terms are used:

  1. Grace period: The period within which the consumer can make use of his right of withdrawal;
  2. Consumer: the natural person not acting in the exercise of professional or business and a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Duration transaction: a distance contract relating to a series of products and / or services, whereby the delivery and / or purchase obligation is spread over time;
  5. Durable medium: every means that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows for future consultation and unaltered reproduction of the stored information.
  6. Right of withdrawal: the option for the consumer to waive the distance contract within the cooling-off period;
  7. Model form: the model form for withdrawal which the trader makes available and which a consumer may fill in if he wishes to exercise his right of withdrawal.
  8. Entrepreneur: the natural or legal person who offers products and / or services to consumers at a distance;
  9. Distance contract: an agreement whereby sole use is made of one or more techniques for distance communication within the framework of a system organised by the trader for the distance sale of products and/or services, up to and including the moment that the agreement is concluded;
  10. Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur being together in the same room at the same time
  11. General Terms and Conditions: the present General Terms and Conditions of the Entrepreneur.

 

Article 2 - Identity of the entrepreneur

Afvallen met Bregje (statutory name, possibly supplemented by a trade name);

Brakman 50, 5047SW Tilburg

Telephone number: 013-8080 211

E-mail address: hallo@afvallenmetbregje.nl

Chamber of Commerce number:81439806

Btw-identificatienummer:NL862092516B01

 

 

Article 3 - Applicability

  • These general terms and conditions apply to every offer made by the trader and to every distance contract and order that is concluded between the trader and the consumer.
  • Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before concluding the distance contract, the trader will indicate that the general conditions are available for inspection and that they will be sent to the consumer free of charge as quickly as possible, at the consumer's request.
  • If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general conditions will be made available to the consumer in electronic form in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in some other way.
  • In case in addition to these general conditions also specific product or service conditions apply, the second and third paragraph shall apply mutatis mutandis and the consumer in case of conflicting general conditions always rely on the applicable provision which is most favorable to him.
  • If one or more provisions in these general conditions at any time are wholly or partially invalid or annulled, then the remainder of the agreement and these conditions will remain in force and the provision in question will be replaced immediately, in mutual consultation, by a provision that approaches the scope of the original provision as closely as possible.
  • Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
  • Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

 

Article 4 - The offer

  • If an offer has a limited validity or is made under conditions, this will be mentioned explicitly in the offer.
  • The offer is without obligation. The entrepreneur is entitled to change 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 enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images these are a true reflection of the products and / or services. Obvious mistakes or errors in the offer binding on the entrepreneur.
  • All images, specifications and information in the offer are indicative and may not lead to compensation or dissolution of the contract.
  • Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colours shown will exactly match the real colours of the products.
  • Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
    • the price including taxes;
    • the possible costs of shipment;
      • the way in which the agreement will be concluded and which actions are required for this;
      • whether or not the right of withdrawal is applicable;
      • the method of payment, delivery and implementation of the agreement;
      • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
      • the level of the rate of distance communication if the costs of using the technology 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 its conclusion and, if so, how it can be consulted by the consumer;
      • the manner in which the consumer may, before concluding the contract, verify the data provided by him in the framework of the contract and, if desired, correct them;
  1. any other languages in which, in addition to Dutch, the contract can be concluded;
  2. the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
  3. the minimum duration of the distance contract in the event of an extended transaction.

 

 

 

Article 5 - The agreement

  1. The contract is concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.
  2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
  3. If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transmission of data and he will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate security measures.
  4. The entrepreneur may - within legal limits - obtain information on 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 contract. If, on the basis of this investigation, the trader has good reason not to enter into the contract, he is entitled to refuse an order or request while giving reasons, or to attach special conditions to the implementation.
  5. The entrepreneur will be with the product or service to the consumer the following information in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium, send:

a. the visiting address of the Entrepreneur's business establishment where the Consumer may lodge complaints;

b. the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;

c. the information on guarantees and existing after-sales service;

d. the data included in article 4, paragraph 3 of these conditions, unless the trader has already provided the consumer with these prior to concluding the contract

e. the requirements for terminating the contract if the contract has a duration of more than one year or for an indefinite period of time.

  1. In case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
  2. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

 

Article 6 - Right of withdrawal

Upon delivery of products:

  1. When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons during 14 days. This cooling off period commences on the day after receipt of the product by the consumer or a previously designated by the consumer and the entrepreneur announced representative.
  2. During this period the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he uses 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.
  3. When the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the trader within 14 days of receiving the product. The consumer must make this known by means of the model form. After the consumer has made known to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of posting.
  4. If, at the end of the periods specified in paragraphs 2 and 3, the consumer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

In case of delivery of services:

  1. When providing services, the consumer can terminate the contract without giving any reason to dissolve for at least 14 days, commencing on the day of entering into the agreement.
  2. To make use of his right of withdrawal, the consumer focus to the trader in the supply and / or no later than the relevant delivery reasonable and clear instructions.

 

Article 7 - Costs in case of withdrawal

  1. If the consumer makes use of his right of withdrawal, the maximum amount he can be charged for is the costs of return shipment.
  2. If the consumer has paid an amount, the operator this amount as soon as possible but no later than 14 days after the withdrawal, refund. This is subject to the condition that the product has already been received by the merchant or that conclusive proof of the return can be provided.

 

Article 8 - Exclusion of the right of withdrawal

  • The trader can exclude the consumer from the right of withdrawal for products as described in paragraph 2 and 3. The preclusion of the right of withdrawal is only valid if the trader clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract.
  • Exclusion of the right of withdrawal is only possible for products

a. that have been created by the entrepreneur in accordance with the specifications of the consumer;

b. that are clearly of a personal nature

c. that cannot be returned due to their nature

d. that spoil or age quickly;

e. whose price depends on fluctuations in the financial market on which the entrepreneur has no influence;

f. for single newspapers and magazines

g. audio and video recordings and computer software of which the consumer has broken the seal

h. for hygienic products of which the consumer has broken the seal.

  • Exclusion of the right of withdrawal is only possible for services

a. concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;

b. of which the delivery has started with the express consent of the consumer before the period for reflection has expired;

c. relating to betting and lotteries.

 

 

Article 9 - The price

  • During the validity period mentioned in the offer, the prices of the products and / or services are not increased, except for price changes due to changes in VAT rates.
  • Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the trader's control, at variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned with 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 from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:

a. they are the result of statutory regulations or stipulations; or

b. the consumer is authorized to terminate the contract on the day on which the price increase takes effect.

  • The prices mentioned in the offer of products or services include VAT.
  • All prices are subject to misprints and typographical errors. No liability is accepted for the consequences of misprints and typesetting errors. In case of misprints the entrepreneur is not obliged to deliver the product at the wrong price.

 

Article 10 - Compliance and Warranty

  • The entrepreneur guarantees that the products and / or services meet the contract, the specifications mentioned in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion 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, based on the agreement, can assert against the entrepreneur.
  • Any defects or wrongly delivered products should be reported to the entrepreneur in writing within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition.
  • The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. The entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
  • The guarantee does not apply if:
  1. The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
  2. The delivered products have been exposed to abnormal conditions or are otherwise carelessly handled or contrary to the instructions of the entrepreneur and / or on the packaging;
  • The inadequacy is wholly or partially the result of government regulations which have been or will be imposed in respect of the nature or quality of the materials used.

 

Article 11 - Delivery and implementation

  • The entrepreneur will take the utmost care in receiving and carrying out orders of products and in assessing applications for the provision of services.
  • The place of delivery is the address that the consumer has made known to the company.
  • Subject to what is stated in paragraph 4 of this article, the company accepted orders expeditiously but not later than 30 days, unless the consumer has agreed to a longer delivery. If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives them no later than 30 days after the order was placed. The consumer in this case the right to terminate the contract without penalty. The consumer is not entitled to compensation.
  • All delivery periods are indicative. The consumer cannot derive any rights from any delivery dates mentioned. Exceeding a term does not entitle the consumer to compensation.
  • In case of dissolution in accordance with paragraph 3 of this article, the operator will refund the amount paid by the consumer as soon as possible but at least within 14 days after dissolution.
  • If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be clearly and comprehensibly reported that a replacement article is being delivered. For replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment shall be borne by 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 pre-designated and the entrepreneur announced representative, unless otherwise expressly agreed.

 

Article 12 - Duration transactions: duration, termination and renewal

Termination

  • The consumer may contract for indefinite and that extends to the regular delivery of products (including electricity) or services, at any time, denounce the applicable termination rules and a notice not exceeding one month.
  • The consumer has a right at all times to terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at the end of the fixed-term, subject to the agreed termination rules and a period of notice that does not exceed one month.
  • The consumer can the agreements mentioned in the previous paragraphs:
  1. terminate them at all times and not be limited to termination at a specific time or during a specific period;
  2. at least terminate them in the same way as they were concluded by him;
  3. always terminate them with the same period of notice as the entrepreneur has stipulated for himself.

Extension

  • A fixed-term contract that was concluded for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period of time.
  • Notwithstanding the preceding paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers or magazines may be tacitly renewed for a maximum of three months, if the consumer has the right to terminate the renewed contract before the end of the renewal period, with a period of notice that does not exceed one month.
  • A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically prolonged for an indefinite period of time if the consumer has at all times the right to terminate, with a period of notice that does not exceed one month and a period that does not exceed three months if the contract is to regularly supply daily or weekly newspapers or magazines, but less than once a month.
  • A contract with a limited duration for the regular delivery of trial days, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

  • If a contract lasts more than one year, after one year of the agreement the consumer may at any time terminate with a notice of up to one month, unless the reasonableness and fairness resisting the termination before the end of the agreed term.

 

Article 13 - Payment

  1. As far as no other date has been agreed, sums payable by the consumer should be paid within 7 working days after the start of the reflection period, as referred to in article 6, paragraph 1. In case of an agreement for the provision of a service, this period shall start after the consumer has received the confirmation of the agreement.
  2. The consumer has the duty to inaccuracies in data supplied or specified payment immediately to the operator to report.
  3. In case of default by the consumer, the operator subject to legal restrictions, the right to advance to the consumer reasonable costs to charge.

 

Article 14 - Complaints

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the implementation of the agreement must be fully and clearly described within 7 days submitted to the entrepreneur, after the consumer has found the defects.
  3. Complaints submitted to the trader will be replied to within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement, it becomes a dispute that is subject to the dispute resolution procedure.
  5. In case of complaints, a consumer should first turn to the entrepreneur. For complaints that cannot be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), who will mediate free of charge. If there is still no solution, the consumer has the possibility to let his complaint be handled by the independent dispute resolution commission appointed by Stichting WebwinkelKeur, the ruling of this is binding and both entrepreneur and consumer agree to this binding ruling. To submit a dispute to this dispute committee are costs that consumers must pay to the committee. It is also possible to submit complaints via the European ODR platform(http://ec.europa.eu/odr).
  6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
  7. If a complaint is found to be justified by the trader, the trader will, at its discretion, either replace or repair the delivered products free of charge.

 

Article 15 - Disputes

  1. On agreements between the entrepreneur and the consumer to which these general conditions relate, only Dutch law. Even if the consumer lives abroad.
  2. The Vienna Sales Convention does not apply.

 

 

Article 16 - Additional or different provisions

No additional or different provisions.

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